26B-3-1108. Criminal penalties.
| (1) |
Attorney's NoteUnder the Utah Code, punishments for crimes depend on the classification. In the case of this section:
| Class | Prison | Fine |
|---|
| class A misdemeanor | up to 364 days | up to $2,500 | | class B misdemeanor | up to 6 months | up to $1,000 |
For details, see Utah Code § 76-3-204Terms Used In Utah Code 26B-3-1108- Property: includes both real and personal property. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
| (a) |
Except as provided in Subsection (1)(b) the culpable mental state required for a criminal violation of this part is knowingly, intentionally, or recklessly as defined in Section 76-2-103. |
| (b) |
The culpable mental state required for a criminal violation of this part for kickbacks and bribes under Section 26B-3-1103 is knowingly and intentionally as defined in Section 76-2-103. |
|
| (2) |
The punishment for a criminal violation of any provision of this part, except as provided under Section 26B-3-1104, is determined by the cumulative value of the funds or other benefits received or claimed in the commission of all violations of a similar nature, and not by each separate violation. |
| (3) |
Punishment for criminal violation of this part, except as provided under Section 26B-3-1104, is:
| (a) |
a second degree felony if the value of the property or service is or exceeds $5,000; |
| (b) |
a third degree felony if the value of the property or service is or exceeds $1,500 but is less than $5,000; |
| (c) |
a class A misdemeanor if the value of the property or service is or exceeds $500 but is less than $1,500; or |
| (d) |
a class B misdemeanor if the value of the property or service is less than $500. |
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Amended by Chapter 111, 2023 General Session
Renumbered and Amended by Chapter 306, 2023 General Session
