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 Vermont, writing a bad check, also known as issuing a check with non-sufficient funds (NSF), is considered a criminal offense under certain circumstances. Vermont statutes define the crime of writing a bad check under Title 13, Chapter 57, which includes issuing a check knowing there are insufficient funds in the account, or on an account that has been closed. The law also covers the act of writing a check with the intent to defraud, such as writing a check for more funds than are in the account and then withdrawing the money from a second account before the check clears. While accidental overdrafts may not lead to criminal charges, Vermont law does not require proof of the exact account balance at the time the check was written to establish intent or knowledge. Instead, the focus is on whether the individual knew there were insufficient funds and intended to defraud. Penalties for writing bad checks can include fines and imprisonment, and the severity typically depends on the amount of the check and the circumstances of the offense. Individuals facing charges for writing a bad check in Vermont should consult with an attorney to understand their legal options and defenses.