Utah § 13-26-8 Penalties.

Utah Statutes

§ 13-26-8 — Penalties.

Utah § 13-26-8

Title 13Commerce and Trade

Ch. 13-26Telephone Fraud Prevention Act

This text of Utah § 13-26-8 (Penalties.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 13-26-8 (2026).

Text

(1)(1)(a) A seller or solicitor who violates a provision of this chapter is guilty of:

(1)(a)(i) a class B misdemeanor for a first violation;

(1)(a)(ii) if the seller or solicitor has one prior violation of this chapter, a class A misdemeanor; and

(1)(a)(iii) if the seller or solicitor has two prior violations of this chapter, a third-degree felony.

(1)(b) For the purposes of Subsection (1)(a), a prior violation includes:

(1)(b)(i) a final prior conviction;

(1)(b)(ii) a final determination by a court of competent jurisdiction; or

(1)(b)(iii) a final determination in an administrative adjudicative proceeding.

(2)A person who violates a provision of this chapter is subject to a civil penalty in a court of competent jurisdiction of up to $2,500 for each violation of this chapter.

(3)(3)(a)

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(1) (1)(a) A seller or solicitor who violates a provision of this chapter is guilty of:
(1)(a)(i) a class B misdemeanor for a first violation;
(1)(a)(ii) if the seller or solicitor has one prior violation of this chapter, a class A misdemeanor; and
(1)(a)(iii) if the seller or solicitor has two prior violations of this chapter, a third-degree felony.
(1)(b) For the purposes of Subsection (1)(a), a prior violation includes:
(1)(b)(i) a final prior conviction;
(1)(b)(ii) a final determination by a court of competent jurisdiction; or
(1)(b)(iii) a final determination in an administrative adjudicative proceeding.
(2) A person who violates a provision of this chapter is subject to a civil penalty in a court of competent jurisdiction of up to $2,500 for each violation of this chapter.
(3) (3)(a) The division may:
(3)(a)(i) in accordance with Title 63G, Chapter 4, Administrative Procedures Act, conduct an administrative proceeding to enforce the provisions of this chapter;
(3)(a)(ii) bring a court action to enforce the provisions of this chapter; and
(3)(a)(iii) in addition to other penalties described in this chapter, issue a cease and desist order and impose an administrative fine of up to $2,500 for each violation of this chapter.
(3)(b) For purposes of this section, each telephone solicitation made in violation of this chapter is a separate violation.
(4) The division shall deposit all administrative fines and civil penalties collected under this chapter into the Consumer Protection Education and Training Fund created in Section 13-2-8.