76-6-507. Deceptive business practices.
(1) |
Attorney's NoteUnder the Utah Code, punishments for crimes depend on the classification. In the case of this section:
Class | Prison | Fine |
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class B misdemeanor | up to 6 months | up to $1,000 |
For details, see Utah Code § 76-3-204
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Terms Used In Utah Code 76-6-507- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
- Conduct: means an act or omission. See Utah Code 76-1-101.5
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Statute: A law passed by a legislature.
(a) |
As used in this section:
(i) |
“Adulterated” means varying from the standard of composition or quality prescribed, or pursuant to any statute providing criminal penalties for a variance, or set by established commercial usage. |
(ii) |
“Mislabeled” means varying from the standard of truth or disclosure in labeling prescribed by or pursuant to any statute providing criminal penalties for a variance, or set by established commercial usage. |
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(b) |
Terms defined in Section 76-1-101.5 apply to this section. |
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(2) |
An actor commits deceptive business practices if the actor, in the course of business:
(a) |
uses or possesses for use a false weight or measure, or any other device for falsely determining or recording any quality or quantity; |
(b) |
takes or attempts to take more than the represented quantity of any commodity or service when as buyer the actor furnishes the weight or measure; or |
(c) |
sells, offers, or exposes for sale adulterated or mislabeled commodities. |
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(3) |
A violation of Subsection (2) is a class B misdemeanor. |
(4) |
It is an affirmative defense to prosecution under this section that the defendant‘s conduct was not knowing or reckless. |
(5) |
This section may not be construed to impose criminal or civil liability on any law enforcement officer acting within the scope of a criminal investigation. |
Amended by Chapter 111, 2023 General Session