A person who issues or passes a check or similar sight order for the payment of money, knowing that it will not be honored by the drawee, shall be imprisoned for not more than one year or fined not more than $1,000.00, or both. The court shall order restitution in the amount of the check or order, together with a service charge not to exceed $5.00, if it is established that the defendant has the ability to pay. For the purposes of this section, it may be inferred that the issuer knew that the check or order, other than a post-dated check or order, would not be paid if:
(1)the issuer had no account with the drawee at the time the check or order was issued; or
(2)the issuer had insufficient funds with the drawee at the time the check or order was issued or presented for payment, and
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A person who issues or passes a check or similar sight order for the payment of money, knowing that it will not be honored by the drawee, shall be imprisoned for not more than one year or fined not more than $1,000.00, or both. The court shall order restitution in the amount of the check or order, together with a service charge not to exceed $5.00, if it is established that the defendant has the ability to pay. For the purposes of this section, it may be inferred that the issuer knew that the check or order, other than a post-dated check or order, would not be paid if:
(1) the issuer had no account with the drawee at the time the check or order was issued; or
(2) the issuer had insufficient funds with the drawee at the time the check or order was issued or presented for payment, and
(A) the check or order was presented to the drawee for payment not more than 30 days after the date of issuance; and
(B) payment was refused by the drawee for reasons other than seizure or attachment of the issuer’s funds by order of a court or authorized governmental agency; and
(C) the issuer or a person acting in his or her behalf failed to make full satisfaction of the amount of the check or order within 10 days after receiving notice of its dishonor by the drawee. (Added 1971, No. 254 (Adj. Sess.), § 3, eff. April 11, 1972; amended 1981, No. 232 (Adj. Sess.), § 1, eff. May 6, 1982.)