KRS 514.040 (Bad Checks): Theft by Deception with...

Bad Check Charges Under KRS 514.040

While Kentucky’s general theft by deception statute (KRS 514.040) covers bad checks, the specific application to insufficient funds checks creates its own body of law. People in Lexington and Louisville frequently face these charges from disputes over bounced checks.

What Constitutes a Bad Check Crime

Writing a check becomes criminal when, at the time of writing:

You knew there were insufficient funds
You knew the account was closed
You intended to defraud the recipient

Notice and Opportunity to Pay

Kentucky law often requires the recipient to provide notice and opportunity to make the check good before criminal charges are filed.

Penalties Based on Amount

Less than $500: Class A misdemeanor
$500-$1,000: Class A misdemeanor
$1,000+: Class D felony
$10,000+: Higher felonies

Defenses Available

You believed sufficient funds were available
Bank error caused insufficient funds
You attempted to make the check good
The recipient didn’t follow proper notice procedures
Check was post-dated as understood

Restitution Often Resolves Cases

Many bad check cases can be resolved by paying restitution. Clark + Harris works to negotiate these resolutions.

Call 859-474-0001 — 24/7.

Frequently Asked Questions

How soon should I contact Clark + Harris after being charged in Kentucky?

As soon as possible. Early representation protects your rights during questioning, preserves evidence, and often leads to better outcomes. Call 859-474-0001 — we respond promptly to new inquiries.

Does Clark + Harris represent clients throughout Kentucky?

Yes. We represent clients in all 120 Kentucky counties, both state District and Circuit courts, and federal courts in the Eastern and Western Districts of Kentucky.

What happens during a free consultation with Clark + Harris?

We review the specific charges and evidence, discuss available defenses, explain the likely process in the relevant court, and give you a clear roadmap of next steps — at no cost to you.

Related Resources

If this information applied to your situation, the following Clark + Harris guides may also be helpful:

KRS 514.040 (Bad Checks): Theft by Deception with Insufficient Funds