by Attorney Eric D. PuryearThe crime of Deceptive Practices through the writing of bad checks in Illinois is defined by 720 ILCS 5/17-1 (B) as follows:
(B) Bad checks.
A person commits a deceptive practice when:
(1) 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 or she 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. The trier of fact may infer that the defendant knows that the check or other order will not be paid by the depository and that the defendant has acted with intent to defraud when the defendant fails 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. In this paragraph (B)(1), “property” includes rental property (real or personal).
(2) He or she 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 7 days of receiving actual notice from the depository or payee of the dishonor of the check or order.
The charge of a deceptive practice through a bad check in Illinois pursuant to paragraph (1) above is a Class A misdemeanor if the value does not exceed $150, and a Class 4 felony if the value does exceed $150. Where there are multiple bad checks involved in a 90 day period, the charges can be combined into a single charge and prosecuted based upon the total dollar amount.
For charges under paragraph (2) above involving bad checks in Illinois, a first offense is a Class A misdemeanor and subsequent offenses are Class 4 felonies.
The Class A misdemeanor version of Deceptive Practices through the writing of bad checks in Illinois can result in up to a year sentence in the county jail, while the Class 4 felony version can result in a prison term of 1-3 years.