TITLE 11
Criminal Offenses

CHAPTER 11-41
Theft, Embezzlement, False Pretenses, and Misappropriation

SECTION 11-41-34


§ 11-41-34 Fraud against the department of human services.

(a) The following establishments and/or retail outlets are prohibited from accepting electronic-benefit-transfer cards issued by the department of human services:

(1) Liquor stores;

(2) Casinos or at facilities that conduct casino gaming as defined in chapter 61.2 of title 42;

(3) Gambling facilities as defined by chapter 9 of title 41;

(4) Retail establishments that provide adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment as defined in the Social Security Act, 42 U.S.C. 608(a).

(b) A store owner who knowingly allows a prohibited, electronic-benefit transaction in violation of this section shall be guilty of a misdemeanor and shall be punished by a fine of not more than five hundred dollars ($500) for a first offense; by a fine of not less than five hundred dollars ($500) nor more than two thousand five hundred dollars ($2,500) for a second offense; and for a third, or subsequent, offense shall be guilty of a felony and shall be punished by a fine of not less than two thousand five hundred dollars ($2,500).

(c) In addition to the penalties imposed by subsection (b), the department of human services is further authorized to suspend and/or revoke any license necessary to conduct business.

History of Section.
(P.L. 2016, ch. 377, § 2; P.L. 2016, ch. 499, § 2.)