Colorado Code
Part 3 - Food Stamps
§ 26-2-305. Fraudulent Acts - Penalties

(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) [ Editor's note: This version of subsection (2) is effective March 1, 2022. ] 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.



Source: L. 79: Entire part added, p. 1087, § 13, effective July 1. L. 89: (1) amended, p. 846, § 119, effective July 1. L. 94: (1) amended and (1.5) added, p. 2064, § 7, effective July 1. L. 97: (1) and (1.5) amended, p. 1235, § 27, effective July 1. L. 2002: (1)(a) and (2) amended, p. 1538, § 273, effective October 1. L. 2018: (1.5) amended, (SB 18-092), ch. 38, p. 447, § 120, effective August 8. L. 2021: (2) amended, (SB 21-271), ch. 462, p. 3243, § 486, effective March 1, 2022.
Editor's note: Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
Cross references: (1) For other fraudulent acts relating to public assistance, see § 26-1-127.
(2) For the legislative declaration contained in the 2002 act amending subsections (1)(a) and (2), see section 1 of chapter 318, Session Laws of Colorado 2002. For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.

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