Public Benefits Fraud Laws by State (2026)
How each state handles welfare and unemployment fraud and the penalties, from each state's code.
| State | Welfare and unemployment fraud |
|---|---|
| Alabama | Public assistance fraud (knowingly lying or hiding facts to qualify for or keep public benefits, misusing food assistance or Medicaid cards, billing for services not given, and similar acts) is a Class C felony (1 year and 1 day to 10 years) when the total value is $200 or more and a Class A misdemeanor (up to 1 year) when less. Unemployment benefits fraud (willfully making a false statement or hiding a fact to get or increase benefits) is a Class B felony over $2,500, a Class C felony over $500 up to $2,500, and a Class A misdemeanor at $500 or less; each false statement is a separate offense, and instead of fines the person must repay the Department of Labor at least the benefits obtained by fraud. Ala. Code 1975 §§ 13A-9-150(b), (e), 25-4-145(a)(1); §§ 13A-5-6, 13A-5-7 |
| Alaska | Knowingly submitting or helping prepare a Medicaid (medical assistance) claim with reckless disregard that it is not owed, or paying or taking kickbacks for referrals, is medical assistance fraud: a class B felony (up to 10 years) at $25,000 or more, a class C felony (up to 5 years) at $500 to under $25,000, and a class A misdemeanor (up to 1 year) under $500. Knowingly making a false statement or hiding a material fact to get or increase unemployment benefits is a class B misdemeanor (up to 90 days) for each false statement, and the worker can also be disqualified from benefits for that week plus 6 to 52 more weeks. Misusing or trafficking food stamp (SNAP) benefits is a misdemeanor punishable by up to 1 year and $1,000. AS 47.05.210; AS 23.20.485, 23.20.387; AS 47.25.985; AS 12.55.035, 12.55.125, 12.55.135 |
| Arizona | Welfare fraud (knowingly getting public assistance or services, or more than one is entitled to, by a false statement, impersonation or other fraud) is a class 6 felony (first-offense range 0.33 to 2 years). A person found to have committed an intentional program violation, or convicted of a crime against an assistance program, is disqualified for 12 months for a first violation, 24 months for a second, and permanently for a third. Unemployment fraud (knowingly lying or hiding a material fact to get or increase benefits) is also a class 6 felony, and each false statement is a separate offense. A.R.S. §§ 46-215, 23-785; § 13-702(D) |
| Arkansas | Theft of public benefits (getting or keeping a public benefit from the Department of Human Services or another state agency by a false statement, misrepresentation, impersonation or by hiding a material fact, or knowingly receiving such a benefit) is graded by value: $2,500 or more is a Class B felony (5 to 20 years), more than $500 but less than $2,500 a Class C felony (3 to 10 years), and $500 or less a Class A misdemeanor (up to 1 year). For unemployment benefits, a person who knowingly lied or hid a material fact must repay the overpayment with a 50 percent penalty (15 percent if repaid within 30 days) and 10 percent annual interest, and must repay before receiving benefits again. Ark. Code §§ 5-36-202, 11-10-532(a); §§ 5-4-201, 5-4-401 |
| California | Lying or hiding facts to get public aid (such as CalWORKs and CalFresh) is a misdemeanor up to 6 months and $500. If the aid wrongly obtained totals more than $950, or the person files multiple applications or uses a fictitious person or false identity, it can be charged as a misdemeanor or felony (16 months, 2 or 3 years under Pen. Code 1170(h) and up to $5,000, or up to 1 year in jail and $1,000). Medi-Cal fraud by applicants or providers is punishable by county jail or 2, 3 or 5 years in state prison and a fine up to three times the fraud. Willful false statements to get unemployment benefits are punishable by up to 1 year in county jail or state prison and/or a fine up to $20,000. Cal. Welf. & Inst. Code 10980, 14107; Unemp. Ins. Code 2101, 2122; Pen. Code 17, 18, 19, 1170(h) |
| Colorado | Getting public assistance, medical assistance or child care assistance one is not entitled to (or more than one is entitled to) by a willfully false statement, impersonation or other fraud is charged as theft and graded by value under the general theft tiers (for example, $2,000 to under $5,000 is a class 6 felony). The person is also disqualified from the program for 1 year for a first offense, 2 years for a second and permanently for a third. Knowingly failing to report increased income or property within 30 days is a petty offense. Unemployment fraud (knowingly lying or hiding a material fact to get or increase benefits) is a class 2 misdemeanor (up to 120 days). C.R.S. §§ 26-1-127(1), (2), 8-81-101(1)(a), 18-4-401(1)(f), (2) |
| Connecticut | Filing, or knowingly accepting benefits from, a false claim to a local, state or federal agency is 'defrauding a public community,' a form of larceny: a class C felony (1 to 10 years) when $2,000 or less and a class B felony (1 to 20 years) when more than $2,000. Unemployment fraud (knowingly making a false statement or hiding a fact to get or increase benefits) is a class A misdemeanor (up to 1 year) for $500 or less and a class D felony (up to 5 years) for more than $500. The person must repay the money and can also forfeit 1 to 39 weeks of future unemployment benefits. Conn. Gen. Stat. §§ 53a-119(6), 53a-122(a)(3), 53a-123(a)(3), 31-273; §§ 53a-35a, 53a-36 |
| Delaware | Delaware's public assistance fraud chapter covers the state medical assistance (Medicaid) program: knowingly obtaining payments by false statement or concealment is a class A misdemeanor (up to 1 year), a class E felony (up to 5 years) for $500 to under $10,000, and a class C felony (up to 15 years) for $10,000 or more. A convicted provider must repay the full amount with interest of 1.5% per month, is barred from the program, and can owe triple damages in a civil case. Unemployment fraud (a knowing false statement or hiding a material fact) disqualifies the claimant for 1 year, requires repayment with interest plus a 15% penalty, and bars benefits until repaid; obtaining other benefits by deception can be prosecuted as theft. 31 Del. C. §§ 1002, 1003, 1007, 1008; 19 Del. C. §§ 3314(6), 3325; 11 Del. C. § 4205 |
| District of Columbia | Public assistance fraud (using a false statement, failure to disclose information or impersonation to get assistance one is not entitled to, or more than one is entitled to) is a misdemeanor punishable by up to a $500 fine and 1 year in jail, regardless of amount. The person must repay the excess, and a TANF or POWER recipient found to have intentionally lied loses their share of the grant for 6 months for a first offense, 12 months for a second, and permanently for a third. Unemployment benefit fraud carries up to a $100 fine and 60 days in jail per offense, repayment, a 15% penalty on fraudulent payments, and possible disqualification for the rest of the benefit year and up to a year after. D.C. Code §§ 4-218.01, 51-119 |
| Florida | Public assistance fraud (lying about or failing to disclose facts or changes in circumstances to get food assistance, Medicaid, cash assistance or other state or federally funded aid, or misusing or trafficking food assistance or Medicaid cards and authorizations) is graded by the total value in any 12 months: under $200 is a first-degree misdemeanor; $200 to under $20,000 a third-degree felony; $20,000 to under $100,000 a second-degree felony; and $100,000 or more a first-degree felony. Repaying the benefits is not a defense. Unemployment fraud (knowingly making a false statement or hiding a material fact to get or increase benefits) is a third-degree felony for each false statement. Fla. Stat. §§ 414.39(1), (2), (5), (7), 443.071(1); §§ 775.082, 775.083 |
| Georgia | Obtaining or trying to obtain public assistance, food stamps or Medicaid by a false statement, failure to disclose information or impersonation is a misdemeanor, and a felony punishable by 1 to 5 years when the value exceeds $1,500; amounts obtained during one uninterrupted period are treated as one offense. The person must repay any overpayment, and a prosecutor may offer a consent agreement in which the person accepts disqualification instead of prosecution. Unemployment fraud (knowingly lying or hiding a material fact to get or increase benefits) is a misdemeanor, and a felony (1 to 5 years and a fine of at least $1,000) when it involves more than $4,000 or claims in more than one benefit year. O.C.G.A. §§ 49-4-15, 34-8-256; § 17-10-3 |
| Hawaii | Knowingly obtaining, selling, trading or buying food benefits (food stamps, coupons or EBT cards) without entitlement, getting emergency assistance one is not entitled to, or transferring assets to qualify for assistance is a misdemeanor (up to 1 year); food benefit fraud involving more than $300 is a class C felony (5 years), and more than $20,000 a class B felony (10 years). A recipient who willfully fails to report new income or resources within 30 days commits a petty misdemeanor, and benefits obtained by fraud are a debt to the State or may be ordered repaid as restitution. Unemployment fraud (knowingly lying or hiding a fact to get or increase benefits) is a misdemeanor for $300 or less and a class C felony above $300, with each false statement a separate offense. HRS §§ 346-34, 383-141; §§ 706-660, 706-663 |
| Idaho | Getting public assistance (such as SNAP, cash assistance or Medicaid) one is not entitled to by a willfully false statement, a material omission, or by hiding income or giving away property to qualify, is punished the same as theft of the value obtained: grand theft (felony, 1 to 14 years) above $1,000, otherwise petit theft (misdemeanor, up to 1 year). Medicaid provider fraud is a felony punishable by up to 15 years in prison, a fine up to $15,000, or both, with restitution. Unemployment benefits fraud (a willful false statement or hiding a material fact to get benefits) is a misdemeanor if $1,000 or less and a felony (up to 5 years, a fine up to $50,000) above $1,000; claims in one benefit year can be combined. The claimant must repay overpaid unemployment benefits, plus civil penalties of 25%, 50% and then 100% of the overpayment for the first, second and later fraud findings. Idaho Code §§ 56-227, 56-227A, 72-1371, 72-1369(1)-(2), 18-2407, 18-2408 |
| Illinois | Public aid (welfare) recipient fraud is obtaining or trying to obtain aid, including food stamp (SNAP) benefits, by a false statement, willful misrepresentation, failing to report a change in status, or another fraudulent device. Grades depend on the total amount, which can be added together: under $150 is a Class A misdemeanor; $150 to under $1,000 a Class 4 felony; $1,000 to under $5,000 a Class 3 felony; $5,000 to under $10,000 a Class 2 felony; and $10,000 or more a Class 1 felony, with ineligibility for aid for 2 years or until repaid, whichever comes first. Repeat offenses are graded one class higher. The recipient must refund the full amount, and a court may add a civil penalty up to the amount of aid. For unemployment benefits, knowingly making a false statement or hiding a material fact to get benefits requires repayment and makes the person ineligible for 6 more weeks for a first offense (2 more weeks per later offense), and a willful false statement to obtain benefits is a Class B misdemeanor (up to 6 months). 305 ILCS 5/8A-2, 5/8A-6, 5/8A-7(a); 820 ILCS 405/901(A), 405/2800(A)(1), (B); 730 ILCS 5/5-4.5-25 to -65 |
| Indiana | Indiana's separate welfare and Medicaid fraud sections in IC 35-43-5 have been repealed; public assistance fraud is prosecuted under the general fraud law (obtaining property or a governmental benefit by a false or misleading statement): a Class A misdemeanor, a Level 6 felony for a loss of $750 to under $50,000 or a repeat within 7 years, a Level 5 felony for $50,000 to under $100,000, and a Level 4 felony for $100,000 or more. A felony conviction for public relief or assistance fraud bars TANF for 10 years, and Medicaid fraud convictions make the person ineligible for Medicaid. For unemployment benefits, knowingly failing to disclose earnings or falsifying a material fact forfeits wage credits and benefits for that week, plus civil penalties of 25%, 50% and then 100% of the overpayment for the first, second and later instances. IC 35-43-5-4; IC 12-14-1-1(d); IC 12-15-2-20(a); IC 22-4-13-1.1; IC 35-50-2-4 to -7, 35-50-3-2 to -4 |
| Iowa | Getting or trying to get Family Investment Program (cash assistance) benefits by a willfully false statement, by knowingly hiding a material fact, by impersonation or other fraud is a 'fraudulent practice,' and the person is personally liable to repay the benefits fraudulently obtained. Unemployment fraud (knowingly making a false statement or failing to disclose a material fact to get or increase benefits) is also a fraudulent practice, and the claimant must repay benefits received through misrepresentation. Fraudulent practices are graded by amount: over $10,000 a class C felony; over $1,500 up to $10,000 a class D felony; over $750 up to $1,500 an aggravated misdemeanor; over $300 up to $750 a serious misdemeanor; $300 or less a simple misdemeanor. Transferring property for less than fair value to qualify for public assistance is also a fraudulent practice. Iowa Code §§ 239B.14, 96.16(1), (4), 714.8(12), 714.9-714.13 |
| Kansas | Getting or trying to get public assistance by a willfully false statement, impersonation, collusion or other fraud is theft under K.S.A. 21-5801, graded by the amount (a class A misdemeanor below $1,500; felonies from severity level 9 upward at $1,500 or more), and the person must repay the assistance obtained. Unemployment benefits fraud (knowingly making a false statement or hiding a material fact to get or increase benefits) is also theft punished under 21-5801, but is a severity level 5 nonperson felony when the person had no work basis for the claim and filed false statements in the names of three or more other real or fictitious people within 30 days. Medicaid provider fraud is a separate crime under the Kansas Medicaid fraud statutes. K.S.A. 39-720, 44-719(a), 21-5801(b), 21-5927 |
| Kentucky | Knowingly making a false statement, hiding a material fact, or failing to report a change in circumstances, with intent to defraud, to get public assistance benefits (such as food stamps/SNAP or cash assistance) is a Class B misdemeanor; a Class A misdemeanor if the excess benefits are $500 to under $1,000; and a Class D felony (1 to 5 years) at $1,000 or more or with three prior Class A convictions in five years. Trafficking or misusing benefit cards or EBT codes is a Class D felony, and the person must repay all benefits they were not entitled to as a civil penalty. Medicaid fraud by false claims or statements uses the same value grades, and unemployment fraud (knowingly lying or hiding facts to get or increase benefits) is likewise a Class B misdemeanor, a Class A misdemeanor at $500, and a Class D felony at $1,000 or more. Offenses within 90 days may be combined to set the grade. KRS 194A.505, 194A.990(1)-(5), 205.8463, 341.990(5) |
| Louisiana | Government benefits fraud (with intent to defraud, making false claims, lying on an application, or concealing facts affecting eligibility for benefits administered by a state agency) is punished by up to 5 years with or without hard labor, a fine up to $10,000, or both. Misusing SNAP (food stamp) benefits or EBT cards (such as selling, buying, or counterfeiting them) carries a fine of $5,000 to $1,000,000, six months to 10 years with or without hard labor, or both, plus mandatory restitution of the benefits' value. Making a false statement or hiding a material fact to get unemployment benefits is a misdemeanor punished by a $50 to $1,000 fine, 30 to 90 days, or both, with each false statement a separate offense; overpaid benefits must be repaid and may be deducted from future benefits. La. R.S. 14:70.9; R.S. 14:68.2; R.S. 23:1711(A); R.S. 23:1713 |
| Maine | Unemployment fraud (knowingly making a false statement or failing to disclose a material fact to obtain or increase benefits, or soliciting someone else to do so) is treated as theft by deception, graded by the amount obtained (Class E for $500 or less up to Class B for more than $10,000), and each false statement is a separate offense; benefits received through fraud must be repaid or deducted from future benefits. Fraud in other public benefits is likewise charged as theft by deception by value. Knowingly transferring an EBT card, coupon or voucher for SNAP, TANF, general assistance, child care subsidies or WIC without the issuing agency's authorization, or obtaining or possessing one obtained that way, is the Class D crime of misuse of a public benefits instrument. 26 M.R.S. § 1051(1), (4); 17-A M.R.S. §§ 354, 905-C; 17-A M.R.S. §§ 1604(1), 1704 |
| Maryland | Obtaining, or helping someone obtain, money, food stamps (SNAP) or other assistance by fraud from a need-based State-funded social or nutritional program is a misdemeanor punishable by up to 3 years and/or a $1,000 fine, and the person must make full restitution. Knowingly lying or hiding a material fact to get or increase unemployment insurance benefits is a misdemeanor with up to 90 days and/or $1,000; the person must also repay the benefits plus a 15% penalty and 1.5% monthly interest and is disqualified from benefits until repaid, with further disqualification periods for violations. Md. Code, Crim. Law § 8-503; Md. Code, Lab. & Empl. §§ 8-1301, 8-1305 |
| Massachusetts | Knowingly making a false statement, or failing to disclose a material fact one has a duty to disclose, to the state welfare department to obtain support or payment under an assistance program is punished by a fine of $200 to $500 or up to 1 year in jail, and other criminal charges may also be brought. Knowingly making a false or misleading statement, or concealing a material fact, to obtain, keep or increase unemployment benefits is a felony punishable by up to 5 years in state prison, or 6 months to 2½ years in jail, and/or a $1,000 to $10,000 fine, with each false statement a separate offense; giving a false identity in a claim carries $100 to $1,000 and/or up to 6 months. Employers that evade contributions by false statements face a $10,000 to $50,000 fine and/or up to 5 years. Mass. G.L. c. 18, § 5B; G.L. c. 151A, § 47 |
| Michigan | Welfare fraud (obtaining or helping someone obtain public assistance by a willfully false statement, impersonation, fraudulent device or misuse of an access device, receiving more aid than one is entitled to, or failing to report income or other changes as required) is a misdemeanor when the amount involved is $500 or less and a felony when it is more than $500. When prosecution is not pursued, the state may recover the overpayment plus 5 percent annual interest. Unemployment benefits fraud (knowingly making false statements or hiding material facts to obtain or increase benefits) requires repayment plus damages equal to the amount obtained (1.5 times for a repeat violation); when $1,000 or more is obtained, it is also punishable by up to 1 year (under $25,000) or up to 2 years ($25,000 or more), or community service, and more than $3,500 but less than $25,000 is classified as a felony. MCL 400.60; MCL 421.54(b), (l) |
| Minnesota | Wrongfully obtaining public assistance (such as MFIP, food benefits, medical assistance, MinnesotaCare, general assistance or child care assistance) by a willfully false statement, concealment of a material fact, impersonation or other fraud is theft, sentenced on the theft scale by amount, and each period of continued wrongful receipt is a continuing offense; a conviction also leads to disqualification from assistance. Obtaining unemployment benefits by an intentional false statement or concealment is likewise theft sentenced under the theft statute. An employer that lies to avoid unemployment insurance payments commits a gross misdemeanor if the underpayment is $500 or less and a felony if it exceeds $500. Minn. Stat. §§ 256.98, 268.182; § 609.52, subds. 3, 4 |
| Mississippi | Welfare fraud (called fraud in public assistance programs) covers knowingly lying or hiding facts to get or keep benefits, failing to report changes, trading or selling food stamps, EBT or Medicaid cards, and false claims by providers. On conviction the court may impose up to 3 years in the penitentiary and a $1,000 to $10,000 fine, or up to 1 year in county jail and a $100 to $1,000 fine, and must order full restitution; the person may be suspended from the program where program law allows. Unemployment benefits fraud (knowingly making a false statement or hiding a material fact to get benefits) carries a $100 to $500 fine, up to 30 days in jail, or both, for each false statement; the claimant must repay the overpayment, with a 20% penalty and interest in fraud cases. Miss. Code Ann. §§ 97-19-71, 71-5-19 |
| Missouri | Knowingly receiving or using public assistance benefits or EBT cards one is not entitled to is a class A misdemeanor, or a class E felony (up to 4 years) at $750 or more or on a second offense, and a class D felony for further felony offenses; full restitution is required, and probation does not end until it is paid. Making a signed, false written statement to get public assistance (perjury for the purpose of obtaining public assistance) follows the same $750 line. Obtaining benefits by false statements or failing to report income may also be charged as stealing. Unemployment benefits fraud is a class A misdemeanor plus a civil penalty up to the value of the fraud, and a class E felony for a repeat offender. RSMo §§ 570.400, 570.408, 205.967, 288.395, 558.011 |
| Montana | Knowingly getting public assistance by a willfully false statement, impersonation or other fraud is treated as theft: up to 6 months and/or $1,500 at $1,500 or less, and up to 10 years and/or $50,000 above $1,500. Misusing or trading food stamp benefits carries up to 6 months and/or $1,500, or up to 10 years and/or $50,000 if over $1,500 or part of a common scheme. Medicaid fraud follows the same $1,500 line, with fines up to the greater of $50,000 or 10 times the payments obtained. Unemployment benefits fraud is a crime under the theft or false-statement laws; the person is disqualified from benefits for up to 52 weeks and must repay the benefits plus a 50% penalty. MCA 53-2-107, 45-6-301(4), (5), (7), 45-6-312, 45-6-313, 39-51-3201, 39-51-3202, 39-51-3203 |
| Nebraska | Getting or trying to get public assistance (including SNAP/EBT benefits, cash assistance, Medicaid payments and other benefits run by the Department of Health and Human Services) by a willfully false statement, impersonation or other device is a crime graded by the total value: under $500, Class IV misdemeanor ($500 fine); $500 to under $1,500, Class III misdemeanor (up to 3 months and/or $500); $1,500 or more, Class IV felony. For unemployment benefits, a person who willfully fails to report earnings or falsifies facts forfeits benefit rights as an adjudicator decides and must repay the overpayment plus a 15% penalty; the department may levy wages if not repaid within 12 months. Neb. Rev. Stat. §§ 68-1017, 48-663.01, 28-105, 28-106 |
| Nevada | Knowingly making a false statement or hiding a material fact to get or increase unemployment benefits is unemployment insurance fraud; obtaining $1,200 or more is punished as theft (a felony at that level). The person must repay the benefits with interest and penalties (including a mandatory 15% penalty) and is disqualified for up to 52 weeks or until repaid, whichever is longer. Medicaid fraud by false claims or statements with intent to defraud is a category D felony at $650 or more (a misdemeanor below $650), amounts in one scheme may be added together, and restitution is mandatory. NRS 612.445, 205.0835(2), 422.540; NRS 193.130, 193.140, 193.150 |
| New Hampshire | Getting public assistance or food stamp benefits by a false statement, impersonation or other fraud, failing to report income or changes that affect eligibility, or misusing food stamps is a crime graded by value: over $1,500, class A felony; more than $1,000 up to $1,500, class B felony; $1,000 or less, misdemeanor. Assistance is discontinued on conviction, and the court may let a person convicted of food stamp fraud work off restitution. Unemployment benefits fraud is a class A felony at $1,000 or more, a class B felony over $500, and a class A misdemeanor otherwise; the person is disqualified for one year and must pay restitution plus a 20% penalty. RSA 167:17-b, 167:17-c, 282-A:161, 282-A:163, 651:2 |
| New Jersey | Work First New Jersey (welfare/TANF and related assistance): making a false statement to qualify and receiving benefits as a result is a crime of the fourth degree (up to 18 months); intentional misrepresentation also brings disqualification for 6 months (first violation), 12 months (second) and permanently (third), and fraudulently claiming residence in two or more states brings a 10-year bar. Medicaid: willfully obtaining benefits one is not entitled to, or false statements or concealment to get benefits or payments, is a third-degree crime (3-5 years) with no presumption against prison for first offenders. Unemployment: a knowingly false statement or failure to disclose a material fact to obtain benefits carries a fine of 25% of the amount fraudulently obtained for each offense, in addition to other penalties. Theft of health-care benefits budgeted by the Department of Human Services is graded as theft (third degree under $75,000; second degree at $75,000 or more). N.J.S.A. 44:10-48(b)(8)-(9), (c); N.J.S.A. 30:4D-17(a)-(b); N.J.S.A. 43:21-16(a); N.J.S. 2C:20-2(b) |
| New Mexico | Knowingly failing to disclose a material fact or a change in circumstances to obtain or keep receiving public assistance one is not entitled to is a crime graded by the value wrongly received in any 12 consecutive months: $250 or less a petty misdemeanor; over $250 to $500 a misdemeanor; over $500 to $2,500 a fourth degree felony (18 months); over $2,500 to $20,000 a third degree felony (3 years); and over $20,000 a second degree felony (9 years). A public employee who misappropriates food stamp benefits, WIC checks or public assistance funds faces the same value grades. Medicaid fraud (for example kickbacks or false claims for payment) is a fourth degree felony or graded by value depending on the conduct. Unemployment benefit fraud is in the Unemployment Compensation Law (chapter 51), which was not read in this pass. NMSA 1978, 30-40-1, 30-40-3, 30-44-7; NMSA 1978, 31-18-15, 31-19-1 |
| New York | Welfare fraud (knowingly, with intent to defraud, making false statements, impersonating someone, or filing a false application to get, keep or increase public assistance benefits administered by social services, which includes benefits accessed by food stamp and medical assistance cards) is a class A misdemeanor, a class E felony over $1,000, class D over $3,000, class C over $50,000, and class B over $1 million. Trading or misusing a public benefit card (for example, exchanging it for money or drugs) is a separate offense starting as a class A misdemeanor. For unemployment insurance, a claimant who willfully makes a false statement to get benefits forfeits 1 to 20 effective weeks of future benefits, must repay all overpaid money, and pays a civil penalty of the greater of $100 or 15% of the overpayment. N.Y. Penal Law 158.00, 158.05-158.25, 158.30; N.Y. Labor Law 594 |
| North Carolina | Public assistance fraud (willfully and knowingly making a false statement or hiding a material fact to obtain or keep public assistance) is a Class 1 misdemeanor if $400 or less and a Class I felony if more than $400; food and nutrition (SNAP) benefit fraud and Medicaid recipient fraud use the same $400 line. Unemployment fraud is likewise a Class 1 misdemeanor at $400 or less and a Class I felony above $400; a claimant found to have knowingly made a false statement is disqualified for 52 weeks, must repay the overpayment (which may be taken from up to 100% of future weekly benefits), and owes a 15% penalty. N.C. Gen. Stat. 108A-39, 108A-53, 108A-64; 96-18(a), (e), (g), (h) |
| North Dakota | North Dakota treats obtaining or trying to obtain public assistance by concealing a material fact, making a false statement, impersonating someone, hiding a transfer of property, or other fraud as 'deception' under its theft law, so welfare fraud is graded as theft by value (class A misdemeanor up to $1,000; class C felony over $1,000; class B felony over $10,000; class A felony over $50,000). For unemployment insurance, a person found to have made a false statement to obtain benefits they were not entitled to is disqualified for one year from the date of that determination (unless it was an honest mistake). Medicaid providers are civilly liable for up to 25% of amounts paid because of fraud or abuse. N.D.C.C. 12.1-23-10(2)(a), 12.1-23-02, 12.1-23-05; 52-06-02(8)(a); 50-24.1-36 |
| Ohio | Illegally using, buying, selling or trafficking SNAP or WIC benefits is a fifth-degree felony, a fourth-degree felony at $1,000 to under $7,500, a third-degree felony at $7,500 to under $150,000, and a second-degree felony at $150,000 or more (amounts within 12 months may be added together). Making a false statement to secure unemployment compensation, Ohio Works First, disability assistance or other publicly paid benefits is falsification, a first-degree misdemeanor; benefits obtained by deception can also be charged as theft graded by value. Medicaid fraud runs from a fifth-degree felony to a first-degree felony at $750,000 or more, with fines up to $150,000. For unemployment fraud, the claim is canceled, the claimant loses two weekly claims for each fraudulent one, must repay the money, and pays a mandatory 25% penalty. R.C. 2913.46, 2921.13(A)(4), (F); 2913.40; 4141.35(A) |
| Oklahoma | Getting public assistance (such as TANF) or food stamps (SNAP) by a false statement, impersonation, a sham transfer of property, knowingly failing to report income, property or household members, or misusing a benefit card is a misdemeanor if the total is $500 or less (up to $500 fine and/or up to 3 months in jail) and a Class D3 felony if it is more than $500 (up to $5,000 fine and/or up to 2 years). Trafficking in SNAP benefits is a felony above $100. Lying or hiding a material fact to get unemployment benefits is a misdemeanor ($50 to $500 fine and/or up to 90 days; $100 to $1,000 and/or up to 180 days for a repeat in a later benefit year), each week being a separate offense, and a suspended or deferred sentence requires full repayment of the benefits. 56 O.S. §§ 185, 243; 40 O.S. § 5-102; 21 O.S. § 20P |
| Oregon | Knowingly obtaining public assistance or medical assistance by a false statement or fraudulent device, by failing to report income, property or other changes that affect eligibility, or by hiding or transferring property to appear eligible, is a Class C felony (up to 5 years) that the court may reduce to a Class A misdemeanor. For unemployment benefits, a claimant who willfully makes a false statement or hides a material fact to get benefits can be disqualified from benefits for up to 52 weeks, and an employer who makes false statements about a claim commits a Class A misdemeanor. ORS 411.630, 411.990(2); ORS 657.215, 657.300, 657.990(2) |
| Pennsylvania | Getting or trying to get public assistance or food stamps by a willful false statement, impersonation, willfully hiding a material eligibility fact, or other fraud (or helping someone else do so) is a third-degree felony (up to 7 years) if the amount is $1,000 or more, and a first-degree misdemeanor (up to 5 years) if it is $999 or less or only an attempt. The court must order repayment, which may continue past the maximum prison term, and prosecution must begin within four years. A person convicted is barred from cash assistance for 6 months after a first conviction, 12 months after a second, and permanently after a third. 62 P.S. § 481 (Human Services Code § 481); 18 Pa.C.S. §§ 1103, 1104 |
| Rhode Island | Obtaining or trying to obtain public assistance (or food stamps/SNAP) by any fraudulent device, or willfully failing to report income or resources, is larceny: up to 5 years and/or a fine of up to $1,000 if the benefits wrongly obtained exceed $500, and less than 1 year and/or up to $500 if $500 or less. A person convicted of food stamp fraud is barred from the program for 6 to 24 months as set by the court (the rest of the household stays eligible). Making knowingly false statements to get unemployment benefits is a misdemeanor punishable by up to 1 year and/or a fine of $1,000 or double the fraud amount, whichever is greater, and the department adds a 15% penalty on fraudulent overpayments. R.I. Gen. Laws §§ 40-6-15, 40-6-16, 28-42-62.1 |
| South Carolina | Getting or trying to get food stamps (SNAP) by false statements, impersonation, fictitious transfers or other fraud, or illegally acquiring, using or trading benefits (for example for non-food items), is graded by value: $2,000 or less, a misdemeanor in magistrate or municipal court (up to $1,000 and/or 30 days); more than $2,000 but less than $10,000, a felony (up to $500 and/or 5 years); $10,000 or more, a felony (up to $5,000 and/or 10 years). A store that allows prohibited purchases can be barred from the program for up to two years and fined up to $5,000. For Family Independence (TANF) aid, the welfare chapter provides for recovery of overpayments, including by reducing future aid. S.C. Code § 16-13-430; S.C. Code § 43-5-30 |
| South Dakota | Knowingly using or acquiring a SNAP (food stamp) EBT card to get benefits one is not entitled to, or selling or trading an EBT card for anything of value, is a Class 1 misdemeanor if the card value is $1,000 or less and a Class 6 felony (up to 2 years) if more, with amounts in one scheme within 12 months aggregated; misusing goods bought with SNAP benefits is a Class 1 misdemeanor. Getting unemployment benefits by misrepresentation is a Class 1 misdemeanor if the attempt fails or $200 or less is obtained, and a Class 6 felony above $200, with benefits over a 12-month period aggregated. SDCL 28-1-82, 28-1-83, 61-6-40; SDCL 22-6-1, 22-6-2 |
| Tennessee | Getting food assistance (SNAP) by false statements, impersonation or other fraud, or trafficking benefits or EBT cards, is a Class E felony (1 to 6 years) if the value is $100 or more, with a $1,000 to $5,000 fine ($2,500 to $10,000 with a false identity), and a Class A misdemeanor under $100. The person must repay the full value and may be disqualified for 12 months, 24 months, or permanently for a third offense (permanently on a first offense for trafficking $500 or more or trading benefits for guns). Obtaining TennCare (Medicaid) benefits by fraud, including hiding income or doctor shopping, is a Class D felony (2 to 12 years) with fines of $250 to $1,000, mandatory restitution, and possible disqualification; false claims by providers can be graded higher by value. Tenn. Code Ann. §§ 71-5-314, 71-5-2601; § 40-35-111 |
| Texas | Knowingly using, altering or transferring a SNAP (food stamp) EBT card in an unauthorized way, or possessing a card or redeeming benefits without authorization, is a Class A misdemeanor if the value is under $200 and a third-degree felony (2 to 10 years) at $200 or more; amounts taken in one scheme can be added together. Medicaid and other health care program fraud (false statements or hiding information to get benefits or payments one is not entitled to) is graded by value from a Class C misdemeanor (under $100) up to a first-degree felony ($300,000 or more). Tex. Hum. Res. Code § 33.011; Tex. Penal Code § 35A.02; §§ 12.21-12.35 |
| Utah | Public assistance fraud includes failing to disclose required facts when applying, failing to report changes in income or circumstances within 10 days or at review, misusing or trafficking SNAP benefits or Medicaid cards, and receiving unauthorized payments. Each is graded by the value of the benefits: class B misdemeanor under $500; class A misdemeanor at $500 to under $1,500; third degree felony at $1,500 to under $5,000; second degree felony at $5,000 or more, with related instances added together, and repaying the benefits is not a defense. Making a false statement or hiding a material fact to obtain or increase unemployment benefits is graded on the same value scale. Utah Code §§ 76-8-1203.1, 76-8-1203.3, 76-8-1301; §§ 76-3-203, 76-3-204 |
| Vermont | Knowingly hiding or misstating facts to get or keep public assistance (such as SNAP or health care benefits), failing to report changes in circumstances, or misusing or trafficking SNAP cards or health program ID cards is fraud. If the benefits from one scheme total $1,000 or less, the penalty is up to one year and a fine up to the amount wrongfully obtained; over $1,000, up to three years and a fine up to that amount. Program staff who misappropriate benefits and providers who file false claims face up to 10 years; benefits can be recouped from ongoing payments, and convicted Medicaid providers are suspended for four years. Making a false statement to get or increase unemployment benefits is separately prohibited. 33 V.S.A. §§ 141, 143; 21 V.S.A. § 1368 |
| Virginia | Getting or trying to get public assistance or other designated benefits (including Medicaid-administered programs) through a willful false statement, impersonation or other fraud is larceny, as is knowingly trafficking in or misusing SNAP benefits, EBT cards or energy assistance; it is graded by value as grand larceny ($1,000 or more: 1 to 20 years, or up to 12 months in jail and/or $2,500) or petit larceny (a Class 1 misdemeanor). Knowingly making a false statement or hiding a material fact to get or increase unemployment benefits is a Class 1 misdemeanor for each false statement. Va. Code §§ 63.2-522, 63.2-523, 60.2-632, 18.2-95, 18.2-96 |
| Washington | Getting or trying to get public assistance (including medical care and food stamp/SNAP benefits) by willful false statements, impersonation, or willfully failing to report income, resources, household or other changes is theft in the first degree under the welfare law, punishable by up to 15 years in prison. Knowingly giving false information or withholding required information under the unemployment insurance law is a misdemeanor, with a fine of $20 to $250 or up to 90 days in jail, and other crimes (such as theft) can also be charged. RCW 74.08.331, 50.36.010 |
| West Virginia | Getting, or trying to get, welfare assistance one is not entitled to (or more than one is entitled to) through a willfully false statement, misrepresentation or impersonation is a misdemeanor when the total is $500 or less (a fine up to $1,000 or up to 1 year in jail) and a felony when it exceeds $500 (a fine up to $5,000 or 1 to 5 years in prison). Knowingly submitting a false Medicaid claim, or paying or taking kickbacks, is a felony of 1 to 10 years, a fine up to $10,000, or both. Unemployment benefits fraud (a knowingly false statement or hiding a material fact to get benefits) is a misdemeanor for each false statement: a $100 to $1,000 fine, up to 30 days in jail, or both, plus full repayment and a 20% penalty on the overpayment. W. Va. Code §§ 9-5-4, 9-7-5, 21A-10-7 |
| Wisconsin | Public assistance fraud: a false statement in an application for or receipt of public assistance is a Class A misdemeanor, and hiding eligibility changes or misusing vouchers is graded by value, from a Class B forfeiture ($300 or less) up to a Class G felony (over $10,000). FoodShare (SNAP) fraud such as misstating facts or failing to report changes is a Class B misdemeanor up to $100, a Class I felony over $100 and under $5,000 (Class H with a prior), and a Class G felony at $5,000 or more, plus court-ordered suspension from the program (1 to 2.5 years first, permanent on a third). Medical Assistance (Medicaid) fraud is a Class H felony with a fine up to $25,000. Unemployment benefits fraud is a fine up to $10,000 or up to 9 months (or both) up to $2,500, and a Class I, H or G felony above $2,500, $5,000 and $10,000. Wis. Stat. §§ 946.93, 946.92(3), 946.91(2), 108.24(1), 939.50(3), 939.51(3) |
| Wyoming | Knowingly making a false statement, hiding a material fact, or conspiring to obtain SNAP (food stamp) benefits or other public welfare benefits, illegally buying, selling or trading SNAP benefits, or giving away resources to qualify is a felony punishable by up to 10 years, a fine up to $10,000, or both when the value is $500 or more, and a misdemeanor (up to 6 months, up to $750, or both) below $500. The state may recover the overpaid benefits, and benefits are cut off until the sentence is completed and full restitution is made. Medicaid fraud is a misdemeanor under $1,000 and a felony (up to 10 years, up to $10,000, or both) at $1,000 or more. Unemployment benefits fraud is a misdemeanor (up to $750, 90 days, or both) under $1,000 and a felony (up to 5 years, up to $5,000, or both) at $1,000 or more, with mandatory restitution and a 2-year disqualification from benefits. W.S. 42-2-112, 42-4-406, 27-3-702 |
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.