A. Unlawful dealing in federal food coupons or WIC checks consists of a person buying, selling, trading, bartering or possessing food coupons or WIC checks issued by the United States department of agriculture with the intent to obtain an economic benefit to which the person is not entitled under the rules of the human services department pertaining to the food stamp program or of the department of health pertaining to the special supplemental food program for women, infants and children.
B. Whoever commits unlawful dealing in federal food coupons or WIC checks when the value of the food coupons or WIC checks involved is two hundred fifty dollars ($250) or less is guilty of a petty misdemeanor.
C. Whoever commits unlawful dealing in federal food coupons or WIC checks when the value of the food coupons or WIC checks involved is over two hundred fifty dollars ($250) but not more than five hundred dollars ($500) is guilty of a misdemeanor.
D. Whoever commits unlawful dealing in federal food coupons or WIC checks when the value of the food coupons or WIC checks involved is over five hundred dollars ($500) but not more than two thousand five hundred dollars ($2,500) is guilty of a fourth degree felony.
E. Whoever commits unlawful dealing in federal food coupons or WIC checks when the value of the food coupons or WIC checks involved is over two thousand five hundred dollars ($2,500) but not more than twenty thousand dollars ($20,000) is guilty of a third degree felony.
F. Whoever commits unlawful dealing in federal food coupons or WIC checks when the value of the food coupons or WIC checks involved exceeds twenty thousand dollars ($20,000) is guilty of a second degree felony.
G. For the purposes of this section, "federal food coupons or WIC checks" includes electronic benefit transfer cards or any other method through which food stamps or WIC benefits may be obtained.
History: 1953 Comp., § 40A-16-6.1, enacted by Laws 1971, ch. 282, § 1; 1987, ch. 121, § 3; 2003, ch. 251, § 1; 2006, ch. 29, § 4.
ANNOTATIONSThe 2006 amendment, effective July 1, 2006, increased the value of food coupons or WIC checks in Subsection B from $100 or less to $250 or less; increased the value of food coupons or WIC checks in Subsection C from more than $100 but less that $250 to more than $250 but less than $500; increased the value of food coupons or WIC checks in Subsection D from more than $250 to more than $500.
The 2003 amendment, effective June 20, 2003 added the present Subsection A through F designations; in present Subsection A deleted "and regulations" following "under the rules" near the middle, substituted "department of health" for "health and environment department" following "food stamp program or of the" near the end; substituted "two thousand five" for "twenty-five" preceding "hundred dollars" near the end of present Subsection D; substituted "two" for "twenty-five" preceding "thousand five hundred" near the middle of present Subsection E; and added Subsection G.
The 1987 amendment, effective June 19, 1987, added "or WIC checks" following "coupons" in several places throughout the section, substituted all of the language in the first paragraph following "regulations" for "of the health and social services department pertaining to the food stamp program," added the third and last paragraphs, substituted "two hundred fifty dollars ($250)" for "one hundred dollars ($100)" in the fourth paragraph, and substituted "is over twenty-five hundred dollars ($2,500) but not more than twenty thousand dollars ($20,000)" for "exceeds twenty-five hundred ($2,500)" in the fifth paragraph.
Single intent crime. The single intent crime doctrine applies to the crime of unlawful dealing in food coupons. State v. Johnson, 1996-NMCA-017, 121 N.M. 337, 911 P.2d 231, cert. denied 121 N.M. 242, 910 P.2d 318.
Evidence sufficient for conviction. — Evidence that the defendant purchased four booklets of food stamps, each booklet with a face value of $65, on two separate occasions, was sufficient evidence from which the jury could infer the coupons had a value in excess of $250 and was sufficient for conviction. State v. Buendia, 1996-NMCA-027, 121 N.M. 408, 912 P.2d 284.