Section 76-8-1203.3 - Public assistance fraud by a recipient of public assistance(1)(a) As used in this section, "SNAP benefit" means the same as that term is defined in Section 35A-1-102.(b) Terms defined in Sections 76-1-101.5, 76-8-101, and 76-8-1201 apply to this section.(2) An actor commits public assistance fraud by a recipient of public assistance if the actor: (a)(i) except as provided in Subsection (2)(b), is receiving public assistance administered by a state agency; and(ii) intentionally, knowingly, or recklessly fails to disclose to the state agency administering the public assistance to the actor of a change of a material fact required to be disclosed under Subsection 76-8-1203(1) within 10 days after the day on which the change occurred;(b)(i) is receiving public assistance from the Department of Workforce Services or the Department of Health and Human Services; and(ii) at the time of a review or recertification, whichever comes first, intentionally, knowingly, or recklessly fails to disclose a change of a material fact required to be disclosed under Subsection 76-8-1203(1);(c) in a manner not allowed by law, intentionally, knowingly, or recklessly uses, transfers, acquires, traffics in, falsifies, or possesses:(ii) a SNAP benefit identification card;(iii) a certificate of eligibility for medical services;(iv) a Medicaid identification card;(v) a fund transfer instrument;(vi) a payment instrument; or(vii) a public assistance warrant;(d)(i) is receiving public assistance;(ii) acquires income or resources in excess of the amount the actor previously reported to the state agency administering the public assistance to the actor; and(iii) fails to notify the state agency to which the actor previously reported within 10 days after the day on which the actor acquired the excess income or resources;(e)(i) fails to disclose a material fact required to be disclosed under Subsection 76-8-1203(1) or notify a state agency under Subsection 76-8-1203(2); and(ii)(A) intends to obtain or help another individual obtain an overpayment; or(B) obtains an overpayment, unauthorized payment, or benefit; or(f) receives an unauthorized payment or benefit as a result of unlawful acts described in this section, Section 76-8-1203.3, Section 76-8-1203.5, or Section 76-8-1203.7.(3) Subject to Subsection (5), a violation of Subsection (2) is, based on the value of payments, assistance, or other benefits received, misappropriated, claimed, or applied: (a) a second degree felony if the value is or exceeds $5,000;(b) a third degree felony if the value is or exceeds $1,500 but is less than $5,000;(c) a class A misdemeanor if the value is or exceeds $500 but is less than $1,500; or(d) a class B misdemeanor if the value is less than $500.(4) It is not a defense to prosecution under this section that the actor repaid the funds or benefits obtained in violation of this section.(5)(a) In determining the value of payments, assistance, or other benefits received to determine the penalty level of an actor's conduct under Subsection (3), the value is calculated by aggregating the values of each instance of public assistance fraud committed by the actor as part of the same facts and circumstances or a related series of facts and circumstances.(b) The value of a benefit received by an individual is the ordinary or usual charge for similar benefits in the private sector.(6) The provisions of Section 35A-1-503 apply to a prosecution brought under this section.(7) Incidents of trafficking in SNAP benefits that occur within a six-month period, committed by an individual or coconspirators, are deemed to be a related series of facts and circumstances regardless of whether the transactions are conducted with a variety of unrelated parties.Added by Chapter TBD, 2024 General Session ,§ 127, eff. 5/1/2024.