A person with a bank account writes a bad check (also known as a non-sufficient funds or NSF check) when he deliberately or with knowledge writes a check for an amount of funds he knows are not available in the account. The crime of writing a bad check may also occur when a person writes a check on an account that has been closed. Another bad check scheme that may result in criminal charges occurs when an account holder writes a check for an amount in excess of the funds in the account, and deposits the check in a second account (often at a different bank)—and then withdraws the funds from the second account before the check is presented to the first bank for payment.

Bad check laws vary from state to state, and are usually located in the state’s penal or criminal code (statutes). Banks and criminal prosecutors recognize that a person can inadvertently write a check for more than the funds on deposit in their account, and not every instance will result in criminal charges. But many state laws have an expansive definition of the required knowledge or deliberate intent to write a bad check, and a criminal prosecutor does not have to prove a defendant charged with a bad check offense knew exactly how much money was in the account when the defendant wrote the check to prove the defendant knew he was writing a bad check or deliberately wrote a bad check.

In Alaska, writing a bad check, also known as issuing a check with non-sufficient funds (NSF), is addressed under Alaska Statutes Section 11.46.360 and can be considered a crime. The law recognizes that mistakes can happen, but it also provides for criminal penalties when a person intentionally writes a check knowing that there are not enough funds in the account, or if the account is closed. The severity of the offense can range from a misdemeanor to a felony, depending on the amount of the check and other circumstances. For a check to be considered fraudulent, the issuer must have knowledge that funds are insufficient at the time of writing the check. Additionally, if someone writes a check from one account with insufficient funds and deposits it into another account, then withdraws the funds before the check clears, this can also lead to criminal charges. The intent to defraud is a key element in these cases, and the state must prove that the person acted with the knowledge that the check would not be honored.