Food Coupon Problem

Karla Koff is a food coupon recipient. She had developed a bad cough and needed cough syrup pretty badly. She was not feeling particularly well when she arrived at the store and could not find a parking space.  She was anxious to get in, purchase the cough syrup and get home. As a result, she parked in a disabled spot (which she knew was illegal) thinking she could rush in, buy the cough syrup and leave within a few minutes. When she got to the medicine aisle, she noticed that her regular brand of cough syrup had just introduced a "maximum strength" product. She purchased the maximum strength syrup using food coupons. The maximum strength cough syrup contains 18% alcohol. Unbeknownst to Karla, food coupon regulations prohibit the purchase of any item containing more than 10% alcohol with food coupons.

Due to publicized reports of widespread abuse and fraud in the food coupon program, the prosecutor has begun enforcing a no tolerance program with regard to use of food coupons and prosecutes in any case where the evidence can support conviction. He hoped to use these publicized prosecutions to deter others and curb the widespread abuse. As a result of the zero tolerance program, Karla was arrested and charged with violation of §655.500.

655.500 Whoever wilfully transfers, uses or accepts food coupons in a manner not authorized by law shall be guilty of a misdemeanor.

Discuss the potential criminal liability of Karla under this statute.

Assume instead that the relevant statute reads as follows:

556.500 Whoever knowingly violates food coupon regulations shall be guilty of a misdemeanor

Discuss Karla’s potential criminal liability under this statute as well.