State Codes and Statutes

Statutes > Wisconsin > 49 > 49.795

49.795

49.795 Food stamp offenses.

49.795(1)

(1) In this section:

49.795(1)(a)

(a) "Eligible person" means a member of a household certified as eligible for the food stamp program or a person authorized to represent a certified household under 7 USC 2020 (e) (7).

49.795(1)(b)

(b) "Food" means items which may be purchased using food coupons under 7 USC 2012 (g) and 2016 (b).

49.795(1)(c)

(c) "Food stamp program" means the federal food stamp program under 7 USC 2011 to 2029.

49.795(1)(d)

(d) "Supplier" means a retail grocery store or other person authorized by the federal department of agriculture to accept food coupons in exchange for food under the food stamp program.

49.795(1)(e)

(e) "Unauthorized person" means a person who is not one of the following:

49.795(1)(e)1.

1. An employee or officer of the federal government, the state, a county or a federally recognized American Indian tribe acting in the course of official duties in connection with the food stamp program.

49.795(1)(e)2.

2. A person acting in the course of duties under a contract with the federal government, the state, a county or a federally recognized American Indian tribe in connection with the food stamp program.

49.795(1)(e)3.

3. An eligible person.

49.795(1)(e)4.

4. A supplier.

49.795(1)(e)5.

5. A person authorized to redeem food coupons under 7 USC 2019.

49.795(2)

(2) No person may misstate or conceal facts in a food stamp program application or report of income, assets or household circumstances with intent to secure or continue to receive food stamp program benefits.

49.795(2m)

(2m) No person may knowingly fail to report changes in income, assets or other facts as required under 7 USC 2015 (c) (1) or regulations issued under that provision.

49.795(3)

(3) No person may knowingly issue food coupons to a person who is not an eligible person or knowingly issue food coupons to an eligible person in excess of the amount for which the person's household is eligible.

49.795(4)

(4) No eligible person may knowingly transfer food coupons except to purchase food from a supplier or knowingly obtain or use food coupons for which the person's household is not eligible.

49.795(5)

(5) No supplier may knowingly obtain food coupons except as payment for food or knowingly obtain food coupons from a person who is not an eligible person.

49.795(6)

(6) No unauthorized person may knowingly obtain, possess, transfer or use food coupons.

49.795(7)

(7) No person may knowingly alter food coupons.

49.795(8)

(8)

49.795(8)(a)

(a) For a first offense under this section:

49.795(8)(a)1.

1. If the value of the food coupons does not exceed $100, a person who violates this section may be fined not more than $1,000 or imprisoned not more than one year in the county jail or both.

49.795(8)(a)2.

2. If the value of the food coupons exceeds $100, but is less than $5,000, a person who violates this section is guilty of a Class I felony.

49.795(8)(b)

(b) For a 2nd or subsequent offense under this section:

49.795(8)(b)1.

1. If the value of the food coupons does not exceed $100, a person who violates this section may be fined not more than $1,000 or imprisoned not more than one year in the county jail or both.

49.795(8)(b)2.

2. If the value of the food coupons exceeds $100, but is less than $5,000, a person who violates this section is guilty of a Class H felony.

49.795(8)(c)

(c) For any offense under this section, if the value of the food coupons is $5,000 or more, a person who violates this section is guilty of a Class G felony.

49.795(8)(d)

(d)

49.795(8)(d)1.

1. In addition to the penalties applicable under par. (a), (b) or (c), the court shall suspend a person who violates this section from participation in the food stamp program as follows:

49.795(8)(d)1.a.

a. For a first offense under this section, one year. The court may extend the suspension by not more than 18 months.

49.795(8)(d)1.b.

b. For a 2nd offense under this section, 2 years. The court may extend the suspension by not more than 18 months.

49.795(8)(d)1.c.

c. For a 3rd offense under this section, permanently.

49.795(8)(d)1m.

1m. In addition to the penalties applicable under par. (a), (b) or (c), a court shall permanently suspend from the food stamp program a person who has been convicted of an offense under 7 USC 2024 (b) or (c) involving an item covered by 7 USC 2024 (b) or (c) having a value of $500 or more.

49.795(8)(d)2.

2. The person may apply to the county department under s. 46.215, 46.22 or 46.23 or the federally recognized American Indian tribal governing body or, if the person is a supplier, to the federal department of agriculture for reinstatement following the period of suspension, if the suspension is not permanent.

49.795(8)(e)

(e)

49.795(8)(e)1.

1. If a court finds that a person traded a controlled substance, as defined in s. 961.01 (4), for food coupons, the court shall suspend the person from participation in the food stamp program as follows:

49.795(8)(e)1.a.

a. Upon the first such finding, for 2 years.

49.795(8)(e)1.b.

b. Upon the 2nd such finding, permanently.

49.795(8)(e)2.

2. If a court finds that a person traded firearms, ammunition or explosives for food coupons, the court shall suspend the person permanently from participation in the food stamp program.

49.795(8)(f)

(f) Notwithstanding par. (d), in addition to the penalties applicable under par. (a), (b) or (c), the court shall suspend from the food stamp program for a period of 10 years a person who fraudulently misstates or misrepresents his or her identity or place of residence for the purpose of receiving multiple benefits simultaneously under the food stamp program.

49.795 - ANNOT.

History: 2001 a. 16 s. 1656tz; Stats. 2001 s. 49.795; 2001 a. 109.

State Codes and Statutes

Statutes > Wisconsin > 49 > 49.795

49.795

49.795 Food stamp offenses.

49.795(1)

(1) In this section:

49.795(1)(a)

(a) "Eligible person" means a member of a household certified as eligible for the food stamp program or a person authorized to represent a certified household under 7 USC 2020 (e) (7).

49.795(1)(b)

(b) "Food" means items which may be purchased using food coupons under 7 USC 2012 (g) and 2016 (b).

49.795(1)(c)

(c) "Food stamp program" means the federal food stamp program under 7 USC 2011 to 2029.

49.795(1)(d)

(d) "Supplier" means a retail grocery store or other person authorized by the federal department of agriculture to accept food coupons in exchange for food under the food stamp program.

49.795(1)(e)

(e) "Unauthorized person" means a person who is not one of the following:

49.795(1)(e)1.

1. An employee or officer of the federal government, the state, a county or a federally recognized American Indian tribe acting in the course of official duties in connection with the food stamp program.

49.795(1)(e)2.

2. A person acting in the course of duties under a contract with the federal government, the state, a county or a federally recognized American Indian tribe in connection with the food stamp program.

49.795(1)(e)3.

3. An eligible person.

49.795(1)(e)4.

4. A supplier.

49.795(1)(e)5.

5. A person authorized to redeem food coupons under 7 USC 2019.

49.795(2)

(2) No person may misstate or conceal facts in a food stamp program application or report of income, assets or household circumstances with intent to secure or continue to receive food stamp program benefits.

49.795(2m)

(2m) No person may knowingly fail to report changes in income, assets or other facts as required under 7 USC 2015 (c) (1) or regulations issued under that provision.

49.795(3)

(3) No person may knowingly issue food coupons to a person who is not an eligible person or knowingly issue food coupons to an eligible person in excess of the amount for which the person's household is eligible.

49.795(4)

(4) No eligible person may knowingly transfer food coupons except to purchase food from a supplier or knowingly obtain or use food coupons for which the person's household is not eligible.

49.795(5)

(5) No supplier may knowingly obtain food coupons except as payment for food or knowingly obtain food coupons from a person who is not an eligible person.

49.795(6)

(6) No unauthorized person may knowingly obtain, possess, transfer or use food coupons.

49.795(7)

(7) No person may knowingly alter food coupons.

49.795(8)

(8)

49.795(8)(a)

(a) For a first offense under this section:

49.795(8)(a)1.

1. If the value of the food coupons does not exceed $100, a person who violates this section may be fined not more than $1,000 or imprisoned not more than one year in the county jail or both.

49.795(8)(a)2.

2. If the value of the food coupons exceeds $100, but is less than $5,000, a person who violates this section is guilty of a Class I felony.

49.795(8)(b)

(b) For a 2nd or subsequent offense under this section:

49.795(8)(b)1.

1. If the value of the food coupons does not exceed $100, a person who violates this section may be fined not more than $1,000 or imprisoned not more than one year in the county jail or both.

49.795(8)(b)2.

2. If the value of the food coupons exceeds $100, but is less than $5,000, a person who violates this section is guilty of a Class H felony.

49.795(8)(c)

(c) For any offense under this section, if the value of the food coupons is $5,000 or more, a person who violates this section is guilty of a Class G felony.

49.795(8)(d)

(d)

49.795(8)(d)1.

1. In addition to the penalties applicable under par. (a), (b) or (c), the court shall suspend a person who violates this section from participation in the food stamp program as follows:

49.795(8)(d)1.a.

a. For a first offense under this section, one year. The court may extend the suspension by not more than 18 months.

49.795(8)(d)1.b.

b. For a 2nd offense under this section, 2 years. The court may extend the suspension by not more than 18 months.

49.795(8)(d)1.c.

c. For a 3rd offense under this section, permanently.

49.795(8)(d)1m.

1m. In addition to the penalties applicable under par. (a), (b) or (c), a court shall permanently suspend from the food stamp program a person who has been convicted of an offense under 7 USC 2024 (b) or (c) involving an item covered by 7 USC 2024 (b) or (c) having a value of $500 or more.

49.795(8)(d)2.

2. The person may apply to the county department under s. 46.215, 46.22 or 46.23 or the federally recognized American Indian tribal governing body or, if the person is a supplier, to the federal department of agriculture for reinstatement following the period of suspension, if the suspension is not permanent.

49.795(8)(e)

(e)

49.795(8)(e)1.

1. If a court finds that a person traded a controlled substance, as defined in s. 961.01 (4), for food coupons, the court shall suspend the person from participation in the food stamp program as follows:

49.795(8)(e)1.a.

a. Upon the first such finding, for 2 years.

49.795(8)(e)1.b.

b. Upon the 2nd such finding, permanently.

49.795(8)(e)2.

2. If a court finds that a person traded firearms, ammunition or explosives for food coupons, the court shall suspend the person permanently from participation in the food stamp program.

49.795(8)(f)

(f) Notwithstanding par. (d), in addition to the penalties applicable under par. (a), (b) or (c), the court shall suspend from the food stamp program for a period of 10 years a person who fraudulently misstates or misrepresents his or her identity or place of residence for the purpose of receiving multiple benefits simultaneously under the food stamp program.

49.795 - ANNOT.

History: 2001 a. 16 s. 1656tz; Stats. 2001 s. 49.795; 2001 a. 109.

State Codes and Statutes

State Codes and Statutes

Statutes > Wisconsin > 49 > 49.795

49.795

49.795 Food stamp offenses.

49.795(1)

(1) In this section:

49.795(1)(a)

(a) "Eligible person" means a member of a household certified as eligible for the food stamp program or a person authorized to represent a certified household under 7 USC 2020 (e) (7).

49.795(1)(b)

(b) "Food" means items which may be purchased using food coupons under 7 USC 2012 (g) and 2016 (b).

49.795(1)(c)

(c) "Food stamp program" means the federal food stamp program under 7 USC 2011 to 2029.

49.795(1)(d)

(d) "Supplier" means a retail grocery store or other person authorized by the federal department of agriculture to accept food coupons in exchange for food under the food stamp program.

49.795(1)(e)

(e) "Unauthorized person" means a person who is not one of the following:

49.795(1)(e)1.

1. An employee or officer of the federal government, the state, a county or a federally recognized American Indian tribe acting in the course of official duties in connection with the food stamp program.

49.795(1)(e)2.

2. A person acting in the course of duties under a contract with the federal government, the state, a county or a federally recognized American Indian tribe in connection with the food stamp program.

49.795(1)(e)3.

3. An eligible person.

49.795(1)(e)4.

4. A supplier.

49.795(1)(e)5.

5. A person authorized to redeem food coupons under 7 USC 2019.

49.795(2)

(2) No person may misstate or conceal facts in a food stamp program application or report of income, assets or household circumstances with intent to secure or continue to receive food stamp program benefits.

49.795(2m)

(2m) No person may knowingly fail to report changes in income, assets or other facts as required under 7 USC 2015 (c) (1) or regulations issued under that provision.

49.795(3)

(3) No person may knowingly issue food coupons to a person who is not an eligible person or knowingly issue food coupons to an eligible person in excess of the amount for which the person's household is eligible.

49.795(4)

(4) No eligible person may knowingly transfer food coupons except to purchase food from a supplier or knowingly obtain or use food coupons for which the person's household is not eligible.

49.795(5)

(5) No supplier may knowingly obtain food coupons except as payment for food or knowingly obtain food coupons from a person who is not an eligible person.

49.795(6)

(6) No unauthorized person may knowingly obtain, possess, transfer or use food coupons.

49.795(7)

(7) No person may knowingly alter food coupons.

49.795(8)

(8)

49.795(8)(a)

(a) For a first offense under this section:

49.795(8)(a)1.

1. If the value of the food coupons does not exceed $100, a person who violates this section may be fined not more than $1,000 or imprisoned not more than one year in the county jail or both.

49.795(8)(a)2.

2. If the value of the food coupons exceeds $100, but is less than $5,000, a person who violates this section is guilty of a Class I felony.

49.795(8)(b)

(b) For a 2nd or subsequent offense under this section:

49.795(8)(b)1.

1. If the value of the food coupons does not exceed $100, a person who violates this section may be fined not more than $1,000 or imprisoned not more than one year in the county jail or both.

49.795(8)(b)2.

2. If the value of the food coupons exceeds $100, but is less than $5,000, a person who violates this section is guilty of a Class H felony.

49.795(8)(c)

(c) For any offense under this section, if the value of the food coupons is $5,000 or more, a person who violates this section is guilty of a Class G felony.

49.795(8)(d)

(d)

49.795(8)(d)1.

1. In addition to the penalties applicable under par. (a), (b) or (c), the court shall suspend a person who violates this section from participation in the food stamp program as follows:

49.795(8)(d)1.a.

a. For a first offense under this section, one year. The court may extend the suspension by not more than 18 months.

49.795(8)(d)1.b.

b. For a 2nd offense under this section, 2 years. The court may extend the suspension by not more than 18 months.

49.795(8)(d)1.c.

c. For a 3rd offense under this section, permanently.

49.795(8)(d)1m.

1m. In addition to the penalties applicable under par. (a), (b) or (c), a court shall permanently suspend from the food stamp program a person who has been convicted of an offense under 7 USC 2024 (b) or (c) involving an item covered by 7 USC 2024 (b) or (c) having a value of $500 or more.

49.795(8)(d)2.

2. The person may apply to the county department under s. 46.215, 46.22 or 46.23 or the federally recognized American Indian tribal governing body or, if the person is a supplier, to the federal department of agriculture for reinstatement following the period of suspension, if the suspension is not permanent.

49.795(8)(e)

(e)

49.795(8)(e)1.

1. If a court finds that a person traded a controlled substance, as defined in s. 961.01 (4), for food coupons, the court shall suspend the person from participation in the food stamp program as follows:

49.795(8)(e)1.a.

a. Upon the first such finding, for 2 years.

49.795(8)(e)1.b.

b. Upon the 2nd such finding, permanently.

49.795(8)(e)2.

2. If a court finds that a person traded firearms, ammunition or explosives for food coupons, the court shall suspend the person permanently from participation in the food stamp program.

49.795(8)(f)

(f) Notwithstanding par. (d), in addition to the penalties applicable under par. (a), (b) or (c), the court shall suspend from the food stamp program for a period of 10 years a person who fraudulently misstates or misrepresents his or her identity or place of residence for the purpose of receiving multiple benefits simultaneously under the food stamp program.

49.795 - ANNOT.

History: 2001 a. 16 s. 1656tz; Stats. 2001 s. 49.795; 2001 a. 109.