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 West Virginia, writing a bad check, also known as issuing a worthless check, is considered a criminal offense under West Virginia Code §61-3-39. The law stipulates that it is illegal to knowingly issue a check when there are insufficient funds in the account, or if the account is closed. The severity of the offense can range from a misdemeanor to a felony, depending on the amount of the check and other circumstances. For checks less than $500, the offense is typically a misdemeanor, while checks of $500 or more may be treated as a felony. Additionally, the law provides that the mere fact of issuing a check that is returned for insufficient funds or on a closed account can create a presumption of intent to defraud. However, if a person can demonstrate that they had a reasonable expectation that the funds would be available, they may have a defense against the charges. It's important for individuals to understand that even if the act was not intentional, they could still face legal consequences if they do not promptly address the matter by covering the check amount plus any fees or by making arrangements with the payee.