Intentionally Passing a “Bad Check” in California is Fraud, Plain and Simple
The next time you think you may not have enough funds in your account to clear a check, you should probably wait to write the check until you know that you do. If you innocently pass a bad check, you will likely be allowed to participate in a “bad check diversion” program. However, if prosecutors suspect that you intentionally passed a bad check…or just didn’t care enough to ensure that you had sufficient funds to cover the full amount of the check…they will likely charge you with violating Penal Code 476a PC California’s check fraud law.
Penal Code 476a PC California’s check fraud law prohibits intentionally passing a “bad check” with the intent to commit a fraud. If the amount of the check is $450 or less, the offense is a misdemeanor. If the check is written for more than $450, the offense is punishable by a misdemeanor or a felony, subjecting you to up to three years in the California state prison.
If you know that you don’t have sufficient funds, you can protect yourself from prosecution by post-dating the check or by telling the recipient that you currently don’t have the proper funds to cover the amount. Short of this, you face prosecution unless you can prove that the oversight was unintentional…a defense which may work once or twice, but certainly not more.
