FIRST REGULAR SESSION
SENATE COMMITTEE SUBSTITUTE FOR
SENATE BILL NO. 98
103RD GENERAL ASSEMBLY
0678S.03C KRISTINA MARTIN, Secretary
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 1
one new section, to be known as section 570.148, to read as 2
follows:3
570.148. 1. For purposes of this section, a financial 1
institution includes any financial institution as defined in 2
section 570.010 as well as a broker or mutual fund company. 3
2. For purposes of this section, a financial 4
institution account includes any deposit account, brokerage 5
account, or mutual funds account. 6
3. Any person commits the offense of financi al 7
institution accounts fraud if that person accesses, uses, or 8
establishes an account at the financial institution and uses 9
any false or fraudulent pretenses, representations, or 10
promises, any physical device, any electronic device or 11
means of any kind, or any fraudulent scheme or coercion to 12
cause funds to be withdrawn or taken from a financial 13
institution or a customer account at a financial institution 14
or to cause funds to be transferred or paid by the financial 15
institution to another person or another financial 16
institution with the purpose to deprive the financial 17 SCS SB 98 2
institution or the financial institution's customer of the 18
custody or control of the funds. 19
4. The offense of financial institution accounts fraud 20
in any amount up to five h undred dollars is a class B 21
misdemeanor. 22
5. The offense of financial institution accounts fraud 23
shall be a class B felony if the person acts purposefully to 24
cause funds to be withdrawn or taken from a financial 25
institution or a customer account a nd the value of the 26
property is in any amount of five hundred dollars or more. 27
6. The offense of financial institution accounts fraud 28
is a class C felony if the person acts knowingly to cause 29
funds to be withdrawn or taken from a financial institu tion 30
or a customer account and the value of the property is in 31
any amount of five hundred dollars or more. 32
7. The offense of financial institution accounts fraud 33
is a class D felony if the person acts recklessly to cause 34
funds to be withdrawn or taken from a financial institution 35
or a customer account and the value of the property is in 36
any amount of five hundred dollars or more. 37
8. The offense of financial institution accounts fraud 38
is a class E felony if the person acts with criminal 39
negligence to cause funds to be withdrawn or taken from a 40
financial institution or a customer account and the value of 41
the property is in any amount of five hundred dollars or 42
more. 43
9. A prosecuting or circuit attorney may charge 44
alternative offenses under this chapter, provided no person 45
shall be convicted under this section and another section 46
related to the same theft of funds. 47