§ 108A-53. Fraudulent misrepresentation. - North Carolina Statutes

§ 108A‑53.  Fraudulentmisrepresentation.

(a)        Any person, whetherprovider or recipient or person representing himself as such, who knowinglyobtains or attempts to obtain, or aids or abets any person to obtain by meansof making a willfully false statement or representation or by impersonation orby failing to disclose material facts or in any manner not authorized by thisPart or the regulations issued pursuant thereto, transfers with intent todefraud any electronic food and nutrition benefit to which that person is notentitled in the amount of four hundred dollars ($400.00) or less shall beguilty of a Class 1 misdemeanor. Whoever knowingly obtains or attempts toobtain, or aids or abets any person to obtain by means of making a willfullyfalse statement or representation or by impersonation or by failing to disclosematerial facts or in any manner not authorized by this Part or the regulationsissued pursuant thereto, transfers with intent to defraud any electronic foodand nutrition benefit to which he is not entitled in an amount more than fourhundred dollars ($400.00) shall be guilty of a Class I felony.

(b)        Whoever presents,or causes to be presented, electronic food and nutrition benefits for paymentor redemption, knowing the same to have been received, transferred, or used inany manner in violation of the provisions of this Part or the regulationsissued pursuant to this Part shall be guilty of a Class 1 misdemeanor.

(c)        Whoever receivesany electronic food and nutrition benefits for any consumable item knowing thatsuch benefits were procured fraudulently under subsections (a) and/or (b) ofthis section shall be guilty of a Class 1 misdemeanor.

(d)        Whoever receivesany electronic food and nutrition benefits for any consumable item whoseexchange is prohibited by the United States Department of Agriculture shall beguilty of a Class 1 misdemeanor.  (1981, c. 275, s. 1; 1991, c. 523, s. 5; 1993, c.539, ss. 814, 1299; 1994, Ex. Sess., c. 24, s. 14(c); 1995, c. 507, s. 19.5(n);1996, 2nd Ex. Sess., c. 18, s. 24.31(a); 2007‑97, s. 11; 2008‑187,s. 18.)