Section 570.148

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 570

Effective - 28 Aug 2025, see footnote   

  570.148.  Financial institution accounts fraud, offense of — penalties. — 1.  For purposes of this section, the following terms mean:

  (1)  "Financial institution", includes any financial institution as defined in section 570.010 as well as a broker or mutual fund company;

  (2)  "Financial institution account", includes any deposit account, brokerage account, or mutual funds account.

  2.  Any person commits the offense of financial institution accounts fraud if that person uses any false or fraudulent pretenses, representations, or promises, or any physical device, any electronic device or means of any kind, or any fraudulent scheme or coercion to cause moneys to be withdrawn or taken from a financial institution or a customer account at a financial institution or to cause moneys to be transferred or paid by the financial institution to another person 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 moneys.

  3.  The offense of financial institution accounts fraud is a class B misdemeanor if the fraud amount is less than five hundred dollars.

  4.  The offense of financial institution accounts fraud shall be as follows if the fraud amount is five hundred dollars or more:

  (1)  If a person acts with criminal negligence, the offense of financial institution accounts fraud is a class E felony;

  (2)  If a person acts recklessly, the offense of financial institution accounts fraud is a class D felony;

  (3)  If a person acts knowingly, the offense of financial institution accounts fraud is a class C felony;

  (4)  If a person acts purposefully, the offense of financial institution accounts fraud is a class B felony.

  5.  A prosecutor 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 moneys.

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(L. 2025 S.B. 98)