2014 Missouri Revised Statutes
TITLE XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS (556-600)
Chapter 578 Miscellaneous Offenses
Section 578.377 Until December 31, 2016--Unlawful receipt of public assistance benefits or EBT cards--grades of offense, penalty.

578.377. 1. A person commits the crime 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. Unlawfully receiving public assistance benefits or EBT cards is a class D felony unless the face value of the public assistance benefits or EBT cards is less than five hundred dollars, in which case unlawful receiving of public assistance benefits or EBT cards is a class A misdemeanor. A person who is found guilty of a second offense of unlawfully receiving public assistance benefits or EBT cards in an amount less than five hundred dollars shall be guilty of a class D felony. Any person who is found guilty of a second or subsequent offense of felony unlawfully receiving public assistance benefits or EBT cards shall be guilty of a class C 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.

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.

(L. 1987 S.B. 259 § 2, A.L. 2002 H.B. 1888, A.L. 2013 S.B. 251)

Transferred 2014; now 570.400; Effective 1-01-17