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 Florida, writing a bad check, also known as issuing a check with non-sufficient funds (NSF), is a criminal offense under Florida Statute 832.05. This statute covers situations where a person knowingly issues a check without sufficient funds in their account or on an account that has been closed. The law also applies to the scheme of writing a check for more than the account balance, depositing it into a second account, and withdrawing the funds before the check clears. While occasional mistakes can happen, Florida law considers the act of knowingly writing a bad check as intent to defraud. The severity of the charges can range from a misdemeanor for smaller amounts to a felony for larger amounts. To prove the crime, the prosecutor must show that the individual had knowledge that the funds were insufficient at the time the check was written, which can be inferred from circumstances such as a history of writing bad checks or failing to make arrangements to cover the check after being notified of its dishonor.