Are there situations where a "Bad Check" may not be criminally prosecutable?
Yes. The following are situations where bad checks have been passed and do not constitute a crime. The remedy when accepting checks such as these is through the civil courts.
1. A stop payment check; unless fraud has been involved and can be conclusively proven.
2. A check issued to repay a loan.
3. A post-dated check or one bearing a current date in which the maker requests the payee to hold until a later date.
4. Out of state checks (though some exceptions are made).
5. Illegal debt (such as contraband or a gambling debt).
The mere fact that an individual passes a bad check does not necessarily constitute a crime. It must be shown beyond a reasonable doubt that there was intent to defraud at the time the check was passed.
