Utah § 76-8-1203.7 - Fraudulently misappropriating public assistance funds.
Full text of Utah Utah Code § 76-8-1203.7 — Fraudulently misappropriating public assistance funds., with citation guidance and answers to common questions.
§ 76-8-1203.7. Fraudulently misappropriating public assistance funds.
Effective 5/1/2024 76-8-1203.7.
Fraudulently misappropriating public assistance funds.
An actor commits fraudulently misappropriating public assistance funds if the actor:
(a)
(i)
is an administrator of a state or federally funded public assistance program; and
(ii)
while performing the actor's duties as an administrator, intentionally, knowingly, or recklessly fraudulently misappropriates funds exchanged for:
(A)
SNAP benefits;
(B)
an identification card;
(C)
a certificate of eligibility for medical services;
(D)
a Medicaid identification card; or
(E)
other public assistance the actor has been entrusted with or that has come into the actor's possession as a result of the actor's duties; or
(b)
(i)
is an individual entrusted with:
(A)
SNAP benefits;
(B)
an identification card;
(C)
a certificate of eligibility for medical services;
(D)
a Medicaid identification card; or
(E)
other public assistance with which the individual has been entrusted; and
(ii)
intentionally, knowingly, or recklessly fraudulently misappropriates funds exchanged for a benefit described in Subsection (2)(b)(i) with which the individual has been entrusted.
(3)
Subject to Subsection (5), a violation of Subsection (2) is, based on the value of payments, assistance, or other benefits received, misappropriated, claimed, or applied:
(a)
a second degree felony if the value is or exceeds $5,000;
(b)
a third degree felony if the value is or exceeds $1,500 but is less than $5,000;
(c)
a class A misdemeanor if the value is or exceeds $500 but is less than $1,500; or
(d)
a class B misdemeanor if the value is less than $500.
(4)
It is not a defense to prosecution under this section that the actor repaid the funds or benefits obtained in violation of this section.
(5)
(a)
In determining the value of payments, assistance, or other benefits received to determine the penalty level of an actor's conduct under Subsection (3), the value is calculated by aggregating the values of each instance of public assistance fraud committed by the actor as part of the same facts and circumstances or a related series of facts and circumstances.
(b)
The value of a benefit received by an individual is the ordinary or usual charge for similar benefits in the private sector.
(6)
The provisions of Section 35A-1-503 apply to a prosecution brought under this section.
Frequently Asked Questions About Utah § 76-8-1203.7
What does Utah Code § 76-8-1203.7 cover?
Section 76-8-1203.7 ("Fraudulently misappropriating public assistance funds.") 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 § 76-8-1203.7?
A common citation format is "Utah Code § 76-8-1203.7" (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 § 76-8-1203.7 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.
