West Virginia Code § 61-3-39

Obtaining property in return for worthless check; penalty
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It is unlawful for any person, firm or corporation to obtain any money, services, goods or
other property or thing of value by means of a check, draft or order for the payment of
money or its equivalent upon any bank or other depository, knowing at the time of the
making, drawing, issuing, uttering or delivering of the check, draft or order that there is not
sufficient funds on deposit in or credit with such bank or other depository weith which to pay
the same upon presentation. The making, drawing, issuing, uttering or delivery of any such
check, draft or order, for or on behalf of any corporation, or its name, bry any officer or agent
of such corporation, shall subject such officer or agent to the penalties of this section to the
same extent as though such check, draft or order was his own personal act, when such agent
or officer knows that such corporation does not have sufficient funds on deposit in or credit
with such bank or depository from which such check, draft otr order can legally be paid upon
presentment.
This section shall not apply to any such check, draft or order when the payee or holder
knows or has been expressly notified prior to the acceptance of same or has reason to
believe that the drawer did not have on depossit or to his credit with the drawee sufficient
funds to insure payment as aforesaid, nor shall this section apply to any postdated check,
draft or order.
No prosecution shall be confined to the provisions of this section by virtue of the fact that
worthless checks, drafts or ordeers may be employed in the commission of some other
criminal act.
A person who violates the provisions of this section, if the amount of the check, draft or
order is less than $500, is guilty of a misdemeanor, and, upon conviction thereof, the person
shall be fined not more than $200, or confined in jail not more than six months, or both. A
person who violates the provisions of this section, if the amount of the check, draft or order
is $500 or more, is guilty of a felony, and, upon conviction thereof, the person shall be fined
notW more than $500, or imprisoned in the penitentiary not less than one year nor more than
ten years, or both.

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