Wyoming Statutes

Wyo. Stat. § 42-2-112 (2026)

Misrepresentation; penalties; recovery,

✓ current as of May 2026

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termination or modification of assistance and services.

     (a) No person shall knowingly make a false statement or
misrepresentation, fail to disclose a material fact, aid, abet
or conspire with any other person in obtaining any form of
supplemental nutrition assistance benefit under the supplemental
nutrition assistance program.

     (b) No person shall knowingly make a false statement or
misrepresentation, fail to disclose a material fact, aid, abet
or conspire with any other person in obtaining any commodity
under the supplemental nutrition assistance program.

     (c) No person shall knowingly trade or otherwise dispose
of any supplemental nutrition assistance benefit received under
the supplemental nutrition assistance program, except to a
federally authorized food retailer.

     (d) No person shall knowingly sell any form of
supplemental nutrition assistance benefit to any other person.

     (e) No person shall knowingly give, sell, trade or
otherwise dispose of any commodity obtained under the
supplemental nutrition assistance program to any other person.

     (f) No person shall knowingly buy, trade or otherwise
obtain any form of supplemental nutrition assistance benefit
from any other person, except as authorized by law.
     (g) No person shall knowingly buy, trade or otherwise
obtain any commodity under the supplemental nutrition assistance
program from any other person, except as authorized by law.

     (h) No person shall knowingly make a false statement or
misrepresentation, knowingly fail to disclose a material fact,
aid, abet or conspire with any other person in obtaining public
welfare benefits.

     (j) No person shall knowingly directly or indirectly
deprive himself of any property, income or other resources in
order to qualify for public welfare benefits.

    (k)   Any person violating this section is guilty of:

          (i) A felony punishable by imprisonment for not more
than ten (10) years, a fine of not more than ten thousand
dollars ($10,000.00), or both, if the value of the commodity,
supplemental nutrition assistance benefit or other public
welfare benefit under this article is five hundred dollars
($500.00) or more; or

          (ii) A misdemeanor punishable by imprisonment for not
more than six (6) months, a fine of not more than seven hundred
fifty dollars ($750.00), or both, if the value of the commodity,
supplemental nutrition assistance benefit or other public
welfare benefit under this article is less than five hundred
dollars ($500.00).

     (m) In addition to the penalty imposed under subsection
(k) of this section, the amount of public welfare benefits
improperly provided due to any violation of this section may be
recovered by appropriate action which shall be instituted by the
department or by the attorney general on behalf of the
department.

     (n) The department shall disapprove, terminate or modify
the public welfare benefits to any applicant or recipient who
has been found guilty of violating this section until any court
sentence under this section is completed and full restitution is
made to the department. Public welfare benefits shall not be
denied to any minor because of violation of this section by a
parent or guardian.

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 2006–2025 · leading case: Debora McEwan v. The State of Wyoming, 2013 WY 158 (Wyo. 2013).

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Debora McEwan v. The State of Wyoming, 2013 WY 158 (Wyo. 2013). · cites it 2× “with three felonies: knowingly failing to report income to obtain food stamp benefits of $500 or more in violation of Wyo. Stat. Ann. § 42-2-112 (a), (k)(M; knowingly falsifying work hours to obtain child care assistance in violation of § 42-~12-112(h), (k)); and knowingly…”

McEwan v. State, 419 P.3d 881 (Wyo. 2018). · cites it 4× “McEwan was charged with knowingly failing to report income to obtain food stamp benefits of $500 or more in violation of Wyo. Stat. Ann. § 42-2-112 (a), (k)(i) ; knowingly falsifying work hours to obtain child care assistance in violation of § 42-2-112(h), (k)(i) ; and knowingly…”

Fernandez v. State, 2006 WY 8 (Wyo. 2006). · cites it 4× “FACTS [¶ 2] On January 16, 2003, an Information was filed in circuit court charging Fernandez with three counts of fraudulently obtaining welfare benefits, in violation of Wyo. Stat. Ann. § 42-2-112 (h) (Michie 1997), and two counts of fraudulently obtaining food stamps, in…”

Bobbie J. Shafer, 2015 WY 38 (Wyo. 2015). · cites it 3× “Shafer with three counts of welfare fraud in violation of Wyo. Stat. Ann. § 42-2-112 (LexisNexis 2018).”

Sarah Renee Fitzwater v. The State of Wyoming, 2025 WY 88 (Wyo. 2025). · cites it 8× “Fitzwater with nineteen counts of welfare fraud in violation of Wyo. Stat. Ann. § 42-2-112 (a) (2025) (Counts 1-13) and (h) (Counts 14-19).”

— Wyo. Stat. § 42-2-112(a) — 2 cases

McEwan v. State, 419 P.3d 881 (Wyo. 2018). “McEwan was charged with knowingly failing to report income to obtain food stamp benefits of $500 or more in violation of Wyo. Stat. Ann. § 42-2-112 (a), (k)(i) ; knowingly falsifying work hours to obtain child care assistance in violation of § 42-2-112(h), (k)(i) ; and knowingly…”

Sarah Renee Fitzwater v. The State of Wyoming, 2025 WY 88 (Wyo. 2025). “Fitzwater with nineteen counts of welfare fraud in violation of Wyo. Stat. Ann. § 42-2-112 (a) (2025) (Counts 1-13) and (h) (Counts 14-19).”

— Wyo. Stat. § 42-2-112(h) — 2 cases

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