2009 Louisiana Laws TITLE 14 Criminal law :: RS 14:68.2 Unauthorized use of food stamp coupons, food stamp authorization cards, or food stamp access devices

§68.2.  Unauthorized use of food stamp coupons, food stamp authorization cards, or food stamp access devices

A.  As used in this Section the following terms have the following meanings:

(1)  "Food stamp coupon" means any coupon, stamp, or type of certificate issued pursuant to the provisions of the Federal Food Stamp Act, 7 USC §2011 et seq.

(2)  "Food stamp authorization card" means the document issued by the Department of Children and Family Services to an eligible household which shows the allotment of food stamp coupons the household is entitled to be issued.

(3)  "Food stamp access device" means any card, plate, code account access number, or other means of access that can be used, alone or in conjunction with another access device, to obtain payment, allotments, benefits, money, goods, or other things of value or that can be used to initiate a transfer of funds pursuant to the provisions of the Federal Food Stamp Act.

B.  The unauthorized use of food stamp coupons, food stamp authorization cards, or food stamp access devices is:

(1)  To knowingly use, transfer, acquire, alter, or possess food stamp coupons, food stamp authorization cards, or food stamp access devices contrary to the provisions of the Federal Food Stamp Act or the federal or state regulations issued pursuant thereto.

(2)  To knowingly counterfeit, alter, transfer, acquire, or possess counterfeited or altered food stamp coupons, food stamp authorization cards, or food stamp access devices.

(3)  To present or cause to be presented food stamp coupons for payment or redemption, knowing the same to have been counterfeited, altered, received, transferred, or used in any manner contrary to the provisions of the Federal Food Stamp Act or the federal or state regulations issued pursuant thereto.

(4)  To knowingly appropriate food stamp coupons, food stamp authorization cards, or food stamp access devices with which a person has been entrusted or of which a person has gained possession by virtue of his position as a public employee.

C.(1)  Whoever commits the crime of unauthorized use of food stamp coupons, food stamp authorization cards, or food stamp access devices when the coupons, authorization cards, or access devices amount to a value of one thousand five hundred dollars or more shall be imprisoned, with or without hard labor, for not more than ten years, or may be fined not more than three thousand dollars, or both.

(2)  When the coupons, authorization cards, or access devices amount to a value of five hundred dollars or more, but less than one thousand five hundred dollars, the offender shall be imprisoned, with or without hard labor, for not more than five years or may be fined not more than two thousand dollars, or both.

(3)  When the coupons, authorization cards, or access devices amount to less than a value of five hundred dollars, the offender shall be imprisoned for not more than six months or may be fined not more than five hundred dollars, or both.

D.  If the offender in such cases has been convicted under this Section two or more times previously, upon any subsequent conviction he shall be imprisoned, with or without hard labor, for not more than two years, or may be fined not more than one thousand dollars, or both.

E.  In addition to the foregoing penalties, a person convicted under this Section shall be ordered to make restitution in the total amount found to be the value of the coupons which form the basis for the conviction.  If a person ordered to make restitution pursuant to this Section is found to be indigent and therefore unable to make restitution in full at the time of conviction, the court shall order a periodic payment plan consistent with the person's financial ability.

Acts 1991, No. 187, §1, eff. July 2, 1991; Acts 2006, No. 143, §1; Acts 2010, No. 585, §1.