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2006 Utah Code - 61-1-21 — Penalties for violations.
61-1-21. Penalties for violations.
(1) A person is guilty of a third degree felony who willfully violates any provision of this chapter except Sections 61-1-1 and 61-1-16, or who willfully violates any rule or order under this chapter, or who willfully violates Section 61-1-16 knowing the statement made to be false or misleading in any material respect.
(2) A person who willfully violates Section 61-1-1:
(a) is guilty of a third degree felony if, at the time the crime was committed, the property, money, or thing unlawfully obtained or sought to be obtained was worth less than $10,000;
(b) is guilty of a second degree felony if:
(i) at the time the crime was committed, the property, money, or thing unlawfully obtained or sought to be obtained was worth $10,000 or more; or
(ii) (A) at the time the crime was committed, the property, money, or thing unlawfully obtained or sought to be obtained was worth less than $10,000; and
(B) in connection with that violation, the violator knowingly accepted any money representing:
(I) equity in a person's home;
(II) a withdrawal from any individual retirement account; or
(III) a withdrawal from any qualified retirement plan as defined in the Internal Revenue Code; or
(c) is guilty of a second degree felony punishable by imprisonment for an indeterminate term of not less than three years or more than 15 years if:
(i) at the time the crime was committed, the property, money, or thing unlawfully obtained or sought to be obtained was worth $10,000 or more; and
(ii) in connection with that violation, the violator knowingly accepted any money representing:
(A) equity in a person's home;
(B) a withdrawal from any individual retirement account; or
(C) a withdrawal from any qualified retirement plan as defined in the Internal Revenue Code.
(3) No person may be imprisoned for the violation of any rule or order if he proves that he had no knowledge of the rule or order.
(4) In addition to any other penalty for a criminal violation of this chapter, the sentencing judge may impose any penalty or remedy provided for in Subsection 61-1-20(2)(b).
(1) A person is guilty of a third degree felony who willfully violates any provision of this chapter except Sections 61-1-1 and 61-1-16, or who willfully violates any rule or order under this chapter, or who willfully violates Section 61-1-16 knowing the statement made to be false or misleading in any material respect.
(2) A person who willfully violates Section 61-1-1:
(a) is guilty of a third degree felony if, at the time the crime was committed, the property, money, or thing unlawfully obtained or sought to be obtained was worth less than $10,000;
(b) is guilty of a second degree felony if:
(i) at the time the crime was committed, the property, money, or thing unlawfully obtained or sought to be obtained was worth $10,000 or more; or
(ii) (A) at the time the crime was committed, the property, money, or thing unlawfully obtained or sought to be obtained was worth less than $10,000; and
(B) in connection with that violation, the violator knowingly accepted any money representing:
(I) equity in a person's home;
(II) a withdrawal from any individual retirement account; or
(III) a withdrawal from any qualified retirement plan as defined in the Internal Revenue Code; or
(c) is guilty of a second degree felony punishable by imprisonment for an indeterminate term of not less than three years or more than 15 years if:
(i) at the time the crime was committed, the property, money, or thing unlawfully obtained or sought to be obtained was worth $10,000 or more; and
(ii) in connection with that violation, the violator knowingly accepted any money representing:
(A) equity in a person's home;
(B) a withdrawal from any individual retirement account; or
(C) a withdrawal from any qualified retirement plan as defined in the Internal Revenue Code.
(3) No person may be imprisoned for the violation of any rule or order if he proves that he had no knowledge of the rule or order.
(4) In addition to any other penalty for a criminal violation of this chapter, the sentencing judge may impose any penalty or remedy provided for in Subsection 61-1-20(2)(b).
Amended by Chapter 149, 2001 General Session
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