Utah criminal charge
Public assistance fraud relating to obtaining or using public assistance in Utah
Public assistance fraud relating to obtaining or using public assistance is a criminal offense under Utah law, defined by Utah Code Ann. § 76-8-1203.3. 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. § 76-8-1203.3.
What is the penalty for public assistance fraud relating to obtaining or using public assistance in Utah?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 1 years to 15 years (Value $5,000 or more — Applies when 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 (Value $5,000 or more — Applies when 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 (Value $1,500 to $5,000 — Applies when the value 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 (Value $1,500 to $5,000 — Applies when the value 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 | Value $500 to $1,500 — Applies when the value 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 (Value $500 to $1,500 — Applies when the value 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 (Value under $500 — Applies when the value is less than $500.) | discretionary | Utah Code Ann. § 76-3-204 |
| Fine | up to $1,000 (Value under $500 — Applies when the value 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 relating to obtaining or using public assistance classified in Utah?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Value $5,000 or more | Second Degree Felony | Applies when the value of payments, assistance, or other benefits received, misappropriated, claimed, or applied is or exceeds $5,000. | Utah Code Ann. § 76-8-1203.3(3)(a) |
| Value $1,500 to $5,000 | Third Degree Felony | Applies when the value is or exceeds $1,500 but is less than $5,000. | Utah Code Ann. § 76-8-1203.3(3)(b) |
| Value $500 to $1,500 | Class A Misdemeanor | Applies when the value is or exceeds $500 but is less than $1,500. | Utah Code Ann. § 76-8-1203.3(3)(c) |
| Value under $500 | Class B Misdemeanor | Applies when the value is less than $500. | Utah Code Ann. § 76-8-1203.3(3)(d) |
Common questions about public assistance fraud relating to obtaining or using public assistance in Utah
Is public assistance fraud relating to obtaining or using public assistance a felony or a misdemeanor in Utah?
It depends on the circumstances: public assistance fraud relating to obtaining or using public assistance ranges from a Class B Misdemeanor to a Second Degree Felony in Utah under Utah Code Ann. § 76-8-1203.3.
Value $5,000 or more: Second Degree Felony (Utah Code Ann. § 76-8-1203.3(3)(a)) · Value $1,500 to $5,000: Third Degree Felony (Utah Code Ann. § 76-8-1203.3(3)(b)) · Value $500 to $1,500: Class A Misdemeanor (Utah Code Ann. § 76-8-1203.3(3)(c)) · Value under $500: Class B Misdemeanor (Utah Code Ann. § 76-8-1203.3(3)(d))
What are the penalties for public assistance fraud relating to obtaining or using public assistance in Utah?
Penalties for public assistance fraud relating to obtaining or using public assistance in Utah depend on how it is classified — from a Class B Misdemeanor up to a Second Degree Felony — with the ranges set by Utah Code Ann. § 76-3-203 and Utah Code Ann. § 76-3-204; the full table of ranges by variant is published on this page.
Which Utah statute covers public assistance fraud relating to obtaining or using public assistance?
Public assistance fraud relating to obtaining or using public assistance is governed by Utah Code Ann. § 76-8-1203.3 (Public assistance fraud relating to obtaining or using public assistance).
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.