Sec. 1. 17-A MRSA §759 is enacted to read:

§759.__Unlawful trafficking in food stamp devices

1.__A person is guilty of unlawful trafficking in food stamp devices if, for consideration of any kind, the person intentionally or knowingly furnishes coupons, authorization cards or access devices issued pursuant to 7 United States Code, Chapter 51 to any person other than an entity approved by the United States Secretary of Agriculture for such transactions.

Redemption of coupons by an entity approved by the United States Secretary of Agriculture pursuant to 7 United States Code, Chapter 51 for redemption or redemption of coupons by financial institutions insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation or the Federal Credit Union Act does not constitute a violation of this section.

2.__Unlawful trafficking in food stamp devices is a Class D crime.

3.__Notwithstanding subsection 2, unlawful trafficking in food stamp devices is a Class C crime if the State also pleads and proves:

A.__That the consideration for the coupons, authorization cards or access devices included dangerous weapons, firearm ammunition or explosives, or that the person unlawfully trafficking in the coupons, authorization cards or access devices did so with the intent to use the consideration received, whatever that consideration may have been, for acquiring dangerous weapons, firearm ammunition or explosives;

B.__That the value of the coupons, authorization cards or access devices, or the consideration for which they were furnished, in fact exceeded $2,000; or

C.__That the defendant had been previously convicted of a violation of this section or a criminal violation of 7 United States Code, Chapter 51.__The date of such a prior conviction must have preceded the date of the commission of the crime being enhanced by no more than 10 years.

4.__For the purposes of this section, the meaning of "value" must be determined according to section 352, subsection 5, paragraphs A to D.__Amounts of value involved in individual