NORTH CAROLINA GENERAL ASSEMBLY

1977 SESSION

 

 

CHAPTER 604

HOUSE BILL 1032

 

 

AN ACT RELATING TO PENALTY FOR WELFARE FRAUD.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 108-48 is rewritten to read as follows:

"§ 108-48(a).  Any person whether provider or recipient who willfully and knowingly with the intent to deceive makes a false statement or representation or fails to disclose a material fact and as a result of making a false statement or representation or failing to disclose a material fact obtains, attempts to obtain, or continues to receive public assistance to which he or any other person is not entitled in the amount of not more than two hundred dollars ($200.00) is guilty of a misdemeanor, and upon conviction or plea of guilty shall be fined or imprisoned or both at the discretion of the court.

(b)        Any person whether provider or recipient who willfully and knowingly with the intent to deceive makes a false statement or representation or fails to disclose a material fact and as a result of making a false statement or representation or failing to disclose a material fact obtains, attempts to obtain, or continues to receive public assistance to which he is not entitled in an amount of more than two hundred dollars ($200.00) is guilty of a felony, and upon conviction or plea of guilty shall be punished as in cases of larceny."

Sec. 2.  G.S. 108-110(a) is rewritten to read as follows:

"§ 108-110(a).  Whoever whether provider or recipient knowingly obtains or attempts to obtain or aids or abets any person to obtain by means of making a willfully false statement or representation or by impersonation or by failing to disclose material facts or in any manner not authorized by this Article or the regulations issued pursuant thereto, any food coupons to which he is not entitled in the amount of two hundred dollars ($200.00) or less shall be guilty of a misdemeanor and upon conviction or plea of guilty shall be fined or imprisoned or both at the discretion of the court. Whoever knowingly obtains or attempts to obtain or aids or abets any person to obtain by means of making a willfully false statement or representation or by impersonation or by failing to disclose material facts or in any manner not authorized by this article or the regulations issued pursuant thereto, any food coupons to which he is not entitled in an amount more than two hundred dollars ($200.00) shall be guilty of a felony and shall be punished as in cases of larceny."

Sec. 3.  This act shall become effective July 1, 1977.

In the General Assembly read three times and ratified, this the 17th day of June, 1977.