EBT Misuse Penalties
Penalties for Unlawful Receiving, Conversion, or
Transfer of Public Assistance or EBT Cards
As of August 28, 2013, the following are criminal offenses:
- UNLAWFULLY RECEIVING
- Individual knowingly receives or uses the proceeds of public assistance or EBT card to which individual is not lawfully entitled, or for which individual has not applied and been approved to receive
- UNLAWFUL CONVERSION
- Individual knowingly engages in a transaction to convert public assistance benefits or EBT cards to other property contrary to state of federal statues, rules, and regulations
- UNLAWFUL TRANSFER
- Individual knowingly transfers public assistance benefits or EBT cards to another not lawfully entitled or approved to receive
Any person found guilty of such offenses shall be guilty of:
- CLASS A Misdemeanor when value of benefits or EBT cards is less than $500
- CLASS D Felony when value is $500 or more
- CLASS D Felony for second offense when value is less than $500
- CLASS C Felony for second or subsequent felony offenses
If guilty of felony offenses: Required to serve not less than 120 days in Missouri Department of Corrections unless full restitution is paid to the state of Missouri within 30 days of execution of sentence.
If guilty of any offense, the person must pay full restitution (pay back) to the state of Missouri and if placed on probation for offense cannot be released from probation until full restitution is paid.
08/22/13