Missouri Revised Statutes

Mo. Rev. Stat. § 570.120 (2026)

Crime of passing bad checks, penalty

✓ current as of May 2026

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570.120. Crime of passing bad checks, penalty — actual notice given, when — administrative handling costs, amount, deposit in fund — use of fund — additional costs, amount — payroll checks, action, when — service charge may be collected — return of bad check to depositor by financial institution must be on condition that issuer is identifiable. — 1. A person commits the offense of passing a bad check when he or she:

(1) With the purpose to defraud, makes, issues or passes a check or other similar sight order or any other form of presentment involving the transmission of account information for the payment of money, knowing that it will not be paid by the drawee, or that there is no such drawee; or

(2) Makes, issues, or passes a check or other similar sight order or any other form of presentment involving the transmission of account information for the payment of money, knowing that there are insufficient funds in or on deposit with that account for the payment of such check, sight order, or other form of presentment involving the transmission of account information in full and all other checks, sight orders, or other forms of presentment involving the transmission of account information upon such funds then outstanding, or that there is no such account or no drawee and fails to pay the check or sight order or other form of presentment involving the transmission of account information within ten days after receiving actual notice in writing that it has not been paid because of insufficient funds or credit with the drawee or because there is no such drawee.

2. As used in subdivision (2) of subsection 1 of this section, "actual notice in writing" means notice of the nonpayment which is actually received by the defendant. Such notice may include the service of summons or warrant upon the defendant for the initiation of the prosecution of the check or checks which are the subject matter of the prosecution if the summons or warrant contains information of the ten-day period during which the instrument may be paid and that payment of the instrument within such ten-day period will result in dismissal of the charges. The requirement of notice shall also be satisfied for written communications which are tendered to the defendant and which the defendant refuses to accept.

3. The face amounts of any bad checks passed pursuant to one course of conduct within any ten-day period may be aggregated in determining the grade of the offense.

4. The offense of passing bad checks is a class A misdemeanor, unless:

(1) The face amount of the check or sight order or the aggregated amounts is seven hundred fifty dollars or more; or

(2) The issuer had no account with the drawee or if there was no such drawee at the time the check or order was issued,

in which case passing a bad check is a class E felony.

5. In addition to all other costs and fees allowed by law, each prosecuting attorney or circuit attorney who takes any action pursuant to the provisions of this section shall collect from the issuer in such action an administrative handling cost. The cost shall be twenty-five dollars for checks of less than one hundred dollars, and fifty dollars for checks of one hundred dollars but less than two hundred fifty dollars. For checks of two hundred fifty dollars or more an additional fee of ten percent of the face amount shall be assessed, with a maximum fee for administrative handling costs not to exceed seventy-five dollars total. Notwithstanding the provisions of sections 50.525 to 50.745, the costs provided for in this subsection shall be deposited by the county treasurer into the administrative handling cost fund, established under section 559.100. Notwithstanding any law to the contrary, in addition to the administrative handling cost, the prosecuting attorney or circuit attorney shall collect an additional cost of five dollars per check for deposit to the Missouri office of prosecution services fund established in subsection 2 of section 56.765. All moneys collected pursuant to this section which are payable to the Missouri office of prosecution services fund shall be transmitted at least monthly by the county treasurer to the director of revenue who shall deposit the amount collected pursuant to the credit of the Missouri office of prosecution services fund under the procedure established pursuant to subsection 2 of section 56.765.

6. Notwithstanding any other provision of law to the contrary:

(1) In addition to the administrative handling costs provided for in subsection 5 of this section, the prosecuting attorney or circuit attorney may collect from the issuer, in addition to the face amount of the check, a reasonable service charge, which along with the face amount of the check, shall be turned over to the party to whom the bad check was issued;

(2) If a check that is dishonored or returned unpaid by a financial institution is not referred to the prosecuting attorney or circuit attorney for any action pursuant to the provisions of this section, the party to whom the check was issued, or his or her agent or assignee, or a holder, may collect from the issuer, in addition to the face amount of the check, a reasonable service charge, not to exceed twenty-five dollars, plus an amount equal to the actual charge by the depository institution for the return of each unpaid or dishonored instrument.

7. When any financial institution returns a dishonored check to the person who deposited such check, it shall be in substantially the same physical condition as when deposited, or in such condition as to provide the person who deposited the check the information required to identify the person who wrote the check.

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(L. 1977 S.B. 60, A.L. 1989 S.B. 310, A.L. 1992 S.B. 705, A.L. 1993 S.B. 180, A.L. 2001 H.B. 80, A.L. 2002 H.B. 1888, A.L. 2005 H.B. 353, A.L. 2013 H.B. 215, A.L. 2014 S.B. 491)

Effective 1-01-17

CROSS REFERENCE:

Taxes paid with bad checks, penalty, 139.235

Notes of Decisions

Cited in 86 cases, 1979–2019 · leading case: State of Missouri, Plaintiff-respondent v. Dennis Lynn Williams, 469 S.W.3d 6 (Mo. Ct. App. 2015).

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State of Missouri, Plaintiff-respondent v. Dennis Lynn Williams, 469 S.W.3d 6 (Mo. Ct. App. 2015). · cites it 11× “See § 570.120 RSMo (1986). In relevant part, that version of the statute stated: ■ 1.”

State v. Kalagian, 833 S.W.2d 431 (Mo. Ct. App. 1992). · cites it 9× “Carole Kalagian appeals from her conviction in a jury trial of passing a bad check, Section 570.120, RSMo Cum.Supp.1991. The trial court sentenced her to a $5,000.”

Dillard v. State, 931 S.W.2d 157 (Mo. Ct. App. 1996). · cites it 5× “He was convicted on three counts of passing bad checks in violation of Section 570.120, RSMo 1986. He received concurrent four-year sentences on each count.”

State v. Hasnan, 806 S.W.2d 54 (Mo. Ct. App. 1991). · cites it 4× “Appellant, Sallehuddin Hasnan, an alien, non-immigrant student, pled guilty at two separate times to the misdemeanors of passing bad checks in violation of Mo.Rev. Stat. § 570.120 (1986). As a result of these guilty pleas, appellant is facing federal deportation proceedings.”

State v. McMikle, 673 S.W.2d 791 (Mo. Ct. App. 1984). · cites it 5× “the defendant, in violation of Section 570.120, RSMo, committed the class D felony of passing bad checks, punishable upon conviction under Sections 558.”

JODI DANIELLE MARTIN, Movant-Appellant v. STATE OF MISSOURI, Respondent-Respondent, 568 S.W.3d 78 (Mo. Ct. App. 2019). · cites it 6× “090, and eleven counts of the class-C felony of passing a bad check, see section 570.120. On April 3, 2014, Movant pleaded guilty to the twelfth count of the information (“Count XII”), which charged the following: [Movant], .”

State v. Carroll, 41 S.W.3d 878 (Mo. 2001). · cites it 4× “Issuing a check with knowledge there are insufficient funds in the account is sufficient evidence of fraudulent intent to make a submissible case under section 570.120. State v. Aldrich, 724 S.”

State v. Madani, 910 S.W.2d 362 (Mo. Ct. App. 1995). · cites it 14× “Madani, guilty of the class D felony of passing a bad check, § 570.120, RSMo 1986, 1 and assessed punishment at six months’ imprisonment in jail and a fíne in an amount to be determined by the trial court.”

State v. Watson, 672 S.W.2d 701 (Mo. Ct. App. 1984). · cites it 6× “This is an appeal from a jury’s conviction for the Class D felony of passing a bad check in violation of § 570.120 RSMo 1978. Appellant was sentenced to a three year term.”

Schumer v. Craig Distrib. Co., 745 S.W.2d 163 (Mo. Ct. App. 1987). · cites it 6× “Section 570.120 RSMo (1986). On March 31, 1982, plaintiff gave a check in the amount of $638.”

State v. Kempker, 824 S.W.2d 909 (Mo. 1992). · cites it 2× “The defendant was convicted of two counts of passing bad checks in violation of § 570.120, RSMo 1986. The Court of Appeals, Western District, reversed and remanded for new trial concluding that the state had failed to counter the defendant’s properly raised claims of violation…”

W.C.H. v. State, 546 S.W.3d 612 (Mo. Ct. App. 2018). · cites it 2× “140 1 on April 12, 2017, seeking to expunge his conviction for the felony offense of passing a bad check under § 570.120. 2 The trial court found Petitioner was entitled to expungement under § 610.”

Show all 86 citing cases →

— Mo. Rev. Stat. § 570.120(2) — 1 case

State of Missouri v. Vinh Q. Vu, 483 S.W.3d 476 (Mo. Ct. App. 2016).

— Mo. Rev. Stat. § 570.120(3) — 1 case

State v. Watson, 672 S.W.2d 701 (Mo. Ct. App. 1984). “This is an appeal from a jury’s conviction for the Class D felony of passing a bad check in violation of § 570.120 RSMo 1978. Appellant was sentenced to a three year term.”

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