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 Alabama, writing a bad check, also known as a non-sufficient funds (NSF) check, is considered a criminal offense under the state's penal code. This includes knowingly writing a check when there are insufficient funds in the account, writing a check on a closed account, or engaging in a scheme where a check is written for more than the account balance, deposited into a second account, and the funds are withdrawn before the check clears. While not every instance of an NSF check will lead to criminal charges, as mistakes can happen, Alabama law does not require the prosecutor to prove the exact knowledge of the account balance at the time the check was written. Instead, it is sufficient to show that the individual had the intent or knowledge that the funds were insufficient when issuing the check. The specific statutes that address bad checks in Alabama outline the penalties and the presumption of intent that may arise under certain circumstances, such as when a check is not honored by the bank and the individual fails to make good on the payment within a specified time after receiving notice.