Any person who, with intent to defraud, shall make or draw or utter or deliver any check, draft, or order for the payment of money, upon any bank, banking institution, trust company, or other depository, knowing, at the time of such making, drawing, uttering or delivering, that the maker or drawer has not sufficient funds in, or credit with, such bank, banking institution, trust company, or other depository, for the payment of such check, draft or order, although no express representation is made in reference thereto, shall be guilty of larceny; and, if this check, draft, or order has a represented value of $1,000 or more, such person shall be guilty of a Class 6 felony. In cases in which such value is less than $1,000, the person shall be guilty of a Class 1 misdemeanor.
The word "credit" as used herein, shall be construed to mean any arrangement or understanding with the bank, trust company, or other depository for the payment of such check, draft or order.
Any person making, drawing, uttering or delivering any such check, draft or order in payment as a present consideration for goods or services for the purposes set out in this section shall be guilty as provided herein.
Code 1950, § 6.1-115; 1966, c. 584; 1975, cc. 14, 15; 1978, c. 791; 1981, c. 230; 2018, cc. 764, 765; 2020, cc. 89, 401.
Notes of Decisions
Cited in
47
cases (
2 in the last 5 years), 1977–2025 · leading case:
Foster v. Commonwealth, 606 S.E.2d 518 (Va. Ct. App. 2004).
Foster v. Commonwealth, 606 S.E.2d 518 (Va. Ct. App. 2004).
· cites it 64× “Wal-Mart did not obtain a warrant until fourteen months later.”
Bray v. Commonwealth, 388 S.E.2d 837 (Va. Ct. App. 1990).
· cites it 34× “The first is whether one can be convicted under the bad check law, Code § 18.2-181, for passing a worthless check in payment of a security deposit upon the rental of real estate.”
Sylvestre v. Commonwealth, 391 S.E.2d 336 (Va. Ct. App. 1990).
· cites it 36× “2-183, providing for an evidentiary presumption of fraudulent intent, was unconstitutionally applied to her because the Commonwealth's evidence showed that she never received the notice letter from the payee of the check.”
Moore v. Commonwealth, 722 S.E.2d 668 (Va. Ct. App. 2012).
· cites it 24× “On appeal, Moore contends that the trial court erred by (1) denying her motion to strike two of the three obtaining money by false pretenses charges pursuant to the single larceny doctrine where Moore simultaneously deposited three money orders, (2) granting the Commonwealth's…”
Payne v. Commonwealth, 281 S.E.2d 873 (Va. 1981).
· cites it 20× “This is an appeal from a conviction under the Virginia Bad Check Law, Code §§ 18.2-181 to -185 (Cum.Supp.1980).”
McGinnis v. Commonwealth, 821 S.E.2d 700 (Va. 2018).
· cites it 54× “McGinnis of three counts of larceny by worthless check, in violation of Va. Code § 18.2-181, as the evidence was insufficient as a matter of law.”
Snead v. Commonwealth, 400 S.E.2d 806 (Va. Ct. App. 1991).
· cites it 6× “Over the appellant’s objection, the Commonwealth introduced evidence that she had been convicted of uttering bad checks in violation of Code § 18.2-181 on December 5, 1979 and December 19, 1979.”
Guidry v. Clare, 442 F. Supp. 2d 282 (E.D. Va. 2006).
· cites it 3× “When Guidry failed to pay the debt owed to Cheer by the deadline, Clare filed a criminal complaint for misdemeanor larceny by check, in violation of Virginia Code § 18.2-181. In response to Clare’s complaint, Magistrate Judge David Burket, Jr.”
Foster v. Commonwealth, 623 S.E.2d 902 (Va. 2006).
· cites it 9× “Foster, on February 17, 2002 in violation of Code § 18.2-181, "did unlawfully . . . with the intent to defraud, make, draw, utter, or deliver a check .”
Steven Lawrence Sykes v. Commonwealth of Virginia, 593 S.E.2d 545 (Va. Ct. App. 2004).
· cites it 14× “Steven Lawrence Sykes was convicted in a bench trial of five felony counts of issuing bad checks, third or subsequent offense of larceny, in violation of Code §§ 18.2-181 and 18.2-104. On appeal, Sykes contends the trial court erred in applying Code § 18.”
Harris v. Commonwealth, 477 S.E.2d 3 (Va. Ct. App. 1996).
· cites it 8× “2-104, holding that the crime of "uttering a bad check" under Code § 18.2-181 and shoplifting under Code § 18.”
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