Missouri Laws 570.404 – Unlawful transfer of public assistance benefits or EBT cards — penalties
1. A person commits the offense of unlawful transfer of public assistance benefits or EBT cards if he or she knowingly transfers public assistance benefits or EBT cards to another not lawfully entitled or approved by the department 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 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 unlawful transfer of 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 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 class D felony. 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 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 570.404
- 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.
- Services: includes transportation, telephone, electricity, gas, water, or other public service, cable television service, video service, voice over internet protocol service, or internet service, accommodation in hotels, restaurants or elsewhere, admission to exhibitions and use of vehicles. See Missouri Laws 570.010
- 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 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 probation for the offense shall be released from probation until full restitution has been paid.