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

Passing a bad check with intent to defraud violates Nevada Revised Statutes § 205.130.

Depending on the amount and your record, the charge can be a misdemeanor or a felony. A check bouncing because of an honest mistake does not, by itself, establish check fraud.

Bad Check Penalties

• One check less than $1,200:  Generally a misdemeanor, carrying up to 6 months in jail and/or $1,000, plus restitution.
• Check(s) passed in 90 days totaling $1,200 or more:  Generally a category D felony, carrying 1 to 4 years in prison, up to $5,000, plus restitution.
• Repeat offenses:  After three misdemeanor bad check convictions, any new bad check violation is a category D felony, carrying 1 to 4 years in prison, up to $5,000, plus restitution.
• Wage checks: Willfully issuing a bad wage check for more than $1,200 is a gross misdemeanor, carrying up to 364 days in jail and/or $2,000 in fines, plus restitution.
• Casino markers: Unpaid casino markers are treated like bad checks.

Defenses and Payment Deadlines

• Five-day rule:  Paying the full check amount plus handling charges within five days after receiving notice of dishonor prevents one statutory presumption of fraud from arising.
• Repayment and diversion:  Eligible defendants may qualify for a program that avoids prosecution and requires restitution.
• Notices:  Clark County’s Bad Check Unit may withhold prosecution if you repay all funds within 10 days of its demand letter.

Note that passing a bad check exposes you to civil liability as well as criminal prosecution.¹

At Las Vegas Defense Group, we look beyond the returned check. We examine the bank records, notices, payment history, and what the recipient knew. Our goal is to challenge unsupported fraud allegations and pursue the best available path to avoiding a conviction.

In this article, our Las Vegas criminal defense attorneys address the following key issues regarding Nevada bad check laws:

• 1. Elements of NRS 205.130
• 2. Defenses
• 3. Criminal Penalties
• 4. Civil Liability
• 5. Record Seals
• 6. Immigration Consequences
• Frequently Asked Questions
• Additional Reading

1. Elements of NRS 205.130

For you to be convicted of ordinary check fraud under NRS 205.130(1), Nevada prosecutors must prove beyond a reasonable doubt these four elements:

1. You willfully drew or passed a check or draft; and
2. You did so to obtain money, valuable property, services, use of property, or credit from a licensed gaming establishment; and
3. You had insufficient money, property, or credit with the bank or other drawee to cover it when presented; and
4. You acted with intent to defraud, meaning an intent to cheat someone.

The wage check provision has different wording: NRS 205.130(3) requires willful issuance of a wage check exceeding $1,200 with knowledge of insufficient funds or credit.²

NRS 205.132 allows Nevada courts to presume you had fraudulent intent and knowledge of insufficient funds in specified situations, including:

• The check is drawn on an account that does not exist; or
• The bank refuses payment in the usual course of business, and you do not pay the holder the full amount plus handling charges within five days after receiving notice; or
• A refusal-of-payment notice sent by registered or certified mail to the address on the check is returned as undeliverable.

Fortunately, these presumptions can be challenged and rebutted.³ When we review a check-fraud allegation, we build a timeline of the transaction, bank activity, and notices. We look for evidence that explains the returned payment and undermines the claim that you intended to cheat anyone.

2. Defenses

Here at Las Vegas Defense Group, we have represented literally thousands of people charged with passing bad checks in violation of NRS 205.130. In our experience, the best approach depends on the check, the account records, and the communications surrounding the transaction.

Was the check stolen or forged?

You are not guilty of passing a fraudulent check merely because someone else used your name or account. Evidence of identity theft, a forged signature, or unauthorized access can show that you did not commit the charged act.

We look for signature differences, transaction records, and other evidence identifying who actually used the check. When appropriate, we work with a document examiner to help challenge the prosecution’s identification evidence.

Did you pay within five days after receiving notice?

Under NRS 205.132(1)(b), paying the holder the full amount plus handling charges within five days after receiving notice prevents the presumption based on dishonor and nonpayment from arising. However, it does not erase other evidence of fraud or the separate presumptions involving nonexistent accounts or undeliverable notices.⁴

We ask clients to save the notice, envelope, payment receipt, and bank confirmation. Those records can help us establish when the deadline began and whether the payment met the statute’s requirements.

Did you lack an intent to defraud?

An honest banking mistake may undermine an allegation of fraudulent intent. In casino marker cases, evidence that the casino actually knew you lacked sufficient funds when it issued the marker may also support a defense.⁵

We review bank statements, deposit records, credit arrangements, and communications with the recipient. We use that evidence to explain the transaction and challenge the state’s claim that an unpaid balance proves dishonesty.

Does a medical emergency help your defense?

Hospitalization or another emergency is not an automatic defense. It may matter if it helps explain a missed notice or supports other evidence that you lacked fraudulent intent. A later emergency does not erase fraud that already occurred.

We examine the timing carefully before relying on medical records. If the emergency does not defeat the charge, we may still use the circumstances when seeking a more favorable resolution.

Our approach is to test the state’s evidence before recommending any plea. We look for grounds to seek dismissal or reduced charges while also exploring repayment options that may protect your record.

3. Criminal Penalties

Nevada’s bad check penalties depend on the amount, qualifying prior convictions, and whether the special wage check provision applies. “Restitution” means repaying the victim’s loss.

Bad Check Circumstances	Potential Penalties in Nevada
Less than $1,200, without a qualifying repeat-offender enhancement	Misdemeanor:  up to 6 months in jail and/or $1,000 in fines, plus restitution.
A check or series of checks passed in Nevada totaling $1,200 or more within 90 days, subject to the wage check exception	Category D felony:  1 to 4 years in prison, a possible fine of up to $5,000, and restitution.
A new violation after three qualifying misdemeanor convictions under NRS 205.130 or similar offenses in Nevada, another state, or federal court	Category D felony, even if the new amount is under $1,200:  1 to 4 years in prison, a possible fine of up to $5,000, and restitution.
Willfully issuing a wage check for more than $1,200 while knowing there are insufficient funds or credit	Gross misdemeanor:  up to 364 days in jail and/or $2,000 in fines. The unpaid wage obligation remains; restitution may also be ordered.

The prison range above does not mean every felony defendant must serve prison time; probation may be available depending on the case and eligibility.⁶

Can repayment or diversion help you avoid a conviction?

Repayment does not automatically end a criminal case. However, Nevada authorizes restitution programs for eligible cases, and Clark County’s Bad Check Diversion Unit offers qualifying defendants a way to resolve cases without prosecution.

Participation may require restitution, fees, and other program conditions. A negotiated dismissal or plea bargain depends on the prosecutor’s agreement and the case’s facts.⁷

We seek clear written terms explaining what you must do and what happens when you complete them. If you cannot pay everything at once, we explore whether an affordable repayment arrangement can be negotiated.

What happens after a bad check notice?

Clark County’s filing instructions call for a written demand giving the check writer 10 days after mailing to pay before the complaint is submitted. A later D.A. notice may set its own response deadline.

Ignoring a notice can lead to review for criminal charges, but a missed payment deadline does not automatically trigger an arrest warrant.⁸

We tell clients to send us the entire notice, including the envelope, as soon as possible. We can identify the deadline, check whether a case has been filed, and work toward a response that protects your defense.

4. Civil Liability

NRS 41.620 can impose civil liability for a check drawn on a nonexistent account or without sufficient funds or credit. Subject to statutory exceptions, if the amount is not paid in cash within 30 days after a written demand is mailed by certified mail, the holder may recover:

• The amount of the check; and
• Additional damages equal to three times that amount, with a minimum of $100 and a maximum of $500.

For example, a qualifying $200 unpaid check can result in $500 in additional statutory damages, for a total of $700. NRS 41.620 itself does not automatically award attorney’s fees or court costs; those require another legal basis. This civil demand process is separate from the criminal five-day presumption rule.⁹

We review collection demands for the claimed amount, required notice, and credit for payments already made. When negotiating a resolution, we also check whether it addresses both the criminal case and any remaining civil claim.

5. Record Seals

Nevada generally allows you to petition to seal a bad check conviction after the applicable waiting period. The ordinary deadlines are:

Nevada Conviction	Record Seal Waiting Period
Category D felony	5 years after release from actual custody or discharge from parole or probation, whichever occurs later.
Gross misdemeanor	2 years after release from actual custody or discharge from probation, whichever occurs later.
Misdemeanor	1 year after release from actual custody or the end of a suspended sentence, whichever occurs later.

If the charge is dismissed, you can generally petition for sealing without a waiting period. Sealing is not automatic: you must qualify and obtain a court order. Learn more about sealing Nevada criminal records.¹⁰

6. Immigration Consequences

A fraud-based conviction can be a crime involving moral turpitude and may affect your ability to stay in or return to the United States. Deportation is not automatic in every bad check case. The exact conviction, possible sentence, immigration status, timing, and other convictions matter.¹¹

We tell noncitizen clients to raise immigration concerns before entering any plea. We work to identify a resolution that protects both the criminal case and immigration interests, with immigration counsel’s input when needed.

Frequently Asked Questions

Can I go to jail for an accidentally bounced check?

An accidentally bounced check does not by itself establish fraud under NRS 205.130(1). Prosecutors must prove the required intent, although they may rely on statutory presumptions when their conditions are met.

We ask clients to preserve bank statements, deposit confirmations, and messages about the payment. Those records can help show an honest mistake rather than an attempt to cheat someone.

When does a bad check become a felony in Nevada?

Generally, a check or series of checks passed in Nevada totaling $1,200 or more within 90 days can be a category D felony. Three qualifying prior misdemeanor bad check convictions can also elevate a new violation. A separate rule applies to certain wage checks exceeding $1,200.

We check the amounts, dates, and prior conviction records instead of accepting a felony allegation at face value. Errors in those details can affect the charge and the available options.

Will paying within five days get my charges dismissed?

Not automatically. Paying the full check amount plus handling charges within five days after receiving notice prevents the presumption under NRS 205.132(1)(b) from arising. Other presumptions or independent evidence of fraudulent intent may still support prosecution.

We review proof of receipt and payment to determine whether the rule applies. We then use that evidence when challenging the charge or seeking a favorable resolution.

Can I be charged over an unpaid Las Vegas casino marker?

Yes. Casino markers can be treated as checks under Nevada law, and an unpaid marker can lead to criminal charges when the required elements are established. The Clark County District Attorney’s Bad Check Unit handles casino marker cases.

We examine the credit application, markers, account records, and casino communications. We look for weaknesses in the fraud allegation while evaluating whether a negotiated repayment can help protect your record.

What if the casino knew I did not have enough money?

Evidence that the casino actually knew you lacked sufficient funds when it issued the marker may help negate intent to defraud under Zahavi v. State. It is not enough to argue that the casino could have checked your finances.

We look for messages, credit records, and other evidence of what casino staff knew. A documented disclosure can be far more useful than a general claim that the casino should have known.

Do I have 10 days before the DA can get an arrest warrant?

There is no universal 10-day protection against arrest. Clark County’s complaint process includes a 10-day demand letter, but that is different from the five-day statutory presumption rule and from any deadline in a later D.A. notice. A warrant requires court action.

We tell clients not to wait until the final day. Reviewing the actual notice promptly gives us more time to check the case status and respond.

Can I get a payment plan instead of a conviction?

A repayment arrangement or diversion program may be available, but eligibility and approval depend on the case. Making payments without an agreement does not guarantee that charges will be dropped.

We seek written terms that explain the payment schedule, fees, other conditions, and promised outcome. We also discuss whether the proposed payments are realistic before you commit.

Can I be sued as well as charged with a crime?

Yes. Civil collection and criminal prosecution are separate. Under NRS 41.620, qualifying nonpayment after a certified-mail demand and 30-day payment period can result in liability for the check amount plus additional damages of three times the check amount, limited to $100 to $500.

We review whether a proposed settlement resolves all claims or only one part of the dispute. That helps avoid paying under an agreement that leaves another case unresolved.

How long must I wait to seal my record?

The ordinary waiting periods are five years for a category D felony, two years for a gross misdemeanor, and one year for an ordinary misdemeanor. The clock generally runs from the applicable release or discharge date, not simply the conviction date. Dismissed charges generally have no waiting period to petition.

We review the court and supervision records before calculating eligibility. We also explain the petition process so you know what must happen before the record is sealed.

Additional Reading

For more information about bad check laws and enforcement:

• 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.

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Legal References