§ 750.131Check, draft, or order for payment of money; making, drawing, uttering, or

delivering without sufficient funds with intent to defraud; violation; penalties; enhanced
 sentence based on prior convictions.
 Sec. 131.
    (1) A person shall not make, draw, utter, or deliver any check, draft, or order for the
 payment of money, to apply on account or otherwise, upon any bank or other depository with
 intent to defraud and knowing at the time of the making, drawing, uttering, or delivering that
 the maker or drawer does not have sufficient funds in or credit with the bank or other
 depository to pay the check, draft, or order in full upon its presentation.
    (2) A person shall not make, draw, utter, or deliver any check, draft, or order for the
 payment of money, to apply on account or otherwise, upon any bank or other depository with
 intent to defraud if the person does not have sufficient funds for the payment of the check,
 draft, or order when presentation for payment is made to the drawee. This subsection does not
 apply if the lack of funds is due to garnishment, attachment, levy, or other lawful cause and
 that fact was not known to the person when the person made, drew, uttered, or delivered the
 check, draft, or order.
    (3) A person who violates this section is guilty of a crime as follows:
    (a) If the amount payable in the check, draft, or order is less than $100.00, as follows:
    (i) For a first offense, a misdemeanor punishable by imprisonment for not more than 93
 days or a fine of not more than $500.00, or both.
    (ii) For an offense following 1 or more prior convictions under this section or a local
 ordinance substantially corresponding to this section, a misdemeanor punishable by
 imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.
    (b) If the amount payable in the check, draft, or order is $100.00 or more but less than
 $500.00, as follows:
    (i) For a first or second offense, a misdemeanor punishable by imprisonment for not more
 than 1 year or a fine of not more than $1,000.00 or 3 times the amount payable, whichever is
 greater, or both imprisonment and a fine.
    (ii) For an offense following 2 or more prior convictions under this section, a felony
 punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or
 both. For purposes of this subparagraph, however, a prior conviction does not include a
 conviction for a violation or attempted violation of subdivision (a).
    (c) If the amount payable in the check, draft, or order is $500.00 or more, a felony
 punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00 or
 3 times the amount payable, whichever is greater, or both imprisonment and a fine.
    (4) If the prosecuting attorney intends to seek an enhanced sentence based upon the
 defendant having 1 or more prior convictions, the prosecuting attorney shall include on the


                                                                Michigan Compiled Laws Complete Through PA 91 of 2026
Rendered Sunday, September 6, 2026           Page 80 of 465                              Courtesy of legislature.mi.gov

 complaint and information a statement listing the prior conviction or convictions. The
 existence of the defendant's prior conviction or convictions shall be determined by the court,
 without a jury, at sentencing or at a separate hearing for that purpose before sentencing. The
 existence of a prior conviction may be established by any evidence relevant for that purpose,
 including, but not limited to, 1 or more of the following:
    (a) A copy of the judgment of conviction.
    (b) A transcript of a prior trial, plea-taking, or sentencing.
    (c) Information contained in a presentence report.
    (d) The defendant's statement.
    (5) If the sentence for a conviction under this section is enhanced by 1 or more prior
 convictions, those prior convictions shall not be used to further enhance the sentence for the
 conviction pursuant to section 10, 11, or 12 of chapter IX of the code of criminal procedure,
 1927 PA 175, MCL 769.10, 769.11, and 769.12.