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RSMo 570.402effective 01 Jan 2017

Conversion of public assistance benefits or EBT cards

In plain English

This law is about misusing government food or cash assistance benefits or EBT cards. If someone trades or swaps those benefits in a way that breaks state or federal rules, that is a crime. A small amount (under $750) is a lesser crime, but $750 or more — or doing it again — makes it a more serious crime. Someone convicted of the more serious version must spend at least 120 days in prison unless they pay back the full amount within 30 days. On top of jail or prison, anyone found guilty must pay back all the money to the state of Missouri, and probation does not end until that money is fully paid.

Penalties named in this law
class A misdemeanorup to 1 year in jail
class E felonyup to 4 years in prison
class D felonyup to 7 years in prison

Classifications stated in the statute. Actual outcomes vary.

Word-for-word law

570.402. of or EBT cards — penalties. — 1. A person commits the of conversion of public assistance benefits or EBT cards if he or she engages in any transaction to convert public assistance benefits or EBT cards to other property contrary to statutes, , either state or federal, governing the use of public assistance benefits.

2. The offense of conversion of 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 unlawful conversion of 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 unlawful conversion of 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 or more violations under sections 570.400 to 570.410, shall be guilty of a . Any person who is found guilty of felony unlawful conversion 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 unlawful conversion 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 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 § 3, A.L. 2002 H.B. 1888, A.L. 2013 S.B. 251, A.L. 2014 S.B. 491) Transferred 2014; formerly 578.379; Effective 1-01-17

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Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.

RSMo 570.402: Conversion of public assistance benefits or EBT cards | KnowMo Laws