Penal Law § 190.00

Issuing a bad check; definitions of terms · as in force on May 31, 2026

§ 190.00 Issuing a bad check; definitions of terms.

The following definitions are applicable to this article:

1. "Check" means any check, draft or similar sight order for the payment of money which is not post-dated with respect to the time of utterance.

2. "Drawer" of a check means a person whose name appears thereon as the primary obligor, whether the actual signature be that of himself or of a person purportedly authorized to draw the check in his behalf.

3. "Representative drawer" means a person who signs a check as drawer in a representative capacity or as agent of the person whose name appears thereon as the principal drawer or obligor.

4. "Utter." A person "utters" a check when, as a drawer or representative drawer thereof, he delivers it or causes it to be delivered to a person who thereby acquires a right against the drawer with respect to such check. One who draws a check with intent that it be so delivered is deemed to have uttered it if the delivery occurs.

5. "Pass." A person "passes" a check when, being a payee, holder or bearer of a check which previously has been or purports to have been drawn and uttered by another, he delivers it, for a purpose other than collection, to a third person who thereby acquires a right with respect thereto.

6. "Funds" means money or credit.

7. "Insufficient funds." A drawer has "insufficient funds" with a drawee to cover a check when he has no funds or account whatever, or funds in an amount less than that of the check; and a check dishonored for "no account" shall also be deemed to have been dishonored for "insufficient funds."

Official sourcehttps://www.nysenate.gov/legislation/laws/PEN/190.00

In plain English

For bad-check offenses:

(1) a check is a check, draft or similar sight order for payment of money that is not post-dated relative to the time of utterance.
(2) the drawer is the person named on the check as primary obligor, whether the actual signature is that person's own or that of someone purportedly authorized to sign for them.
(3) a representative drawer signs as drawer in a representative capacity or as agent of the named principal drawer.
(4) to utter is for a drawer or representative drawer to deliver the check, or cause it to be delivered, to someone who thereby acquires a right against the drawer; drawing a check intending such delivery counts as uttering if the delivery occurs. ★
(5) to pass is for a payee, holder or bearer of a check drawn and uttered (or purportedly so) by another to deliver it, for a purpose other than collection, to a third person who thereby acquires a right in it.
(6) funds means money or credit.
(7) insufficient funds means no funds or account at all, or funds less than the check amount; a check dishonored for "no account" is deemed dishonored for insufficient funds.

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 4 — The Court Clerk: Penal Law; Volume 1 — The Court Officer in Plain English; Volume 3 — The Court Officer: Penal Law; Volume 3 — Your Career: Penal Law in Plain English.