76-8-1206 (Superseded 11/01/10) - Penalties for public assistance fraud.
76-8-1206 (Superseded 11/01/10). Penalties for public assistance fraud.
(1) The severity of the offense of public assistance fraud is classified in accordance withthe value of payments, assistance, or other benefits received, misappropriated, claimed, orapplied for as follows:
(a) second degree felony if the value is or exceeds $5,000;
(b) third degree felony if the value is or exceeds $1,000 but is less than $5,000;
(c) class A misdemeanor if the value is or exceeds $300 but is less than $1,000; and
(d) class B misdemeanor if the value is less than $300.
(2) For purposes of Subsection (1), the value of an offense is calculated by aggregatingthe values of each instance of public assistance fraud committed by the defendant as part of thesame facts and circumstances or a related series of facts and circumstances.
(3) Incidents of trafficking in food stamps that occur within a six-month period,committed by an individual or coconspirators, are deemed to be a related series of facts andcircumstances regardless of whether the transactions are conducted with a variety of unrelatedparties.
Amended by Chapter 291, 1995 General Session