Utah Code 13-26-8. Penalties
Current as of: 2024 | Check for updates
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(1)
For details, see Utah Code § 76-3-204
Attorney's Note
Under 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 |
Terms Used In Utah Code 13-26-8
- Adjudicative proceeding: means :(2)(a) an action by a board, commission, department, officer, or other administrative unit of the state that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including an action to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and(2)(b) judicial review of an action described in Subsection (2)(a). See Utah Code 68-3-12.5
- Conviction: A judgement of guilt against a criminal defendant.
- Division: means the Division of Consumer Protection. See Utah Code 13-26-2
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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- Seller: means a person, or a group of persons engaged in a common effort to conduct a telephone solicitation, that:
(8)(a) on behalf of the person, or the group of persons engaged in a common effort to conduct a telephone solicitation:(8)(a)(i) makes a telephone solicitation; or(8)(a)(ii) causes a telephone solicitation to be made; or(8)(b) through a telephone solicitor:(8)(b)(i) makes a telephone solicitation; or(8)(b)(ii) causes a telephone solicitation to be made. See Utah Code 13-26-2- solicitor: means an individual who engages in a telephone solicitation on behalf of a seller. See Utah Code 13-26-2
(1)(a) A seller or solicitor who violates a provision of this chapter is guilty of:(1)(a)(i) a class B misdemeanor for a first violation;(1)(a)(ii) if the seller or solicitor has one prior violation of this chapter, a class A misdemeanor; and(1)(a)(iii) if the seller or solicitor has two prior violations of this chapter, a third-degree felony.(1)(b) For the purposes of Subsection (1)(a), a prior violation includes:(1)(b)(i) a final prior conviction;(1)(b)(ii) a final determination by a court of competent jurisdiction; or(1)(b)(iii) a final determination in an administrative adjudicative proceeding.(2) A person who violates a provision of this chapter is subject to a civil penalty in a court of competent jurisdiction of up to $2,500 for each violation of this chapter.(3)(3)(a) The division may:(3)(a)(i) in accordance with Title 63G, Chapter 4, Administrative Procedures Act, conduct an administrative proceeding to enforce the provisions of this chapter;(3)(a)(ii) bring a court action to enforce the provisions of this chapter; and(3)(a)(iii) in addition to other penalties described in this chapter, issue a cease and desist order and impose an administrative fine of up to $2,500 for each violation of this chapter.(3)(b) For purposes of this section, each telephone solicitation made in violation of this chapter is a separate violation.(4) The division shall deposit all administrative fines and civil penalties collected under this chapter into the Consumer Protection Education and Training Fund created in Section 13-2-8.