0678S.03C
1
SENATE COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 98
AN ACT
To amend chapter 570, RSMo, by adding thereto one new
section relating to the fraudulent use of accounts
with a financial institution, with penalty
provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 570, RSMo, is amended by adding thereto
one new section, to be known as section 570.148, to read as
follows:
570.148. 1. For purposes of this section, a financial
institution includes any financial institution as defined i n
section 570.010 as well as a broker or mutual fund company.
2. For purposes of this section, a financial
institution account includes any deposit account, brokerage
account, or mutual funds account.
3. Any person commits the offense of fin ancial
institution accounts fraud if that person accesses, uses, or
establishes an account at the financial institution and uses
any false or fraudulent pretenses, representations, or
promises, any physical device, any electronic device or
means of any kind, or any fraudulent scheme or coercion to
cause funds to be withdrawn or taken from a financial
institution or a customer account at a financial institution
or to cause funds to be transferred or paid by the financial
institution to another perso n or another financial
institution with the purpose to deprive the financial
institution or the financial institution's customer of the
custody or control of the funds.
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4. The offense of financial institution accounts fraud
in any amount up to fi ve hundred dollars is a class B
misdemeanor.
5. The offense of financial institution accounts fraud
shall be a class B felony if the person acts purposefully to
cause funds to be withdrawn or taken from a financial
institution or a customer accou nt and the value of the
property is in any amount of five hundred dollars or more.
6. The offense of financial institution accounts fraud
is a class C felony if the person acts knowingly to cause
funds to be withdrawn or taken from a financial ins titution
or a customer account and the value of the property is in
any amount of five hundred dollars or more.
7. The offense of financial institution accounts fraud
is a class D felony if the person acts recklessly to cause
funds to be withdrawn or taken from a financial institution
or a customer account and the value of the property is in
any amount of five hundred dollars or more.
8. The offense of financial institution accounts fraud
is a class E felony if the person acts with crimina l
negligence to cause funds to be withdrawn or taken from a
financial institution or a customer account and the value of
the property is in any amount of five hundred dollars or
more.
9. A prosecuting or circuit attorney may charge
alternative offenses under this chapter, provided no person
shall be convicted under this section and another section
related to the same theft of funds.