Section 946.92. Food stamp offenses.

 

(1)  In this section:

(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).

(b) “Food" means items that may be purchased using food stamp program benefits under 7 USC 2016 (b).

(c) “Food stamp program" means the federal food stamp program under 7 USC 2011 to 2036a .

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

(dm) “Traffic food stamp program benefits" means to do any of the following:

1. Buy, sell, steal, or otherwise accomplish the exchange of, directly, indirectly, in collusion with others, or individually, food stamp program benefits issued and accessed through the electronic benefit transfer program under s. 49.797 , or by manual voucher and signature, for cash or other consideration that is not food.

2. Exchange firearms, ammunition, explosives, or controlled substances, as defined in 21 USC 802 , for food stamp program benefits.

3. Use food stamp program benefits to purchase food that includes a container deposit for the sole purpose of discarding the container contents and returning the container for a cash refund of the deposit.

4. Resell food purchased with food stamp program benefits for the purpose of obtaining cash or other consideration that is not food.

5. Purchase, for cash or other consideration that is not food, food that was previously purchased from a supplier using food stamp program benefits.

6. Any other action that is trafficking under 7 USC 2011 to 2036a .

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

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

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

3. An eligible person.

4. A supplier.

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

(2)  

(a) 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.

(b) 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.

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

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

(e) No supplier may knowingly obtain food stamp program benefits except as payment for food or knowingly obtain food stamp program benefits from a person who is not an eligible person.

(f) No unauthorized person may knowingly obtain, possess, transfer, or use food stamp program benefits.

(g) No person may knowingly traffic food stamp program benefits.

(3)  

(a) Whoever violates sub. (2) is subject to the following penalties:

1. If the value of the food stamp program benefits does not exceed $100, a Class B misdemeanor.

2. Except as provided in subd. 3. , if the value of the food stamp program benefits exceeds $100, but is less than $5,000, a Class I felony.

3. If the value of the food stamp program benefits exceeds $100, but is less than $5,000, and the person has a prior conviction under this section, a Class H felony.

4. If the value of the food stamp program benefits is $5,000 or more, a Class G felony.

(b) In addition to the penalties applicable under par. (a) , the court shall suspend a person who violates sub. (2) from participation in the food stamp program as follows:

1. For a first conviction under this section, for not less than one year and not more than 2 years and 6 months.

2. For a 2nd conviction under this section, for not less than 2 years and not more than 3 years and 6 months.

3. For a 3rd conviction under this section, permanently.

(c) In addition to the penalties applicable under par. (a) , 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.

(d)

1. If a person violated sub. (2) by trading a controlled substance, as defined in s. 961.01 (4) , for food stamp program benefits, the court shall suspend the person from participation in the food stamp program as follows:

a. Upon a first conviction, for 2 years.

b. Upon a 2nd conviction, permanently.

2. If a person violated sub. (2) by trading firearms, ammunition, or explosives for food stamp program benefits, the court shall suspend the person permanently from participation in the food stamp program.

(e) Notwithstanding pars. (b) and (c) , in addition to the penalties applicable under par. (a) , the court shall suspend from the food stamp program for a period of 10 years a person who violates sub. (2) by fraudulently misstating or misrepresenting his or her identity or place of residence for the purpose of receiving multiple benefits simultaneously under the food stamp program.

2013 a. 226 ss. 35 , 36 , 38 , 41 , 42 , 44 , 55 ; Stats. 2013 s. 946.92; 2015 a. 195 s. 82 .