Missouri 2025 Regular Session

Missouri Senate Bill SB98 Compare Versions

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22 FIRST REGULAR SESSION
3-[PERFECTED]
4-SENATE SUBSTITUTE FOR
53 SENATE COMMITTEE SUBSTITUTE FOR
64 SENATE BILL NO. 98
75 103RD GENERAL ASSEMBLY
8-INTRODUCED BY SENATOR CRAWFORD.
9-0678S.04P KRISTINA MARTIN, Secretary
6+0678S.03C KRISTINA MARTIN, Secretary
107 AN ACT
118 To amend chapter 570, RSMo, by adding thereto one new section relating to the fraudulent use of
129 accounts with a financial institution, with penalty provisions.
1310
1411 Be it enacted by the General Assembly of the State of Missouri, as follows:
1512 Section A. Chapter 570, RSMo, is amended by adding thereto 1
1613 one new section, to be known as section 570.148, to read as 2
1714 follows:3
18- 570.148. 1. For purposes of this section , the 1
19-following terms mean: 2
20- (1) "Financial institution", includes any financial 3
21-institution as defined in Section 570.010 as well as a 4
22-broker or mutual fund company; 5
23- (2) "Financial institution account", includes any 6
24-deposit account, brokera ge account, or mutual funds account. 7
25- 2. Any person commits the offense of financial 8
26-institution accounts fraud if that person uses any false or 9
27-fraudulent pretenses, representations, or promises, or any 10
28-physical device, any electronic device or me ans of any kind, 11
29-or any fraudulent scheme or coercion to cause moneys to be 12
30-withdrawn or taken from a financial institution or a 13
31-customer account at a financial institution or to cause 14 SS SCS SB 98 2
32-moneys to be transferred or paid by the financial 15
15+ 570.148. 1. For purposes of this section, a financial 1
16+institution includes any financial institution as defined in 2
17+section 570.010 as well as a broker or mutual fund company. 3
18+ 2. For purposes of this section, a financial 4
19+institution account includes any deposit account, brokerage 5
20+account, or mutual funds account. 6
21+ 3. Any person commits the offense of financi al 7
22+institution accounts fraud if that person accesses, uses, or 8
23+establishes an account at the financial institution and uses 9
24+any false or fraudulent pretenses, representations, or 10
25+promises, any physical device, any electronic device or 11
26+means of any kind, or any fraudulent scheme or coercion to 12
27+cause funds to be withdrawn or taken from a financial 13
28+institution or a customer account at a financial institution 14
29+or to cause funds to be transferred or paid by the financial 15
3330 institution to another person or another financial 16
34-institution with the purpose to deprive the financial 17
31+institution with the purpose to deprive the financial 17 SCS SB 98 2
3532 institution or the financial institution's customer of the 18
36-custody or control of the moneys. 19
37- 3. The offense of financial institution accounts fraud 20
38-is a class B misdemeanor if the fraud amount is less than 21
39-five hundred dollars. 22
40- 4. The offense of financial institution accounts fraud 23
41-shall be as follows if the fraud amount is five hundred 24
42-dollars or more: 25
43- (1) If a person acts with criminal neglige nce, the 26
44-offense of financial institution accounts fraud is a class E 27
45-felony. 28
46- (2) If a person acts recklessly, the offense of 29
47-financial institution accounts fraud is a class D felony. 30
48- (3) If a person acts knowingly, the offense of 31
49-financial institution accounts fraud is a class C felony. 32
50- (4) If a person acts purposefully, the offense of 33
51-financial institution accounts fraud is a class B felony. 34
52- 5. A prosecutor may charge alternative offenses under 35
53-this chapter, provided no perso n shall be convicted under 36
54-this section and another section related to the same theft 37
55-of moneys. 38
33+custody or control of the funds. 19
34+ 4. The offense of financial institution accounts fraud 20
35+in any amount up to five h undred dollars is a class B 21
36+misdemeanor. 22
37+ 5. The offense of financial institution accounts fraud 23
38+shall be a class B felony if the person acts purposefully to 24
39+cause funds to be withdrawn or taken from a financial 25
40+institution or a customer account a nd the value of the 26
41+property is in any amount of five hundred dollars or more. 27
42+ 6. The offense of financial institution accounts fraud 28
43+is a class C felony if the person acts knowingly to cause 29
44+funds to be withdrawn or taken from a financial institu tion 30
45+or a customer account and the value of the property is in 31
46+any amount of five hundred dollars or more. 32
47+ 7. The offense of financial institution accounts fraud 33
48+is a class D felony if the person acts recklessly to cause 34
49+funds to be withdrawn or taken from a financial institution 35
50+or a customer account and the value of the property is in 36
51+any amount of five hundred dollars or more. 37
52+ 8. The offense of financial institution accounts fraud 38
53+is a class E felony if the person acts with criminal 39
54+negligence to cause funds to be withdrawn or taken from a 40
55+financial institution or a customer account and the value of 41
56+the property is in any amount of five hundred dollars or 42
57+more. 43
58+ 9. A prosecuting or circuit attorney may charge 44
59+alternative offenses under this chapter, provided no person 45
60+shall be convicted under this section and another section 46
61+related to the same theft of funds. 47
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