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 Dakota, writing a bad check, also known as a non-sufficient funds (NSF) check, can lead to criminal charges under certain circumstances. According to South Dakota Codified Laws (SDCL), specifically SDCL 22-6-2(5) and 22-6-1(7), the crime of writing a bad check occurs when a person, with the knowledge that there are insufficient funds, issues a check for payment. This also applies to checks written on an account that has been closed. The law recognizes that mistakes can happen, and not every NSF check will result in criminal charges. However, the state does not require the prosecutor to prove the exact balance in the account at the time the check was written; it is sufficient to show that the individual knew there were not enough funds to cover the check or that they acted with intent to defraud. Penalties for writing a bad check can range from a misdemeanor to a felony, depending on the amount of the check and other circumstances surrounding the offense.