71-2229 Using benefits; prohibited acts; violation; penalty. - Nebraska Statutes

71-2229. Using benefits; prohibited acts; violation; penalty.(1) A person commits an offense if he, she, or it knowingly and unlawfully uses, alters, or transfers a food instrument or supplemental food. An offense under this subsection shall be a Class III misdemeanor if the value of the food instrument or benefit is less than five hundred dollars and shall be a Class IV felony if the value of the food instrument or benefit is five hundred dollars or more.(2) A person commits an offense if he, she, or it (a) knowingly and unlawfully possesses a food instrument or supplemental food, (b) knowingly and unlawfully redeems a food instrument, (c) knowingly falsifies or misapplies a food instrument, or (d) fraudulently obtains a food instrument. An offense under this subsection shall be a Class III misdemeanor if the value of the food instrument or benefit is less than five hundred dollars and shall be a Class IV felony if the value of the food instrument or benefit is five hundred dollars or more.(3) A person commits an offense if he, she, or it knowingly and unlawfully possesses a blank authorization to participate in the WIC program or CSF program. An offense under this subsection shall be a Class IV felony.(4) When food instruments or supplemental foods are obtained in violation of this section pursuant to one scheme or a continuing course of conduct, whether from the same or several sources, such conduct may be considered as one offense and the values aggregated in determining the grade of the offense. SourceLaws 1987, LB 643, § 21; Laws 1989, LB 344, § 25.