Missouri Revised Statutes

Chapter 570
Stealing and Related Offenses
Section 570.125

August 28, 2013

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)

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