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 Louisiana, writing a bad check, also known as issuing a worthless check, is considered a crime under Louisiana Revised Statutes 14:71.1. The law covers situations where a person knowingly issues a check without sufficient funds, as well as writing checks on a closed account. The intent to defraud is a key element of the crime. If the amount of the check is less than $1,000, the offense is generally treated as a misdemeanor. However, if the amount is $1,000 or more, it is considered a felony. Additionally, if an individual writes a check for more than the available funds and then withdraws money from a second account before the check clears, this can also lead to criminal charges. While accidental overdrafts may not always lead to prosecution, repeated incidents or evidence of intent to defraud can result in criminal charges. It is important for individuals to manage their bank accounts responsibly to avoid potential legal consequences associated with writing bad checks.