Sec 13-3701. Unlawful use of food stamps; classification; definition

A. A person commits unlawful use of food stamps if such person knowingly:

1. Uses, transfers, acquires, possesses or redeems food stamps by means of a false statement or representation, a material omission or the failure to disclose a change in circumstances, by any other fraudulent device or in any other manner not authorized by law or by the department of economic security; or

2. Counterfeits, alters, uses, transfers, acquires or possesses counterfeited or altered food stamps or electronic benefit transfer cards; or

3. Appropriates food stamps with which the person has been entrusted or of which the person has gained possession by virtue of a position as a public employee.

4. Uses, after an unlawful transfer, the food stamps of another person.

B. Unlawful use of food stamps under subsection A, paragraph 1 is a class 1 misdemeanor if the value of the food stamps is one hundred dollars or less, or a class 6 felony if the value is over one hundred dollars. Unlawful use of food stamps under subsection A, paragraphs 2, 3 and 4 is a class 5 felony.

C. For the purposes of this section, "food stamps" includes food stamp coupons and electronically transferred supplemental nutrition assistance program benefits.