76-8-1203.7. Fraudulently misappropriating public assistance funds.

393 words·~2 min read·/ut/title-76/chapter-8/76-8-1203-7

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/1/2024

(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:

(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

(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.

(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.

Enacted by Chapter 96 , 2024 General Session