NRS § 205.130 – “Bad Checks” & “Check Fraud” in Nevada

Nevada Revised Statutes § 205.130 makes it a crime to commit check fraud, which is intentionally passing a bad check. Not paying back casino markers is a type of check fraud.

Passing one or more bad checks that amount to $1,200 or more in a 90-day period is a category D felony, carrying a sentence of one to four years in Nevada State Prison and a fine of up to $5,000, plus restitution. Though if the check was for the payment of wages, the D.A. will instead bring gross misdemeanor charges carrying:

• Up to 364 days in jail and/or up to $2,000 and
• Restitution.

Passing a bad check of less than $1,200 is generally a Nevada misdemeanor, carrying a potential penalty of up to six months in jail and/or a fine of $1,000, plus restitution. However, if you already have three prior misdemeanor bad check convictions, the next case will be charged as a category D felony carrying:

• 1 to 4 years in prison,
• Up to $5,000 in fines, and
• Restitution.

In this article, our Las Vegas criminal defense attorneys address everything you need to know about Nevada bad check laws. Scroll down for more.

1. Elements of NRS 205.130

For you to be convicted of check fraud in Nevada, prosecutors must prove beyond a reasonable doubt the following two elements:

1. You deliberately passed a check with insufficient money in the bank account; and
2. You had an intent to defraud.

However, courts presume you had an intent to defraud if the check bounced. The burden is then on you to show the court that you had no fraudulent intent.

We believe it is unconstitutional for the court to presume you had an intent to defraud. Unfortunately, the Nevada Supreme Court has consistently ruled in favor of the state whenever NRS 205.130 has been challenged.¹

2. Defenses

Here at Las Vegas Defense Group, we have represented literally thousands of people charged with check fraud. In our experience, the following three defenses have proven very effective with prosecutors, judges, and juries at getting NRS 205.130 charges reduced or dismissed.

1) You Were a Victim of Identity Theft

Checks are easy to steal, and signatures are simple to forge. An expert witness who specializes in counterfeits and forgeries may be able to show how someone other than you passed the bad check.

The prosecution should drop the charges once they determine that you were a victim of identity theft.

2) You Paid Within Five Days

If you make good on bounced checks within five days of being notified, you are no longer presumed to have the intent to defraud. If we can produce records showing that you paid within this grace period, the check fraud charges may be dismissed.²

In casino marker cases, casinos usually give marker-holders 10 days’ notice before filing a criminal complaint.

3) You Were Incapacitated

Emergency situations, such as being in the hospital, do not automatically exempt you from liability for check fraud. However, it weakens the presumption that you had an intent to defraud.

If we can show that you were ill or indisposed at the time the check bounced, it may act as leverage when negotiating with prosecutors.

3. Plea Bargains

Traditionally, Nevada D.A.s are willing to dismiss bad check cases if you pay back all the money. In some cases, they may agree to a plea bargain where you pay back the debt in monthly installments.

It is rare for the D.A. to agree to a deal where you pay back less than what you owe. This is typically only an option if you are seriously ill or permanently unable to work.

The Clark County District Attorney’s Office actually has an entire department called the Bad Check Unit devoted to prosecuting NRS 205.130 charges. This is due to the high volume of unpaid casino marker cases in Las Vegas.

4. Record Seals

The waiting period before you can petition Nevada courts to seal your bad check conviction from your criminal record depends on the class of crime, as the following table shows.

Bad Check Conviction in Nevada	Record Seal Wait-Time
Category D felony	5 years after the case ends
Gross misdemeanor	2 years after the case ends
Misdemeanor	1 year after the case ends

Note that if your case gets dismissed – meaning there is no conviction – then you can petition for a record seal immediately. Learn about how to seal Nevada criminal records.⁴

5. Immigration Consequences

Check fraud is a crime involving moral turpitude because of the “intent to defraud” element. Consequently, trying to pass a bad check is deportable.

Non-citizen defendants should consult with an attorney immediately to discuss their options for fighting the charges. It is possible to get NRS 205.130 charges dismissed as long as you pay back the debt, which may be the only way to avoid immigration court.

Frequently-Asked-Questions

What are the penalties for writing a bad check in Nevada?

The penalties vary based on the amount and the circumstances. For checks of $1,200 or higher within 90 days, it is a category D felony, carrying a sentence of 1 to 4 years in prison and fines of up to $5,000, plus restitution. For checks under $1,200, it is typically a misdemeanor with up to 6 months in jail and $1,000 in fines plus restitution.

How long must I wait to seal a bad check conviction from my record?

The waiting period depends on the conviction level: 5 years for a category D felony, 2 years for a gross misdemeanor, and 1 year for a misdemeanor. If your case was dismissed, you can petition for a record seal immediately.

What if I pay back the bad check amount within a few days?

If you make good on bounced checks within 5 days of being notified, you are no longer presumed to have the intent to defraud. This may result in the dismissal of check fraud charges.

Additional Reading

For more in-depth information, refer to these scholarly articles:

• The Inappropriateness of the Bad Checks Penalty – University of Michigan Public Law.
• Bad Checks Make Bad Law and Bad Policy – Air Force Law Review.
• Bad check diversion program collection letters may violate federal consumer protection laws – Journal of the National District Attorneys Association.
• Problems with Bad Checks in Bankruptcy – Business Law Review.
• Time to Close the Collection Agency: Addressing the Abuse of Bad Check Laws – Charleston Law Review.

---

Legal References