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In several states the law provides for fines and or imprisonment, but does not specify if the crime is misdemeanor or felony.
In some states there is a criminal offense only when the bad check is given in exchange for property or for a present consideration.
The tenant may know that he or she will not have the money in time, the check could have a stop-payment placed on it, or the check may bounce.
While there are differences among the states as to how bad checks are viewed (whether a misdemeanor or a felony) and the remedies available to holders of the bad check against the drawer, there are several general factors that run through the majority of state laws: In all states the maker of a check, who tenders a check knowing there is insufficient funds or credit behind the check may be guilty of a crime and may be subject to civil penalties.
Make no mistake about it, writing bad checks is always illegal.