655.500 Whoever transfers, uses or accepts food coupons in a manner not authorized by law shall be guilty of a misdemeanor punishable by up to one year incarceration and/or a fine up to $5000.

Due to publicized reports of widespread abuse and fraud in the food coupon program, the prosecutor decided to begin enforcing a no tolerance program with regard to use of food coupons and to prosecute in any case where appropriate. She hoped to use these publicized prosecutions to deter others and curb the widespread abuse.

Consider the following scenarios:

1. Mike Manger is the Assistant Manager at Shop-Rite Market. Last week, several of his check-out clerks called in sick on the same day and he was forced to fill in at the register. While he was acting as a check-out clerk, Sam Shopper came to his check-out counter with a cart full of groceries. The store was busy and Mike was in a hurry to get through with Sam’s order. Because people using food coupons are required to notify the clerk of this fact in advance, Mike knew Sam was planning to use food coupons to purchase his order. Among Sam’s purchases was $15.00 worth of pet food. Sam knew he was not supposed to use food coupons to purchase pet food, but he always presented at least some of his non-food coupon items along with his other items in the hopes that the clerks wouldn’t notice and would allow him to use the coupons. He often gets away with this and uses the coupons for non-authorized items. Sam presented Mike with food coupons to pay for his order and Mike accepted them as payment. He knew the items Sam was purchasing were pet food and he knew there were extensive regulations regarding what could be purchased with food coupons, but he was unaware that state law prohibits use of food coupons to purchase pet food. Mike and Sam were arrested and charged with violation of §655.500.

2. Keith Koff is a food coupon recipient. He goes to the market every other week to purchase groceries. Because he has a chronic cough during allergy season, he often purchases cough syrup. He knows that he cannot purchase any product containing more than 10% alcohol, and he was aware that the cough syrup he usually purchased contained 10%. When he got to the medicine aisle, he noticed that his regular brand of cough syrup had just introduced a "maximum strength" product. His cough had been particularly bad lately, so he purchased it using food coupons without reading the label. The cough syrup contains 18% alcohol. He was arrested and charged with violation of §655.500.

Discuss the potential criminal liability of Mike, Sam and Keith. What other information would you want in determining whether prosecution of these defendants is likely to be successful?