State v. Farmer

669 P.2d 1240, 100 Wash. 2d 334, 1983 Wash. LEXIS 1737
CourtWashington Supreme Court
DecidedSeptember 29, 1983
DocketNo. 49249-2
StatusPublished
Cited by1 cases

This text of 669 P.2d 1240 (State v. Farmer) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Farmer, 669 P.2d 1240, 100 Wash. 2d 334, 1983 Wash. LEXIS 1737 (Wash. 1983).

Opinions

Dimmick, J.

We answer in the affirmative the following issue certified to us by the Court of Appeals:

Whether food stamps are "public assistance" for the purpose of charging a defendant with unlawfully obtaining assistance pursuant to RCW 74.08.331 and RCW 9A.56.030.

The facts are undisputed. Farmer applied for and received welfare benefits consisting of payments under the state assistance program for Aid to Families with Dependent Children (AFDC) and food stamp allotments. Thereafter Farmer accepted temporary employment. She did not report the income she received from this job although she was aware of her responsibility to do so.

The State charged Farmer with fraudulently obtaining public assistance under RCW 74.08.331. The Department of Social and Health Services computed the overpayment of benefits to be $1,545.34, consisting of $987.34 in AFDC benefits and $558 in food stamp allotments. Because the total amount of overpayment exceeded $1,500, Farmer was charged with theft in the first degree, a class B felony. [336]*336RCW 9A.56.030; State v. Sass, 94 Wn.2d 721, 620 P.2d 79 (1980). Farmer was also charged with perjury under RCW 74.08.055.

Farmer moved to dismiss the theft charge, arguing that RCW 74.08.331 represented an unconstitutional delegation of legislative authority to define a crime, and that the statute was unconstitutionally vague. The trial court denied this motion and Farmer does not appeal that ruling. Farmer subsequently moved to have the amount of money attributable to food stamps stricken from the total amount of overpayment relied upon for the criminal charge. The court sustained this motion, finding that food stamps are not public assistance for the purposes of RCW 74.08.331. This reduced the total amount of overpayment to $987.34, below the amount necessary for theft in the first degree. The court ruled that the prosecutor could proceed to trial if the information was amended to charge Farmer with second degree theft, a class C felony. RCW 9A.56.040. The State sought discretionary review of this ruling, which was granted by the Court of Appeals. The case was then certified to us.

The governing statute, RCW 74.08.331, provides in pertinent part as follows:

Any person who by means of a wilfully false statement, or representation, or impersonation, or a wilful failure to reveal any material fact, condition or circumstance affecting eligibility of need for assistance, including medical care, surplus commodities and food stamps, as required by law, or a wilful failure to promptly notify the county office in writing as required by law or any change in status in respect to resources, or income, or need, or family composition, money contribution and other support, from whatever source derived, or any other change in circumstances affecting his eligibility or need for assistance, or other fraudulent device, obtains, or attempts to obtain, or aids or abets any person to obtain any public assistance to which he is not entitled or greater public assistance than that to which he is justly entitled shall be guilty of [theft].

(Italics ours.)

[337]*337Farmer contends this statute is ambiguous as to whether food stamps are "public assistance". Although the statute could have been more precisely written, it is not ambiguous in this regard. Food stamps are clearly included in the definition of "assistance". Respondent, however, perceives a distinction between "assistance" as used in the first part of the statute and "public assistance" as used in the second part of the statute. The statutory scheme does not support this distinction. RCW Title 74 is entitled "Public Assistance" and includes sections relating to the food stamp program. RCW 74.04.500-.527. The definitional section of RCW Title 74 uses "public assistance" and "assistance" in the alternative, making no distinction between the two. RCW 74.04.005(1).

Further, RCW 74.04.005(1) includes within the definition of "public assistance" "federal-aid assistance" which in turn includes the food stamp program. Federal-aid assistance is defined as:

The specific categories of assistance for which provision is made in any federal law existing or hereafter passed by which payments are made from the federal government to the state in aid or in respect to payment by the state for public assistance rendered to any category of needy persons for which provision for federal funds or aid may from time to time be made, or a federally administered needs-based program.

RCW 74.04.005(5). A brief overview of the statutes and policies underlying the food stamp program makes it readily apparent that the food stamp program is within this definition of federal-aid assistance.

Congress enacted the food stamp program as a welfare program

to safeguard the health and well-being of the Nation's population by raising levels of nutrition among low-income households. Congress finds that the limited food purchasing power of low-income households contributes to hunger and malnutrition among members of such households. ... To alleviate such hunger and malnutrition, a food stamp program is herein authorized which [338]*338will permit low-income households to obtain a more nutritious diet through normal channels of trade by increasing food purchasing power for all eligible households who apply for participation.

7 U.S.C. § 2011 (Supp. 4, 1980). Pursuant to this policy, Congress established the food stamp program in section 2013(a).

Subject to the availability of funds appropriated under section 2027 of this title, the Secretary is authorized to formulate and administer a food stamp program under which, at the request of the State agency, eligible households within the State shall be provided an opportunity to obtain a more nutritious diet through the issuance to them of an allotment.

7 U.S.C.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Adelina A Moreno
W.D. Washington, 2021

Cite This Page — Counsel Stack

Bluebook (online)
669 P.2d 1240, 100 Wash. 2d 334, 1983 Wash. LEXIS 1737, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-farmer-wash-1983.