TITLE 1; CODE OF CIVIL PROCEDURE
CHAPTER 1; GENERAL PROVISIONS AS TO CIVIL ACTIONS
1-1-115. Civil liability for unpaid bad check or NSF checks.
(a) Any person who issues a bad check or NSF check which is not paid because the bad check or NSF check has been dishonored for any reason has thirty (30) days following the date of a written demand mailed to the drawer of the bad check or NSF check by United States postal service certificate of mailing at the address shown on the bad check or NSF check or his last known address or personally served pursuant to the Wyoming Rules of Civil Procedure, to pay to the holder of the bad check or NSF check the amount of the bad check or NSF check and a collection fee not to exceed thirty dollars ($30.00). The demand shall state that the drawer is required to pay the value of the bad check or NSF check and the collection fee demanded and shall state the collection fee provided for in this section.

(b) Any person who fails to pay the amount of the bad check or NSF check and the collection fee as set forth in subsection (a) of this section within thirty (30) days following the date of a written demand, mailed to or served on the drawer in accordance with subsection (a) of this section, is liable to the holder of the bad check or NSF check for three (3) times the amount of the bad check or NSF check, but in no case less than one hundred dollars ($100.00), a collection fee of thirty dollars ($30.00), and court costs.

(c) In extraordinary cases, including cases in which the court determines that the party who wrote the bad check or NSF check has raised dilatory or bad faith defenses, the court may award the prevailing party reasonable attorney fees.

(d) Nothing in this section shall prevent the criminal prosecution of the person who issues the bad check or NSF check. However, any payment made by the defendant to a victim pursuant to an order for restitution entered in a criminal case pursuant to W.S. 7-9-101 through 7-9-112 or 6-3-704(b), shall be set off against any judgment in favor of the victim in a civil action brought under this section arising out of the same facts or event.

(e) A cause of action under this section may be brought in small claims court, if the amount of the demand does not exceed the jurisdiction of that court, or in any other appropriate court.

(f) As used in this section, "bad check or NSF check," "drawee," "drawer" and "issue" have the same meaning as defined in W.S. 6-3-701.


Criminal Provisions
TITLE 6; CRIMES AND OFFENSES
CHAPTER 3; OFFENSES AGAINST PROPERTY
ARTICLE 7; bad check or NSF check FRAUD
6-3-701. Definitions.

(a) As used in this article: (i) "bad check or NSF check" means a written unconditional order to pay a sum certain in money drawn on a bank payable on demand and signed by the drawer;

(ii) "Knowingly issues" means issuing a bad check or NSF check to obtain property or to pay a debt with intent to defraud or deceive any other person;

(iii) "Drawee" means the bank or purported bank upon which a bad check or NSF check is drawn;

(iv) "Drawer" means a person either real or fictitious whose name appears on a bad check or NSF check as the primary obligor whether the actual signature is that of himself or of a person authorized to draw the bad check or NSF check in his behalf;

(v) "Insufficient funds" means when the drawer issues a bad check or NSF check from the drawee and has no bad check or NSF checking account with the drawee or has funds or credit in a bad check or NSF checking account with the drawee in an amount less than the amount of the bad check or NSF check plus the amount of all other bad check or NSF checks outstanding at the time of issuance. A bad check or NSF check dishonored for "no account", "account closed" or "nonsufficient funds" shall also be deemed to be dishonored for "insufficient funds";

(vi) "Issue" means make, draw, deliver or pass a bad check or NSF check.


TITLE 6; CRIMES AND OFFENSES
CHAPTER 3; OFFENSES AGAINST PROPERTY
ARTICLE 7; bad check or NSF check FRAUD
6-3-702. Fraud by bad check or NSF check; penalties.

(a) Any person who knowingly issues a bad check or NSF check which is not paid because the drawer has insufficient funds or credit with the drawee has issued a fraudulent bad check or NSF check and commits fraud by bad check or NSF check.

(b) Fraud by bad check or NSF check is: (i) A misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both, if the fraudulent bad check or NSF check was for a sum of less than five hundred dollars ($500.00); or

(ii) Repealed by Laws 1984, ch. 44, § 3.

(iii) A felony punishable by imprisonment for not more than ten (10) years, a fine of not more than ten thousand dollars ($10,000.00), or both, if the fraudulent bad check or NSF check was for the sum of five hundred dollars ($500.00) or more, or if the offender is convicted of fraud by bad check or NSF check involving two (2) or more bad check or NSF checks issued within any sixty (60) day period in the state of Wyoming totaling five hundred dollars ($500.00) or more in the aggregate. (c) Renumbered as 7-9-112 by Laws 1987, ch. 157, § 3.


TITLE 6; CRIMES AND OFFENSES
CHAPTER 3; OFFENSES AGAINST PROPERTY
ARTICLE 7; bad check or NSF check FRAUD
6-3-703. Prima facie evidence of intent that bad check or NSF check not to be paid; evidence of knowledge of account balance.

(a) Any of the following is prima facie evidence that the person at the time he issued the bad check or NSF check or other order for the payment of money intended that it should not be paid: (i) Proof that at the time of issuance he did not have an account with the drawee;

(ii) Proof that at the time of issuance he did not have sufficient funds with the drawee and that he failed to pay the bad check or NSF check or other order within five (5) days after receiving notice of nonpayment or dishonor, personally given or sent to the address shown on the bad check or NSF check or other order; or

(iii) Proof that when presentment was made in a reasonable time the issuer did not have sufficient funds with the drawee and he failed to pay the bad check or NSF check or other order within five (5) days after receiving notice of nonpayment or dishonor, personally given or sent to the address shown on the bad check or NSF check or other order. (b) Proof the drawer opened an account with the drawee on a certain date shall be considered evidence of the drawer's knowledge of the account balance on that date.

TITLE 6; CRIMES AND OFFENSES
CHAPTER 3; OFFENSES AGAINST PROPERTY
ARTICLE 7; bad check or NSF check FRAUD
6-3-704. Acquirer of right to bad check or NSF check with insufficient funds may file complaint; deferred prosecution or probation and restitution on bad check or NSF checks.

(a) Any person, having acquired rights with respect to a bad check or NSF check which is not paid because the drawer has insufficient funds, may file a complaint under this act whether or not he is the payee, holder or bearer of the bad check or NSF check.

(b) If deferred prosecution or probation is ordered, the court as a condition of supervision shall require the defendant to make restitution in an amount not to exceed twice the amount of the dishonored bad check or NSF check on all bad check or NSF checks issued by the defendant which are unpaid as of the date of commencement of the supervision in addition to other terms and conditions appropriate for the treatment or rehabilitation of the defendant.

TITLE 6; CRIMES AND OFFENSES
CHAPTER 3; OFFENSES AGAINST PROPERTY
ARTICLE 7; bad check or NSF check FRAUD
6-3-705. Liability of drawee for release of information to payee, holder or official; liability of person committing fraud to holder.

(a) A drawee is not civilly or criminally liable for releasing the following information relating to the drawer's account to any payee or holder of a bad check or NSF check that has been dishonored for insufficient funds, upon the written request of any payee or holder: (i) The status of the account, and whether the drawer had sufficient funds or credit with the drawee at the time the bad check or NSF check was issued or presented for payment; and

(ii) The current home and business addresses and telephone numbers of the drawer. (b) A drawee is not civilly or criminally liable for releasing the following information relating to the drawer's account to any law enforcement or prosecuting official or agent thereof who first certifies in writing that he is investigating a complaint against the drawer under this section: (i) Documents relating to the opening of the account by the drawer;

(ii) Correspondence between the drawer and the drawee relating to the status of the account;

(iii) Periodic statements delivered to the drawer by the drawee for the two (2) periods prior to and subsequent to the issuance of any bad check or NSF check which is the subject of such investigation;

(iv) The current home and business addresses and telephone numbers of the drawer; and

(v) Copies of other documents showing examples of signatures of the drawer. (c) Any person who commits fraud by bad check or NSF check is liable to the holder of the bad check or NSF check for the sum of the bad check or NSF check plus interest, costs of collection and reasonable collection fees.

TITLE 6; CRIMES AND OFFENSES
CHAPTER 3; OFFENSES AGAINST PROPERTY
ARTICLE 7; bad check or NSF check FRAUD
6-3-706. Bank not liable for release of information on drawer's account after warrant issued.

After a warrant has been issued against a drawer, a bank is not civilly or criminally liable for releasing information relating to the drawer's account to a sheriff, deputy sheriff, under sheriff, police officer, prosecuting attorney, assistant prosecuting attorney, deputy prosecuting attorney or authorized investigator or detective for a prosecuting attorney, sheriff's office or police department investigating or prosecuting a charge under this article.