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 Oregon, writing a bad check, also known as issuing a check with non-sufficient funds (NSF), is addressed under Oregon Revised Statutes (ORS) 30.701 to 30.750, and criminal penalties are outlined in ORS 165.065 and 165.800. A person commits the crime of issuing a bad check when they write a check knowing that there are insufficient funds in their account, or if the account is closed. The intent to defraud is a key element of the crime. If the check amount is less than $1,000, it is typically treated as a misdemeanor, while checks of $1,000 or more can be prosecuted as a felony. Oregon law recognizes that mistakes can happen, and not every NSF check will lead to criminal charges. However, the law does not require the prosecutor to prove the exact balance in the account at the time the check was written, only that the individual knew the funds were insufficient. To avoid criminal liability, it is important for individuals to manage their accounts responsibly and ensure they have sufficient funds before issuing checks.