Theft By Check, Hot Checks

What is it? Theft by Check, Issuance of a Bad Check, common referred to as Hot Checks, is when a check is passed, cashed, or uttered, where the person has knowledge there are insufficient funds in the account or the account is no longer valid.

What makes it illegal?  The Texas Criminal Penal Code Sec. 32.41. ISSUANCE OF BAD CHECK indicates that a person commits an offense if he issues or passes a check knowing that the issuer does not have sufficient funds in or on deposit with the bank .

What are the Punishments? For individuals arrested for Sec. 32.41. ISSUANCE OF BAD CHECK, except as otherwise provided by this subsection, an offense under this section is a Class C misdemeanor punishable by fines only. If the check or similar sight order that was issued or passed was for a child support payment the obligation for which is established under a court order, the offense is a Class B misdemeanor. Likewise, multiple prior offenses can elevate the penalty.

Common Criminal Cases Involving Theft Arrests: The most common Issuance of a Bad Check cases and Hot Check arrests involve cashing checks or paying for goods with a check from an overdrawn or terminated and closed account.

TEXAS PENAL CODE, TITLE 7.  Sec. 32.41. ISSUANCE OF BAD CHECK

Sec. 32.41. ISSUANCE OF BAD CHECK. (a) A person commits an offense if he issues or passes a check or similar sight order for the payment of money knowing that the issuer does not have sufficient funds in or on deposit with the bank or other drawee for the payment in full of the check or order as well as all other checks or orders outstanding at the time of issuance.

Read the Full Penal Code Section

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