Any person who shall with intent to defraud make, or draw, or utter, or deliver to another person any check or draft, on a bank or other depository for the payment of money, knowing at the time of such drawing, or delivery, that he or she has not sufficient funds in or credit with said bank, or depository, to meet said check, in full upon its presentation, shall be guilty of the unlawful issuance of a bank check. The word “credit” as used herein shall be construed to mean an arrangement or understanding with the bank for the payment of such check or draft to another person without such fund or credit to meet the same shall be prima facie evidence of an intent to defraud.
(Ord. 117 § 1, 1970; Ord. 582 § 1, 2010)
The crime of unlawful issuance of a bank check is a gross misdemeanor; however, the defendant need not be imprisoned, but may be at the discretion of the court. When a defendant has been found to have committed this offense for the first time, and is being sentenced, the court shall impose a fine of up to $1,125, of which no less than $375.00 or an amount equal to 150 percent of the amount of the bank check, whichever is greater, shall not be suspended or deferred. Upon conviction of a second offense within any 12-month period, the court may not suspend or defer any portion of the fine. The court shall order the convicted defendant to make full restitution.
(Ord. 117 § 2, 1970; Ord. 582 § 2, 2010)