Unlawful transfer of public assistance benefits or EBT cards
It is against the law to give away or sell food stamps, welfare benefits, or EBT cards to someone who is not approved to have them. If the benefits are worth less than $750, it is a smaller crime. If they are worth $750 or more, or if someone has done it before, it becomes a more serious crime. A person found guilty of the more serious crime must spend at least 120 days in prison unless they pay back all the money to the state within 30 days. On top of jail time, anyone found guilty must pay back every dollar of benefits that was transferred, and they cannot get off probation until that money is fully paid.
Classifications stated in the statute. Actual outcomes vary.
570.404. of or EBT cards — penalties. — 1. A person commits the of unlawful transfer of public assistance benefits or EBT cards if he or she transfers public assistance benefits or EBT cards to another not lawfully entitled or approved by the 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 , 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 transfer 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 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 . 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 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 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 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 § 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
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.