[food order] SNAP benefit coupons, stamps, authorization cards
or access devices in exchange for any merchandise or article
except food, as defined by the United States Department of
Agriculture, or Federal [food order] SNAP benefit coupons,
stamps, authorization cards or access devices in exchange for
merchandise or articles, not defined by the United States
Department of Agriculture to be surplus foods.
(b) Grading.--A person who violates this section commits a
felony of the third degree if the amount involved is $1,000 or
more. If the amount involved is less than $1,000, the person
commits a misdemeanor of the first degree. Amounts involved in
buying or exchanging Federal [food order] SNAP benefit coupons,
stamps, authorization cards or access devices 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.
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Access device." The Pennsylvania ACCESS card or electronic
benefit transfer card.
"Authorization card." The paper authorization to participate
that a person signs and then exchanges for the designated amount
of food coupons at a bank.
"SNAP benefit." The value of supplemental nutrition
assistance provided to a household for the purchase of eligible
foods as defined in 7 CFR 271.2 (relating to definitions).
§ 7314. Fraudulent traffic in [food orders] Supplemental
Nutrition Assistance Program (SNAP) benefits.
(a) Offense defined.--A person commits the offense of
fraudulent traffic in [food orders] 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 [food order]
SNAP benefit, or furnishes or delivers food on or in exchange
for a [food order] SNAP benefit to any person, other than the
original recipient of the [order] SNAP benefit, or in quantities
or for prices other than those itemized on the [food order] SNAP
benefit at the time the food is furnished or delivered.
(a.1) Grading.--[A person who violates this section commits
a felony of the third degree if the amount involved is $1,000 or
more. If the amount involved is less than $1,000, the person
commits a misdemeanor of the first degree. Amounts involved in
fraudulent traffic in food orders 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.]
(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
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