2012 Nebraska Revised Statutes
Chapter 71 - PUBLIC HEALTH AND WELFARE
71-2229 - Using benefits; prohibited acts; violation; penalty.
(1) A person commits an offense if he, she, or it knowingly and unlawfully uses, alters, or transfers a food instrument or supplemental food. An offense under this subsection shall be a Class III misdemeanor if the value of the food instrument or benefit is less than five hundred dollars and shall be a Class IV felony if the value of the food instrument or benefit is five hundred dollars or more.
(2) A person commits an offense if he, she, or it (a) knowingly and unlawfully possesses a food instrument or supplemental food, (b) knowingly and unlawfully redeems a food instrument, (c) knowingly falsifies or misapplies a food instrument, or (d) fraudulently obtains a food instrument. An offense under this subsection shall be a Class III misdemeanor if the value of the food instrument or benefit is less than five hundred dollars and shall be a Class IV felony if the value of the food instrument or benefit is five hundred dollars or more.
(3) A person commits an offense if he, she, or it knowingly and unlawfully possesses a blank authorization to participate in the WIC program or CSF program. An offense under this subsection shall be a Class IV felony.
(4) When food instruments or supplemental foods are obtained in violation of this section pursuant to one scheme or a continuing course of conduct, whether from the same or several sources, such conduct may be considered as one offense and the values aggregated in determining the grade of the offense.
- Laws 1987, LB 643, § 21;
Laws 1989, LB 344, § 25.