Missouri Revised Statutes













Chapter 570

Robbery, Stealing and Related Offenses

←570.123

Section 570.125.1

570.125→

August 28, 2015

Beginning January 1, 2017--Fraudulently stopping payment on an instrument--penalties.

570.125. 1. A person commits the offense of fraudulently stopping

payment of an instrument if he or she, with the purpose to defraud, stops

payment on a check, draft, or debit device used in payment for the receipt

of goods or services.



2. The offense of fraudulently stopping payment of an instrument is a

class A misdemeanor, unless the face amount of the check or draft is seven

hundred fifty dollars or more or, if the stopping of payment of more than

one check or draft is involved in the same course of conduct, the aggregate

amount is seven hundred fifty dollars or more, in which case the offense is

a class E felony.



3. It shall be prima facie evidence of a violation of this section if

a person stops payment on a check, draft, or debit device and fails to make

good the check, draft, or debit device transaction, or fails to return or

make and comply with reasonable arrangements to return the property for

which the check, draft, or debit device was used in the same or

substantially the same condition as when received within ten days after

notice in writing from the payee that the check, draft, or debit device

transaction has not been paid because of a stop payment order by the issuer

to the drawee.



4. "Notice in writing" means notice deposited as certified or

registered mail in the United States mail and addressed to the issuer at

his address as it appears on the dishonored check, draft, or debit device

transaction or to his last known address. The notice shall contain a

statement that failure to make good the check, draft, or debit device

transaction within ten days of receipt of the notice may subject the issuer

to criminal prosecution.



(L. 1983 S.B. 75, A.L. 1985 S.B. 264, A.L. 2002 H.B. 1888,

A.L. 2014 S.B. 491)



Effective 1-01-17





2002

1991



2002



570.125. 1. A person commits the crime of "fraudulently stopping payment

of an instrument" if he, knowingly, with the purpose to defraud, stops

payment on a check or draft given in payment for the receipt of goods or

services.



2. Fraudulently stopping payment of an instrument is a class A

misdemeanor, unless the face amount of the check or draft is five hundred

dollars or more or, if the stopping of payment of more than one check or

draft is involved in the same course of conduct, the aggregate amount is five

hundred dollars or more, in which case the offense is a class D felony.



3. It shall be prima facie evidence of a violation of this section if a

person stops payment on a check or draft and fails to make good the check or

draft, or return or make and comply with reasonable arrangements to return

the property for which the check or draft was given in the same or

substantially the same condition as when received within ten days after

notice in writing from the payee that the check or draft has not been paid

because of a stop payment order by the issuer to the drawee.



4. "Notice in writing" means notice deposited as certified or registered

mail in the United States mail and addressed to the issuer at his address as

it appears on the dishonored check or draft or to his last known address. The

notice shall contain a statement that failure to make good the check or draft

within ten days of receipt of the notice may subject the issuer to criminal

prosecution.



1991



570.125. 1. A person commits the crime of "fraudulently

stopping payment of an instrument" if he, knowingly, with the

purpose to defraud, stops payment on a check or draft given in

payment for the receipt of goods or services.



2. Fraudulently stopping payment of an instrument is a class

A misdemeanor, unless the face amount of the check or draft is

one hundred fifty dollars or more or, if the stopping of payment

of more than one check or draft is involved in the same course of

conduct, the aggregate amount is one hundred fifty dollars or

more, in which case the offense is a class D felony.



3. It shall be prima facie evidence of a violation of this

section, if a person stops payment on a check or draft and fails

to make good the check or draft, or return or make and comply

with reasonable arrangements to return the property for which the

check or draft was given in the same or substantially the same

condition as when received within ten days after notice in

writing from the payee that the check or draft has not been paid

because of a stop payment order by the issuer to the drawee.



4. "Notice in writing" means notice deposited as certified

or registered mail in the United States mail and addressed to the

issuer at his address as it appears on the dishonored check or

draft or to his last known address. The notice shall contain a

statement that failure to make good the check or draft within ten

days of receipt of the notice may subject the issuer to criminal

prosecution.



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