Any person convicted of an offense under subdivision 28-1-82(1) or (2) with a Supplemental Nutrition Assistance Program EBT card value of one thousand dollars or less is guilty of a Class 1 misdemeanor. Any person convicted of an offense under subdivision 28-1-82(1) or (2) with a Supplemental Nutrition Assistance Program EBT card value of more than one thousand dollars is guilty of a Class 6 felony. Amounts involved in the acquisition or transfer of EBT cards in violation of subdivisions 28-1-82(1) and (2), committed pursuant to one scheme or course of conduct in any twelve-month period, may be aggregated in determining the degree of the offense. Any person convicted of an offense under subdivision 28-1-82(3) or (4) is guilty of a Class 1 misdemeanor.

Source: SL 2005, ch 148 , § 2; SL 2023, ch 94 , § 3.