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 Virginia, writing a bad check, also known as issuing a check with non-sufficient funds (NSF), is considered a crime under the Virginia Code. The law distinguishes between checks written for amounts less than $500, which are generally treated as misdemeanors, and those written for $500 or more, which are treated as felonies. The specific statutes addressing bad checks are found in Sections 18.2-181 and 18.2-182 of the Virginia Code. A person commits the offense if they write a check knowing 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, and the Commonwealth must prove that the individual knew the check would not be honored at the time it was written. However, Virginia law does provide a presumption of intent to defraud if the check is not honored by the bank and the issuer fails to make good on the check within five days of receiving notice. While accidental overdrafts may not lead to criminal charges, repeated incidents or patterns of behavior suggesting intent to defraud can result in prosecution. Penalties for writing bad checks can include fines, restitution, and possible jail time, depending on the amount of the check and the circumstances of the offense.