§ 26B-3-1108 — Criminal penalties.

(1) (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.
(1)(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:

(3)(a) a second degree felony if the value of the property or service is or exceeds $5,000;
(3)(b) a third degree felony if the value of the property or service is or exceeds $1,500 but is less than $5,000;
(3)(c) a class A misdemeanor if the value of the property or service is or exceeds $500 but is less than $1,500; or
(3)(d) a class B misdemeanor if the value of the property or service is less than $500.

Legislative History

Amended by Chapter 111, 2023 General Session; Renumbered and Amended by Chapter 306, 2023 General Session