Legally, what is the difference between someone accidentally bouncing a check and someone writing a 'bad' check? Is it the intent of paying vs not paying?

I think the element of intent must be present: "Often the courts can impose monetary penalties after a conviction for writing a bounced check (which must include a finding of intent to defraud)" http://www.consumerlaw.org/initiatives/test_and_comm/FDCPcheck_diversion.shtml I'm not a lawyer so please do read AB's disclaimer below.

The difference is the pattern of behavior.

Cyndi, a bad check is a bad check regardless of your actual intent. You have to show, beyond a reasonable doubt, that it was not intentional (which may not actually be the same as your intent...was that as clear as mud?). Even if you intended to pay, if you have a really bad history of bouncing checks, it wouldn't look good for you if someone decided to prosecute. So, I'd say that it's not about intent, but demonstrating that your intent was pure. But I'd be willing to say that if there are prosecutions, there's a greater chance of finding the innocent guilty (Type I error) than finding the guilty not guilty (Type II)...since the legal system states that we're all innocent until proven guilty.

I understand that accidentally bouncing a check as long as it is acknowledged and corrected is not a big deal.To do it intentionally is a form of fraud.

an accident means it happens but you quickly resolve the problem. Writing a bad check is when you keep doing it, with no resolution or future plans on making it right.

There is no difference.

Every crime has an intent requirement (except statutory rape). In the law, the intent is called mens rea. However, "intent" is defined in the law differently than most would expect. If you wrote a check because you thought there was money in the account, but made an innocent mistake, that is the same as if you wrote an intentionally bad check. This is because intent is defined as "known or should have known" in the law. However, if it was an innocent mistake and you corrected quickly, you would never get prosecuted. On the other hand, if there w=truly was no intent. For example, you wrote a check not knowing that you account was garnished, this would not be a crime. This is because you would have no way of knowing that the funds were not there.

people screw up joint accounts and mistakes are made due to poor book keeping but if one bounces a check and covers it quickly than no but if one dose it knowing that they do not have the funds to cover the chek than yes indeed they are stealing no diffrent than going into a store and taking it off the shelf and walking out thedoor without paying