Colorado § 26-2-306 - Trafficking in food stamps.

§ 26-2-306. Trafficking in food stamps.

(1) Any person who obtains, uses, transfers, or disposes of food stamps in the manner specified in paragraphs (a) to (c) of this subsection (1) commits the offense of trafficking in food stamps. A person who traffics in food stamps includes:

(a) Any bona fide recipient of food stamps, or his authorized representative who knowingly transfers food stamps to another who does not, or does not intend to, use the said food stamps for the benefit of the food stamp household for whom the food stamps were intended as the same is defined in the rules and regulations of the state department;

(b) Any person who knowingly acquires, accepts, uses, or transfers to another for consideration food stamps not issued to him or an authorized representative or to a member of a food stamp household of which he is a member by the state department or another authorized issuing agency in another state;

(c) Any person who knowingly receives, possesses, alters, transfers, or redeems food stamps received, used, or transferred in violation of any federal statute.

(2) Trafficking in food stamps is:

(a) (Deleted by amendment, L. 2007, p. 1696, § 15, effective July 1, 2007.)

(b) A petty offense if the amount is less than three hundred dollars;

(b.5) A class 2 misdemeanor if the amount is three hundred dollars or more but less than one thousand dollars;

(b.7) A class 1 misdemeanor if the amount is one thousand dollars or more but less than two thousand dollars;

(c) A class 6 felony if the amount is two thousand dollars or more but less than five thousand dollars;

(d) A class 5 felony if the amount is five thousand dollars or more but less than twenty thousand dollars;

(e) A class 4 felony if the amount is twenty thousand dollars or more but less than one hundred thousand dollars;

(f) A class 3 felony if the amount is one hundred thousand dollars or more but less than one million dollars; and

(g) A class 2 felony if the amount is one million dollars or more.

(3) When a person commits the offense of trafficking in food stamps twice or more within a period of six months, two or more of the offenses may be aggregated and charged in a single count, in which event the offenses so aggregated and charged shall constitute a single offense.

(4) As used in this section, "food stamps" means coupons issued pursuant to the federal "Food Stamp Act", 7 U.S.C. 2011 to 2029, as amended.

Source: L. 88: Entire section added, p. 714, § 24, effective July 1. L. 93: (2) and (3) amended, p. 1737, § 31, effective July 1. L. 98: (2)(b) and (2)(c) amended, p. 1440, § 20, effective July 1; (2)(b), (2)(c), and (3) amended, p. 798, § 14, effective July 1. L. 2002: (2) amended, p. 1539, § 274, effective October 1. L. 2007: (2) and (3) amended, p. 1696, § 15, effective July 1. L. 2009: (3) amended, (HB 09-1334), ch. 244, p. 1100, § 5, effective May 11. L. 2021: (2)(b), (2)(b.5), (2)(c), and (2)(d) amended and (2)(b.7), (2)(e), (2)(f), and (2)(g) added, (SB 21-271), ch. 462, p. 3243, § 487, effective March 1, 2022. L. 2022: (3) amended, (HB 22-1229), ch. 68, p. 346, § 32, effective March 1.

Editor's note: Section 47 of chapter 68 (HB 22-1229),Session Laws of Colorado 2022, provides that the act amending subsection (3) is effective March 1, 2022, but the governor did not approve the act until April 7, 2022.

Cross references: (1) For other fraudulent acts relating to public assistance, see § 26-1-127.

(2) For the legislative declaration contained in the 2002 act amending subsection (2), see section 1 of chapter 318, Session Laws of Colorado 2002; for the legislative declaration contained in the 2007 act amending subsections (2) and (3), see section 1 of chapter 384, Session Laws of Colorado 2007; for the legislative declaration contained in the 2009 act amending subsection (3), see section 5 of chapter 244, Session Laws of Colorado 2009.

ANNOTATION

Law reviews. For article, "Criminal Law", which discusses a Tenth Circuit decision dealing with food stamp fraud, see 61 Den. L.J. 269 (1984).