26-20-9. Criminal penalties. (1) (a) Except as provided in Subsection (1)(b) the culpable mental state required for acriminal violation of this chapter is knowingly, intentionally, or recklessly as defined in Section
76-2-103.
(b) The culpable mental state required for a criminal violation of this chapter forkickbacks and bribes under Section
26-20-4 is knowingly and intentionally as defined in Section
76-2-103.
(2) The punishment for a criminal violation of any provision of this chapter, except asprovided under Section
26-20-5, is determined by the cumulative value of the funds or otherbenefits received or claimed in the commission of all violations of a similar nature, and not byeach separate violation.
(3) Punishment for criminal violation of this chapter, except as provided under Section
26-20-5, is a felony of the second degree, felony of the third degree, class A misdemeanor, orclass B misdemeanor based on the dollar amounts as prescribed by Subsection
76-6-412(1) fortheft of property and services.
Amended by Chapter 48, 2007 General Session