Utah Code 63M-7-510. Ineligible individuals — Fraudulent reparations claims — Penalties
Current as of: 2024 | Check for updates
|
Other versions
(1) The following individuals are not eligible to receive a reparations award:
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 63M-7-510
- Accomplice: means an individual who has engaged in criminal conduct as described in Section
76-2-202 . See Utah Code 63M-7-502 - City: includes , depending on population, a metro township as defined in Section
10-3c-102 . See Utah Code 68-3-12.5 - Claimant: means any of the following claiming reparations under this part:(5)(a) a victim;(5)(b) a dependent of a deceased victim; or(5)(c) an individual or representative who files a reparations claim on behalf of a victim. See Utah Code 63M-7-502
- Criminally injurious conduct: includes a felony violation of Section
76-7-101 and other conduct leading to the psychological injury of an individual resulting from living in a setting that involves a bigamous relationship. See Utah Code 63M-7-502- Fraudulent claim: means a filed reparations based on material misrepresentation of fact and intended to deceive the reparations staff for the purpose of obtaining reparation funds for which the claimant is not eligible. See Utah Code 63M-7-502
- Fund: means the Crime Victim Reparations Fund created in Section
63M-7-526 . See Utah Code 63M-7-502- Offender: means an individual who has violated Title 76, Utah Criminal
Code, through criminally injurious conduct regardless of whether the individual is arrested, prosecuted, or convicted. See Utah Code 63M-7-502
- Offense: means a violation of Title 76, Utah Criminal Code. See Utah Code 63M-7-502
- Office: means the director, the reparations and assistance officers, and any other staff employed for the purpose of carrying out the provisions of this part. See Utah Code 63M-7-502
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- Reparations award: means money or other benefits provided to a claimant or to another on behalf of a claimant after the day on which a reparations claim is approved by the office. See Utah Code 63M-7-502
- 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
- Victim: means an individual who suffers bodily or psychological injury or death as a direct result of:
(50)(a)(i) criminally injurious conduct; or(50)(a)(ii) the production of pornography in violation of Section76-5b-201 orUtah Code 63M-7-502 (1)(a) an individual who does not meet all of the provisions set forth in Section 63M-7-509;(1)(b) the offender;(1)(c) an accomplice of the offender;(1)(d) an individual whose receipt of a reparations award would unjustly benefit the offender, accomplice, or another individual reasonably suspected of participating in the offense;(1)(e) the victim of a motor vehicle injury who was the owner or operator of the motor vehicle and was not at the time of the injury in compliance with the state motor vehicle insurance laws;(1)(f) a convicted offender serving a sentence of imprisonment in any prison or jail or residing in any other correctional facility;(1)(g) an individual who is on probation or parole if the circumstances surrounding the offense of which the individual is a victim is a violation of the individual’s probation or parole;(1)(h) an individual whose injuries are the result of criminally injurious conduct that occurred in a prison, jail, or another correctional facility while the individual was incarcerated; and(1)(i) an individual who:(1)(i)(i) submits a fraudulent claim; or(1)(i)(ii) misrepresents a material fact in requesting a reparations award.(2)(2)(a) An individual may not knowingly:(2)(a)(i) submit a fraudulent claim; or(2)(a)(ii) misrepresent a material fact in requesting a reparations award.(2)(b) A violation of Subsection (2)(a) is:(2)(b)(i) a class B misdemeanor if:(2)(b)(i)(A) the individual who violates Subsection (2)(a) does not receive a reparations award; or(2)(b)(i)(B) the value of the reparations award received is less than $500;(2)(b)(ii) a class A misdemeanor if the value of the reparations award received is or exceeds $500 but is less than $1,500;(2)(b)(iii) a third degree felony if the value of the reparations award received is or exceeds $1,500 but is less than $5,000; and(2)(b)(iv) a second degree felony if the value of the reparations award received is or exceeds $5,000.(3) The state attorney general may prosecute violations under this section or may make arrangements with county or city attorneys for the prosecution of violations under this section when the attorney general cannot conveniently prosecute.(4)(4)(a) A claimant who is not eligible to receive a reparations award under Subsection (1) but receives a reparations award shall reimburse the fund for the amount of the reparations award.(4)(b) The office may bring a civil action against a victim who does not reimburse the fund for the amount of the reparations award in accordance with Subsection (4)(a). - Criminally injurious conduct: includes a felony violation of Section