18c7314s

§ 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).

18c7314v

(Nov. 22, 1995, P.L.621, No.66, eff. 60 days; Oct. 24, 2018, P.L.1159, No.160, eff. 60 days)

 

Cross References.  Section 7314 is referred to in section 531 of Title 62 (Procurement).