39-720.
Penalty relating to fraudulent acts; civil actions, evidence.
Any person who obtains or attempts to obtain, or aids or abets any other person to obtain, by means of a willfully false statement or representation, or by impersonation, collusion, or other fraudulent device, assistance to which the applicant or client is not entitled, shall be guilty of the crime of theft, as defined in section K.S.A. 21-5801, and amendments thereto. Such person shall be required to remit to the secretary the amount of any assistance given such person under such fraudulent act. In any civil action for the recovery of assistance on the grounds the assistance was fraudulently obtained, proof that the recipient of the assistance possesses or did possess resources which does or would have rendered such person ineligible to receive such assistance shall be deemed prima facie evidence that such assistance was fraudulently obtained.
History:
L. 1937, ch. 327, § 18; L. 1951, ch. 288, § 5; L. 1972, ch. 170, § 1; L. 1973, ch. 186, § 14; L. 2011, ch. 30, § 173; July 1.
Notes of Decisions
Cited in
18
cases (
1 in the last 5 years), 1973–2024 · leading case:
State v. Micheaux, 747 P.2d 784 (Kan. 1987).
State v. Micheaux, 747 P.2d 784 (Kan. 1987).
· cites it 32× “: This is a direct appeal by the defendant, Latisa Micheaux, from her conviction following a plea of guilty to one count of welfare fraud (K.S.A. 39-720 and K.S.A. 1986 Supp. 21-3701).”
State v. Reed, 865 P.2d 191 (Kan. 1993).
· cites it 9× “21-3701, instead of the welfare fraud statute, K.S.A. 39-720. The Court of Appeals reversed and remanded to the district court with orders to vacate the conviction.”
State v. Wilcox, 775 P.2d 177 (Kan. 1989).
· cites it 8× “A more specific statute is the statute on welfare fraud, K.S.A. 39-720. That statute reads: “Any person who obtains or attempts to obtain, or aids or abets any other person to obtain, by means of a willfully false statement or representation, or by impersonation, collusion, or…”
State v. Fritz, 933 P.2d 126 (Kan. 1997).
· cites it 5× “The district court dismissed the complaint against Wilcox on the ground that the charges should have been brought under the specific statute, K.S.A. 39-720, which makes welfare fraud a crime.”
Easterwood v. State, 44 P.3d 1209 (Kan. 2002).
“21-3701, instead of the welfare fraud statute, K.S.A. 39-720. In rejecting this contention, we stated: “Reed was represented by counsel.”
State v. Jones, 775 P.2d 183 (Kan. Ct. App. 1989).
· cites it 3× “: The defendant, Laufranze Keoka Jones, was charged *521 with two counts of welfare fraud (K.S.A. 39-720), one count of making a false writing (K.”
State v. Delcambre, 805 P.2d 233 (Wash. 1991).
“Kan. Stat. Ann. § 39-720 (1986). Kan. Stat.”
State v. Bryan, 738 P.2d 463 (Kan. Ct. App. 1987).
· cites it 19× “: This is a criminal case in which defendant Ruth Bryan appeals her convictions of four counts of felony theft pursuant to K.S.A. 39-720 and K.S.A. 1986 Supp. 21-3701, commonly known as welfare fraud.”
Young v. Harder, 361 F. Supp. 64 (D. Kan. 1973).
· cites it 2× “Second, Kan.Stat.Ann. § 39-720 (1972 Supp.), establishes a presumption that assistance was obtained fraudulently upon proof the recipient possesses or did possess resources which would render him ineligible for assistance.”
State v. Maxon, 79 P.3d 202 (Kan. Ct. App. 2003).
“2d 177 (1989) (welfare fraud must be prosecuted under the specific statute, K.S.A. 39-720, and not the general statute of making a false writing).”
Carmichael v. State, 856 P.2d 934 (Kan. Ct. App. 1993).
“In Wilcox , the court held persons accused of welfare fraud must be charged under K.S.A. 39-720 and not under K.S.A. 21-3711.”
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