§ 15-39. Fraud by check.

A. 

As used in this section, the following terms shall have the meanings indicated:

CHECK

A written unconditional order to pay a sum certain in money drawn on a bank payable on demand and signed by the drawer;

KNOWINGLY ISSUES

Issuing a check to obtain property or to pay a debt with intent to defraud or deceive any other person;

DRAWEE

The bank or purported bank upon which a check is drawn;

DRAWER

A person either real or fictitious whose name appears on a check as the primary obligor whether the actual signature is that of himself or of a person authorized to draw the check in his behalf;

INSUFFICIENT FUNDS

When the drawer issues a check from the drawee and has no checking account with the drawee or has funds or credit in a checking account with the drawee in an amount less than the amount of the check plus the amount of all other checks outstanding at the time of issuance. A check dishonored for "no account," "account closed" or "non-sufficient funds" shall also be deemed to be dishonored for "insufficient funds";

ISSUE

Make, draw, deliver or pass a check.

B. 

Any person who knowingly issues a check which is not paid because the drawer has insufficient funds or credit with the drawee has issued a fraudulent check and commits misdemeanor fraud by check, if the check was for a sum less than five hundred dollars.

C. 

In addition to the penalties set forth in Section 1-5, the court may require any person convicted of check fraud to make restitution in an amount not to exceed twice the amount of the dishonored check.

D. 

Any of the following is prima facie evidence that the person at the time he issued the check or other order for the payment of money intended that it should not be paid:

(1) 

Proof that at the time of issuance he did not have an account with the drawee;

(2) 

Proof that at the time of issuance he did not have sufficient funds with the drawee and that he failed to pay the check or other order within five days after receiving notice of nonpayment or dishonor, personally given or sent to the address shown on the check or other order.

E. 

Proof the drawer opened an account with the drawee on a certain date shall be considered evidence of the drawer's knowledge of the account balance on that date.

Added by Ord. No. 91-10