Current through the 2024 Fourth Special Session
Section 26B-3-1108 - Criminal penalties(1)(a) Except as provided in Subsection (1)(b) the culpable mental state required for a criminal violation of this part is knowingly, intentionally, or recklessly as defined in Section 76-2-103.(b) The culpable mental state required for a criminal violation of this part for kickbacks and bribes under Section 26B-3-1103 is knowingly and intentionally as defined in Section 76-2-103.(2) The punishment for a criminal violation of any provision of this part, except as provided under Section 26B-3-1104, is determined by the cumulative value of the funds or other benefits received or claimed in the commission of all violations of a similar nature, and not by each separate violation.(3) Punishment for criminal violation of this part, except as provided under Section 26B-3-1104, is: (a) a second degree felony if the value of the property or service is or exceeds $5,000;(b) a third degree felony if the value of the property or service is or exceeds $1,500 but is less than $5,000;(c) a class A misdemeanor if the value of the property or service is or exceeds $500 but is less than $1,500; or(d) a class B misdemeanor if the value of the property or service is less than $500.Renumbered and Amended by Chapter 306, 2023 General Session ,§ 168, eff. 5/3/2023.Amended by Chapter 111, 2023 General Session ,§ 4, eff. 5/3/2023.Amended by Chapter 48, 2007 General Session.