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 North Dakota, writing a bad check, also known as issuing a check with insufficient funds (NSF), is addressed under North Dakota Century Code (NDCC) 6-08-16. A person commits this offense when they knowingly issue a check without sufficient funds in their account, or on an account that is closed, with the intent to defraud. This can also include 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 an NSF check will lead to criminal charges, as mistakes can happen, North Dakota law allows for criminal prosecution when there is evidence of intent to defraud. The severity of the charges can range from a misdemeanor to a felony, depending on the amount of the check and other circumstances surrounding the incident. It is not necessary for the prosecutor to prove the exact account balance at the time the check was written, only that the individual knew there were insufficient funds and intended to commit fraud.