New York statute
N.Y. Penal Law § 190.05 — Issuing a bad check
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 190: Other Frauds, New York Penal Law.
Criminal charges under this statute
Full text of N.Y. Penal Law § 190.05
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
190.05 Issuing a bad check.
A person is guilty of issuing a bad check when:
1. (a) As a drawer or representative drawer, he utters a check knowing
that he or his principal, as the case may be, does not then have
sufficient funds with the drawee to cover it, and (b) he intends or
believes at the time of utterance that payment will be refused by the
drawee upon presentation, and (c) payment is refused by the drawee upon
presentation; or
2. (a) He passes a check knowing that the drawer thereof does not then
have sufficient funds with the drawee to cover it, and (b) he intends or
believes at the time the check is passed that payment will be refused by
the drawee upon presentation, and (c) payment is refused by the drawee
upon presentation.
Issuing a bad check is a class B misdemeanor.
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