Larceny by check is charged under G.L. c. 266, § 37. It covers writing or passing a check you know won't be paid, with intent to defraud. A bounced check alone is not a crime. The Commonwealth has to prove what you knew and what you intended. District Court Instruction 8.460 sets out what must be proved beyond a reasonable doubt.
At a Glance: Larceny by Check
4 elements
check, something obtained, knowledge, intent to defraud
2 days
to pay in full after notice, which removes the statute's shortcut
$1,200
the value line between misdemeanor and felony larceny
Attempt
if nothing was obtained, the statute calls it attempted larceny
The law: G.L. c. 266, §§ 30 and 37; District Court Instruction 8.460
What the Law Says
Section 37 applies to anyone who, with intent to defraud, makes, draws, utters, or delivers a check, draft, or order for the payment of money on a bank or other depositary, knowing there are not enough funds or credit to pay it. No express statement about the account is required.
Attempted larceny: writing or passing the check with that intent and knowledge.
Larceny: the same, when money, property, or services are obtained by the check.
"Credit" means an arrangement or understanding with the bank to pay the check, such as a line of credit.
What the Commonwealth Must Prove
Under Instruction 8.460, the Commonwealth must prove four things beyond a reasonable doubt:
You wrote, cashed, passed, or delivered a check drawn on a bank account.
By doing so, you obtained money, property, or services.
At that time, you knew there were not enough funds or credit at the bank to cover the check.
You acted with intent to defraud the bank or someone who received the check.
If nothing was obtained, the statute allows a conviction for attempted larceny instead.
The Two-Day Rule
If the bank refuses to pay the check, the statute treats that refusal as prima facie evidence of both intent to defraud and knowledge of insufficient funds. In plain terms, the bounce itself counts as evidence against you.
That shortcut does not apply if the maker or drawer paid the holder the full amount due, plus all costs and protest fees, within two days after receiving notice that the check was not paid. Paying promptly matters.
Penalties
Section 37 defines the crime as larceny, so the larceny penalties in G.L. c. 266, § 30 apply:
Value over $1,200: up to 5 years in state prison, or a fine of up to $25,000 and up to 2 years in jail. Because it can be punished in state prison, this is a felony.
Value of $1,200 or less: up to 1 year in jail or a fine of up to $1,500.
Defenses
No knowledge: you believed the money was there, such as a deposit that hadn't posted, or an error by the bank.
Credit arrangement: an overdraft line or other understanding with the bank to pay the check.
No intent to defraud: a mistake or a timing problem, not a plan to cheat.
Prompt payment: full payment with costs within two days of notice takes away the prima facie inference.
Nothing obtained: without money, property, or services, the charge is at most an attempt.
Value: the Commonwealth must prove the amount to reach the higher penalty.
Why a Lawyer Matters
These cases often begin as business or payment disputes, and they turn on what you knew when the check was written. Early repayment and the right records can change the outcome. I have defended criminal cases for 23 years. If you have been charged with larceny by check, call 781-393-5900.
Related Charges
Forgery and uttering (G.L. c. 267, §§ 1 and 5): making, altering, or passing a false document such as a check.
Larceny by stealing (G.L. c. 266, § 30): taking another's property with intent to deprive them of it permanently.
Identity fraud (G.L. c. 266, § 37E): using another person's identifying information to obtain money or credit.
Shoplifting (G.L. c. 266, § 30A): taking merchandise from a store without paying.
Disclaimer
This information is for general educational purposes only and not legal advice. Laws change. For advice about a specific case, speak with a licensed Massachusetts attorney.
