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LawEnforcement4you
LawEnforcement4you, Policeperson
Category: Criminal Law
Satisfied Customers: 45
Experience:  Police Officer – 22 yrs., Chief of Police – 5 yrs., Accident Reconstruction Specialist
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I got knocked off line before i got an answer to my question.....the question was....Does Pennsylvania have a statute of limitations on food stamp fraud and how long from the time of the oincident before you can no longer be prosecuted
Submitted: 6 years ago.
Category: Criminal Law
Expert:  LawEnforcement4you replied 6 years ago.
HelloCustomer

The short answer is yes. Welfare fraud has a five (5) year statue of limitation by Pennsylvania criminal code. I have attached below Chapter 55 limitation of time and welfare fraud is under (b) 4.

However, be advised that there is a tolling of the statue of initiation in Pennsylvania if you leave the commonwealth and do not maintain an address there then the statue of limitations stops until you return.

I would believe that if there were a welfare fraud charge there would also be a theft by unlawful taking and a theft by deception. They both have a two (2) year statue of limitation, which is also subject to the tolling provision.

Welfare Fraud, 62 P.S. §481(a) F-3,

Theft by Unlawful Taking, 18 Pa.C.S. §3921 F-3,

Theft by Deception, 18 Pa.C.S. §3922 F-3

Good Luck and I hope I answered your question.

LEF4U

 

Pennsylvania Consolidated Statutes

CHAPTER 55. LIMITATION OF TIME

Subchapter C. Criminal Proceedings.

§ 5552. Other offenses.

(a) General rule.--Except as otherwise provided in this subchapter, a prosecution for an offense must be commenced within two years after it is committed.

(b) Major offenses.--A prosecution for any of the following offenses must be commenced within five years after it is committed:

  1. Under the following provisions of Title 18 (relating to crimes and offenses):
    • Section 911 (relating to corrupt organizations).
    • Section 2702 (relating to aggravated assault).
    • Section 2706 (relating to terroristic threats).
    • Section 2901 (relating to kidnapping).
    • Section 3121 (relating to rape).
    • Section 3122.1 (relating to statutory sexual assault).
    • Section 3123 (relating to involuntary deviate sexual intercourse).
    • Section 3124.1 (relating to sexual assault).
    • Section 3125 (relating to aggravated indecent assault).
    • Section 3301 (relating to arson and related offenses).
    • Section 3502 (relating to burglary).
    • Section 3701 (relating to robbery).
    • Section 3921 (relating to theft by unlawful taking or disposition) through section 3933 (relating to unlawful use of computer).
    • Section 4101 (relating to forgery).
    • Section 4108 (relating to commercial bribery and breach of duty to act disinterestedly).
    • Section 4109 (relating to rigging publicly exhibited contest).
    • Section 4117 (relating to insurance fraud).
    • Section 4302 (relating to incest).
    • Section 4701 (relating to bribery in official and political matters) through section 4703 (relating to retaliation for past official action).
    • Section 4902 (relating to perjury) through section 4912 (relating to impersonating a public servant).
    • Section 4952 (relating to intimidation of witnesses or victims).
    • Section 4953 (relating to retaliation against witness or victim).
    • Section 5101 (relating to obstructing administration of law or other governmental function).
    • Section 5511 (relating to dealing in proceeds of unlawful activities).
    • Section 5512 (relating to lotteries, etc.) through section 5514 (relating to pool selling and bookmaking).
    • Section 5902(b) (relating to prostitution and related offenses).
    • Section 6312 (relating to sexual abuse of children).
  2. Any offense punishable under section 13(f) of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act.
  3. Any conspiracy to commit any of the offenses set forth in paragraphs (1) and (2) and any solicitation to commit any of the offenses in paragraphs (1) and (2) if the solicitation results in the completed offense.
  4. Under the act of June 13, 1967 (P.L.31, No.21), known as the Public Welfare Code.
LawEnforcement4you, Policeperson
Category: Criminal Law
Satisfied Customers: 45
Experience: Police Officer – 22 yrs., Chief of Police – 5 yrs., Accident Reconstruction Specialist
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