What are the criminal offenses for EBT misuse?
The most common criminal offenses include:
| Unlawfully Receiving | Unlawful Conversion | Unlawful Transfer |
| Individual knowingly receives or uses the proceeds of public assistance of EBT card to which individual is not lawfully entitled, or for which individual has not applied and been approved to receive. | Individual knowingly engages in a transaction to convert public assistance benefits or EBT cards to other property contrary to state of federal statues, rules, and regulations. | Individual knowingly transfers public assistance benefits or EBT cards to another not lawfully entitled or approved to receive. |
What is the penalty?
Any person found guilty of such offenses could be guilty of:
- CLASS A Misdemeanor when value of benefits or EBT cards is less than $500
- CLASS D Felony when value is $500 or more
- CLASS D Felony for second offense when value is less than $500
CLASS C Felony for second or subsequent felony offenses
If an individual is found guilty of a felony offense, they may be required to serve at least 120 days in Missouri Department of Corrections unless full restitution is paid to the state of Missouri within 30 days of execution of sentence.
If an individual is found guilty of any offense, they must pay full restitution (pay back) to the state of Missouri. If they are placed on probation for the offense, they cannot be released from probation until full restitution is paid.