720 ILCS 5/17-6.3(d) – WIC fraud (Unauthorized Possession of Identification)

720 ILCS 5/17-6.3(d) – WIC fraud (Unauthorized Possession of Identification)

This law makes it illegal to misuse WIC benefits or documents in Illinois.

This statute explains that people who cheat the WIC food program–by selling, trading, altering, or wrongly using WIC coupons or IDs–can face criminal penalties depending on how much money is involved. It also allows the state to take property gained through fraud and ban offenders from the program in the future.

(a) The term “WIC” refers to the state program that gives food and nutrition help to women, infants, and children through the Illinois Department of Public Health or the Department of Human Services.

(b) A person commits WIC fraud if they knowingly use, have, or give away WIC checks, cards, or authorizations in a way that is not allowed by the law or WIC rules, or if they use or transfer altered WIC materials.

(d) A person commits unauthorized possession of identification if they knowingly keep someone else’s WIC ID or document with the intent to commit another crime. This includes cards, authorizations, or any papers that show someone has WIC benefits.

(e) Penalties:

2. Sentence: Having another person’s WIC identification card or document with intent to commit a crime is a Class 4 felony.
3. The State’s Attorney or Attorney General will file cases under this law on behalf of the People of Illinois.
4. All the money or value gained through the illegal actions is added together to decide the seriousness of the crime.

(f) Seizure and forfeiture of property:

1. Anyone who commits a felony under this section may have property taken away following Illinois law.
2. Police may seize property by court order or without a warrant if:
   1. It happens during an inspection with an administrative inspection warrant.
   2. The property was already ruled illegal or forfeited in another case.
   3. There is probable cause it is dangerous to health or safety.
   4. There is probable cause it was used in the crime and taking it without a warrant is reasonable.
   5. It follows legal procedures under Illinois law.

(g) Anyone convicted of felony WIC fraud cannot be a WIC vendor for at least 3 years and until all money or goods gained from the fraud are paid back. This rule also applies to company officers or owners who controlled or had a stake in a business convicted of WIC fraud.

View the full statute here.

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