Missouri Laws 570.400 – Unlawful receipt of public assistance benefits or EBT cards — penalties
1. A person commits the offense of unlawfully receiving public assistance benefits or EBT cards if he or she knowingly receives or uses the proceeds 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 department to receive.
2. The offense of unlawfully receiving 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 unlawfully receiving 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 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 class D felony. 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 department of corrections unless such person pays full restitution to the state of Missouri within thirty days of the date of execution of sentence.
Attorney's Note
Under the Missouri Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class D felony | up to 7 years | up to $10,000 |
| Class E felony | up to 4 years | up to $10,000 |
| Class A misdemeanor | up to 1 year | up to $2,000 |
Terms Used In Missouri Laws 570.400
- person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Public assistance benefits: anything of value, including money, food, EBT cards, food stamps, commodities, clothing, utilities, utilities payments, shelter, drugs and medicine, materials, goods, and any service including institutional care, medical care, dental care, child care, psychiatric and psychological service, rehabilitation instruction, training, transitional assistance, or counseling, received by or paid on behalf of any person under Missouri Laws 570.010
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- State: when applied to any of the United States, includes the District of Columbia and the territories, and the words "United States" includes such district and territories. See Missouri Laws 1.020
3. In addition to any criminal penalty, 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 probation for the offense shall be released from probation until full restitution has been paid.