Full text of Utah Utah Code § 13-21-109 — Burden of proving exception -- Penalties -- Court's criminal and equitable jurisdiction -- Prosecution., with citation guidance and answers to common questions.
§ 13-21-109. Burden of proving exception -- Penalties -- Court's criminal and equitable jurisdiction -- Prosecution.
Effective 5/6/2026
13-21-109.
Burden of proving exception -- Penalties -- Court's criminal and equitable jurisdiction -- Prosecution.
| (1) | A waiver by a buyer of a part of this chapter is void. |
| (2) | In a proceeding under this chapter, the person claiming the exemption or exception has the burden of proving an exemption or an exception from a definition. |
| (3) |
| (a) | A person who violates this chapter is guilty of a class A misdemeanor. |
| (b) | A court with jurisdiction under Title 78A, Judiciary and Judicial Administration, may restrain and enjoin a violation of this chapter. |
|
| (4) | The attorney general, a county attorney, a district attorney, or a city attorney may prosecute misdemeanor actions or institute injunctive or civil proceedings, or both, under this chapter. |
| (5) | The remedies, duties, prohibitions, and penalties of this chapter are not exclusive and are in addition to all other causes of action, remedies, and penalties provided by law. |
| (6) | In addition to the division's enforcement powers described in Chapter 2, Division of Consumer Protection, the division may:
| (a) | impose an administrative fine of up to $2,500 for each violation of this chapter; and |
| (b) | bring an action in a court with jurisdiction to enforce a provision of this chapter. |
|
| (7) | In an action described in Subsection (6)(b), a court may:
| (a) | declare that an act or a practice violates a provision of this chapter; |
| (b) | issue an injunction for a violation of this chapter; |
| (c) | order disgorgement of any money received in violation of this chapter; |
| (d) | order payment of disgorged money to an injured purchaser or consumer; |
| (e) | impose a fine of up to $2,500 for each violation of this chapter; and |
| (f) | award any other relief the court deems reasonable and necessary. |
|
Renumbered and Amended by Chapter
95, 2026 General Session
Frequently Asked Questions About Utah § 13-21-109
What does Utah Code § 13-21-109 cover?
Section 13-21-109 ("Burden of proving exception -- Penalties -- Court's criminal and equitable jurisdiction -- Prosecution.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 13-21-109?
A common citation format is "Utah Code § 13-21-109" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 13-21-109 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
