(A) As used in this section:
(1) A financial institution means any bank, savings and loan association, credit union, or other depository of money, or medium of savings and collective investment.
(2) An account holder is any person, having a checking account or savings account in a financial institution.
(3) To act with the "intent to defraud" means 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) General Deception. A person commits a deceptive practice when, with intent to defraud:
(1) 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) Being an officer, manager or other person participating in the direction of a financial institution, he knowingly receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent, or
(3) He knowingly makes or directs another to make a false or deceptive statement addressed to the public for the purpose of promoting the sale of property or services, or
(4) With intent to obtain control over property or to pay for property, labor or services of another, or in satisfaction of an obligation for payment of tax under the Retailers' Occupation Tax Act or any other tax due to the State of Illinois, he issues or delivers a check or other order upon 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, or when such check or other order is presented for payment and dishonored on each of 2 occasions at least 7 days apart, 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.
(5) He issues or delivers a check or other order upon a real or fictitious depository in an amount exceeding $150 in payment of an amount owed on any credit transaction for property, labor or services, or in payment of the entire amount owed on any credit transaction for property, labor or services, knowing that it will not be paid by the depository, and thereafter fails to provide funds or credit with the depository in the face amount of the check or order within seven days of receiving actual notice from the depository or payee of the dishonor of the check or order.
Sentence.
A person convicted of deceptive practice under divisions (B)(1) through (5), except as otherwise provided by this section, is guilty of a Class A misdemeanor.
A person convicted of a deceptive practice in violation of division (D) a second or subsequent time shall be guilty of a Class 4 felony and shall be prosecuted according to appropriate state law.
A person convicted of deceptive practices in violation of division (D), when the value of the property so obtained, in a single transaction or in separate transactions within a 90 day period, exceeds $150, shall be guilty of a Class 4 felony and shall be prosecuted according to appropriate state law. In the case of prosecution for separate transactions totaling more than $150 within a 90 day period, such separate transactions shall be alleged in a single charge and provided in a single prosecution.
(C) Deception on a Bank or Other Financial Institution False Statements.
(1) Any person who, with the intent to defraud, makes or cause to be made, any false statement in writing in order to obtain an account with a bank or other financial institution, knowing such writing to be false, and with the intent that it be relied upon, is guilty of a Class A misdemeanor.
For the purposes of this division (C), a false statement shall mean any false statement representing identity, address, or employment, or the identity, address or employment of any person, firm or corporation.
(2) Any person who possesses, with the intent to defraud, any check or order for the payment of money, upon a real or fictitious account, without the consent of the account holder, or the issuing financial institution, is guilty of a Class A misdemeanor.
Any person who, within any 12 month period, violates this section with respect to 3 or more checks or orders for the payment of money at the same time or consecutively, each the property of a different account holder or financial institution, is guilty of a Class 4 felony.
(3) Possession of Implements of Check Fraud. Any person who possesses, with the intent to defraud, and without the authority of the account holder or financial institution any check imprinter, signature imprinter, or "certified" stamp is guilty of a Class A misdemeanor.
A person who within any 12 month period violates this division (C) as to possession of 3 or more such devices at the same time or consecutively, is guilty of a Class 4 felony.
Possession of Identification Card.
(4) Any person, who with the intent to defraud, possesses any check guarantee card or key card or identification card for cash dispensing machines without the authority of the account holder or financial institution, is guilty of a Class A misdemeanor.
A person who, within any 12 month period, violates this section at the same time or consecutively with respect to 3 or more cards, each the property of different account holders, is guilty of a Class 4 felony.
A person convicted under this section, when the value of property so obtained, in a single transaction, or in separate transactions within any 90 day period, exceeds $150 shall be guilty of a Class 4 felony.
(ILCS Ch. 720, Act 17, § 1)