Montana Code 45-6-312. Unauthorized acquisition or transfer of food stamps
45-6-312. Unauthorized acquisition or transfer of food stamps. (1) A person commits the offense of unauthorized acquisition or transfer of food stamp benefits if the person knowingly:
Terms Used In Montana Code 45-6-312
- Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(a)acquires, purchases, possesses, or uses any food stamp benefit that the person is not entitled to; or
(b)transfers, sells, trades, gives, or otherwise disposes of any food stamp benefit to another person not entitled to receive or use it.
(2)A person convicted of an offense under this section shall be fined not more than $1,500 or be imprisoned in the county jail for not more than 6 months, or both. A person convicted of an offense under this section, which offense is part of a common scheme or in which the value of the food stamp benefits exceeds $1,500, shall be fined not more than $50,000 or be imprisoned in the state prison for not more than 10 years, or both.
(3)As used in this section, “food stamp benefits” means any stamp, coupon, or type of certification provided for the purchase of eligible food pursuant to the Food Stamp Act of 1977, 7 U.S.C. § 2011 through 2029, or any similar public assistance program.