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§ 7314. Fraudulent traffic in Supplemental Nutrition Assistance Program (SNAP) benefits

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 18 Pa.C.S.A. Crimes and OffensesEffective: December 24, 2018

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses (Refs & Annos)
Article G. Miscellaneous Offenses (Refs & Annos)
Chapter 73. Trade and Commerce
Subchapter A. Definition of Offenses Generally
Effective: December 24, 2018
18 Pa.C.S.A. § 7314
§ 7314. Fraudulent traffic in Supplemental Nutrition Assistance Program (SNAP) benefits
(a) Offense defined.--A person commits the offense of fraudulent traffic in SNAP benefits if he, whether acting for himself or for another, directly or indirectly, furnishes or delivers to any person money, merchandise, or anything other than food, on or in exchange for a SNAP benefit, or furnishes or delivers food on or in exchange for a SNAP benefit to any person, other than the original recipient of the SNAP benefit, or in quantities or for prices other than those itemized on the SNAP benefit at the time the food is furnished or delivered.
(a.1) Grading.--
(1) A person who violates this section commits:
(i) A felony of the second degree if the amount involved is $2,500 or more.
(ii) A felony of the third degree if the amount involved is $1,000 or more, but less than $2,500.
(iii) A misdemeanor of the first degree if the amount involved is less than $1,000.
(2) Amounts involved in fraudulent traffic in SNAP benefits committed pursuant to one scheme or course of conduct, whether from the same person or several persons, shall be aggregated in determining the grade of the offense.
(b) Additional penalty.--In addition to the penalties otherwise prescribed and any restitution ordered, the defendant shall also be ordered to pay to the agency which shall have issued such SNAP benefit, not less than two times, but not more than three times the amount of restitution ordered.
(b.1) Referral.--If the defendant is commercially licensed by the Commonwealth or one of its political subdivisions, the Office of State Inspector General may refer a violation of this section to the licensing entity for action by the licensing entity as provided under law.
(c) Exception.--Subsection (a) of this section shall not apply to the negotiation of a SNAP benefit after food to the full amount of the SNAP benefit shall have been furnished thereon to the original recipient of the SNAP benefit.
(d) Definition.--As used in this section, the term “SNAP benefit” means the value of supplemental nutrition assistance provided to a household for the purchase of eligible food as defined in 7 CFR 271.2 (relating to definitions).

Credits

1972, Dec. 6, P.L. 1482, No. 334, § 1, effective June 6, 1973. Amended 1995, Nov. 22, P.L. 621, No. 66, § 8, effective in 60 days; 2018, Oct. 24, P.L. 1159, No. 160, § 1, effective in 60 days [Dec. 24, 2018].
18 Pa.C.S.A. § 7314, PA ST 18 Pa.C.S.A. § 7314
Current through Act 4 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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