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Food Stamp Benefits - Prohibited Activities and Penalties
SECTION 34.
Said chapter 18, as so appearing, is hereby amended by inserting after section 5H the following new section:-
Section 5I. (a) Whoever knowingly uses, acquires, alters, or transfers food stamp coupons, authorizations to participate in the food stamp program, food stamp electronic access devices, or food stamp benefits in any other form or medium, in any manner not authorized by law shall be guilty of an offense under this section. If the value of the food stamp benefits illegally used, acquired, altered or transferred exceeds $250, violation of this section shall be punished by imprisonment in the state prison for not more than 5 years, or by a fine of not more than $25,000 and imprisonment in jail for not more than two years. If the value of the food stamp benefits illegally used, acquired, altered or transferred does not exceed $250, violation of this section shall be punished by imprisonment in jail for not more than one year or by a fine of not more than $300.
(b) Whoever knowingly possesses food stamp coupons, authorizations to participate in the food stamp program, food stamp electronic access devices, or food stamp benefits in any other form or medium, when not authorized by law to possess them, knowingly redeems food stamp benefits when not authorized to redeem them, or knowingly redeems food stamp benefits for purposes not authorized by law, shall be guilty of an offense under this section.
(c) Whoever knowingly possesses blank authorizations to participate in the food stamp program, blank food stamp electronic access devices or any other form or medium by which food stamp benefits are provided, when not authorized by law to possess them, shall be guilty of an offense under this section.
(d) When food stamp coupons, authorizations to participate, food stamp electronic access devices, or food stamp benefits in any other form or medium are obtained in violation of this section pursuant to one scheme or continuing course of conduct, whether from the same or several sources, the conduct may be considered as one offense and the values aggregated in determining the amount of the offense. Violations of this section involving blank or altered food stamp coupons, authorizations to participate, food stamp electronic access devices, or other form or media used to provide food stamp benefits shall give rise to a rebuttable presumption that the offense exceeds $250 in value of food stamp benefits for the purpose of determining the severity of the offense.
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