§ 26-2-306 — Trafficking in food stamps

(1) Any person who obtains, uses,
transfers, or disposes of food stamps in the manner specified in paragraphs (a) to
(c) of this subsection (1) commits the offense of trafficking in food stamps. A person
who traffics in food stamps includes:

(a) Any bona fide recipient of food stamps, or his authorized representative
who knowingly transfers food stamps to another who does not, or does not intend
to, use the said food stamps for the benefit of the food stamp household for whom
the food stamps were intended as the same is defined in the rules and regulations
of the state department;

(b) Any person who knowingly acquires, accepts, uses, or transfers to
another for consideration food stamps not issued to him or an authorized
representative or to a member of a food stamp household of which he is a member
by the state department or another authorized issuing agency in another state;

(c) Any person who knowingly receives, possesses, alters, transfers, or
redeems food stamps received, used, or transferred in violation of any federal
statute.

(2) Trafficking in food stamps is:

(a) (Deleted by amendment, L. 2007, p. 1696, � 15, effective July 1, 2007.)

(b) A petty offense if the amount is less than three hundred dollars;

(b.5) A class 2 misdemeanor if the amount is three hundred dollars or more
but less than one thousand dollars;

(b.7) A class 1 misdemeanor if the amount is one thousand dollars or more
but less than two thousand dollars;

(c) A class 6 felony if the amount is two thousand dollars or more but less
than five thousand dollars;

(d) A class 5 felony if the amount is five thousand dollars or more but less
than twenty thousand dollars;

(e) A class 4 felony if the amount is twenty thousand dollars or more but less
than one hundred thousand dollars;

(f) A class 3 felony if the amount is one hundred thousand dollars or more
but less than one million dollars; and

(g) A class 2 felony if the amount is one million dollars or more.

(3) When a person commits the offense of trafficking in food stamps twice or
more within a period of six months, two or more of the offenses may be aggregated
and charged in a single count, in which event the offenses so aggregated and
charged shall constitute a single offense.

(4) As used in this section, food stamps means coupons issued pursuant to
the federal Food Stamp Act, 7 U.S.C. 2011 to 2029, as amended.

Legislative History

Source: L. 88: Entire section added, p. 714, � 24, effective July 1. L. 93: (2) and (3) amended, p. 1737, � 31, effective July 1. L. 98: (2)(b) and (2)(c) amended, p. 1440, � 20, effective July 1; (2)(b), (2)(c), and (3) amended, p. 798, � 14, effective July 1. L. 2002: (2) amended, p. 1539, � 274, effective October 1. L. 2007: (2) and (3) amended, p. 1696, � 15, effective July 1. L. 2009: (3) amended, (HB 09-1334), ch. 244, p. 1100, � 5, effective May 11. L. 2021: (2)(b), (2)(b.5), (2)(c), and (2)(d) amended and (2)(b.7), (2)(e), (2)(f), and (2)(g) added, (SB 21-271), ch. 462, p. 3243, � 487, effective March 1, 2022. L. 2022: (3) amended, (HB 22-1229), ch. 68, p. 346, � 32, effective March 1.