Arizona criminal charge
Unlawful use of food stamps in Arizona
Unlawful use of food stamps is a criminal offense under Arizona law, defined by A.R.S. § 13-3701. Its classification is not fixed: Arizona assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by A.R.S. § 13-3701.
What is the penalty for unlawful use of food stamps in Arizona?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 6 months (Fraudulent use, transfer, acquisition, possession or redemption of food stamps (value $100 or less) — Violation of subsection A paragraph 1 where the value of the food stamps involved is one hundred dollars or less.; definite term served outside state prison (13-707(A)(1)); prior same offense within 2 years elevates to the next higher class (13-707(B))) | discretionary | A.R.S. § 13-707 |
| Fine | up to $2,500 (Fraudulent use, transfer, acquisition, possession or redemption of food stamps (value $100 or less) — Violation of subsection A paragraph 1 where the value of the food stamps involved is one hundred dollars or less.; 13-802(A)) | discretionary | A.R.S. § 13-707 |
| Jail / prison | 6 months to 18 months (Fraudulent use, transfer, acquisition, possession or redemption of food stamps (value over $100) — Violation of subsection A paragraph 1 where the value of the food stamps involved exceeds one hundred dollars.; presumptive 1 year; mitigated .33 years / aggravated 2 years on required findings (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges; a class 6 felony may be designated a class 1 misdemeanor under 13-604) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Fraudulent use, transfer, acquisition, possession or redemption of food stamps (value over $100) — Violation of subsection A paragraph 1 where the value of the food stamps involved exceeds one hundred dollars.; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
| Jail / prison | 9 months to 24 months (Counterfeiting, altering, using, transferring, acquiring or possessing counterfeited/altered food stamps or EBT cards — Violation of subsection A paragraph 2 involving counterfeited or altered food stamps or electronic benefit transfer cards.; presumptive 1.5 years; mitigated 6 months / aggravated 2.5 years on required findings (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Counterfeiting, altering, using, transferring, acquiring or possessing counterfeited/altered food stamps or EBT cards — Violation of subsection A paragraph 2 involving counterfeited or altered food stamps or electronic benefit transfer cards.; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
| Jail / prison | 9 months to 24 months (Public employee appropriation of entrusted food stamps — Violation of subsection A paragraph 3 where a public employee appropriates food stamps entrusted to or possessed by virtue of the position.; presumptive 1.5 years; mitigated 6 months / aggravated 2.5 years on required findings (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Public employee appropriation of entrusted food stamps — Violation of subsection A paragraph 3 where a public employee appropriates food stamps entrusted to or possessed by virtue of the position.; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
| Jail / prison | 9 months to 24 months (Trafficking food stamps or eligible food for cash or other consideration — Violation of subsection A paragraph 4 involving buying, selling, transferring, acquiring or redeeming food stamps or food purchased with food stamps for cash or other consideration.; presumptive 1.5 years; mitigated 6 months / aggravated 2.5 years on required findings (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Trafficking food stamps or eligible food for cash or other consideration — Violation of subsection A paragraph 4 involving buying, selling, transferring, acquiring or redeeming food stamps or food purchased with food stamps for cash or other consideration.; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
Applies to current.
How is unlawful use of food stamps classified in Arizona?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Fraudulent use, transfer, acquisition, possession or redemption of food stamps (value $100 or less) | Class 1 Misdemeanor | Violation of subsection A paragraph 1 where the value of the food stamps involved is one hundred dollars or less. | A.R.S. § 13-3701B |
| Fraudulent use, transfer, acquisition, possession or redemption of food stamps (value over $100) | Class 6 Felony | Violation of subsection A paragraph 1 where the value of the food stamps involved exceeds one hundred dollars. | A.R.S. § 13-3701B |
| Counterfeiting, altering, using, transferring, acquiring or possessing counterfeited/altered food stamps or EBT cards | Class 5 Felony | Violation of subsection A paragraph 2 involving counterfeited or altered food stamps or electronic benefit transfer cards. | A.R.S. § 13-3701B |
| Public employee appropriation of entrusted food stamps | Class 5 Felony | Violation of subsection A paragraph 3 where a public employee appropriates food stamps entrusted to or possessed by virtue of the position. | A.R.S. § 13-3701B |
| Trafficking food stamps or eligible food for cash or other consideration | Class 5 Felony | Violation of subsection A paragraph 4 involving buying, selling, transferring, acquiring or redeeming food stamps or food purchased with food stamps for cash or other consideration. | A.R.S. § 13-3701B |
Common questions about unlawful use of food stamps in Arizona
Is unlawful use of food stamps a felony or a misdemeanor in Arizona?
It depends on the circumstances: unlawful use of food stamps ranges from a Class 1 Misdemeanor to a Class 5 Felony in Arizona under A.R.S. § 13-3701.
Fraudulent use, transfer, acquisition, possession or redemption of food stamps (value $100 or less): Class 1 Misdemeanor (A.R.S. § 13-3701B) · Fraudulent use, transfer, acquisition, possession or redemption of food stamps (value over $100): Class 6 Felony (A.R.S. § 13-3701B) · Counterfeiting, altering, using, transferring, acquiring or possessing counterfeited/altered food stamps or EBT cards: Class 5 Felony (A.R.S. § 13-3701B) · Public employee appropriation of entrusted food stamps: Class 5 Felony (A.R.S. § 13-3701B) · Trafficking food stamps or eligible food for cash or other consideration: Class 5 Felony (A.R.S. § 13-3701B)
What are the penalties for unlawful use of food stamps in Arizona?
Which Arizona statute covers unlawful use of food stamps?
Unlawful use of food stamps is governed by A.R.S. § 13-3701 (Unlawful use of food stamps; classification; definitions).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.