FALSE OR BOGUS CHECK DEFINED
A false or bogus check is a check/order which is not honored because [of insufficient funds of the maker to pay the same]/[the check or order was drawn on a closed/nonexistent account)] when the check/order was given:
in exchange for money/property/(a benefit/(thing of value).
as a down payment for the purchase of an item of which the purchaser is taking immediate possession.
as payment made to a landlord under a lease/(rental agreement).
Statutory Authority: 21 O.S. Supp. 2014, § 1541.4.
The elements for the misdemeanor false-pretense crime under section 1541.1 are identical to the elements of the felony false-pretense crime under section 1541.2 except for the fourth element. The statutory language of section 1541.1 indicates that the value of the property must be alleged and proved to be $500 or less. Hence, if a prosecutor is uncertain as to the value of the property, the prosecutor should charge the felony crime. If the facts at trial indicate that the property is of a value of $500 or less, the accused can then be convicted of the misdemeanor, because misdemeanor false pretense is a lesser included offense of the felony.
Section 1541.1 also creates the misdemeanor crime of attempted false pretense. As noted in the Committee Comments for the felony crime of attempted false pretense, the State is prohibited from prosecuting under the general attempt statutes because a specific attempt statute for false pretense exists.