Utah criminal charge
Unlawful failure to comply with Employment Security Act requirement in Utah
Unlawful failure to comply with Employment Security Act requirement is a criminal offense under Utah law, defined by Utah Code Ann. § 76-8-1303. 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. § 76-8-1303.
What is the penalty for unlawful failure to comply with employment security act requirement in Utah?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 6 months (Failure to pay/report/produce records (value < $500) — Violation of Subsection (2)(a) where the value of money obtained or sought to be obtained is less than $500.) | discretionary | Utah Code Ann. § 76-3-204 |
| Fine | up to $1,000 (Failure to pay/report/produce records (value < $500) — Violation of Subsection (2)(a) where the value of money obtained or sought to be obtained 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 | Failure to pay/report/produce records ($500–$1,500) — Violation of Subsection (2)(a) where the value of money obtained or sought to be obtained 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 (Failure to pay/report/produce records ($500–$1,500) — Violation of Subsection (2)(a) where the value of money obtained or sought to be obtained 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 (Failure to pay/report/produce records ($1,500–$5,000) — Violation of Subsection (2)(a) where the value of money obtained or sought to be obtained 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 (Failure to pay/report/produce records ($1,500–$5,000) — Violation of Subsection (2)(a) where the value of money obtained or sought to be obtained 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 (Failure to pay/report/produce records ($5,000 or more) — Violation of Subsection (2)(a) where the value of money obtained or sought to be obtained 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 (Failure to pay/report/produce records ($5,000 or more) — Violation of Subsection (2)(a) where the value of money obtained or sought to be obtained 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 | Violation of other Employment Security Act provisions or orders — Violation of Subsection (2)(b), involving unlawful conduct under the Employment Security Act without a prescribed penalty and not described in Subsection (2)(a).; 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 (Violation of other Employment Security Act provisions or orders — Violation of Subsection (2)(b), involving unlawful conduct under the Employment Security Act without a prescribed penalty and not described in Subsection (2)(a).; 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 unlawful failure to comply with employment security act requirement classified in Utah?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Failure to pay/report/produce records (value < $500) | Class B Misdemeanor | Violation of Subsection (2)(a) where the value of money obtained or sought to be obtained is less than $500. | Utah Code Ann. § 76-8-1303(3)(a)(i) |
| Failure to pay/report/produce records ($500–$1,500) | Class A Misdemeanor | Violation of Subsection (2)(a) where the value of money obtained or sought to be obtained is $500 or more but less than $1,500. | Utah Code Ann. § 76-8-1303(3)(a)(ii) |
| Failure to pay/report/produce records ($1,500–$5,000) | Third Degree Felony | Violation of Subsection (2)(a) where the value of money obtained or sought to be obtained is $1,500 or more but less than $5,000. | Utah Code Ann. § 76-8-1303(3)(a)(iii) |
| Failure to pay/report/produce records ($5,000 or more) | Second Degree Felony | Violation of Subsection (2)(a) where the value of money obtained or sought to be obtained is $5,000 or more. | Utah Code Ann. § 76-8-1303(3)(a)(iv) |
| Violation of other Employment Security Act provisions or orders | Class A Misdemeanor | Violation of Subsection (2)(b), involving unlawful conduct under the Employment Security Act without a prescribed penalty and not described in Subsection (2)(a). | Utah Code Ann. § 76-8-1303(3)(b) |
Common questions about unlawful failure to comply with employment security act requirement in Utah
Is unlawful failure to comply with Employment Security Act requirement a felony or a misdemeanor in Utah?
It depends on the circumstances: unlawful failure to comply with Employment Security Act requirement ranges from a Class B Misdemeanor to a Second Degree Felony in Utah under Utah Code Ann. § 76-8-1303.
Failure to pay/report/produce records (value < $500): Class B Misdemeanor (Utah Code Ann. § 76-8-1303(3)(a)(i)) · Failure to pay/report/produce records ($500–$1,500): Class A Misdemeanor (Utah Code Ann. § 76-8-1303(3)(a)(ii)) · Failure to pay/report/produce records ($1,500–$5,000): Third Degree Felony (Utah Code Ann. § 76-8-1303(3)(a)(iii)) · Failure to pay/report/produce records ($5,000 or more): Second Degree Felony (Utah Code Ann. § 76-8-1303(3)(a)(iv)) · Violation of other Employment Security Act provisions or orders: Class A Misdemeanor (Utah Code Ann. § 76-8-1303(3)(b))
What are the penalties for unlawful failure to comply with Employment Security Act requirement in Utah?
Penalties for unlawful failure to comply with Employment Security Act requirement in Utah depend on how it is classified — from a Class B Misdemeanor up to a Second Degree Felony — with the ranges set by Utah Code Ann. § 76-3-204 and Utah Code Ann. § 76-3-203; the full table of ranges by variant is published on this page.
Which Utah statute covers unlawful failure to comply with Employment Security Act requirement?
Unlawful failure to comply with Employment Security Act requirement is governed by Utah Code Ann. § 76-8-1303 (Unlawful failure to comply with Employment Security Act requirement).
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.