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 South Carolina, writing a bad check, also known as issuing a fraudulent check or a check with non-sufficient funds (NSF), is considered a crime under state law. The South Carolina Code of Laws addresses this issue primarily in Title 34 - Banking, Financial Institutions and Money, Chapter 11, specifically sections 34-11-60 and 34-11-70. A person commits this offense when they knowingly write a check for an amount of funds that are not available in their account, or on an account that has been closed. The law also covers situations where an individual writes a check with insufficient funds and then withdraws the money from another account before the check clears. While accidental overdrafts may not always lead to criminal charges, South Carolina law does not require proof of the exact account balance at the time the check was written to establish criminal intent. Instead, the focus is on whether the individual knew there were insufficient funds at the time of writing the check. Penalties for writing bad checks can range from fines to imprisonment, depending on the amount of the check and other circumstances surrounding the offense.