Opinion No.

The Honorable Doyle Webb State Senator P.O. Box 1998 Benton, Arkansas 72015-1998

Dear Senator Webb:

This is in response to your request for an opinion on the following question:

Is it proper1 for a prosecuting attorney's office to handle a worthless check for utility services as a criminal "hot check" pursuant to Arkansas Code Annotated §§ 5-37-301 et seq.?

RESPONSE

It is my opinion that the answer to this question will depend upon the particular facts surrounding the "utility service." The most important consideration may be whether the check in question could be characterized as payment for a…