Risk For Property
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FAQ
In the state of Illinois, it's possible to go to jail for writing a bad check. The crime of doing so falls under ?financial institution fraud,? and it's punishable by time in jail or in prison.
810 ILCS 5/3-118: Statute of limitation An action to enforce the obligation on a certified check, teller's check, cashier's check, or traveler's check must be commenced within 3 years after demand for payment is made.
It is considered a criminal offense, however, under 720 ILCS 5/17-1(B) to issue or deliver a check or other order for the payment of money to a third party when the writer knows that it will not be paid by the bank upon which it was issued.
Finally, there's the possibility of criminal charges for deceptive practices. That's a Class A misdemeanor?maximum penalty 1 year and $1,000. It becomes a Class 4 felony?maximum 3 years?if you obtain at least $150 worth of property within 90 days with your bad check(s).
Another key difference is the dollar amount to be charged with a felony. If you are charged with retail theft, any amount over $300 is a felony in Illinois. If you are charged with theft, any amount over $500 is a felony in Illinois.
Many people believe that check fraud, as a white collar crime, is not all that serious. In truth, if your charges of check fraud fall under the Illinois definitions of forgery or embezzlement, you could face felony charges and prison time.
It is considered a criminal offense, however, under 720 ILCS 5/17-1(B) to issue or deliver a check or other order for the payment of money to a third party when the writer knows that it will not be paid by the bank upon which it was issued.
