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Welfare Fraud

§ 158.50 Criminal possession of public benefit cards in the first degree

A person is guilty of criminal possession of public benefit cards in the first degree when he or she with intent to defraud, deceive or injure another, knowingly possesses twenty-five or more public benefit cards in a name or names other than the person's own name.  Criminal possession of public benefit cards in the first degree is a class C felony.

§ 158.45 Criminal possession of public benefit cards in the second degree

A person is guilty of criminal possession of public benefit cards in the second degree when he or she with intent to defraud, deceive or injure another, knowingly possesses ten or more public benefit cards in a name or names other than the person's own name.  Criminal possession of public benefit cards in the second degree is a class D felony.

§ 158.40 Criminal possession of public benefit cards in the third degree

A person is guilty of criminal possession of public benefit cards in the third degree when he or she with intent to defraud, deceive or injure another, knowingly possesses five or more public benefit cards in a name or names other than the person's own name.  Criminal possession of public benefit cards in the third degree is a class E felony.

§ 158.30 Criminal use of a public benefit card in the second degree

A person is guilty of criminal use of a public benefit card in the second degree when he or she knowingly:

  1. Loans money or otherwise provides property or services on credit, and accepts a public benefit card as collateral or security for the repayment of such loan or for the provision of such property or services;
  2. Obtains a public benefit card in exchange for a benefit; or
  3. Transfers or delivers a public benefit card to another (a) in exchange for money or a controlled substance as defined in subdivision five of section 220.00, or (b) for the purpose of committing an unlawful act.

Criminal use of a public benefit card in the second degree is a class A misdemeanor.

§ 158.35 Criminal use of a public benefit card in the first degree

A person is guilty of criminal use of a public benefit card in the first degree when he or she, pursuant to an act or a series of acts, knowingly (i) obtains three or more public benefit cards from another or others in exchange for a benefit, or (ii) transfers or delivers three or more public benefit cards to another or others in exchange for money or a controlled substance as defined in subdivision five of section 220.00 of this chapter.  Criminal use of a public benefit card in the first degree is a class E felony.

§ 158.25 Welfare fraud in the first degree

A person is guilty of welfare fraud in the first degree when he or she commits a fraudulent welfare act and thereby takes or obtains public assistance benefits, and when the value of the public assistance benefits exceeds one million dollars.  Welfare fraud in the first degree is a class B felony.

§ 158.20 Welfare fraud in the second degree

A person is guilty of welfare fraud in the second degree when he or she commits a fraudulent welfare act and thereby takes or obtains public assistance benefits, and when the value of the public assistance benefits exceeds fifty thousand dollars.  Welfare fraud in the second degree is a class C felony.

§ 158.15 Welfare fraud in the third degree

A person is guilty of welfare fraud in the third degree when he or she commits a fraudulent welfare act and thereby takes or obtains public assistance benefits, and when the value of the public assistance benefits exceeds three thousand dollars.  Welfare fraud in the third degree is a class D felony.

§ 158.10 Welfare fraud in the fourth degree

A person is guilty of welfare fraud in the fourth degree when he or she commits a fraudulent welfare act and thereby takes or obtains public assistance benefits, and when the value of the public assistance benefits exceeds one thousand dollars.  Welfare fraud in the fourth degree is a class E felony.

§ 158.05 Welfare fraud in the fifth degree

A person is guilty of welfare fraud in the fifth degree when he or she commits a fraudulent welfare act and thereby takes or obtains public assistance benefits.  Welfare fraud in the fifth degree is a class A misdemeanor.

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