Utah Code 67-16-12. Penalties for violation — Removal from office or dismissal from employment
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In addition to any penalty contained in any other provision of law:
(1) any public officer or public employee who knowingly and intentionally violates this chapter, with the exception of Sections 67-16-6 and 67-16-7 , shall be dismissed from employment or removed from office as provided by law, rule, or policy within the agency; and
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| felony of the third degree | up to 5 years | up to $5,000 |
| class A misdemeanor | up to 364 days | up to $2,500 |
| class B misdemeanor | up to 6 months | up to $1,000 |
Terms Used In Utah Code 67-16-12
- Agency: means :(1)(a) any department, division, agency, commission, board, council, committee, authority, or any other institution of the state or any of its political subdivisions; or(1)(b) an association as defined in Section
53G-7-1101 . See Utah Code 67-16-3- Compensation: means anything of economic value, however designated, which is paid, loaned, granted, given, donated, or transferred to any person or business entity by anyone other than the governmental employer for or in consideration of personal services, materials, property, or any other thing whatsoever. See Utah Code 67-16-3
- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- Public employee: means a person who is not a public officer who is employed on a full-time, part-time, or contract basis by:
(14)(a)(i) the state;(14)(a)(ii) a political subdivision of the state; or(14)(a)(iii) an association as defined in Section53G-7-1101 . See Utah Code 67-16-3- Public officer: includes a special public officer. See Utah Code 67-16-3
(2) any public officer, public employee, or person who knowingly and intentionally violates this chapter, with the exception of Sections67-16-6 and67-16-7 , shall be punished as follows:(2)(a) as a felony of the second degree if the total value of the compensation, conflict of interest, or assistance exceeds $1,000;(2)(b) as a felony of the third degree if:(2)(b)(i) the total value of the compensation, conflict of interest, or assistance is more than $250 but not more than $1,000; or(2)(b)(ii) the public officer or public employee has been twice before convicted of violation of this chapter and the value of the conflict of interest, compensation, or assistance was $250 or less;(2)(c) as a class A misdemeanor if the value of the compensation or assistance was more than $100 but does not exceed $250; or(2)(d) as a class B misdemeanor if the value of the compensation or assistance was $100 or less.