§ 76-17-303 — Conducting a pyramid scheme.

(1) Terms defined in Sections 76-1-101.5, 76-17-101, and 76-17-301 apply to this section.
(2) An actor commits conducting a pyramid scheme if the actor knowingly organizes, establishes, promotes, or administers a pyramid scheme.
(3) A violation of Subsection (2) is a third degree felony.
(4) It is not a defense to an action brought under this section that:
(4)(a) the sales device or plan limits the number of persons who may be introduced into the sales device or plan;
(4)(b) the sales device or plan includes additional conditions affecting eligibility for introduction into the sales device or plan or when compensation may be received from the sales device or plan; or
(4)(c) a person receives property or services in addition to the compensation or right to receive compensation in connection with a pyramid scheme.
(5) The appropriate county attorney or district attorney has primary responsibility for investigating and prosecuting a criminal violation of this section.
(6) (6)(a) A violation under this section constitutes a violation of Section 13-11-4.
(6)(b) A criminal conviction under this section is prima facie evidence of a violation of Section 13-11-4.
(6)(c) In addition to prosecution under this section, a violation of this section shall be civilly investigated and prosecuted as prescribed by Title 13, Chapter 11, Utah Consumer Sales Practices Act.

Legislative History

Renumbered and Amended by Chapter 173, 2025 General Session