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, material omission, impersonation 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 state 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.
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 and 3 is a class 5 felony.
C. For purposes of this section, "food stamps" includes food stamp coupons and
electronically transferred food stamp program benefits.
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