Cross References to Related Sections:

Civil penalty, 60-2610.

Law Review and Bar Journal References:

"Criminal Presumptions: To Err Is Human, But Not Always Harmless," John Thomas Banta, 23 W.L.J. 686, 692 (1984).

"2002 Legislative Wrap Up," Paul T. Davis, 71 J.K.B.A. No. 7, 15 (2002).

"Disaster on the Horizon: It's Post-Conviction Time; Do you know where your alien client is?" Kathleen A. Harvey, Rekka Sharma-Crawford and W. Michael Sharma-Crawford, 73 J.K.B.A. No. 2, 16 (2004).

"There's (Almost) No Place Like Home: Kansas Remains In the Minority on Protecting Animals From Cruelty," Kara Gerwin, 15 Kan. J.L. & Pub. Pol'y, No. 1, 125 (2005).

Mentioned in article discussing the legislature's actions in defining many new felonies. 56 K.L.R. 832 (2008).

Cited in article addressing the interrelationship of drug offenses. 56 K.L.R. 845, 853 to 855 (2008).

Attorney General's Opinions:

Small claims procedure; K.S.A. 60-2610. 86-107.

Crimes against property; giving a worthless check. 79-16.

Crimes against property; giving a worthless check. 81-70.

Penal ordinances; conflict with state law. 81-222.

Crimes against property; giving a worthless check. 82-131.

Crimes against property; giving a worthless check. 83-142.

Worthless checks; statutory service charge; preexisting indebtedness; notice; refusal of payment. 90-93.

Giving worthless check; prima facie evidence of intent to defraud; demand for service charge. 94-141.

Administrative handling cost; use and disposition of proceeds. 98-30.

Municipal courts have jurisdiction to hear ordinance violations that could be prosecuted as a felony in district court. 2007-26.

CASE ANNOTATIONS

1. Conviction hereunder affirmed; no error in rulings on reception of evidence relating to attempted restitution. State v. Marsh, 211 Kan. 585, 506 P.2d 1132.

2. Constitutionality of section upheld; allowing state to establish prima facie case is permissible statutory presumption. State v. Haremza, 213 Kan. 201, 202, 203, 205, 206, 208, 209, 515 P.2d 1217.

3. Bank ledger sheets admissible in prosecution hereunder; sentence properly invoked. State v. Powell, 220 Kan. 168, 169, 170, 172, 173, 175, 551 P.2d 902.

4. Probation revoked after sentence for violation of section; credit for time spent on probation not mandatory. State v. Snook, 1 Kan. App. 2d 607, 571 P.2d 78.

5. Referred to in upholding constitutionality of K.S.A. 21-3702. State v. Smith, 223 Kan. 192, 194, 573 P.2d 985.

6. Testimony of deputy county attorney permissible under DR 5-101(B)(2); trial court erred in disqualifying county attorney from prosecuting hereunder. State v. Johnson, 224 Kan. 466, 580 P.2d 1339.

7. Referred to in construing Campaign Finance Act. State v. Doyen, 224 Kan. 482, 489, 580 P.2d 1351.

8. Mailing of notice by certified mail to address shown on check sufficient to raise rebuttable presumption. State v. Calhoun, 224 Kan. 579, 581 P.2d 397.

9. Conviction hereunder reversed; instruction concerning statutory presumption erroneous. State v. Fisher, 2 Kan. App. 2d 546, 547, 549, 583 P.2d 1038.

10. Party who plea bargained to violation of section could not change plea after sentence; discretionary with court. Burden v. State, 2 Kan. App. 2d 640, 586 P.2d 65.

11. Section does not prohibit express contract for greater service charge; conscionability. Merrel v. Research & Data, Inc., 3 Kan. App. 2d 48, 52, 589 P.2d 120.

12. Appeal from conviction hereunder. State v. Henderson, 226 Kan. 726, 727, 603 P.2d 613.

13. Mentioned in construing Kansas double jeopardy law; prosecution based on acts proved in former prosecution barred under K.S.A. 21-3108(2)(a). In re Berkowitz, 3 Kan. App. 2d 726, 742, 602 P.2d 99.

14. Mentioned in reversing conviction under K.S.A. 21-3701; insufficient evidence to support conviction thereunder. State v. Hamilton, 6 Kan. App. 2d 646, 631 P.2d 1255 (1981).

15. Court has affirmative duty to instruct on lesser crimes only if there is evidence under which the defendant might reasonably be convicted of a lesser crime. State v. Reynolds, 230 Kan. 532, 538, 639 P.2d 461 (1982).

16. Error where instruction on rebuttable statutory presumption fails to clarify burden of proof not shifted to defendant. State v. Johnson, 233 Kan. 981, 982, 986, 666 P.2d 706 (1983).

17. Statutory intent; gravamen of offense is act of putting check into circulation knowing of insufficient funds to pay. State v. McConnell, 9 Kan. App. 2d 688, 690, 688 P.2d 1224 (1984).

18. Suspended sentences included in meaning of probation in consecutive sentencing statute, K.S.A. 21-4608(3). State v. Ashley, 236 Kan. 551, 553, 693 P.2d 1168 (1985).

19. Jail time credit (K.S.A. 21-4614) while in community corrections facility on probation authority to commit discussed. State v. Fowler, 238 Kan. 326, 327, 710 P.2d 1268 (1985).

20. No requirement that money or equivalent or anything of value be received to constitute offense. State v. Ringi, 238 Kan. 523, 527, 712 P.2d 1223 (1986).

21. Cited; constitutionality of statute on debtor depriving creditor of creditor's own money (K.S.A. 21-3734(1)(c)) examined. State v. Jones, 242 Kan. 385, 388, 748 P.2d 839 (1988).

22. Prosecutions under Kansas worthless check law are criminal in nature and are not stayed by Bankruptcy Code. In Re Barnett, 15 B.R. 504, 505, 506, 507, 508, 510, 511, 512 (1981).

23. Giving worthless check covered hereunder as specific statute; conviction under K.S.A. 21-3711 reversed. State v. Montgomery, 14 Kan. App. 2d 577, 796 P.2d 559 (1990).

24. When jury instructions on lesser included offenses required in child abuse-felony murder trial examined. State v. Hupp, 248 Kan. 644, 650, 809 P.2d 1207 (1991).

25. Time during which probation may be revoked examined; probation period held limited to maximum sentence time. State v. Grimsley, 15 Kan. App. 2d 441, 808 P.2d 1387 (1991).

26. Sufficiency of state's evidence to establish whether state presented prima facie case is not an issue of statewide interest and vital to a correct and uniform administration of criminal law. State v. Wilson, 261 Kan. 924, 933 P.2d 696 (1997).

27. Cited in discussion on when a crime may be a lesser included offense. State v. McCarley 38 Kan. App. 2d 165, 172, 173, 177, 178, 166 P.3d 418 (2007).

28. Double homicide convictions for capital murder under K.S.A. 21-3439(a)(6) and for first-degree premeditated murder held improperly duplicitous. Trotter v. State, 288 Kan. 112, 200 P.3d 1236 (2009).