76-8-1203.1. Public assistance fraud by an applicant for public assistance.
(1) Terms defined in Sections,, andapply to this section. 76-1-101.5 76-8-101 76-8-1201
(2) An actor commits public assistance fraud by an applicant for public assistance if the actor intentionally, knowingly, or recklessly: applies for public assistance; and fails to disclose a material fact required to be disclosed under Subsection. 76-8-1203(1)
(3) Subject to Subsection (5), a violation of Subsection (2) is, based on the value of payments, assistance, or other benefits received, misappropriated, claimed, or applied: a second degree felony if the value is or exceeds $5,000; a third degree felony if the value is or exceeds $1,500 but is less than $5,000; a class A misdemeanor if the value is or exceeds $500 but is less than $1,500; or a class B misdemeanor if the value is less than $500.
(4) It is not a defense to prosecution under this section that the actor repaid the funds or benefits obtained in violation of this section.
(5) In determining the value of payments, assistance, or other benefits received to determine the penalty level of an actor's conduct under Subsection (3), the value is calculated by aggregating the values of each instance of public assistance fraud committed by the actor as part of the same facts and circumstances or a related series of facts and circumstances. The value of a benefit received by an individual is the ordinary or usual charge for similar benefits in the private sector.
(6) The provisions of Sectionapply to a prosecution brought under this section. 35A-1-503