Library: Policy
340:50-15-27. Other penalties for misuse of benefits
Revised 6-1-09
Section 243 of Title 56 of the Oklahoma Statutes provides for penalties due to misuse of food benefits for those recipients who receive benefits fraudulently. • 1 Federal penalties for misuse of food benefits are found in Section 15 (b) and (c) of the Food and Nutrition Act of 2008 [7 U.S.C. § 2024]. • 2
Revised 6-1-09
1.Oklahoma Statutes stipulate any person who receives food benefits fraudulently shall be guilty of a misdemeanor if the amount of food benefits is $500 or be imprisoned at the discretion of the court.Also, if one is found guilty of a felony, food benefits obtained or transferred in excess of $500 and upon conviction shall be fined not more than $5,000 or be imprisoned for not more than two years or by both such fine and imprisonment at the discretion of the court.In addition, federal law provides grounds for potential federal prosecution of food benefit abuse.
2.(a) Section 15(b) of the Food and Nutrition Act of 2008 states, "Whoever knowingly uses, transfers, acquires, alters, or possesses coupons or authorization cards in any manner not authorized by this Act or the regulations issued pursuant to this Act shall, if such coupons or authorization cards are of the value of $100 or more, be guilty of a felony and shall, upon conviction thereof, be fined not more than $10,000 or imprisoned for not more than five years, or both, or if such coupons or authorization cards are of a value of less than $100, shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined not more than $1,000 or imprisoned for not more than one year, or both."
(b) Section 15(c) of the Food and Nutrition Act of 2008 states, "Whoever presents, or causes to be presented, coupons for payments or redemption of the value of $100 or more, knowing the same to have been received, transferred, or used in any manner in violation of the provisions of the Act or the regulations issued pursuant to this Act shall be guilty of a felony and shall, upon conviction thereof, be fined not more than $10,000 or imprisoned for not more than five years, or both, or, if such coupons are of a value of less than $100, shall be guilty of a misdemeanor and shall, upon conviction there of, be fined not more than $1,000 or imprisoned for not more than one year, or both."