(1)

Attorney's Note

Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class A misdemeanorup to 364 daysup to $2,500
class B misdemeanorup to 6 monthsup to $1,000
For details, see Utah Code § 76-3-204

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Terms Used In Utah Code 26B-3-1108

  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • 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
     (1)(a) Except as provided in Subsection (1)(b) the culpable mental state required for a criminal violation of this part is knowingly, intentionally, or recklessly as defined in Section 76-2-103.
     (1)(b) The culpable mental state required for a criminal violation of this part for kickbacks and bribes under Section 26B-3-1103 is knowingly and intentionally as defined in Section 76-2-103.
(2) The punishment for a criminal violation of any provision of this part, except as provided under Section 26B-3-1104, is determined by the cumulative value of the funds or other benefits received or claimed in the commission of all violations of a similar nature, and not by each separate violation.
(3) Punishment for criminal violation of this part, except as provided under Section 26B-3-1104, is:

     (3)(a) a second degree felony if the value of the property or service is or exceeds $5,000;
     (3)(b) a third degree felony if the value of the property or service is or exceeds $1,500 but is less than $5,000;
     (3)(c) a class A misdemeanor if the value of the property or service is or exceeds $500 but is less than $1,500; or
     (3)(d) a class B misdemeanor if the value of the property or service is less than $500.