36-11-401.  Penalties.

(1)  Any person who intentionally violates Section 36-11-103, 36-11-103.5, 36-11-201, 36-11-301, 36-11-302, 36-11-303, 36-11-304, 36-11-305, or 36-11-403, is subject to the following penalties:

Attorney's Note

Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class B misdemeanorup to 6 monthsup to $1,000
For details, see Utah Code § 76-3-204

Terms Used In Utah Code 36-11-401

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Lobbying: means communicating with a public official for the purpose of influencing a legislative action, executive action, local action, or education action. See Utah Code 36-11-102
  • Lobbyist: means :
    (i) an individual who is employed by a principal; or
    (ii) an individual who contracts for economic consideration, other than reimbursement for reasonable travel expenses, with a principal to lobby a public official. See Utah Code 36-11-102
  • Meeting: means a gathering of people to discuss an issue, receive instruction, or make a decision, including a conference, seminar, or summit. See Utah Code 36-11-102
  • Person: means :Utah Code 68-3-12.5
  • (a)  an administrative penalty of up to $1,000 for each violation; and

    (b)  for each subsequent violation of that same section within 24 months, either:

    (i)  an administrative penalty of up to $5,000; or

    (ii)  suspension of the violator’s lobbying license for up to one year, if the person is a lobbyist.

(2)  Any person who intentionally fails to file a financial report required by this chapter, omits material information from a license application form or financial report, or files false information on a license application form or financial report, is subject to the following penalties:

(a)  an administrative penalty of up to $1,000 for each violation; or

(b)  suspension of the violator’s lobbying license for up to one year, if the person is a lobbyist.

(3)  Any person who intentionally fails to file a financial report required by this chapter on the date that it is due shall, in addition to the penalties, if any, imposed under Subsection (1) or (2), pay a penalty of up to $50 per day for each day that the report is late.

(4) 

(a)  When a lobbyist is convicted of violating Section 76-8-103, 76-8-107, 76-8-108, or 76-8-303, the lieutenant governor shall suspend the lobbyist’s license for up to five years from the date of the conviction.

(b)  When a lobbyist is convicted of violating Section 76-8-104, or Section 76-9-102 if the violation is a misdemeanor that occurs at an official meeting, the lieutenant governor shall suspend a lobbyist’s license for up to one year from the date of conviction.

(5) 

(a)  A person who intentionally violates Section 36-11-301, 36-11-302, or 36-11-303 is guilty of a class B misdemeanor.

(b)  The lieutenant governor shall suspend the lobbyist license of any person convicted under any of these sections for up to one year.

(c)  The suspension shall be in addition to any administrative penalties imposed by the lieutenant governor under this section.

(d)  Any person with evidence of a possible violation of this chapter may submit that evidence to the lieutenant governor for investigation and resolution.

(6)  Nothing in this chapter creates a third-party cause of action or appeal rights.

Amended by Chapter 125, 2022 General Session