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Bad checks, a form of financial fraud where a check is drawn on an account with insufficient funds to cover the amount, can have serious legal consequences. Each state in the United States has its own laws regarding bad checks, including the thresholds for determining whether passing a bad check is a misdemeanor or a felony. Here's an overview of how different states handle bad check cases and the associated penalties:
In most states, the dollar amount represented by the bad check determines whether the crime of passing it is a misdemeanor or a felony. Additionally, the penalties for passing bad checks vary widely from state to state, with some states imposing fixed fees while others have a range of fees depending on factors like the amount of the check and whether it's a repeat offense.
For instance, in Colorado, writing a bad check can lead to a fee ranging from $100 to $500, with the possibility of revision to equal 20% of the check amount. In California, the fee for passing a bad check is at the discretion of the court, but typically it's $25 for the first offense and $35 for subsequent offenses. Similarly, in Florida, passing a bad check under $50 incurs a $25 fee, which rises to 5% for checks over $500.
In most states and situations, the dollar amount represented by the bad check determines whether the crime of passing it is a misdemeanor or a felony.
State | Misdemeanor Conditions | Felony Conditions | Service Fees (USD) | Service Fee Notes |
---|---|---|---|---|
Alabama | All Amounts | $30 | If bank charge is more than $30, fee amount rises to equal bank charge. | |
Alaska | <$500 | >$500 | $25 | |
Arizona | All amounts | $25 | Bank charge may be subbed for fee. | |
Arkansas | <$200 | >$200 | $25 | |
California | At discretion of court | All amounts | $25 | Fee is $25 for first check, $35 for each subsequent check. |
Colorado | $100 to $500 | >$500 | $30 | Fee may be revised to equal 20% of check amount. |
Connecticut | >$1,000 | >$1,000 | $30 | |
Delaware | <$1,500 | >$1,500 | $25 | |
Florida | <$50 | >$50 | $25 | Fee rises to 5% for checks of more than $500. |
Georgia | <$500 | >$500 | $25 | Fee rises to 5% for checks of more than $500. |
Hawaii | All amounts | $30 | ||
Idaho | All amounts | $20 | ||
Illinois | All amounts | >$150 if subsequent offense | $25 | Fee may instead be all costs, including attorneys fees. |
Indiana | All other amounts | >$2,500 if property acquired was a motor vehicle | $20 | Fee rises to 5% for checks of more than $400, up to a maximum fee of $250. |
Iowa | >$20 | >$20 | $20 | Fee rises to 5% for checks of more than $400. |
Kansas | <$500 | >$500 | $30 | |
Kentucky | <$3000 | >$300 | $25 | |
Louisiana | <$100 | >$100 | $25 | Fee rises to 5% for checks of more than $500. |
Maine | All Amounts | $25 | ||
Maryland | <$500 | >$500 | $35 | |
Massachusetts | <$100 | >$100 | $25 | |
Michigan | <$50 | >$50 | $25 | |
Minnesota | All amounts | $20 | For checks below $30, fee may be actual check amount instead. | |
Mississippi | <$100 | >$100 | $30 | |
Missouri | <$150 | >$150 | $20 | |
Montana | <$300 | >$300 | $30 | |
Nebraska | <$300 | >$300 | $30 | |
Nevada | <$100 | >$100 | $25 | |
New Hampshire | <$500 | >$500 | $30 | |
New Jersey | <$200 | >$200 | $20 | |
New Mexico | <$25 | >$25 | $20 | |
New York | All amounts | $20 | Fee may be lesser amount if contracted. | |
North Carolina | All amounts | >$2,000 | $20 | |
North Dakota | All amounts | May be felony if repeat offense | $20 | |
Ohio | <$150 | >$150 | $30 | Fee becomes 10% for checks over $300. |
Oklahoma | <$50 | >$50 | $30 | |
Oregon | <$75 | >$75 | $25 | |
Pennsylvania | <$75,000 | >$75,000 | $25 | Fee provided that prior written notice was given at time check was issued. |
Rhode Island | <$100 | >$100 | $25 | |
South Carolina | All amounts | $25 | ||
South Dakota | <$500 | >$500 | $30 | |
Tennessee | <$100 | >$100 | $20 | |
Texas | All amounts | $25 | ||
Utah | <$300 | >$300 | $20 | |
Vermont | All amounts | $25 | ||
Virginia | <$200 | >$200 | $25 | |
Washington | <$250 | ->$250 | $30 | |
West Virginia | <$500 | >$500 | $10 | |
Wisconsin | <$1,000 | >$1,000 | $30 | |
Wyoming | <$500 | >$500 | $30 |