Utah criminal charge
Public assistance fraud by a provider in Utah
Public assistance fraud by a provider is a criminal offense under Utah law, defined by Utah Code Ann. § 76-8-1203.5. Its classification is not fixed: Utah assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Utah Code Ann. § 76-8-1203.5.
What is the penalty for public assistance fraud by a provider in Utah?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 1 years to 15 years (Public assistance fraud by a provider - value $5,000 or more — The value of payments, assistance, or other benefits received, misappropriated, claimed, or applied is or exceeds $5,000.; indeterminate prison term, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole) | discretionary | Utah Code Ann. § 76-3-203 |
| Fine | up to $10,000 (Public assistance fraud by a provider - value $5,000 or more — The value of payments, assistance, or other benefits received, misappropriated, claimed, or applied is or exceeds $5,000.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
| Jail / prison | up to 5 years (Public assistance fraud by a provider - value $1,500 to $5,000 — The value of payments, assistance, or other benefits received, misappropriated, claimed, or applied is or exceeds $1,500 but is less than $5,000.; indeterminate prison term, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole) | discretionary | Utah Code Ann. § 76-3-203 |
| Fine | up to $5,000 (Public assistance fraud by a provider - value $1,500 to $5,000 — The value of payments, assistance, or other benefits received, misappropriated, claimed, or applied is or exceeds $1,500 but is less than $5,000.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
| Jail / prison | Public assistance fraud by a provider - value $500 to $1,500 — The value of payments, assistance, or other benefits received, misappropriated, claimed, or applied is or exceeds $500 but is less than $1,500.; up to 364 days — except up to one year for class A misdemeanors under Title 76, Chapter 5 (Offenses Against the Individual), other than Sections 76-5-102.9, 76-5-107.5, 76-5-113, and 76-5-303, which remain at 364 days (Utah Code Ann. § 76-3-204(1)) | discretionary | Utah Code Ann. § 76-3-204 |
| Fine | up to $2,500 (Public assistance fraud by a provider - value $500 to $1,500 — The value of payments, assistance, or other benefits received, misappropriated, claimed, or applied is or exceeds $500 but is less than $1,500.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-204 |
| Jail / prison | up to 6 months (Public assistance fraud by a provider - value under $500 — The value of payments, assistance, or other benefits received, misappropriated, claimed, or applied is less than $500.) | discretionary | Utah Code Ann. § 76-3-204 |
| Fine | up to $1,000 (Public assistance fraud by a provider - value under $500 — The value of payments, assistance, or other benefits received, misappropriated, claimed, or applied is less than $500.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-204 |
Applies to current (2026 General Session).
How is public assistance fraud by a provider classified in Utah?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Public assistance fraud by a provider - value $5,000 or more | Second Degree Felony | The value of payments, assistance, or other benefits received, misappropriated, claimed, or applied is or exceeds $5,000. | Utah Code Ann. § 76-8-1203.5(3)(a) |
| Public assistance fraud by a provider - value $1,500 to $5,000 | Third Degree Felony | The value of payments, assistance, or other benefits received, misappropriated, claimed, or applied is or exceeds $1,500 but is less than $5,000. | Utah Code Ann. § 76-8-1203.5(3)(b) |
| Public assistance fraud by a provider - value $500 to $1,500 | Class A Misdemeanor | The value of payments, assistance, or other benefits received, misappropriated, claimed, or applied is or exceeds $500 but is less than $1,500. | Utah Code Ann. § 76-8-1203.5(3)(c) |
| Public assistance fraud by a provider - value under $500 | Class B Misdemeanor | The value of payments, assistance, or other benefits received, misappropriated, claimed, or applied is less than $500. | Utah Code Ann. § 76-8-1203.5(3)(d) |
Common questions about public assistance fraud by a provider in Utah
Is public assistance fraud by a provider a felony or a misdemeanor in Utah?
It depends on the circumstances: public assistance fraud by a provider ranges from a Class B Misdemeanor to a Second Degree Felony in Utah under Utah Code Ann. § 76-8-1203.5.
Public assistance fraud by a provider - value $5,000 or more: Second Degree Felony (Utah Code Ann. § 76-8-1203.5(3)(a)) · Public assistance fraud by a provider - value $1,500 to $5,000: Third Degree Felony (Utah Code Ann. § 76-8-1203.5(3)(b)) · Public assistance fraud by a provider - value $500 to $1,500: Class A Misdemeanor (Utah Code Ann. § 76-8-1203.5(3)(c)) · Public assistance fraud by a provider - value under $500: Class B Misdemeanor (Utah Code Ann. § 76-8-1203.5(3)(d))
What are the penalties for public assistance fraud by a provider in Utah?
Which Utah statute covers public assistance fraud by a provider?
Public assistance fraud by a provider is governed by Utah Code Ann. § 76-8-1203.5 (Public assistance fraud by a provider).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.