(a) A person commits theft of public benefits if the person:
(1) Obtains or retains a public benefit from the Department of Human Services or any other state agency administering the distribution of a public benefit:
(A) By means of any false statement, misrepresentation, or impersonation; or
(B) Through failure to disclose a material fact used in making a determination as to the person's qualification to receive a public benefit; or
(2) Receives, retains, or disposes of a public benefit knowing or having reason to know that the public benefit was obtained in violation of this subchapter.
(b) Presentation of false or fictitious information or failure to disclose a material fact in the process of obtaining or retaining public benefits is prima facie evidence of purpose to commit theft of public benefits.
(c) Theft of public benefits is a:
(1) Class B felony if the value of the public benefit is two thousand five hundred dollars ($2,500) or more;
(2) Class C felony if the value of the public benefit is less than two thousand five hundred dollars ($2,500) but more than five hundred dollars ($500); or
(3) Class A misdemeanor if the value of the public benefit is five hundred dollars ($500) or less.
(d) In addition to an extended term of imprisonment provided by § 5-4-501 for a habitual offender, any person who pleads guilty or nolo contendere to or is found guilty of violating this section shall be imprisoned:
(1) For no less than seven (7) days for a second offense occurring within five (5) years of a prior offense;
(2) For no less than ninety (90) days for a third offense occurring within five (5) years of a prior offense; and
(3) For at least one (1) year for a fourth or subsequent offense occurring within five (5) years of a prior offense.
(e) In addition to restitution, any person who pleads guilty or nolo contendere to or is found guilty of violating this section shall be fined no less than:
(1) One hundred fifty dollars ($150) for the first offense;
(2) Four hundred dollars ($400) for a second offense occurring within five (5) years of a prior offense; and
(3) Nine hundred dollars ($900) for a third or subsequent offense occurring within five (5) years of a prior offense.
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