Oklahoma § 56-243 - Food stamp fraud - Penalties

§ 56-243. Food stamp fraud - Penalties

A. No person shall:

1. Obtain;

2. Attempt to obtain;

3. Aid;

4. Abet;

5. Assist any person to obtain, by means of:

a.

a false statement or representation,

b.

false impersonation,

c.

a fictitious transfer, conveyance or encumbrance of

property or income,

Oklahoma Statutes - Title 56. Poor Persons

d.

knowing and willful failure to report to the

Department of Human Services:

(1) income,

(2) personal property,

(3) real property,

(4) household members, or

(5) other eligibility factors,

at the time of application or during a period of

receipt of assistance, or

e.

any other fraudulent device:

(1) food stamps or coupons, or any benefit or debit

card or any other device authorizing

participation in the food stamp program, to which

such applicant for food stamps or coupons, or any

benefit or debit card or any other device

authorizing participation in the food stamp

program is not entitled, or

(2) a greater amount of food stamps or coupons, or a

greater number of benefit or debit cards or any

other device authorizing participation in the

food stamp program than that amount or number

which such applicant for food stamps or coupons,

or any benefit or debit card or any other device

authorizing participation in the food stamp

program is justly entitled to;

6. Acquire, possess, use or transfer food stamps or coupons, or

any benefit or debit card or any other device authorizing

participation in the food stamp program that has been issued to

another person, except as authorized by this act and the rules of

the Department of Human Services;

7. Acquire or transfer food stamps or coupons, or any benefit

or debit card or any other device authorizing participation in the

food stamp program, except in exchange for food or food products for

human consumption. For purposes of this paragraph, the phrase "food

or food products for human consumption" shall not be construed as

including alcoholic beverages, tobacco, beer, or imported foods; or

8. Transfer any food stamps or coupons, or any benefit or debit

card or any other device authorizing participation in the food stamp

program, to a person who is not authorized by this act and rules of

the Department of Human Services to acquire, possess, or use the

transferred food stamps or coupons, or any benefit or debit card or

any other device authorizing participation in the food stamp

program.

B. 1. Any person, firm or corporation who violates any of the

provisions of this section shall be guilty of a:

a.

misdemeanor, if the aggregate amount of food stamps or

coupons, or the aggregate value of any benefit or

Oklahoma Statutes - Title 56. Poor Persons

debit card or any other device authorizing

participation in the food stamp program obtained or

transferred is Five Hundred Dollars ($500.00) or less,

and, upon conviction thereof, shall be punishable by a

fine of not more than Five Hundred Dollars ($500.00),

or by imprisonment in the county jail for not more

than three (3) months, or by both such fine and

imprisonment, in the discretion of the court, or

b.

Class D3 felony offense, if the aggregate amount of

food stamps or coupons, or the aggregate value of any

benefit card or debit card or any other device

authorizing participation in the food stamp program

obtained or transferred is in excess of Five Hundred

Dollars ($500.00), and, upon conviction thereof, shall

be punishable by a fine of not more than Five Thousand

Dollars ($5,000.00), or by imprisonment as provided

for in subsections B through F of Section 20P of Title

21 of the Oklahoma Statutes, or by both such fine and

imprisonment, in the discretion of the court.

2. Any store which allows purchases of prohibited items shall

not be allowed to participate in the program.

3. Any person, firm or corporation who knowingly traffics in

food stamps or coupons of an aggregate value of One Hundred Dollars

($100.00) or less, or any benefit or debit card or any other device

authorizing participation in the food stamp program with an

aggregate value of One Hundred Dollars ($100.00) or less, shall,

upon conviction, be guilty of a misdemeanor, punishable by a fine of

not more than Five Hundred Dollars ($500.00), by imprisonment in the

county jail for not more than three (3) months, or by both such fine

and imprisonment, in the discretion of the court.

4. Any person, firm or corporation who knowingly traffics in

food stamps or coupons of an aggregate value exceeding One Hundred

Dollars ($100.00), or any benefit or debit card or any other device

authorizing participation in the food stamp program with an

aggregate value exceeding One Hundred Dollars ($100.00), shall, upon

conviction, be guilty of a Class D3 felony offense, punishable by a

fine of not more than Five Thousand Dollars ($5,000.00), by

imprisonment as provided for in subsections B through F of Section

20P of Title 21 of the Oklahoma Statutes, or by both such fine and

imprisonment, in the discretion of the court.

5. Any district attorney who enters into a deferred

adjudication or who negotiates for a deferred sentence with a

defendant charged with a violation of the provisions of this section

shall present the defendant with a disqualification consent

agreement as part of the deferred adjudication or sentence.

C. As used in this section, "to traffic or trafficking in food

stamps" means:

Oklahoma Statutes - Title 56. Poor Persons

1. The buying, selling, stealing, or otherwise effecting an

exchange of food stamp benefits issued and accessed via electronic

benefit transfer cards, benefit or debit cards, card numbers and

personal identification numbers, or by manual voucher and signature,

for cash or consideration other than eligible food, either directly,

indirectly, in complicity or collusion with others, or acting alone;

2. The exchange of firearms, ammunition, explosives, or

controlled substances, as defined in Section 802 of Title 21 of the

United States Code, for food stamp benefits or food stamp electronic

benefit transfer cards, benefit or debit cards;

3. The possession of stolen food stamp electronic benefit

transfer cards, benefit or debit cards;

4. Purchasing a product with food stamp benefits that has a

container requiring a return deposit with the intent of obtaining

cash by discarding the product and returning the container for the

deposit amount, intentionally discarding the product, and

intentionally returning the container for the deposit amount;

5. Purchasing a product with food stamp benefits with the

intent of obtaining cash or consideration other than eligible food

by reselling the product, and subsequently intentionally reselling

the product purchased with food stamp benefits in exchange for cash

or consideration other than eligible food; or

6. Intentionally purchasing products originally purchased with

food stamp benefits in exchange for cash or consideration other than

eligible food.

Added by Laws 1972, c. 62, § 3, operative July 1, 1972. Amended by

Laws 1975, c. 88, § 1, emerg. eff. April 25, 1975; Laws 1985, c. 58,

§ 2, eff. Nov. 1, 1985; Laws 1993, c. 156, § 1, emerg. eff. May 7,

1993; Laws 1996, c. 88, § 1, emerg. eff. April 15, 1996; Laws 1997,

c. 133, § 500, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c. 5, §

365, eff. July 1, 1999; Laws 2013, c. 223, § 1, eff. Nov. 1, 2013;

Laws 2014, c. 173, § 1, eff. Nov. 1, 2014; Laws 2025, c. 486, § 720,

eff. Jan. 1, 2026.

NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective

date of Laws 1997, c. 133, § 500 from July 1, 1998, to July 1, 1999.