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 Arkansas, writing a bad check, also known as a non-sufficient funds (NSF) check, can lead to criminal charges under certain circumstances. Arkansas law considers it a crime to knowingly write a check when there are insufficient funds in the account, or to write a check on an account that is closed. The law also covers situations where a person writes a check for more than the account balance, deposits it into a second account, and withdraws the funds before the check clears. While not every instance of a bounced check is treated as a crime, Arkansas statutes provide that a person can be presumed to have knowledge of insufficient funds if they have insufficient funds within the account at the time of check issuance or if they fail to pay the amount of the check within a specified period after receiving notice that the check has been dishonored. The specific statutes detailing the offense and its penalties can be found in the Arkansas Code under Title 5 - Criminal Offenses, Chapter 37 - Fraudulent Practices, which outlines the elements of the offense and the potential consequences, which may include fines and imprisonment.