A. Definitions:
ACCOUNT HOLDER: Any person, having a checking account or savings account in a financial institution.
FINANCIAL INSTITUTION: Any bank, savings and loan association, credit union or other depository of money or medium of savings and collective investment.
INTENT TO DEFRAUD: To act wilfully, and with the specific intent to deceive or cheat, for the purpose of causing financial loss to another, or to bring some financial gain to oneself. It is not necessary to establish that any person was actually defrauded or deceived.
B. Offense: A person commits a deceptive practice when:
1. With intent to defraud, he causes another, by deception or threat, to execute a document disposing of property or a document by which a pecuniary obligation is incurred; or
2. With intent to obtain control over property or to pay for property, labor or services of another, he issues or delivers a check or other order on a real or fictitious depository for the payment of money, knowing that it will not be paid by the depository. Failure to have sufficient funds or credit with the depository when the check or other order is issued or delivered is prima facie evidence that the offender knows that it will not be paid by the depository, and that he has the intent to defraud. (1976 Code § 130.006)