Utah Code 26B-3-1109. Civil penalties

26B-3-1109. Civil penalties.

(1)

The culpable mental state required for a civil violation of this part is “knowing” or “knowingly” which:

Terms Used In Utah Code 26B-3-1109

Claim: means any request or demand for money or property:

(a)

made to any:

(i)	employee, officer, or agent of the state;

(ii)	contractor with the state; or

(iii)

grantee or other recipient, whether or not under contract with the state; and

(b)

if:

(i)	any portion of the money or property requested or demanded was issued from or provided by the state; or

(ii)

the state will reimburse the contractor, grantee, or other recipient for any portion of the money or property. See Utah Code 26B-3-1101

Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.

Person: means an individual, corporation, unincorporated association, professional corporation, partnership, or other form of business association. See Utah Code 26B-3-1101

Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.

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)

means that person, with respect to information:

(i)	has actual knowledge of the information;

(ii)	acts in deliberate ignorance of the truth or falsity of the information; or

(iii)

acts in reckless disregard of the truth or falsity of the information; and

(b)	does not require a specific intent to defraud.

(2)

Any person who violates this part shall, in all cases, in addition to other penalties provided by law, be required to:

(a)	make full and complete restitution to the state of all damages that the state sustains because of the person’s violation of this part;

(b)	pay to the state its costs of enforcement of this part in that case, including the cost of investigators, attorneys, and other public employees, as determined by the state; and

(c)

pay to the state a civil penalty equal to:

(i)	three times the amount of damages that the state sustains because of the person’s violation of this part; and

(ii)	not less than $5,000 or more than $10,000 for each claim filed or act done in violation of this part.

(3)	Any civil penalties assessed under Subsection (2) shall be awarded by the court as part of its judgment in both criminal and civil actions.

(4)	A criminal action need not be brought against a person in order for that person to be civilly liable under this section.

Renumbered and Amended by Chapter 306, 2023 General Session

Previous section

Next section

Part 11 Contents