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Utah statute

Utah Code Ann. § 76-8-1203.7 — Fraudulently misappropriating public assistance funds.

Current through 2026 General Session

Part of Part 12: Public Assistance Fraud, Utah Code.

Criminal charges under this statute

Full text of Utah Code Ann. § 76-8-1203.7

Statutory text current through the 2026 General Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Utah.

Utah Code Ann. § 76-8-1203.7Primary source, current through the 2026 General Session
(1) Terms defined in Sections 76-1-101.5, 76-8-101, and 76-8-1201 apply to this section. (2) An actor commits fraudulently misappropriating public assistance funds if the actor: (2)(a)(i) is an administrator of a state or federally funded public assistance program; and (2)(a)(ii) while performing the actor's duties as an administrator, intentionally, knowingly, or recklessly fraudulently misappropriates funds exchanged for: (2)(a)(ii)(A) SNAP benefits; (2)(a)(ii)(B) an identification card; (2)(a)(ii)(C) a certificate of eligibility for medical services; (2)(a)(ii)(D) a Medicaid identification card; or (2)(a)(ii)(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 (2)(b)(i) is an individual entrusted with: (2)(b)(i)(A) SNAP benefits; (2)(b)(i)(B) an identification card; (2)(b)(i)(C) a certificate of eligibility for medical services; (2)(b)(i)(D) a Medicaid identification card; or (2)(b)(i)(E) other public assistance with which the individual has been entrusted; and (2)(b)(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: (3)(a) a second degree felony if the value is or exceeds $5,000; (3)(b) a third degree felony if the value is or exceeds $1,500 but is less than $5,000; (3)(c) a class A misdemeanor if the value is or exceeds $500 but is less than $1,500; or (3)(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. (5)(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.

Official sources

Legal terms used in this section

Questions this section answers

Is fraudulently misappropriating public assistance funds a felony or a misdemeanor in Utah?

It depends on the circumstances: fraudulently misappropriating public assistance funds ranges from a Class B Misdemeanor to a Second Degree Felony in Utah under Utah Code Ann. § 76-8-1203.7.

Value $5,000 or more: Second Degree Felony (Utah Code Ann. § 76-8-1203.7(3)(a)) · Value $1,500 to $5,000: Third Degree Felony (Utah Code Ann. § 76-8-1203.7(3)(b)) · Value $500 to $1,500: Class A Misdemeanor (Utah Code Ann. § 76-8-1203.7(3)(c)) · Value less than $500: Class B Misdemeanor (Utah Code Ann. § 76-8-1203.7(3)(d))

Which Utah statute covers fraudulently misappropriating public assistance funds?

Fraudulently misappropriating public assistance funds is governed by Utah Code Ann. § 76-8-1203.7 (Fraudulently misappropriating public assistance funds).

This reference is informational and is not legal advice.