Section 71-3-120 - [Effective 7/1/2024] Fraudulent receipt of temporary assistance - Penalties - Statute of limitations(a) A person commits an offense who, knowingly, obtains, or attempts to obtain, or aids, or abets any person to obtain, by means of a willfully false statement, representation, or impersonation, or by any other fraudulent means or in any manner not authorized by this part, or by the regulations or procedures issued or implemented by the department of human services pursuant to this part, temporary assistance for a dependent child as provided pursuant to this part, either by check or by an electronic benefits transfer process, or any assistance provided pursuant to this part by any other means as determined by the department, to which such child is not entitled or in an amount greater than that to which such child is entitled.(b) A person commits an offense who, knowingly, in any manner not authorized by this part or the regulations or procedures implemented by the department of human services pursuant to this part, presents for payment, or causes to be presented for payment, transfers, exchanges, sells, or otherwise uses, or aids or abets any person to present for payment, transfer, exchange, sell, or otherwise use any temporary assistance check, or any electronic benefits card, authorization or personal identification number, device or other thing or means issued or utilized for the purpose of providing temporary assistance benefits pursuant to this part electronically or otherwise.(c) A person who receives a temporary assistance check or any electronic benefits card, authorization or personal identification number, device or other thing or means issued or utilized for the purpose of providing temporary assistance benefits electronically or otherwise, knowing them to have been presented for payment, transferred, exchanged, sold or otherwise used in any manner not authorized by this part or the regulations or procedures implemented by the department of human services pursuant to this part, commits an offense.(d) An offense under this section is a Class E felony if the value of such temporary assistance sought to be obtained, or that is obtained, is one hundred dollars ($100) or more, and upon conviction of the offense, such person shall be sentenced for such offense as provided by law, or shall be fined not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000), or both, unless the offense is committed by means of a willfully false impersonation, assumption of a false identity, or presentation of a false identification, in which case the fine is not less than two thousand five hundred dollars ($2,500) nor more than ten thousand dollars ($10,000); and, if such temporary assistance sought to be obtained, or that is obtained, is of a value less than one hundred dollars ($100), such person commits a Class A misdemeanor and shall be sentenced or fined, or both, as provided by law.(e)(1) In addition to or in lieu of the penalties in subsection (d), the court may order that such person be disqualified from participation in the temporary assistance program:(A) For twelve (12) months for the first offense;(B) For twenty-four (24) months for the second offense; and(C) Permanently for the third offense.(2) Individuals found by a court to have used or received benefits in a transaction involving the sale of a controlled substance, as defined in § 102 of the Controlled Substances Act (21 U.S.C. § 802), must be disqualified from participation in the temporary assistance program: (A) For twenty-four (24) months for the first such violation; and(B) Permanently for the second such violation.(3) Individuals found by a court to have used or received benefits in a transaction involving the sale of firearms, ammunition, or explosives must be permanently disqualified from participation in the temporary assistance program upon the first such violation.(4) Individuals convicted by a court for having trafficked benefits in an aggregate amount of five hundred dollars ($500) or more must be permanently disqualified from participation in the temporary assistance program upon the first such violation.(5) Disqualification of an adult pursuant to this section from eligibility for assistance under this part must not disqualify or suspend the eligibility of an innocent adult or child of the disqualified adult's family.(f) The department shall enclose a copy of the penalties provided in this section one (1) time, in notice form, to each recipient of assistance pursuant to this part and post a notice to such effect in noticeable places in each of its assistance offices.(g) In addition to any of the penalties in subsection (d), any person convicted of any offense specified in subsection (a), (b) or (c) shall be ordered to make restitution in the total amount found to be the value of the temporary assistance that forms the basis for the conviction. In the event any 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.(h) Notwithstanding any other law to the contrary, prosecutions for any of the offenses specified in subsection (a), (b) or (c) shall be commenced within four (4) years next after the commission of the offense. For purposes of this subsection (h), any such offense that is based upon a willful failure to report information as required by law is considered a continuing offense until such information is reported.Amended by 2024 Tenn. Acts, ch. 570,s 4, eff. 7/1/2024.Amended by 2021 Tenn. Acts, ch. 515, s 2, eff. 7/1/2021.Acts 1937, ch. 50, § 15; C. Supp. 1950, § 4765.53 (Williams, § 4765.52); Acts 1955, ch. 28, § 1; T.C.A. (orig. ed.), §§ 14-320, 14-8-120; Acts 1989, ch. 591, § 104; 1999, ch. 248, § 1.This section is set out more than once due to postponed, multiple, or conflicting amendments.