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Check fraud is a serious offense and comes with very real legal consequences which vary by state. Depending on the severity of the crime, the amount that was defrauded, and the number of instances of fraud the perpetrator completed, check fraud can be either a misdemeanor or a felony.

But whether you'll face criminal penalties can depend on the laws in your state and if you cashed a bad check intentionally. If you are the victim of a scam and deposited a bad check in good faith, you're unlikely to face criminal charges. But if you knowingly deposited a check, you might face fines and jail time.

A bad check is also known as a hot check and writing one is illegal. Banks normally charge a fee to anyone who unintentionally writes a bad check. The punishment for trying to pass a bad check intentionally ranges from a misdemeanor to a felony.

PC 476 check fraud primarily deals with making, passing, or attempting to pass, , fictitious, or altered checks with intent to defraud somebody out of money or property. Penal Code 476a, primarily deals with real checks you pass, or attempt to pass, with insufficient funds.

When you write a check and there's not enough funds in your account when it's presented, this is considered non-sufficient funds (NSF). When a check is returned due to NSF, it's returned to the payee that deposited the check, at their bank. This allows them to redeposit the check at a later time, if available.

An overdraft occurs when you don't have enough money in your account to cover a transaction, and the bank or credit union pays for it anyway. Transactions include ATM withdrawals and debit card purchases as well as checks and ACH payments (such as online bill payments).