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 Mississippi, writing a bad check, also known as a non-sufficient funds (NSF) check, is considered a criminal offense under the Mississippi Code of 1972. According to Section 97-19-55, if a person writes a check knowing that there are insufficient funds in their account, or if the account is closed, they can be charged with a misdemeanor or felony, depending on the amount of the check. For checks less than $100, the offense is a misdemeanor, while checks of $100 or more can be classified as a felony. The law also covers situations where a person writes a check with insufficient funds and then withdraws the money from another account before the check clears. While not every instance of a bounced check is prosecuted, Mississippi law does not require the prosecutor to prove the exact balance in the defendant's account at the time the check was written, only that the defendant was aware that the funds were insufficient. Penalties for writing bad checks can include fines, restitution, and possible jail time.