2005 California Welfare and Institutions Code Sections 10980 CHAPTER 9. PENALTIES

WELFARE AND INSTITUTIONS CODE
SECTION 10980

10980.  (a) Any person who, willfully and knowingly, with the intent
to deceive, makes a false statement or representation or knowingly
fails to disclose a material fact in order to obtain aid under the
provisions of this division or who, knowing he or she is not entitled
thereto, attempts to obtain aid or to continue to receive aid to
which he or she is not entitled, or to receive a larger amount than
that to which he or she is legally entitled, is guilty of a
misdemeanor, punishable by imprisonment in the county jail for a
period of not more than six months, by a fine of not more than five
hundred dollars ($500), or by both imprisonment and fine.
   (b) Any person who knowingly makes more than one application for
aid under the provisions of this division with the intent of
establishing multiple entitlements for any person for the same period
or who makes an application for that aid for a fictitious or
nonexistent person or by claiming a false identity for any person is
guilty of a felony, punishable by imprisonment in the state prison
for a period of 16 months, two years, or three years, by a fine of
not more than five thousand dollars ($5,000), or by both imprisonment
and fine; or by imprisonment in the county jail for a period of not
more than one year, or by a fine of not more than one thousand
dollars ($1,000), or by both imprisonment and fine.
   (c) Whenever any person has, willfully and knowingly, with the
intent to deceive, by means of false statement or representation, or
by failing to disclose a material fact, or by impersonation or other
fraudulent device, obtained or retained aid under the provisions of
this division for himself or herself or for a child not in fact
entitled thereto, the person obtaining this aid shall be punished as
follows:
   (1) If the total amount of the aid obtained or retained is four
hundred dollars ($400) or less, by imprisonment in the county jail
for a period of not more than six months, by a fine of not more than
five hundred dollars ($500), or by both imprisonment and fine.
   (2) If the total amount of the aid obtained or retained is more
than four hundred dollars ($400), by imprisonment in the state prison
for a period of 16 months, two years, or three years, by a fine of
not more than five thousand dollars ($5,000), or by both imprisonment
and fine; or by imprisonment in the county jail for a period of not
more than one year, by a fine of not more than one thousand dollars
($1,000), or by both imprisonment and fine.
   (d) Any person who knowingly uses, transfers, acquires, or
possesses blank authorizations to participate in the federal Food
Stamp Program in any manner not authorized by Chapter 10 (commencing
with Section 18900) of Part 6 with the intent to defraud is guilty of
a felony, punishable by imprisonment in the state prison for a
period of 16 months, two years, or three years, by a fine of not more
than five thousand dollars ($5,000), or by both imprisonment and
fine.
   (e) Any person who counterfeits or alters or knowingly uses,
transfers, acquires, or possesses counterfeited or altered
authorizations to participate in the federal Food Stamp Program or to
receive food stamps or electronically transferred benefits in any
manner not authorized by the Food Stamp Act of 1964 (Public Law
88-525 and all amendments thereto) or the federal regulations
pursuant to the act is guilty of forgery.
   (f) Any person who fraudulently appropriates food stamps,
electronically transferred benefits, or authorizations to participate
in the federal Food Stamp Program with which he or she has been
entrusted pursuant to his or her duties as a public employee is
guilty of embezzlement of public funds.
   (g) Any person who knowingly uses, transfers, sells, purchases, or
possesses food stamps, electronically transferred benefits, or
authorizations to participate in the federal Food Stamp Program in
any manner not authorized by Chapter 10 (commencing with Section
18900), of Part 6, or by the federal Food Stamp Act of 1977 (Public
Law 95-113 and all amendments thereto) (1) is guilty of a misdemeanor
if the face value of the food stamp benefits or the authorizations
to participate is four hundred dollars ($400) or less, and shall be
punished by imprisonment in the county jail for a period of not more
than six months, by a fine of not more than five hundred dollars
($500), or by both imprisonment and fine, or (2) is guilty of a
felony if the face value of the food stamps or the authorizations to
participate exceeds four hundred dollars ($400), and shall be
punished by imprisonment in the state prison for a period of 16
months, two years, or three years, by a fine of not more than five
thousand dollars ($5,000), or by both imprisonment and fine, or by
imprisonment in the county jail for a period of not more than one
year, or by a fine of not more than one thousand dollars ($1,000), or
by both imprisonment and fine.
   (h) (1) If the violation of subdivision (f) or (g) is committed by
means of an electronic transfer of benefits, in addition and
consecutive to the penalties for the violation, or attempted
violation, of those subdivisions, the court shall impose the
following punishment:
   (A) If the electronic transfer of benefits exceeds fifty thousand
dollars ($50,000), an additional term of one year in state prison.
   (B) If the electronic transfer of benefits exceeds one hundred
fifty thousand dollars ($150,000), an additional term of two years in
state prison.
   (C) If the electronic transfer of benefits exceeds one million
dollars ($1,000,000), an additional term of three years in state
prison.
   (D) If the electronic transfer of benefits exceeds two million
five hundred thousand dollars ($2,500,000), an additional term of
four years.
   (2) In any accusatory pleading involving multiple charges of
violations of subdivision (f) or (g), or both, committed by means of
an electronic transfer of benefits, the additional terms provided in
paragraph (1) may be imposed if the aggregate losses to the victims
from all violations exceed the amounts specified in this paragraph
and arise from a common scheme or plan.
   (i) A person who is punished by an additional term of imprisonment
under another provision of law for a violation of subdivision (f) or
(g) shall not receive an additional term of imprisonment under
subdivision (h).


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