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Martin O'Malley, Governor
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Ch.3
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children who meet other program eligibility requirements are eligible for
federal food stamp benefits under the federal Food Stamp Reauthorization
Act of 2002. Previously, eligibility under federal law was limited to legal
immigrant children who were lawfully residing in the country on August
22, 1996.
Defined term: "Department" § 5-101
5-504. PROHIBITED ACTS.
(A) SALE OR PURCHASE OF FOOD STAMP PROGRAM BENEFITS.
A PERSON MAY NOT SELL OR PURCHASE FOOD STAMP PROGRAM BENEFITS
UNLESS OTHERWISE AUTHORIZED BY LAW.
(B) MERCHANDISE PURCHASED WITH FOOD STAMP PROGRAM BENEFITS.
A PERSON MAY NOT KNOWINGLY BUY OR SELL MERCHANDISE THAT HAS BEEN
PURCHASED WITH FOOD STAMP PROGRAM BENEFITS.
(C) PENALTY — VALUE AT LEAST $1,000.
IF THE VALUE OF THE MONEY OR GOODS INVOLVED IS $1,000 OR MORE, A
PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A FELONY AND ON CONVICTION:
(1) IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 5 YEARS OR A FINE
NOT EXCEEDING $10,000 OR BOTH; AND
(2) SHALL MAKE FULL RESTITUTION OF THE MONEY OR GOODS
UNLAWFULLY RECEIVED OR PERFORM COMMUNITY SERVICE, AS DETERMINED BY
THE COURT.
(D) PENALTY — VALUE LESS THAN $1,000.
IF THE VALUE OF THE MONEY OR GOODS INVOLVED IS LESS THAN $1,000, A
PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A MISDEMEANOR AND ON
CONVICTION:
(1) IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 3 YEARS OR A FINE
NOT EXCEEDING $1,000 OR BOTH; AND
(2) SHALL MAKE FULL RESTITUTION OF THE MONEY OR GOODS
UNLAWFULLY RECEIVED OR PERFORM COMMUNITY SERVICE, AS DETERMINED BY
THE COURT.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 88A, § 89.
In subsections (a) and (b) of this section, the former references to "federal"
food stamp program benefits are deleted as surplusage.
In the introductory language of subsection (d) of this section, the reference
to money or goods "involved" is added for consistency with subsection (c) of
this section.
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- 147 -
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