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 Arizona, writing a bad check is considered a criminal offense under Arizona Revised Statutes § 13-1807. The law stipulates that a person commits issuing a bad check when they knowingly write a check for which there are insufficient funds in their account, or if the account has been closed. The intent to defraud is a key element of the crime. The statute also covers situations where an individual writes a check knowing that there are insufficient funds, and then withdraws the money from another account before the check is processed. The severity of the offense can range from a misdemeanor to a felony, depending on the amount of the check and other circumstances. It is important to note that not every case of a bounced check is treated as a criminal matter; the state recognizes that mistakes can happen. However, if there is evidence of intent to defraud, the issuer of the bad check may face criminal prosecution. Individuals facing such charges may benefit from consulting with an attorney to understand their legal rights and options.