76-8-1301 (Superseded 11/01/10) - False statements regarding unemployment compensation -- Penalties.
76-8-1301 (Superseded 11/01/10). False statements regarding unemploymentcompensation -- Penalties.
(1) (a) A person who makes a false statement or representation knowing it to be false orknowingly fails to disclose a material fact, to obtain or increase a benefit or other payment underTitle 35A, Chapter 4, Employment Security Act, or under the Unemployment Compensation Lawof any state or of the federal government for any person is guilty of unemployment insurancefraud.
(b) A violation of Subsection (1)(a) is:
(i) a class B misdemeanor when the value of the money obtained or sought to be obtainedis less than $300;
(ii) a class A misdemeanor when the value of the money obtained or sought to beobtained is or exceeds $300 but is less than $1,000;
(iii) a third degree felony when the value of the money obtained or sought to be obtainedis or exceeds $1,000 but is less than $5,000; or
(iv) a second degree felony when the value of the money obtained or sought to beobtained is or exceeds $5,000.
(c) The determination of the degree of an offense under Subsection (1)(b) shall bemeasured by the total value of all money obtained or sought to be obtained by the unlawfulconduct.
(2) (a) An officer or agent of an employing unit as defined in Section 35A-4-202 or anyother person who makes a false statement or representation knowing it to be false, or whoknowingly fails to disclose a material fact, to prevent or reduce the payment of unemploymentcompensation benefits to an individual entitled to those benefits, or to avoid becoming orremaining a subject employer or to avoid or reduce any contribution or other payment requiredfrom an employing unit under Title 35A, Chapter 4, Employment Security Act, or under theUnemployment Compensation Law of any state or of the federal government, or who willfullyfails or refuses to make a contribution or other payment or to furnish any report required in Title35A, Chapter 4, Employment Security Act, or to produce or permit the inspection or copying ofrecords as required under that chapter is guilty of unemployment insurance fraud.
(b) A violation of Subsection (2)(a) is:
(i) a class B misdemeanor when the value of the money obtained or sought to be obtainedis less than $300;
(ii) a class A misdemeanor when the value of the money obtained or sought to beobtained is or exceeds $300 but is less than $1,000;
(iii) a third degree felony when the value of the money obtained or sought to be obtainedis or exceeds $1,000 but is less than $5,000; or
(iv) a second degree felony when the value of the money obtained or sought to beobtained is or exceeds $5,000.
(3) (a) A person who willfully violates any provision of Title 35A, Chapter 4,Employment Security Act, or any order made under that chapter, the violation of which is madeunlawful or the observance of which is required under the terms of that chapter, and for which apenalty is neither prescribed in that chapter nor provided by any other applicable statute is guiltyof a class A misdemeanor.
(b) Each day a violation of Subsection (3)(a) continues shall be a separate offense.
(4) A person is guilty of a class C misdemeanor if:
(a) as an employee of the Department of Workforce Services, in willful violation ofSection 35A-4-312, the employee makes a disclosure of information obtained from an employingunit or individual in the administration of Title 35A, Chapter 4, Employment Security Act; or
(b) the person has obtained a list of applicants for work or of claimants or recipients ofbenefits under Title 35A, Chapter 4, Employment Security Act, and uses or permits the use of thelist for any political purpose.
Amended by Chapter 305, 2008 General Session