Utah criminal charge
Defrauding of creditors in Utah
Defrauding of creditors is a criminal offense under Utah law, defined by Utah Code Ann. § 76-6-511. Its classification is not fixed: Utah assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Utah Code Ann. § 76-6-511.
What is the penalty for defrauding of creditors in Utah?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | Dealing with secured property or obstructing creditor administration — unpaid balance under $10,000 — Violation of Subsection (2)(a) or (2)(b)(i) where the unpaid balance owed to the creditor on the property at the time of the act is less than $10,000.; up to 364 days — except up to one year for class A misdemeanors under Title 76, Chapter 5 (Offenses Against the Individual), other than Sections 76-5-102.9, 76-5-107.5, 76-5-113, and 76-5-303, which remain at 364 days (Utah Code Ann. § 76-3-204(1)) | discretionary | Utah Code Ann. § 76-3-204 |
| Fine | up to $2,500 (Dealing with secured property or obstructing creditor administration — unpaid balance under $10,000 — Violation of Subsection (2)(a) or (2)(b)(i) where the unpaid balance owed to the creditor on the property at the time of the act is less than $10,000.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-204 |
| Jail / prison | up to 5 years (Dealing with secured property or obstructing creditor administration — unpaid balance $10,000 or more — Violation of Subsection (2)(a) or (2)(b)(i) where the unpaid balance owed to the creditor on the property at the time of the act is or exceeds $10,000.; indeterminate prison term, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole) | discretionary | Utah Code Ann. § 76-3-203 |
| Fine | up to $5,000 (Dealing with secured property or obstructing creditor administration — unpaid balance $10,000 or more — Violation of Subsection (2)(a) or (2)(b)(i) where the unpaid balance owed to the creditor on the property at the time of the act is or exceeds $10,000.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
| Jail / prison | False statement to creditor or assignee — Violation of Subsection (2)(b)(ii), involving presenting a materially false statement relating to the debtor's estate to a creditor or assignee.; up to 364 days — except up to one year for class A misdemeanors under Title 76, Chapter 5 (Offenses Against the Individual), other than Sections 76-5-102.9, 76-5-107.5, 76-5-113, and 76-5-303, which remain at 364 days (Utah Code Ann. § 76-3-204(1)) | discretionary | Utah Code Ann. § 76-3-204 |
| Fine | up to $2,500 (False statement to creditor or assignee — Violation of Subsection (2)(b)(ii), involving presenting a materially false statement relating to the debtor's estate to a creditor or assignee.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-204 |
Applies to current (2026 General Session).
How is defrauding of creditors classified in Utah?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Dealing with secured property or obstructing creditor administration — unpaid balance under $10,000 | Class A Misdemeanor | Violation of Subsection (2)(a) or (2)(b)(i) where the unpaid balance owed to the creditor on the property at the time of the act is less than $10,000. | Utah Code Ann. § 76-6-511(3)(a)(i) |
| Dealing with secured property or obstructing creditor administration — unpaid balance $10,000 or more | Third Degree Felony | Violation of Subsection (2)(a) or (2)(b)(i) where the unpaid balance owed to the creditor on the property at the time of the act is or exceeds $10,000. | Utah Code Ann. § 76-6-511(3)(a)(ii) |
| False statement to creditor or assignee | Class A Misdemeanor | Violation of Subsection (2)(b)(ii), involving presenting a materially false statement relating to the debtor's estate to a creditor or assignee. | Utah Code Ann. § 76-6-511(3)(b) |
Common questions about defrauding of creditors in Utah
Is defrauding of creditors a felony or a misdemeanor in Utah?
It depends on the circumstances: defrauding of creditors ranges from a Class A Misdemeanor to a Third Degree Felony in Utah under Utah Code Ann. § 76-6-511.
Dealing with secured property or obstructing creditor administration — unpaid balance under $10,000: Class A Misdemeanor (Utah Code Ann. § 76-6-511(3)(a)(i)) · Dealing with secured property or obstructing creditor administration — unpaid balance $10,000 or more: Third Degree Felony (Utah Code Ann. § 76-6-511(3)(a)(ii)) · False statement to creditor or assignee: Class A Misdemeanor (Utah Code Ann. § 76-6-511(3)(b))
What are the penalties for defrauding of creditors in Utah?
Which Utah statute covers defrauding of creditors?
Defrauding of creditors is governed by Utah Code Ann. § 76-6-511 (Defrauding of creditors).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.