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What happens if I pass a bad check without knowing?

There are actually two issues at work with your friend passing a bad check. The fact that one may not know an act is a crime when it is (allegedly) committed is not a valid defense. However, in charging someone with a crime, the state must always must prove some type of “intent” to commit that crime. The most common standard used by courts is ‘intentional and knowing.’ This means that the state must prove that your friend meant to do the act which resulted the crime – check fraud in this instance.

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If I don’t know that something is against the law, how can I be charged with breaking the law?

You’ve heard the old adage: ignorance of the law is no defense. All citizens are charged with knowing the law. Probably the most common example of this is speed traps. When entering a new town, anyone driving through is expected to pay attention to posted speed limits—even the ones slightly obscured by overhanging branches. If you are clocked speeding by an officer, you can still be ticketed for a violation. The same is true for any scenario when you break the law—even though you may not exactly understand how you broke the law.

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