Utah Code 26B-6-805. Interference with rights provided in this part — Misrepresentation of rights under this part
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(1) Any individual, or agent of any individual, who denies or interferes with the rights provided in this chapter is guilty of a class C misdemeanor.
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class C misdemeanor | up to 90 days | up to $750 |
Terms Used In Utah Code 26B-6-805
- Service animal: includes any dog that:(4)(a)(i) is trained, or is in training, to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability; and(4)(a)(ii) performs work or tasks, or is in training to perform work or tasks, that are directly related to the individual's disability, including:(4)(a)(ii)(A) assisting an individual who is blind or has low vision with navigation or other tasks;(4)(a)(ii)(B) alerting an individual who is deaf or hard of hearing to the presence of people or sounds;(4)(a)(ii)(C) providing non-violent protection or rescue work;(4)(a)(ii)(D) pulling a wheelchair;(4)(a)(ii)(E) assisting an individual during a seizure;(4)(a)(ii)(F) alerting an individual to the presence of an allergen;(4)(a)(ii)(G) retrieving an item for the individual;(4)(a)(ii)(H) providing physical support and assistance with balance and stability; or(4)(a)(ii)(I) helping an individual with a psychiatric or neurological disability by preventing or interrupting impulsive or destructive behaviors. See Utah Code 26B-6-801
- Support animal: means an animal, other than a service animal, that qualifies as a reasonable accommodation under federal law for an individual with a disability. See Utah Code 26B-6-801
(2) An individual is guilty of a class C misdemeanor if:(2)(a) the individual intentionally and knowingly falsely represents to another person that an animal is a service animal or a support animal;(2)(b) the individual knowingly and intentionally misrepresents a material fact to a health care provider for the purpose of obtaining documentation from the health care provider necessary to designate an animal as a service animal or a support animal; or(2)(c) the individual, except for an individual with a disability, uses an animal to gain treatment or benefits only provided for an individual with a disability.(3) This section does not affect the enforceability of any criminal law, including Subsection 76-6-501(2).(4) An agent of a protection and advocacy agency, acting in the agent’s professional capacity and in compliance with 29 U.S.C. § 794e et seq., 42 U.S.C. § 15041 et seq., and 42 U.S.C. § 1801 et seq., is not criminally liable under Subsection (2).