Unlawful receipt of public assistance benefits or EBT cards
It is against the law for someone to receive or use government assistance benefits or EBT cards that they were not approved to get. If the amount is under $750 and it is a first offense, it is a misdemeanor. If the amount is $750 or more, or the person has done it before, it becomes a felony. Someone convicted of a felony for this must spend at least 120 days in prison unless they pay back the full amount within 30 days of sentencing. On top of any criminal punishment, the person must pay back all the money to the state of Missouri, and probation does not end until that money is fully paid back.
Classifications stated in the statute. Actual outcomes vary.
570.400. receipt of or EBT cards — penalties. — 1. A person commits the of receiving public assistance benefits or EBT cards if he or she receives or uses the of public assistance benefits or EBT cards to which he or she is not lawfully entitled or for which he or she has not applied and been approved by the to receive.
2. The offense of unlawfully receiving public assistance benefits or EBT cards is a , unless the of the public assistance benefits or EBT cards is seven hundred fifty dollars or more or the person is of a second offense of unlawfully receiving public assistance benefits or EBT cards in an amount less than seven hundred fifty dollars, in which case it is a . Any person who is found guilty of a second or subsequent offense of unlawfully receiving public assistance benefits or EBT cards, or any person who is found guilty of an offense under this section and has previously been found guilty of two violations under sections 570.400 to 570.410, shall be guilty of a . Any person who is found guilty of felony unlawfully receiving of public assistance benefits or EBT cards shall serve not less than one hundred twenty days in the unless such person pays full to the state of Missouri within thirty days of the date of .
3. In addition to any criminal , any person found guilty of unlawfully receiving 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 for the offense shall be released from probation until full restitution has been paid.
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Source & history notes
(L. 1987 S.B. 259 § 2, A.L. 2002 H.B. 1888, A.L. 2013 S.B. 251, A.L. 2014 S.B. 491) Transferred 2014; formerly 578.377; Effective 1-01-17
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.