Crime of passing bad checks, penalty
Passing a bad check means writing or giving someone a check when a person knows there is not enough money in the account to cover it, or knows the account does not exist, and the person does not pay what is owed within 10 days after getting written notice that the check bounced. It is usually a misdemeanor, but becomes a more serious crime if the check is for $750 or more, or if no real account existed. Extra fees and costs can be charged on top of repaying the check amount.
Classifications stated in the statute. Actual outcomes vary.
570.120. Crime of passing bad checks, — given, when — handling costs, amount, in — use of fund — additional costs, amount — checks, , when — charge may be collected — of bad check to depositor by must be on condition that is identifiable. — 1. A person commits the of passing a bad check when he or she:
(1) With the , makes, issues or passes a check or other similar or any other form of presentment involving the transmission of account for the payment of money, knowing that it will not be paid by the , or that there is no such drawee; or
(2) Makes, issues, or passes a check or other similar sight order or any other form of presentment involving the transmission of account information for the payment of money, knowing that there are insufficient funds in or on deposit with that account for the payment of such check, sight order, or other form of presentment involving the transmission of account information in full and all other checks, sight orders, or other forms of presentment involving the transmission of account information upon such funds then outstanding, or that there is no such account or no drawee and fails to pay the check or sight order or other form of presentment involving the transmission of account information within ten days after receiving actual notice in writing that it has not been paid because of insufficient funds or with the drawee or because there is no such drawee.
2. As used in (2) of 1 of this section, "actual notice in writing" means notice of the nonpayment which is actually received by the . Such notice may include the service of or upon the defendant for the initiation of the of the check or checks which are the subject matter of the prosecution if the summons or warrant contains information of the ten-day period during which the may be paid and that payment of the instrument within such ten-day period will result in dismissal of the charges. The requirement of notice shall also be satisfied for written communications which are to the defendant and which the defendant refuses to accept.
3. The s of any bad checks passed one within any ten-day period may be in determining the grade of the offense.
4. The offense of passing bad checks is a , unless:
(1) The face amount of the check or sight order or the aggregated amounts is seven hundred fifty dollars or more; or
(2) The issuer had no account with the drawee or if there was no such drawee at the time the check or was issued,
5. In addition to all other costs and fees allowed by law, each or who takes any action pursuant to the of this section shall collect from the issuer in such action an administrative handling cost. The cost shall be twenty-five dollars for checks of less than one hundred dollars, and fifty dollars for checks of one hundred dollars but less than two hundred fifty dollars. For checks of two hundred fifty dollars or more an additional fee of ten percent of the face amount shall be assessed, with a maximum fee for administrative handling costs not to exceed seventy-five dollars total. the provisions of sections 50.525 to 50.745, the costs provided for in this subsection shall be deposited by the into the administrative handling cost fund, established under section 559.100. Notwithstanding any law to the contrary, in addition to the administrative handling cost, the prosecuting attorney or circuit attorney shall collect an additional cost of five dollars per check for deposit to the Missouri office of prosecution services fund established in subsection 2 of section 56.765. All moneys collected pursuant to this section which are payable to the Missouri office of prosecution services fund shall be transmitted at least monthly by the county treasurer to the who shall deposit the amount collected pursuant to the credit of the Missouri office of prosecution services fund under the procedure established pursuant to subsection 2 of section 56.765.
6. to the contrary:
(1) In addition to the administrative handling costs provided for in subsection 5 of this section, the prosecuting attorney or circuit attorney may collect from the issuer, in addition to the face amount of the check, a reasonable service charge, which along with the face amount of the check, shall be turned over to the to whom the bad check was issued;
(2) If a check that is or returned unpaid by a financial institution is not referred to the prosecuting attorney or circuit attorney for any action pursuant to the provisions of this section, the party to whom the check was issued, or his or her or , or a , may collect from the issuer, in addition to the face amount of the check, a reasonable service charge, not to exceed twenty-five dollars, plus an amount equal to the actual charge by the for the return of each unpaid or dishonored instrument.
7. When any financial institution returns a dishonored check to the person who deposited such check, it shall be in substantially the same physical condition as when deposited, or in such condition as to provide the person who deposited the check the information required to identify the person who wrote the check.
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Source & history notes
(L. 1977 S.B. 60, A.L. 1989 S.B. 310, A.L. 1992 S.B. 705, A.L. 1993 S.B. 180, A.L. 2001 H.B. 80, A.L. 2002 H.B. 1888, A.L. 2005 H.B. 353, A.L. 2013 H.B. 215, A.L. 2014 S.B. 491) Effective 1-01-17 Taxes paid with bad checks, penalty, 139.235
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.