76-9-1604. Failure to report a financial transaction of more than $10,000.
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Effective 5/7/2025
76-9-1604. Failure to report a financial transaction of more than $10,000.
(1)Terms defined in Sections 76-1-101.5 and 76-9-1601 apply to this section.
(2)An actor commits failure to report a financial transaction of more than $10,000 if the actor:
(a)is engaged in a trade or business;
(b)receives more than $10,000 in domestic or foreign currency:
(i)in one transaction; or
(ii)through two or more related transactions during one business day; and
(c)intentionally or knowingly fails to complete and file with the State Bureau of Investigation the information required by 26 U.S.C. Sec. 6050I, concerning returns relating to currency received in trade or business.
(a)Except as provided in Subsection (3)(b) or (c), a violation of Subsection
(2)is a class C misdemeanor.
(b)Except as provided in Subsection (3)(c) , a violation of Subsection
(2)is a class A misdemeanor if the actor has previously been convicted of violating this section.
(c)A violation of Subsection
(2)is a third degree felony if the violation is committed:
(i)in furtherance of the commission of any other violation of state law; or
(ii)as part of a pattern of illegal activity involving transactions exceeding $100,000 in any 12-month period.
(a)The State Bureau of Investigation and the Office of the Attorney General:
(i)shall enforce compliance with Subsection (2); and
(ii)are custodians of and have access to all information and documents filed under Subsection (2).
(b)Information filed by a trade or business in compliance with this section is confidential, except a law enforcement agency, county attorney, or district attorney, when establishing a clear need for the information for investigative purposes, shall have access to the information and shall maintain the information in a confidential manner except as otherwise provided by the Utah Rules of Criminal Procedure.
(5)Under this section, each failure by an actor to file a report required under Subsection
(2)is a separate violation.
(6)This section does not apply to a financial institution.
Renumbered and Amended by Chapter 173 , 2025 General Session