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 Iowa, writing a bad check, also known as issuing a check without sufficient funds (NSF), is addressed under Iowa Code Section 714.1(6). A person commits the offense if they issue a check knowing that there are not sufficient funds in the account, or if the account is closed. The severity of the crime can range from a simple misdemeanor for checks under $200 to a felony for checks of $1,000 or more. Additionally, if the act involves deception or an intent to defraud, it may lead to more serious charges under Iowa's theft statutes. It's important to note that while occasional mistakes may not lead to criminal charges, patterns of writing bad checks or evidence of intent to defraud can result in prosecution. In cases where there is a pattern or other evidence of fraud, the state does not necessarily have to prove the exact balance in the account at the time the check was written, only that the individual knew there were insufficient funds and intended to issue a bad check.