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 New Hampshire, writing a bad check, also known as issuing a non-sufficient funds (NSF) check, is addressed under the state's criminal statutes. A person commits a crime if they knowingly write a check without sufficient funds in their account, or on an account that has been closed. This also includes writing a check from one account with insufficient funds, depositing it into another account, and withdrawing the funds before the check clears. New Hampshire law recognizes that not every instance of a bounced check is intentional and therefore does not automatically lead to criminal charges. However, the state's legal framework allows for a broad interpretation of the intent to defraud. A prosecutor does not need to prove that the individual knew the exact balance in their account at the time of writing the check, only that they were aware that the funds were insufficient, which can be inferred from the circumstances. The severity of the offense and the penalties involved can vary based on the amount of the check and other factors.