16 Del. Admin. Code § 9000-9002

Current through Register Vol. 28, No. 7, January 1, 2025

Section 9000-9002 - Penalties

[271.5(b)]

(a) Any unauthorized issuance, use, transfer, acquisition, alteration, possession, or presentation of Food Stamp benefits may subject any individual, partnership, corporation, or other legal entity to prosecution under sections 15(b) and (c) of the Food Stamp Act or under any other applicable Federal, State, or local law, regulation or ordinance. Sections 15(b) and (c) of the Food Stamp Act read as follows:

(b) Whoever knowingly uses, transfers, acquires, alters, or possesses food stamp benefits or authorization cards in any manner not authorized by this Act or the regulations issued pursuant to this Act shall, if such food stamp benefits or authorization cards are of the value of $5,000 or more, be guilty of a felony and shall, upon conviction thereof, be fined not more than $250,000 or imprisoned for not more than twenty (20) years, or both, or if such food stamp benefits or authorization cards are of a value of more than $100, but less than $5,000, shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined not more than $1,000 or imprisoned for not more than one year, or both.

(c) Whoever presents, or causes to be presented, food stamp benefits for payments or redemption of the value of $100 or more, knowing the same to have been received, transferred or used in any manner in violation of the provisions of this Act or the regulations issued pursuant to this Act shall be guilty of a felony and shall, upon conviction thereof, be fined not more than $20,000 or imprisoned for not more than five years, or both, or, if such food stamp benefits are of a value of less than $100, shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined not more than $1,000 or imprisoned for not more than one year, or both.

16 Del. Admin. Code § 9000-9002