76-8-1203.9. Public assistance fraud by a person facilitating an inaccurate public assistance application.

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

Effective 5/6/2026

(1)Terms defined in Sections 76-1-101.5 , 76-8-101 , and 76-8-1201 apply to this section.

(2)An actor commits public assistance fraud by a person facilitating an inaccurate public assistance application if the actor:

(a)assists an applicant with the completion of a public assistance application for the applicant;

(b)knowingly:

(i)includes, or instructs the applicant to include, false information relating to a material fact required to be disclosed in the applicant's application under Subsection 76-8-1203(1) ; or

(ii)does not disclose, or instructs the applicant to not disclose, a material fact required to be disclosed in the applicant's application under Subsection 76-8-1203(1) ; and

(c)undertakes the action described in Subsection (2)(b) for the purpose of causing the applicant for whom the application is being completed to receive public assistance to which the actor knows the applicant would otherwise not be entitled.

(3)Subject to Subsection

(4), 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.

(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 a violation of this section 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.

(5)The provisions of Section 35A-1-503 apply to a prosecution brought under this section.

Enacted by Chapter 340 , 2026 General Session