720 ILCS 5/17-1 – Deceptive Practices

720 ILCS 5/17-1 – Deceptive Practices

This law makes it a crime to cheat or trick someone for money, property, or services in Illinois.

This statute explains different types of fraud, like writing bad checks or lying to banks, and the punishments for doing so. It also allows victims to sue for extra money if someone gives them a bad check that isn’t paid.

(A) General deception. A person breaks this law if they trick or threaten someone into signing papers dealing with property or money, if a bank officer accepts deposits knowing the bank is broke, or if someone lies to the public to sell something or promote services.

(B) Bad checks.

1. A person commits fraud by writing a check or other order for money knowing it will not be paid. This includes trying to get property, services, or pay taxes this way. The law assumes the person knew the check would bounce if they didn’t have enough money or credit in the bank, or if the check was bounced twice at least seven days apart.
2. A person also commits fraud by writing a check over $150 to pay off credit when the person knows it won’t be paid and doesn’t fix it within seven days of being told.

(C) Bank-related fraud.

1. False statement: It is illegal to lie in writing to get a bank account, loan, or financial service, such as giving a false name, address, or job information.
2. Possession of stolen or fraudulently obtained checks: It is illegal to hold or use someone else’s check or bank information, pretending to have permission when you don’t. If a bank account owner says a payment was unauthorized, the bank can ask for a signed statement before fixing the problem.
3. Possession of implements of check fraud: A person can’t have machines or stamps used for check-making without permission and with intent to cheat.

(D) Sentence:

1. Most deceptive practices are a Class A misdemeanor.
2. For serious cases under (A)(1) or (B)(1):
   1. If the total value of property gained is more than $150 in one or several acts within 90 days, it becomes a Class 4 felony.
   2. Repeating the (B)(1) bad check offense again is also a Class 4 felony.
3. Doing the bank check crimes under (C)(2) three or more times in a year against different account holders or banks is a Class 4 felony.
4. Having three or more fake check devices within a year under (C)(3) is also a Class 4 felony.

(E) Civil liability. If someone writes a bad check and doesn’t repay within 30 days after receiving a written notice, they owe the victim three times the check amount (between $100 and $1,500), plus attorney and court fees. The victim can sue in small claims court. The person who gave the bad check can still pay the original amount plus costs before the hearing to settle the claim.

View the full statute here.

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