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Section: 570.0125 Until December 31, 2016--Fraudulently stopping payment on an instrument, penalties. RSMO 570.125


Published: 2015

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Missouri Revised Statutes













Chapter 570

Robbery, Stealing and Related Offenses

←570.125

Section 570.125.2

570.130→

August 28, 2015

Until December 31, 2016--Fraudulently stopping payment on an instrument, penalties.

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.



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



*This section was amended by S.B. 491, 2014, effective 1-01-17. Due

to the delayed effective date, both versions of this section are

printed here.







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