C.R.S. Section 26-2-305
Fraudulent acts

  • penalties

(1)

Intentionally left blank —Ed.

(a)

Any person who obtains, or any person who aids or abets another to obtain, food stamp coupons or authorization to purchase cards or an electronic benefits transfer card or similar credit card-type device through which food stamp benefits may be delivered to which the person is not entitled, or food stamp coupons or authorization to purchase cards or an electronic benefits transfer card or similar credit card-type device through which food stamp benefits may be delivered the value of which is greater than that to which the person is justly entitled by means of a willfully false statement or representation, or by impersonation, or by any other fraudulent device with intent to defeat the purposes of the food stamp program commits the crime of theft, which crime shall be classified in accordance with section 18-4-401 (2), C.R.S., and which crime shall be punished as provided in section 18-1.3-401, C.R.S., if the crime is classified as a felony, or section 18-1.3-501, C.R.S., if the crime is classified as a misdemeanor. Any person violating the provisions of this subsection (1) is disqualified from participation in the food stamp program for one year for a first offense, two years for a second offense, and permanently for a third or subsequent offense. Any person convicted of trafficking in food stamp coupons as described in this subsection (1) having a value of five hundred dollars or more shall be permanently disqualified from the food stamp program.

(b)

Any person found by the agency or convicted in a court of law of having made a fraudulent statement or representation with respect to the identity or place of residence of the person in order to receive multiple benefits simultaneously under the food stamp program shall be disqualified from participating for a ten-year period.

(c)

Any person found guilty by a court of law of purchasing controlled substances, as defined in section 18-18-102 (5), C.R.S., with food stamp benefits shall be disqualified from participation in the food stamp program for two years for a first offense and permanently disqualified for the second offense. The disqualification periods shall apply also to individuals with a felony conviction entered on or after July 1, 1997, for possession, use, or distribution of controlled substances if the conviction is directly related to the misuse of food stamp benefits. An individual shall not be ineligible due to a drug conviction unless misuse of food stamp benefits is part of the court findings.

(d)

Any person who is found guilty by a court of law of trading ammunition or explosives for food stamp benefits is disqualified permanently from participating in the food stamp program.

(e)

A state or federal court may extend a disqualification for up to an additional eighteen months. Such disqualifications are mandatory and are in addition to any other penalty imposed by law.

(1.5)

Any person against whom a county department of human or social services or the state department obtains a civil judgment in a state or federal court of record in this state based on allegations that the person obtained or willfully aided and abetted another to obtain food stamp coupons or authorization to purchase cards or an electronic benefits transfer card or similar credit card-type device through which food stamp benefits may be delivered the value of which is greater than that to which the person is justly entitled by means of a willfully false statement or representation, or by impersonation, or by any other fraudulent device with intent to defeat the purposes of the food stamp program, is disqualified from participation in the food stamp program for one year for a first incident, two years for a second incident, and permanently for a third or subsequent incident. Such disqualifications are mandatory and are in addition to any other remedy available to a judgment creditor.

(2)

If, at any time during the continuance of participation in the food stamp program, the recipient of food stamp coupons or authorization to purchase cards knowingly acquires any property or receives any increase in income or property, or both, in excess of that declared at the time of determination or redetermination of eligibility or if there is any other change in circumstances affecting the recipient’s eligibility or the amount of food stamp coupons or authorization to purchase cards to which he or she is entitled, it is the duty of the recipient to notify the county department, or the state department in food stamp districts administered by the state department, of any such acquisition, receipt, or change in accordance with state department regulations; and any recipient of food stamp coupons or authorization to purchase cards who knowingly fails to do so, and who by such failure receives benefits in excess of those to which he or she was in fact entitled, commits a petty offense and shall be punished as provided in section 18-1.3-503.

(3)

The county department, or the state department in food stamp districts administered by the state department, shall use an application form which contains appropriate and conspicuous notice of the penalties for fraud and shall deliver to each recipient with the first issuance of food stamp coupons or authorization to purchase cards and each redetermination thereafter a written notice explaining what changes in circumstances require notification to the county department or state department under subsection (2) of this section.

(4)

Additional costs incurred by district attorneys in enforcing this section, in accordance with the rules of the state department, shall be billed to county departments in the judicial district in the proportion to each county as specified in section 20-1-302, C.R.S., and the county departments shall pay such costs as an expense of food stamp administration.

Source: Section 26-2-305 — Fraudulent acts - penalties, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-26.­pdf (accessed Oct. 20, 2023).

26‑2‑101
Short title 26‑2‑102
Legislative declaration 26‑2‑102.5
Foster care - Title IV-E of the social security act - Title IV-E administrative costs cash fund - rules 26‑2‑103
Definitions 26‑2‑104
Public assistance programs - electronic benefits transfer service - joint reports with department of revenue - signs - rules 26‑2‑105
Federal requirements 26‑2‑106
Applications for public assistance 26‑2‑107
Verification - record 26‑2‑108
Granting of assistance payments and social services - rules 26‑2‑109
Right to own certain property 26‑2‑110
Repayment not required 26‑2‑111
Eligibility for public assistance - rules - repeal 26‑2‑111.5
Access to supplemental security income program benefits for old age pension applicants and recipients 26‑2‑111.6
Old age pension work incentive program 26‑2‑111.8
Eligibility of noncitizens for public assistance 26‑2‑112
Old age pensions for inmates of public institutions 26‑2‑113
Funds for old age pensions 26‑2‑114
Amount of assistance payments - old age pension 26‑2‑115
State old age pension fund - priority 26‑2‑116
Old age pension stabilization fund 26‑2‑119
Amount of assistance payments - aid to the needy disabled - rules 26‑2‑119.7
Federal disability benefits - application assistance - fund - rules - report - legislative declaration 26‑2‑120
Amount of assistance payments - aid to the blind 26‑2‑121
Expenses of treatment to prevent blindness or restore eyesight 26‑2‑122
Public assistance in the form of social services 26‑2‑122.3
Home care allowance - repeal 26‑2‑122.5
Acceptance of available money to finance the low-income energy assistance program 26‑2‑123
Removal to another county 26‑2‑124
Reconsideration and changes 26‑2‑125
Colorado works cases - vendor payments 26‑2‑127
Appeals 26‑2‑128
Recovery from recipient - estate 26‑2‑129
Funeral - final disposition expenses - death reimbursement - definitions - rules 26‑2‑131
Public assistance not assignable 26‑2‑132
Limitation 26‑2‑133
State income tax refund offset - rules 26‑2‑134
Checks, drafts, or orders for payment of moneys for public assistance - identification of bearer 26‑2‑135
Medically correctable program - fund established - rules 26‑2‑137
Noncitizens programs 26‑2‑138
Refugee services program - state plan - rules - definitions - repeal 26‑2‑139
Food pantry assistance grant program - created - timeline and criteria - grants - definitions - repeal 26‑2‑140
Colorado diaper distribution program - diapering essentials - report - rules - definitions 26‑2‑141
High-quality work management system - implementation - funding - repeal 26‑2‑142
Colorado teen parent driver’s license program - report - rules - definitions - appropriation 26‑2‑143
Colorado commodity supplemental food grant program - creation - appropriation - rules - definitions 26‑2‑144
Food bank assistance grant program - creation - rules - definition 26‑2‑201
Short title 26‑2‑202
Legislative declaration 26‑2‑203
Definitions 26‑2‑204
Mandatory minimum state supplementation of SSI benefits 26‑2‑205
Optional state supplementation 26‑2‑206
Interim assistance 26‑2‑207
Administration 26‑2‑208
Federal requirements 26‑2‑209
Limitations 26‑2‑210
State supplemental security income stabilization fund - creation 26‑2‑301
Food stamps - administration 26‑2‑301.5
Performance standards - incentives - sanctions 26‑2‑302
Federal requirements 26‑2‑304
Appeals - recoveries - rules 26‑2‑305
Fraudulent acts - penalties 26‑2‑305.5
Categorical eligibility - repeal 26‑2‑306
Trafficking in food stamps 26‑2‑307
Fuel assistance payments - eligibility for federal standard utility allowance - supplemental utility assistance fund established - definitions - repeal 26‑2‑308
Colorado employment first - supplemental nutrition assistance program - federal match - legislative declaration - definition - repeal 26‑2‑701
Short title 26‑2‑702
Legislative intent 26‑2‑703
Definitions 26‑2‑704
No individual entitlement 26‑2‑705
Works program - purposes 26‑2‑706
Target populations 26‑2‑706.5
Restrictions on length of participation - rules 26‑2‑706.6
Payments and services under Colorado works - rules 26‑2‑707.5
Community resources investment assistance 26‑2‑707.7
Information concerning immunization of children 26‑2‑708
Assistance - assessment - individual responsibility contract - waivers for domestic violence - rules 26‑2‑709
Benefits - cash assistance - programs - rules - repeal 26‑2‑709.5
Exit interviews and follow-up interviews of participants - reporting 26‑2‑710
Administrative review 26‑2‑711
Works program - sanctions against participants - rules 26‑2‑712
State department duties - authority 26‑2‑713
State maintenance of effort 26‑2‑714
County block grants formula - use of money - rules 26‑2‑714.5
Adjusted work participation rate - notification - county authorization - career and technical education 26‑2‑715
Performance contracts 26‑2‑716
County duties - appropriations - penalties - hardship extensions - domestic violence extensions - incentives - rules 26‑2‑717
Reporting requirements 26‑2‑718
Regionalization 26‑2‑719
Private contracting 26‑2‑720.5
County block grant support fund - created 26‑2‑721
Colorado long-term works reserve - creation - use 26‑2‑721.3
Colorado works program maintenance fund - creation - use - report 26‑2‑725
Outreach and engagement plan - family voice participation 26‑2‑1001
Short title 26‑2‑1002
Legislative declaration 26‑2‑1003
Definitions 26‑2‑1004
Individual development account program - rules 26‑2‑1005
Eligibility for participation in the individual development account program 26‑2‑1101
Legislative declaration 26‑2‑1102
Definitions 26‑2‑1103
Transitional jobs program 26‑2‑1104
Repeal
Green check means up to date. Up to date

Current through Fall 2024

§ 26-2-305’s source at colorado​.gov