(a) No person shall, with intent to defraud, make, draw, utter or deliver any check, draft or order for the payment of less than two hundred dollars ($200.00), to apply on account or otherwise, upon any bank or other depository, knowing at the time of such making, drawing, uttering or delivering, that the maker or drawer has not sufficient funds in or credit with such bank or other depository for the payment of such check, draft or order, in full, upon its presentation, or, with intent to defraud, make, draw, utter or deliver any check, draft or order for the payment of two hundred dollars ($200.00), to apply on account or otherwise, upon any bank or other depository, if such person does not have sufficient funds for payment of the same when presentation for payment is made to the drawee, except where such lack of funds is due to garnishment, attachment, levy or other lawful cause, and such fact was not known to the person who made, drew, uttered or delivered the instrument at the time of so doing.
(b) Whoever violates subsection (a) hereof shall be guilty of a misdemeanor, subject to the penalty provided in Section 660.99, upon a first or second offense only. Upon a third or subsequent offense such person shall be guilty of a felony and shall be prosecuted under State law.