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.
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