Utah criminal charge
Misusing public money or public property in Utah
Current through 2026 Utah legislative session
Misusing public money or public property is a criminal offense under Utah law, defined by Utah Code Ann. § 76-8-402. 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. § 76-8-402.
What is the penalty for misusing public money or public property in Utah?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 5 years (Misuse of public money (base offense) — A violation of Subsections (2)(a) through (i), unless the second degree felony threshold in (3)(b) applies.; 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 (Misuse of public money (base offense) — A violation of Subsections (2)(a) through (i), unless the second degree felony threshold in (3)(b) applies.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
| Jail / prison | 1 years to 15 years (Misuse of public money (over $5,000) — A violation of Subsections (2)(a) through (i) where the value of public money, false account, false entry, fraudulent alteration, or falsified/destroyed/erased amount exceeds $5,000.; 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 $10,000 (Misuse of public money (over $5,000) — A violation of Subsections (2)(a) through (i) where the value of public money, false account, false entry, fraudulent alteration, or falsified/destroyed/erased amount exceeds $5,000.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
| Jail / prison | up to 6 months (Damaging/disposing public property (under $500) — Violation of Subsection (2)(j) where the cost to repair or replace the public property is less than $500.) | discretionary | Utah Code Ann. § 76-3-204 |
| Fine | up to $1,000 (Damaging/disposing public property (under $500) — Violation of Subsection (2)(j) where the cost to repair or replace the public property is less than $500.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-204 |
| Jail / prison | Damaging/disposing public property ($500-$1,500) — Violation of Subsection (2)(j) where the cost to repair or replace the public property is $500 or more but less than $1,500.; 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 (Damaging/disposing public property ($500-$1,500) — Violation of Subsection (2)(j) where the cost to repair or replace the public property is $500 or more but less than $1,500.; 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 (Damaging/disposing public property ($1,500-$5,000) — Violation of Subsection (2)(j) where the cost to repair or replace the public property is $1,500 or more but less than $5,000.; 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 (Damaging/disposing public property ($1,500-$5,000) — Violation of Subsection (2)(j) where the cost to repair or replace the public property is $1,500 or more but less than $5,000.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
| Jail / prison | 1 years to 15 years (Damaging/disposing public property ($5,000+) — Violation of Subsection (2)(j) where the cost to repair or replace the public property is $5,000 or more.; 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 $10,000 (Damaging/disposing public property ($5,000+) — Violation of Subsection (2)(j) where the cost to repair or replace the public property is $5,000 or more.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
| Jail / prison | up to 6 months (Unauthorized control/appropriation/transfer/failure to keep public property (under $500) — Violation of Subsection (2)(k), (m), (n), or (o) where the value of the public property is less than $500.) | discretionary | Utah Code Ann. § 76-3-204 |
| Fine | up to $1,000 (Unauthorized control/appropriation/transfer/failure to keep public property (under $500) — Violation of Subsection (2)(k), (m), (n), or (o) where the value of the public property is less than $500.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-204 |
| Jail / prison | Unauthorized control/appropriation/transfer/failure to keep public property ($500-$1,500) — Violation of Subsection (2)(k), (m), (n), or (o) where the value of the public property is $500 or more but less than $1,500.; 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 (Unauthorized control/appropriation/transfer/failure to keep public property ($500-$1,500) — Violation of Subsection (2)(k), (m), (n), or (o) where the value of the public property is $500 or more but less than $1,500.; 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 (Unauthorized control/appropriation/transfer/failure to keep public property ($1,500-$5,000) — Violation of Subsection (2)(k), (m), (n), or (o) where the value of the public property is $1,500 or more but less than $5,000.; 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 (Unauthorized control/appropriation/transfer/failure to keep public property ($1,500-$5,000) — Violation of Subsection (2)(k), (m), (n), or (o) where the value of the public property is $1,500 or more but less than $5,000.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
| Jail / prison | 1 years to 15 years (Unauthorized control/appropriation/transfer/failure to keep public property ($5,000+) — Violation of Subsection (2)(k), (m), (n), or (o) where the value of the public property is $5,000 or more.; 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 $10,000 (Unauthorized control/appropriation/transfer/failure to keep public property ($5,000+) — Violation of Subsection (2)(k), (m), (n), or (o) where the value of the public property is $5,000 or more.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
| Jail / prison | up to 90 days (Temporary appropriation/use of public property (under $500) — Violation of Subsection (2)(l) where the value of the public property is less than $500.) | discretionary | Utah Code Ann. § 76-3-204 |
| Fine | up to $750 (Temporary appropriation/use of public property (under $500) — Violation of Subsection (2)(l) where the value of the public property is less than $500.; 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 6 months (Temporary appropriation/use of public property ($500-$1,500) — Violation of Subsection (2)(l) where the value of the public property is $500 or more but less than $1,500.) | discretionary | Utah Code Ann. § 76-3-204 |
| Fine | up to $1,000 (Temporary appropriation/use of public property ($500-$1,500) — Violation of Subsection (2)(l) where the value of the public property is $500 or more but less than $1,500.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-204 |
| Jail / prison | Temporary appropriation/use of public property ($1,500-$5,000) — Violation of Subsection (2)(l) where the value of the public property is $1,500 or more but less than $5,000.; 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 (Temporary appropriation/use of public property ($1,500-$5,000) — Violation of Subsection (2)(l) where the value of the public property is $1,500 or more but less than $5,000.; 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 (Temporary appropriation/use of public property ($5,000+) — Violation of Subsection (2)(l) where the value of the public property is $5,000 or more.; 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 (Temporary appropriation/use of public property ($5,000+) — Violation of Subsection (2)(l) where the value of the public property is $5,000 or more.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
Applies to current (2026 General Session).
How is misusing public money or public property classified in Utah?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Misuse of public money (base offense) | Third Degree Felony | A violation of Subsections (2)(a) through (i), unless the second degree felony threshold in (3)(b) applies. | Utah Code Ann. § 76-8-402(3)(a) |
| Misuse of public money (over $5,000) | Second Degree Felony | A violation of Subsections (2)(a) through (i) where the value of public money, false account, false entry, fraudulent alteration, or falsified/destroyed/erased amount exceeds $5,000. | Utah Code Ann. § 76-8-402(3)(b) |
| Damaging/disposing public property (under $500) | Class B Misdemeanor | Violation of Subsection (2)(j) where the cost to repair or replace the public property is less than $500. | Utah Code Ann. § 76-8-402(3)(c)(i) |
| Damaging/disposing public property ($500-$1,500) | Class A Misdemeanor | Violation of Subsection (2)(j) where the cost to repair or replace the public property is $500 or more but less than $1,500. | Utah Code Ann. § 76-8-402(3)(c)(ii) |
| Damaging/disposing public property ($1,500-$5,000) | Third Degree Felony | Violation of Subsection (2)(j) where the cost to repair or replace the public property is $1,500 or more but less than $5,000. | Utah Code Ann. § 76-8-402(3)(c)(iii) |
| Damaging/disposing public property ($5,000+) | Second Degree Felony | Violation of Subsection (2)(j) where the cost to repair or replace the public property is $5,000 or more. | Utah Code Ann. § 76-8-402(3)(c)(iv) |
| Unauthorized control/appropriation/transfer/failure to keep public property (under $500) | Class B Misdemeanor | Violation of Subsection (2)(k), (m), (n), or (o) where the value of the public property is less than $500. | Utah Code Ann. § 76-8-402(3)(d)(i) |
| Unauthorized control/appropriation/transfer/failure to keep public property ($500-$1,500) | Class A Misdemeanor | Violation of Subsection (2)(k), (m), (n), or (o) where the value of the public property is $500 or more but less than $1,500. | Utah Code Ann. § 76-8-402(3)(d)(ii) |
| Unauthorized control/appropriation/transfer/failure to keep public property ($1,500-$5,000) | Third Degree Felony | Violation of Subsection (2)(k), (m), (n), or (o) where the value of the public property is $1,500 or more but less than $5,000. | Utah Code Ann. § 76-8-402(3)(d)(iii) |
| Unauthorized control/appropriation/transfer/failure to keep public property ($5,000+) | Second Degree Felony | Violation of Subsection (2)(k), (m), (n), or (o) where the value of the public property is $5,000 or more. | Utah Code Ann. § 76-8-402(3)(d)(iv) |
| Temporary appropriation/use of public property (under $500) | Class C Misdemeanor | Violation of Subsection (2)(l) where the value of the public property is less than $500. | Utah Code Ann. § 76-8-402(3)(e)(i) |
| Temporary appropriation/use of public property ($500-$1,500) | Class B Misdemeanor | Violation of Subsection (2)(l) where the value of the public property is $500 or more but less than $1,500. | Utah Code Ann. § 76-8-402(3)(e)(ii) |
| Temporary appropriation/use of public property ($1,500-$5,000) | Class A Misdemeanor | Violation of Subsection (2)(l) where the value of the public property is $1,500 or more but less than $5,000. | Utah Code Ann. § 76-8-402(3)(e)(iii) |
| Temporary appropriation/use of public property ($5,000+) | Third Degree Felony | Violation of Subsection (2)(l) where the value of the public property is $5,000 or more. | Utah Code Ann. § 76-8-402(3)(e)(iv) |
Common questions about misusing public money or public property in Utah
Is misusing public money or public property a felony or a misdemeanor in Utah?
It depends on the circumstances: misusing public money or public property ranges from a Class C Misdemeanor to a Second Degree Felony in Utah under Utah Code Ann. § 76-8-402.
Misuse of public money (base offense): Third Degree Felony (Utah Code Ann. § 76-8-402(3)(a)) · Misuse of public money (over $5,000): Second Degree Felony (Utah Code Ann. § 76-8-402(3)(b)) · Damaging/disposing public property (under $500): Class B Misdemeanor (Utah Code Ann. § 76-8-402(3)(c)(i)) · Damaging/disposing public property ($500-$1,500): Class A Misdemeanor (Utah Code Ann. § 76-8-402(3)(c)(ii)) · Damaging/disposing public property ($1,500-$5,000): Third Degree Felony (Utah Code Ann. § 76-8-402(3)(c)(iii)) · Damaging/disposing public property ($5,000+): Second Degree Felony (Utah Code Ann. § 76-8-402(3)(c)(iv)) · Unauthorized control/appropriation/transfer/failure to keep public property (under $500): Class B Misdemeanor (Utah Code Ann. § 76-8-402(3)(d)(i)) · Unauthorized control/appropriation/transfer/failure to keep public property ($500-$1,500): Class A Misdemeanor (Utah Code Ann. § 76-8-402(3)(d)(ii)) · Unauthorized control/appropriation/transfer/failure to keep public property ($1,500-$5,000): Third Degree Felony (Utah Code Ann. § 76-8-402(3)(d)(iii)) · Unauthorized control/appropriation/transfer/failure to keep public property ($5,000+): Second Degree Felony (Utah Code Ann. § 76-8-402(3)(d)(iv)) · Temporary appropriation/use of public property (under $500): Class C Misdemeanor (Utah Code Ann. § 76-8-402(3)(e)(i)) · Temporary appropriation/use of public property ($500-$1,500): Class B Misdemeanor (Utah Code Ann. § 76-8-402(3)(e)(ii)) · Temporary appropriation/use of public property ($1,500-$5,000): Class A Misdemeanor (Utah Code Ann. § 76-8-402(3)(e)(iii)) · Temporary appropriation/use of public property ($5,000+): Third Degree Felony (Utah Code Ann. § 76-8-402(3)(e)(iv))
What are the penalties for misusing public money or public property in Utah?
Which Utah statute covers misusing public money or public property?
Misusing public money or public property is governed by Utah Code Ann. § 76-8-402 (Misusing public money or public property - Disqualification from office).
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.