A. Definitions: As used in this section:
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 collection investments.
INTENT TO DEFRAUD: To act with "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 the 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 Retail Obligation 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 two (2) occasions at least seven (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 one hundred fifty dollars ($150.00) 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 (7) days of receiving actual notice from the depository or payee of the dishonor of the check or order. (Ord. 860, 4-12-1995)