Utah Code 76-10-1906. Reporting — Criminal and civil penalties — Enforcement
Current as of: 2024 | Check for updates
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(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 C misdemeanor | up to 90 days | up to $750 |
Terms Used In Utah Code 76-10-1906
- Conviction: A judgement of guilt against a criminal defendant.
- Currency: includes United States silver certificates, United States notes, Federal Reserve notes, and foreign bank notes customarily used and accepted as a medium of exchange in a foreign country. See Utah Code 76-10-1902
- Financial institution: means an agent, agency, branch, or office within this state of a person doing business, whether or not on a regular basis or as an organized business concern, in one or more of the following capacities:(4)(a) a bank, except bank credit card systems;(4)(b) a broker or dealer in securities;(4)(c) a currency dealer or exchanger, including a person engaged in the business of check cashing;(4)(d) an issuer, seller, or redeemer of travelers checks or money orders, except as a selling agent exclusively who does not sell more than $150,000 of the instruments within any 30-day period;(4)(e) a licensed transmitter of funds or other person engaged in the business of transmitting funds;(4)(f) a telegraph company;(4)(g) a person subject to supervision by a state or federal supervisory authority; or(4)(h) the United States Postal Service regarding the sale of money orders. See Utah Code 76-10-1902
- Person: means an individual, corporation, partnership, trust or estate, joint stock company, association, syndicate, joint venture, or other unincorporated organization or group, and all other entities cognizable as legal personalities. See Utah Code 76-10-1902
- 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
- transaction: includes a deposit, withdrawal, transfer between accounts, exchange of currency, loan, extension of credit, purchase or sale of a stock, bond, certificate of deposit, or other monetary instrument, or any other payment, transfer, or delivery by, through, or to a financial institution, by whatever means effected. See Utah Code 76-10-1902
(1)(a) A person engaged in a trade or business, except a financial institution, who receives more than $10,000 as described in Subsection(1)(b) shall complete and file with the State Bureau of Investigation the information required by 26 U.S.C. § 6050I, concerning returns relating to currency received in trade or business.(1)(b) Subsection(1)(a) applies if the person described in Subsection(1) receives more than $10,000 in domestic or foreign currency:(1)(b)(i) in one transaction; or(1)(b)(ii) through two or more related transactions during one business day.(1)(c) A person who knowingly and intentionally fails to comply with the reporting requirements of this Subsection(1) is:(1)(c)(i) on a first conviction, guilty of a class C misdemeanor; and(1)(c)(ii) on a second or subsequent conviction, guilty of a class A misdemeanor.(1)(d) A person is guilty of a third degree felony who knowingly and intentionally violates this Subsection(1) and the violation is committed either:(1)(d)(i) in furtherance of the commission of any other violation of state law; or(1)(d)(ii) as part of a pattern of illegal activity involving transactions exceeding $100,000 in any 12-month period.
(2)
(2)(a) The State Bureau of Investigation and the Office of the Attorney General:
(2)(a)(i) shall enforce compliance with Subsection (1) ; and
(2)(a)(ii) are custodians of and have access to all information and documents filed under Subsection (1) .
(2)(b) The information is confidential, except a law enforcement agency, county attorney, or district attorney, when establishing a clear need for the information for investigative purposes, shall have access to the information and shall maintain the information in a confidential manner except as otherwise provided by the Utah Rules of Criminal Procedure.