Section 30 Criminal Actions

• Library: Consumer Law and Practice 2010

Section 407.020.3, RSMo Supp. 2010, provides that "[a]ny person who willfully and knowingly engages in any act, use, employment or practice declared to be unlawful by this section with the intent to defraud shall be guilty of a class D felony." In State v. Shaw, 847 S.W.2d 768, 776 (Mo. banc 1993), the Supreme Court of Missouri held that:

the scienter element of Section 407.020 sufficiently cures any uncertainty as to the meaning of the phrase "unfair practices" as used in that statute. A defendant cannot...