§ 40-13-203 — Criminal penalties.

(1) It is unlawful for a person to intentionally or knowingly:
(1)(a) for the purpose of evading this chapter or an order issued under this chapter, make or cause to be made a false statement, representation, or certification in a report, record, account, or memorandum required by this chapter or by the order;
(1)(b) omit or cause to be omitted from a report, record, account, or memorandum, a full, true, and correct entry as required by this chapter or by an order;
(1)(c) fail to make a statement, representation, or certification in an application, record, report, plan, or other document filed or required to be maintained pursuant to this chapter or an order issued under this chapter;
(1)(d) remove from this state or destroy, mutilate, alter, or falsify a record, account, or memorandum; or
(1)(e) fail or refuse to comply with:
(1)(e)(i) an order issued under Section 40-13-201; or
(1)(e)(ii) an order incorporated in a final decision issued by the board under this chapter, except an order incorporated in a decision under Subsection 40-13-202(6).
(2) A person who violates Subsection (1) is guilty of a class B misdemeanor, and upon conviction, for each violation, is subject to:
(2)(a) a fine of not to exceed $1,000 as provided in Section 76-3-301;
(2)(b) imprisonment for a term not to exceed six months as provided in Section 76-3-204; or
(2)(c) both a fine and imprisonment.
(3) If a permittee violates Subsection (1), a director, officer, or agent of the permittee may be held criminally responsible in accordance with Section 76-2-205.
(4) A criminal proceeding for a violation described in Subsection (1) shall be commenced, as provided in Section 76-1-302, by no later than two years from the date of the alleged violation.
(5) The division or board may impose a civil penalty under Section 40-13-202 in addition to prosecution under this section.

Legislative History

Enacted by Chapter 152, 2025 General Session