Utah Code 63G-6a-2404. Unlawful conduct — Exceptions — Classification of offenses
Current as of: 2024 | Check for updates
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Other versions
(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 63G-6a-2404
- Contract: A legal written agreement that becomes binding when signed.
- Contract: means an agreement for a procurement. See Utah Code 63G-6a-103
- Contract administration: means all functions, duties, and responsibilities associated with managing, overseeing, and carrying out a contract between a procurement unit and a contractor, including:(16)(a) implementing the contract;(16)(b) ensuring compliance with the contract terms and conditions by the conducting procurement unit and the contractor;(16)(c) executing change orders;(16)(d) processing contract amendments;(16)(e) resolving, to the extent practicable, contract disputes;(16)(f) curing contract errors and deficiencies;(16)(g) terminating a contract;(16)(h) measuring or evaluating completed work and contractor performance;(16)(i) computing payments under the contract; and(16)(j) closing out a contract. See Utah Code 63G-6a-103
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Family member: means a father, mother, husband, wife, son, daughter, sister, brother, uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, or daughter-in-law. See Utah Code 63G-6a-2402
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Grant: means an expenditure of public funds or other assistance, or an agreement to expend public funds or other assistance, for a public purpose authorized by law, without acquiring a procurement item in exchange. See Utah Code 63G-6a-103
- 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- Procurement: means the acquisition of a procurement item through an expenditure of public funds, or an agreement to expend public funds, including an acquisition through a public-private partnership. See Utah Code 63G-6a-103
- Public entity: means the state or any other government entity within the state that expends public funds. See Utah Code 63G-6a-103
(1)(a) It is unlawful for a person who has or is seeking a contract with or a grant from a public entity knowingly to give, or offer, promise, or pledge to give, a gratuity or kickback to:(1)(a)(i) the public entity;(1)(a)(ii) a procurement professional or contract administration professional; or(1)(a)(iii) an individual who the person knows is a family member of an individual described in Subsection (1)(a)(ii).(1)(b) It is not unlawful for a public agency to give, offer, promise, or pledge to give a contribution to another public agency.(1)(c) A person is not guilty of unlawful conduct under Subsection (1)(a) for:(1)(c)(i) giving or offering, promising, or pledging to give a contribution to a public entity, unless done with the intent to induce the public entity, in exchange, to:(1)(c)(i)(A) award a contract or grant;(1)(c)(i)(B) make a procurement decision; or(1)(c)(i)(C) take an action relating to the administration of a contract or grant; or(1)(c)(ii) giving or offering, promising, or pledging to give something of value to an organization to which a procurement professional or contract administration professional belongs, unless done with the intent to induce a public entity, in exchange, to:(1)(c)(ii)(A) award a contract or grant;(1)(c)(ii)(B) make a procurement decision; or(1)(c)(ii)(C) take an action relating to the administration of a contract or grant.(2)(2)(a) It is unlawful for a procurement professional or contract administration professional, or a family member of either, knowingly to receive or accept, offer or agree to receive or accept, or ask for a promise or pledge of, a gratuity or kickback from a person who has or is seeking a contract with or a grant from a public entity.(2)(b) An individual is not guilty of unlawful conduct under Subsection (2)(a) for receiving or accepting, offering or agreeing to receive or accept, or asking for a promise or pledge of a contribution on behalf of a public entity, unless done with the intent that the public entity, in exchange:(2)(b)(i) award a contract or grant;(2)(b)(ii) make a procurement decision; or(2)(b)(iii) take an action relating to the administration of a contract or grant.(3) Notwithstanding Subsections (1) and (2), it is not unlawful for a person to give or receive, offer to give or receive, or promise or pledge to give or ask for a promise or pledge of, a hospitality gift, if:(3)(a) the total value of the hospitality gift is less than $10; and(3)(b) the aggregate value of all hospitality gifts from the person to the recipient in a calendar year is less than $50.(4) A person who engages in the conduct made unlawful under Subsection (1) or (2) is guilty of:(4)(a) a second degree felony, if the total value of the gratuity or kickback is $1,000 or more;(4)(b) a third degree felony, if the total value of the gratuity or kickback is $250 or more but less than $1,000;(4)(c) a class A misdemeanor, if the total value of the gratuity or kickback is $100 or more but less than $250; and(4)(d) a class B misdemeanor, if the total value of the gratuity or kickback is less than $100.(5) The criminal sanctions described in Subsection (4) do not preclude the imposition of other penalties for conduct made unlawful under this part, in accordance with other applicable law, including:(5)(a) dismissal from employment or other disciplinary action;(5)(b) for an elected officer listed in Section 77-6-1, removal from office as provided in Title 77, Chapter 6, Removal by Judicial Proceedings;(5)(c) requiring the public officer or employee to return the value of the unlawful gratuity or kickback; and(5)(d) any other civil penalty provided by law.