(1)(a) Any person who obtains, or
any person who aids or abets another to obtain, food stamp coupons or
authorization to purchase cards or an electronic benefits transfer card or similar
credit card-type device through which food stamp benefits may be delivered to
which the person is not entitled, or food stamp coupons or authorization to
purchase cards or an electronic benefits transfer card or similar credit card-type
device through which food stamp benefits may be delivered the value of which is
greater than that to which the person is justly entitled by means of a willfully false
statement or representation, or by impersonation, or by any other fraudulent device
with intent to defeat the purposes of the food stamp program commits the crime of
theft, which crime shall be clas
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(1) (a) Any person who obtains, or
any person who aids or abets another to obtain, food stamp coupons or
authorization to purchase cards or an electronic benefits transfer card or similar
credit card-type device through which food stamp benefits may be delivered to
which the person is not entitled, or food stamp coupons or authorization to
purchase cards or an electronic benefits transfer card or similar credit card-type
device through which food stamp benefits may be delivered the value of which is
greater than that to which the person is justly entitled by means of a willfully false
statement or representation, or by impersonation, or by any other fraudulent device
with intent to defeat the purposes of the food stamp program commits the crime of
theft, which crime shall be classified in accordance with section 18-4-401 (2), C.R.S.,
and which crime shall be punished as provided in section 18-1.3-401, C.R.S., if the
crime is classified as a felony, or section 18-1.3-501, C.R.S., if the crime is classified
as a misdemeanor. Any person violating the provisions of this subsection (1) is
disqualified from participation in the food stamp program for one year for a first
offense, two years for a second offense, and permanently for a third or subsequent
offense. Any person convicted of trafficking in food stamp coupons as described in
this subsection (1) having a value of five hundred dollars or more shall be
permanently disqualified from the food stamp program.
(b) Any person found by the agency or convicted in a court of law of having
made a fraudulent statement or representation with respect to the identity or place
of residence of the person in order to receive multiple benefits simultaneously
under the food stamp program shall be disqualified from participating for a ten-year period.
(c) Any person found guilty by a court of law of purchasing controlled
substances, as defined in section 18-18-102 (5), C.R.S., with food stamp benefits
shall be disqualified from participation in the food stamp program for two years for
a first offense and permanently disqualified for the second offense. The
disqualification periods shall apply also to individuals with a felony conviction
entered on or after July 1, 1997, for possession, use, or distribution of controlled
substances if the conviction is directly related to the misuse of food stamp benefits.
An individual shall not be ineligible due to a drug conviction unless misuse of food
stamp benefits is part of the court findings.
(d) Any person who is found guilty by a court of law of trading ammunition or
explosives for food stamp benefits is disqualified permanently from participating in
the food stamp program.
(e) A state or federal court may extend a disqualification for up to an
additional eighteen months. Such disqualifications are mandatory and are in
addition to any other penalty imposed by law.
(1.5) Any person against whom a county department of human or social
services or the state department obtains a civil judgment in a state or federal court
of record in this state based on allegations that the person obtained or willfully
aided and abetted another to obtain food stamp coupons or authorization to
purchase cards or an electronic benefits transfer card or similar credit card-type
device through which food stamp benefits may be delivered the value of which is
greater than that to which the person is justly entitled by means of a willfully false
statement or representation, or by impersonation, or by any other fraudulent device
with intent to defeat the purposes of the food stamp program, is disqualified from
participation in the food stamp program for one year for a first incident, two years
for a second incident, and permanently for a third or subsequent incident. Such
disqualifications are mandatory and are in addition to any other remedy available to
a judgment creditor.
(2) If, at any time during the continuance of participation in the food stamp
program, the recipient of food stamp coupons or authorization to purchase cards
knowingly acquires any property or receives any increase in income or property, or
both, in excess of that declared at the time of determination or redetermination of
eligibility or if there is any other change in circumstances affecting the recipient's
eligibility or the amount of food stamp coupons or authorization to purchase cards
to which he or she is entitled, it is the duty of the recipient to notify the county
department, or the state department in food stamp districts administered by the
state department, of any such acquisition, receipt, or change in accordance with
state department regulations; and any recipient of food stamp coupons or
authorization to purchase cards who knowingly fails to do so, and who by such
failure receives benefits in excess of those to which he or she was in fact entitled,
commits a petty offense and shall be punished as provided in section 18-1.3-503.
(3) The county department, or the state department in food stamp districts
administered by the state department, shall use an application form which contains
appropriate and conspicuous notice of the penalties for fraud and shall deliver to
each recipient with the first issuance of food stamp coupons or authorization to
purchase cards and each redetermination thereafter a written notice explaining
what changes in circumstances require notification to the county department or
state department under subsection (2) of this section.
(4) Additional costs incurred by district attorneys in enforcing this section, in
accordance with the rules of the state department, shall be billed to county
departments in the judicial district in the proportion to each county as specified in
section 20-1-302, C.R.S., and the county departments shall pay such costs as an
expense of food stamp administration.