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 Minnesota, writing a bad check, also known as issuing a dishonored check, is addressed under Minnesota Statutes Section 609.535. A person may be criminally liable if they issue a check knowing that they do not have sufficient funds in their account to cover the amount of the check, or if the account is closed. The statute covers situations where a person writes a check with the intent to defraud, which includes writing a check from one account and withdrawing the funds from another account before the check clears, as described in the scenario. The severity of the offense can range from a misdemeanor to a felony, depending on the amount of the check and other circumstances. It is important to note that not every instance of a bounced check will lead to criminal charges; the prosecutor must prove that the individual had the intent to defraud or knew that there were insufficient funds at the time the check was written. If convicted, penalties may include fines, restitution, and possibly imprisonment.