§ 5-37-305 - Penalties.
               	 		
5-37-305.    Penalties.
    (a)  Upon  a determination of guilt, in the event that the order, draft, check, or  other form of presentment involving the transmission of account  information is five hundred dollars ($500) or less, the penalties shall  be as follows:
      (1)  First Offense.   A fine of not less than fifty dollars ($50.00) nor more than five  hundred dollars ($500) or imprisonment in the county jail or regional  detention facility not to exceed thirty (30) days, or both;
      (2)  Second Offense.   A fine of not less than one hundred dollars ($100) nor more than one  thousand dollars ($1,000) or imprisonment in the county jail or regional  detention facility not to exceed ninety (90) days, or both; and
      (3)  Third and Subsequent Offenses.   A fine of not less than two hundred dollars ($200) nor more than two  thousand dollars ($2,000) or imprisonment in the county jail or regional  detention facility not to exceed one (1) year, or both.
(b)    (1)  Making,  uttering, or delivering one (1) or more instruments or transactions  drawn on insufficient funds or drawn on a nonexistent account is a Class  B felony if:
            (A)  The amount of any one (1) instrument or transaction is two thousand five hundred dollars ($2,500) or more; or
            (B)  More  than one (1) instrument or transaction has been drawn within a  ninety-day period, and each instrument or transaction is in an amount  less than two thousand five hundred dollars ($2,500), and the total  amount of all such instruments or transactions is two thousand five  hundred dollars ($2,500) or more.
      (2)  Making,  uttering, or delivering one (1) or more instruments or transactions  drawn on insufficient funds or drawn on nonexistent accounts is a Class C  felony if:
            (A)  The amount of  any one (1) instrument or transaction is less than two thousand five  hundred dollars ($2,500) but more than five hundred dollars ($500); or
            (B)  More  than one (1) instrument or transaction has been drawn within a  ninety-day period, each instrument or transaction is in an amount less  than five hundred dollars ($500), and the total amount of all such  instruments or transactions is less than two thousand five hundred  dollars ($2,500) but more than five hundred dollars ($500).
      (3)  Under  subdivisions (b)(1)(B) and (b)(2)(B) of this section, each instrument  or transaction may be added together in a single prosecution.
(c)    (1)  Any  court passing sentence upon a person convicted of any offense, pursuant  to a provision of      5-37-301--5-37-306, may also order the person to  make full restitution to the plaintiff or complaining party.
      (2)  All court costs may be taxed to the convicted defendant.