It depends on where you are trying to do this. Typically, you can:
$('#element').is(':checked');
or
$('#element')[0].checked;
or
$('#element').prop('checked');
or an older version of jquery (<1.6) that does not support prop, attr is used to perform the prop job, as well as to set / reset the properties of the element. (The inclusion of autonomous attributes, such as marked, selected, disabled, etc ...);
$('#element').attr('checked')
If this is in the context of the flag, for example, if in the event changeyou can simply do:
this.checked
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