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 Nebraska, writing a bad check, also known as issuing a non-sufficient funds (NSF) check, is addressed under the state's criminal statutes. According to Nebraska Revised Statute 28-611, it is illegal to issue a check when a person knows that they do not have sufficient funds in their account to cover the amount of the check. This also applies to cases where the account has been closed. The law presumes that the issuer knew the check would not be paid if they had insufficient funds at the time of issuance or if the check is refused payment by the bank within 30 days after issuance. The severity of the offense can range from a misdemeanor to a felony, depending on the amount of the check. For checks of $500 or less, it is considered a Class II misdemeanor, while larger amounts can lead to more serious charges. Additionally, if the act is part of a scheme to defraud, such as writing a check from one account and quickly withdrawing funds from another before the check clears, this could also result in criminal charges. It is important to note that not every instance of a bounced check will lead to criminal charges, as the intent to defraud must be established. However, Nebraska law does provide a broad definition of the knowledge or intent required for a bad check offense, and a prosecutor does not need to prove the exact balance in the account at the time the check was written to establish that the defendant knowingly or deliberately wrote a bad check.