Missouri Revised Statutes

Chapter 570
Robbery, Stealing and Related Offenses
Section 570.220

August 28, 2014


Beginning January 1, 2017--Check kiting--collected funds defined--penalty.

570.220. 1. A person commits the offense of check kiting if he or she, with intent to defraud, obtains money from a financial institution by drawing a check against an account in which there is not sufficient collected funds to pay the check and, he or she purports to cover that check by depositing in such account another check drawn against insufficient collected funds.

2. For purposes of this section, the term "collected funds" means that portion of a deposit account representing checks and other credits as to which the depositary has directly and affirmatively verified that final payment has been made or, in the alternative, with respect to checks as to which at least ten business days have elapsed, without return of the checks, since presentation for payment.

3. The offense of check kiting is a class E felony.

(L. 1985 H.B. 408 § 570.210, A.L. 2014 S.B. 491)

Effective 1-01-17

Until December 31, 2016--Check kiting, penalty--financial institution and collected funds defined.

570.220. 1. A person commits the crime of check kiting if he, pursuant to a scheme or artifice to defraud, obtains money from a financial institution by drawing a check against an account in which there are not sufficient collected funds to pay the check and, as part of the scheme or artifice, he purports to cover that check by depositing in such account another check drawn against insufficient collected funds.

2. For purposes of this section, the term "financial institution" shall mean a bank, trust company, savings and loan association, or credit union; "check" shall include any check, draft, negotiable order of withdrawal, or similar instrument used to transfer or withdraw funds held in a deposit account at a financial institution; and the term "collected funds" shall mean that portion of a deposit account representing checks and other credits as to which the depositary has directly and affirmatively verified that final payment has been made or, in the alternative, with respect to checks as to which at least ten business days have elapsed, without return of the checks, since presentation for payment.

3. Check kiting is a class C felony.

(L. 1985 H.B. 408 § 570.210)

*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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