§346-34  Frauds, penalties.  (a)  Anyrecipient who buys or disposes of real property or any person who knowinglyaids or abets a recipient in the purchase or sale of real property without theconsent of the department of human services shall be guilty of a pettymisdemeanor.

(b)  If, at any time while the recipient ofpublic assistance is receiving public assistance, the recipient's livingrequirements are reduced and the recipient wilfully fails to report thereduction within thirty days from the date of the reduction to the department,or the recipient acquires from any source real property, funds, income, orother resources and wilfully fails to report the amount acquired together withthe source of the resources to the department within thirty days of receipt ofthe resources, or prior to spending or otherwise disposing of all or anyportion of the resources, the recipient shall be guilty of a petty misdemeanor.

(c)  No person shall knowingly obtain orattempt to obtain, or aid or abet another person in obtaining or attempting toobtain, any food commodity under a food distribution program or any food stampor coupon under a food stamp plan or an electronic benefits transfer card orsimilar debit card type device, to which the person or the other person is notentitled to receive or use under any law, or under any rule adopted pursuant tosection 346-14(11) or chapter 91.

(d)  No person shall knowingly give, sell,trade, or otherwise dispose of to another person not entitled to receive or usethe same pursuant to any law, or pursuant to any rule adopted pursuant tosection 346-14(11) or chapter 91:

(1)  Any food exceeding $300 in value received under afood distribution program or any food of any value received under a fooddistribution program if that food is sold or traded by the recipient;

(2)  Any food stamp or coupon received under a foodstamp plan;

(3)  Any food commodity received wholly or partiallyin exchange for a food stamp or coupon received under a food stamp plan; or

(4)  Any electronic benefits transfer card or similardebit card type device through which food stamp benefits may be obtained by thefood stamp household.

(e)  No person shall knowingly buy or give anyother consideration in exchange for any food stamp or coupon issued under afood stamp plan or through any electronic benefits transfer card or similardebit card type device through which food stamp benefits may be obtained by thefood stamp household except in compliance with any law or any rule adoptedpursuant to section 346-14(11) or chapter 91.

(f)  No person shall knowingly obtain orattempt to obtain emergency assistance under section 346-65 to which the personis not entitled.  No person shall knowingly aid or abet another person inobtaining or attempting to obtain emergency assistance to which that otherperson is not entitled.  No person shall expend emergency assistance granted tothe person for other than the purpose approved by the department to eliminateor alleviate the emergency situation.

(g)  No person shall knowingly transfer assetsfrom that person's name to another person's or entity's name for the purpose ofqualifying for public assistance under this chapter or chapter 346D.  It shallbe prima facie evidence of such a transfer if there was a transfer of assetsfor less than fair market value of the assets within the federally requiredtime period, or "lookback" period, from the date of the applicationfor public assistance.

(h)  A person convicted under subsections (c),(d), (e), (f), or (g) shall be guilty of a misdemeanor; provided that:

(1)  A person convicted under subsection (d)(2) or (e)for an offense involving food stamps or coupons with a value which exceeds $300shall be guilty of a class C felony; and

(2)  A person convicted under subsection (d)(2) or (e)for an offense involving food stamps, coupons, an electronic benefits transfercard, or a debit card shall be guilty of a class B felony if the benefit towhich the person is not entitled exceeds $20,000.

Any portion of assistance obtained by any fraudulentdevice, and any assistance paid after receipt of resources which have not beenreported to the department as required in this section shall be recoverable bythe State for the use of the department as a debt due the State, or,restitution of the amount may be ordered by the court following conviction.

(i)  The term "recipient" includesany person to whom a grant of public assistance is made by direct payment, andany person for whose use and benefit a grant of public assistance is made bypayment to a relative or other person.  Prosecution under this section shallnot be considered an exclusive remedy but shall be in addition to any othercriminal, civil, or administrative remedy or sanction authorized by law. [L1941, c 296, pt of §1; RL 1945, §4839; am L 1949, c 308, §1; am L 1951, c 137,§1; am L 1953, c 52, §1; RL 1955, §108-20; am L 1957, c 174, §1; am L 1965, c143, §1; HRS §346-34; am L 1970, c 105, §5; am L 1978, c 105, §5; gen ch 1985;am L 1986, c 160, §5; am L 1987, c 339, §4; am L 1994, c 187, §3; am L 1995, c195, §1; am L 1997, c 198, §2]

 

Case Notes

 

  Miranda warnings not applicable to investigatory interviewsconducted in a noncustodial situation by personnel of department.  58 H. 94,564 P.2d 1271.

  Under prior law, fraud was established with respect tofailure to report income if defendant acted intentionally, knowingly, orrecklessly.  62 H. 102, 612 P.2d 103.

  History of this section and §708‑831 reveals nolegislative intent to limit welfare fraud prosecutions to this section.  62 H.364, 616 P.2d 193.

  Welfare fraud cases may be prosecuted under §708‑831despite existence of this section.  61 H. 79, 595 P.2d 291.