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 Wisconsin, writing a bad check, also known as issuing a worthless check, is considered a criminal offense under Wisconsin Statutes section 943.24. The law covers situations where a person writes a check knowing that there are insufficient funds in their account, or the account is closed. The severity of the offense can range from a misdemeanor to a felony, depending on the amount of the check. For checks less than $2,500, the offense is typically a misdemeanor, while checks of $2,500 or more may be charged as a felony. The intent to defraud is a key element of the crime, and the state must prove that the person knew there were insufficient funds at the time the check was written. However, Wisconsin law presumes that if a check is dishonored and the issuer fails to make good on the check within 5 days of receiving notice, there was an intent to defraud. Repeat offenses can lead to more severe penalties. It's important to note that not every instance of a bounced check will lead to criminal charges, as the circumstances and the individual's intent are taken into account.