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The 191st General Court of the Commonwealth of Massachusetts

Section 47A: Utterance or delivery of insufficient funds check with intent to defraud; punishment

Section 47A. Whoever, with intent to defraud, makes, draws, utters or delivers any check, draft or order for the payment of any amount required under this chapter upon any bank or other depository, with knowledge that the maker or drawer has not sufficient funds or credit at such bank or other depository for the payment of such instrument, although no express representation is made in reference thereto, shall be punished by a fine of not less than five hundred nor more than five thousand dollars, or imprisonment for not more than two years, or both such fine and imprisonment. As against the maker or drawer thereof, the making, drawing, uttering or delivery of such check, draft or order, payment of which is refused by the drawee, shall be prima facie evidence of intent to defraud and of knowledge of insufficient funds in, or credit with, such bank or other depository, unless the maker or drawer shall have paid the holder thereof the amount due thereof, together with all costs and protest fees, within two days after receiving notice that such check, draft or order has not been paid by the drawee. The word ''credit'' as used herein, shall be construed to mean an arrangement or understanding with the bank or depository for the payment of such check, draft or order.