FIRST REGULAR SESSION
[PERFECTED]
SENATE SUBSTITUTE FOR
SENATE COMMITTEE SUBSTITUTE FOR
SENATE BILL NO. 98
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR CRAWFORD.
0678S.04P 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 , the 1
following terms mean: 2
(1) "Financial institution", includes any financial 3
institution as defined in Section 570.010 as well as a 4
broker or mutual fund company; 5
(2) "Financial institution account", includes any 6
deposit account, brokera ge account, or mutual funds account. 7
2. Any person commits the offense of financial 8
institution accounts fraud if that person uses any false or 9
fraudulent pretenses, representations, or promises, or any 10
physical device, any electronic device or me ans of any kind, 11
or any fraudulent scheme or coercion to cause moneys to be 12
withdrawn or taken from a financial institution or a 13
customer account at a financial institution or to cause 14 SS SCS SB 98 2
moneys 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
institution or the financial institution's customer of the 18
custody or control of the moneys. 19
3. The offense of financial institution accounts fraud 20
is a class B misdemeanor if the fraud amount is less than 21
five hundred dollars. 22
4. The offense of financial institution accounts fraud 23
shall be as follows if the fraud amount is five hundred 24
dollars or more: 25
(1) If a person acts with criminal neglige nce, the 26
offense of financial institution accounts fraud is a class E 27
felony. 28
(2) If a person acts recklessly, the offense of 29
financial institution accounts fraud is a class D felony. 30
(3) If a person acts knowingly, the offense of 31
financial institution accounts fraud is a class C felony. 32
(4) If a person acts purposefully, the offense of 33
financial institution accounts fraud is a class B felony. 34
5. A prosecutor may charge alternative offenses under 35
this chapter, provided no perso n shall be convicted under 36
this section and another section related to the same theft 37
of moneys. 38