Utah Code 61-1-21. Penalties for violations
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(1) A person is guilty of a third degree felony who willfully violates:
Terms Used In Utah Code 61-1-21
- Person: means :(1)(x)(i) an individual;(1)(x)(ii) a corporation;(1)(x)(iii) a partnership;(1)(x)(iv) a limited liability company;(1)(x)(v) an association;(1)(x)(vi) a joint-stock company;(1)(x)(vii) a joint venture;(1)(x)(viii) a trust where the interests of the beneficiaries are evidenced by a security;(1)(x)(ix) an unincorporated organization;(1)(x)(x) a government; or(1)(x)(xi) a political subdivision of a government. See Utah Code 61-1-13
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Undue influence: means that a person uses a relationship or position of authority, trust, or confidence:
(1)(hh)(i) that is unrelated to a relationship created:(1)(hh)(i)(A) in the ordinary course of making investments regulated under this chapter; or(1)(hh)(i)(B) by a licensee providing services under this chapter;(1)(hh)(ii) that results in:(1)(hh)(ii)(A) an investor perceiving the person as having heightened credibility, personal trustworthiness, or dependability; or(1)(hh)(ii)(B) the person having special access to or control of an investor's financial resources, information, or circumstances; and(1)(hh)(iii) to:(1)(hh)(iii)(A) exploit the trust, dependence, or fear of the investor;(1)(hh)(iii)(B) knowingly assist or cause another to exploit the trust, dependence, or fear of the investor; or(1)(hh)(iii)(C) gain control deceptively over the decision making of the investor. See Utah Code 61-1-13- Vulnerable adult: means the same as that term is defined in Section 26B-6-201. See Utah Code 61-1-13
(1)(b) an order issued under this chapter; or(1)(c) Section 61-1-16 knowing the statement made is false or misleading in a material respect.(2) Subject to the other provisions of this section, a person who willfully violates Section 61-1-1:(2)(a) is guilty of a third degree felony if, at the time the crime was committed, the property, money, or thing unlawfully obtained or sought to be obtained was worth less than $10,000; or(2)(b) is guilty of a second degree felony if, at the time the crime was committed, the property, money, or thing unlawfully obtained or sought to be obtained was worth $10,000 or more.(3) A person who willfully violates Section 61-1-1 is guilty of a second degree felony if:(3)(a) at the time the crime was committed, the property, money, or thing unlawfully obtained or sought to be obtained was worth less than $10,000; and(3)(b) in connection with that violation, the violator knowingly accepted any money representing:(3)(b)(i) equity in a person’s primary residence;(3)(b)(ii) a withdrawal from an individual retirement account;(3)(b)(iii) a withdrawal from a qualified retirement plan as defined in the Internal Revenue Code;(3)(b)(iv) an investment by a person over whom the violator exercises undue influence; or(3)(b)(v) an investment by a person that the violator knows is a vulnerable adult.(4) A person who willfully violates Section 61-1-1 is guilty of a second degree felony punishable by imprisonment for an indeterminate term of not less than three years or more than 15 years if:(4)(a) at the time the crime was committed, the property, money, or thing unlawfully obtained or sought to be obtained was worth $10,000 or more; and(4)(b) in connection with that violation, the violator knowingly accepted any money representing:(4)(b)(i) equity in a person’s primary residence;(4)(b)(ii) a withdrawal from an individual retirement account;(4)(b)(iii) a withdrawal from a qualified retirement plan as defined in the Internal Revenue Code;(4)(b)(iv) an investment by a person over whom the violator exercises undue influence; or(4)(b)(v) an investment by a person that the violator knows is a vulnerable adult.(5) When amounts of property, money, or other things are unlawfully obtained or sought to be obtained under a series of acts or continuing course of business, whether from the same or several sources, the amounts may be aggregated in determining the level of offense.(6) It is an affirmative defense under this section against a claim that the person violated an order issued under this chapter for the person to prove that the person had no knowledge of the order.(7) In addition to any other penalty for a criminal violation of this chapter, the sentencing judge may impose a penalty or remedy provided for in Subsection 61-1-20(2)(b).