The Wal-Mart in our jurisdiction processes checks as electronic funds transfers. The check is run through a machine, the employee gets a confirmation number, and the check is handed back to the person who wrote it.

Our problem:
Defendant steals check book and writes a forged check to Wal-Mart. Wal-Mart runs it like an electronic funds transfer and hands Defendant the check back. Defendant isn't using a Debit or Credit card so Debit/Credit Card Abuse isn't an option. The check was given back to the defendant and Wal-Mart doesn't make a copy of it in anyway, so forgery seems to be out the window too.

Are we stuck with a simple misdemeanor B theft or is there some way to file this as a felony?

Thanks in advance for your help.

TPC sec. 32.51-Fraudulent use of ID ?