Effective - 01 Jan 2017
570.404. Unlawful transfer of public assistance benefits or EBT cards — penalties. — 1. A person commits the offense of unlawful transfer of public assistance benefits or EBT cards if he or she knowingly transfers public assistance benefits or EBT cards to another not lawfully entitled or approved by the department of social services to receive the public assistance benefits or EBT cards.
2. The offense of unlawful transfer of public assistance benefits or EBT cards is a class A misdemeanor, unless the face value of the public assistance benefits or EBT cards is seven hundred fifty dollars or more or the person is found guilty of a second offense of unlawful transfer of public assistance benefits or EBT cards in an amount less than seven hundred fifty dollars, in which case it is a class E felony. Any person who is found guilty of a second or subsequent offense of felony unlawful transfer of public assistance benefits, or any person who is found guilty of an offense under this section and has been found guilty of two or more violations under sections 570.400 to 570.410, shall be guilty of a class D felony. Any person who is found guilty of felony unlawful transfer of public assistance benefits or EBT cards shall serve not less than one hundred twenty days in the department of corrections unless such person pays full restitution to the state of Missouri within thirty days of the date of execution of sentence.
3. In addition to any criminal penalty, any person found guilty of unlawful transfer of public assistance benefits or EBT cards shall pay full restitution to the state of Missouri for the total amount of moneys converted. No person placed on probation for the offense shall be released from probation until full restitution has been paid.
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(L. 1987 S.B. 259 § 4, A.L. 2002 H.B. 1888, A.L. 2013 H.B. 175 merged with H.B. 1035 merged with S.B. 248, A.L. 2013 S.B. 251, A.L. 2014 S.B. 491)
Transferred 2014; formerly 578.381; Effective 1-01-17
Structure Missouri Revised Statutes
Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders
Chapter 570 - Robbery, Stealing and Related Offenses
Section 570.010 - Chapter definitions.
Section 570.020 - Determination of value.
Section 570.023 - Robbery in the first degree — penalty.
Section 570.025 - Robbery in the second degree — penalty.
Section 570.027 - Vehicle hijacking, offense of — penalties.
Section 570.030 - Stealing — penalties.
Section 570.039 - Cable television services, appropriation of — not stealing, when.
Section 570.053 - Feigned blindness — penalty.
Section 570.060 - Lost property.
Section 570.070 - Claim of right.
Section 570.090 - Forgery — penalty.
Section 570.100 - Possession of a forging instrumentality — penalty.
Section 570.103 - Crime of counterfeiting, definitions — penalty.
Section 570.105 - Seizure and forfeiture of counterfeit property.
Section 570.110 - Issuing a false instrument or certificate — penalty.
Section 570.125 - Fraudulently stopping payment on an instrument — penalties.
Section 570.130 - Fraudulent use of a credit device or debit device — penalty.
Section 570.140 - Deceptive business practice — penalty.
Section 570.150 - Commercial bribery — penalty.
Section 570.180 - Defrauding secured creditors — penalty.
Section 570.210 - Library theft, guilty of stealing.
Section 570.217 - Misapplication of funds of a financial institution — penalties.
Section 570.220 - Check kiting — collected funds defined — penalty.
Section 570.224 - Trafficking in stolen identities — possession of documents, exemptions — penalty.
Section 570.225 - Misappropriation of intellectual property — penalty — definitions.
Section 570.300 - Facilitating the theft of cable television service — penalty.
Section 570.310 - Mortgage fraud — penalty — venue.
Section 570.380 - Mass manufacture or possession of five or more fake IDs — penalty.
Section 570.400 - Unlawful receipt of public assistance benefits or EBT cards — penalties.
Section 570.402 - Conversion of public assistance benefits or EBT cards — penalties.
Section 570.404 - Unlawful transfer of public assistance benefits or EBT cards — penalties.
Section 570.406 - Single criminal episode, when.
Section 570.408 - Perjury for the purpose of obtaining public assistance — penalty.