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 Hawaii, writing a bad check, also known as a non-sufficient funds (NSF) check, can lead to criminal charges under certain circumstances. Hawaii Revised Statutes Section 708-835 outlines the offense of 'Theft by Deception,' which includes knowingly issuing a check when the issuer does not have sufficient funds in their account, or when the account is closed. The law considers the act of writing a check without sufficient funds as evidence of intent to defraud if the issuer fails to provide payment within a certain period after receiving notice that the check has been dishonored. The severity of the offense can range from a petty misdemeanor to a class C felony, depending on the amount of the check and other factors. It is important to note that not every instance of a bounced check will result in criminal charges, as the state recognizes that mistakes can happen. However, if there is evidence of intent or knowledge that the funds were insufficient at the time the check was written, criminal charges may be pursued.