207.340 - Acts concerning federal food stamps; prosecution by district attorney or Attorney General. - Nevada Statutes

207.340  Acts concerning federal food stamps; prosecution by district attorney or Attorney General.

      1.  As used in this section, unless the context otherwise requires:

      (a) “Access device” means any card, plate, account number or other means of access that can be used, alone or in conjunction with another access device, to obtain payments, allotments, benefits, money, goods or other things of value, or that can be used to initiate a transfer of funds pursuant to the Act.

      (b) “Act” means the Food Stamp Act of 1977, as amended (7 U.S.C. §§ 2011 et seq.) and regulations adopted thereunder.

      (c) “Authorization to purchase” means a document issued by the United States Department of Agriculture or by a state agency which permits the holder to purchase coupons or otherwise receive benefits under the Act.

      (d) “Coupon” means a food stamp, coupon, certificate or access device issued by the United States Department of Agriculture as provided in the Act.

      2.  A person who knowingly uses, transfers, sells, purchases, acquires, alters or possesses coupons and who is not authorized by the Act to do so, or who knowingly presents or causes to be presented coupons which are received, transferred or used in a manner not authorized by the Act, shall be punished:

      (a) If the value of the coupons is less than $250, for a misdemeanor, and be sentenced to restore the amount of the value so obtained.

      (b) If the value of the coupons is $250 or more, for a category E felony as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

      3.  A district attorney or the Attorney General may commence proceedings to enforce the provisions of this section in any court of competent jurisdiction.

      4.  If a person is convicted of violating any of the provisions of this section, the prosecuting attorney shall report the sentence imposed by the court for that person to the Division of Welfare and Supportive Services of the Department of Health and Human Services within 60 days after the imposition of the sentence.

      5.  The value of all coupons misappropriated in separate acts of fraud involving coupons must be combined for the purposes of imposing punishment for the offense charged if:

      (a) The separate acts were committed within 6 months before the offense;

      (b) None of the individual acts is punishable as a felony; and

      (c) The cumulative value of all the coupons misappropriated is sufficient to make the offense punishable as a felony.

      6.  At the time of sentencing, a court may accept as a partial mitigation of the offense satisfactory evidence that a person convicted of violating any of the provisions of this section sold or transferred the coupons for cash to buy necessities which may not be lawfully obtained with coupons.

      (Added to NRS by 1977, 608; A 1981, 1028; 1989, 1440; 1995, 1241, 2692)