ARTICLE XIV. - OFFENSES REGARDING FRAUD
Part of the Code of Ordinances of Minersville, UT.
The text
Sec. 14-362. - Tampering with records.#
(a)
Any person who, having no privilege to do so, knowingly falsifies, destroys, removes, or conceals any writing, other than the writings enumerated in U.C.A. 1953, § 76-6-503.5 for which the law provides public recording or any record, public or private, with intent to deceive or injure any person or to conceal any wrongdoing is guilty of tampering with records.
(b)
Tampering with records is a Class B misdemeanor.
(Code 1981, § 13-650-4)
State Law reference— Similar provisions, U.C.A. 1953, § 76-6-504.
Sec. 14-363. - Issuing a bad check or draft; presumption.#
(a)
Any person who issues or passes a check or draft for the payment of money, for the purpose of obtaining from any person, firm, partnership, or corporation, any money, property, or other thing of value or paying for any services, wages, salary, labor or rent, knowing it will not be paid by the drawee and payment is refused by the drawee, is guilty of issuing a bad check or draft.
(b)
For purposes of this section, a person who issues a check or draft for which payment is refused by the drawee is presumed to know the check or draft would not be paid if he had no account with the drawee at the time of issue.
(c)
Any person who issues or passes a check or draft for the payment of money, for the purpose of obtaining from any person, firm, partnership, or corporation, any money, property, or other thing of value or paying for any services, wages, salary, labor, or rent, payment of which check or draft is legally refused by the drawee, is guilty of issuing a bad check or draft if he fails to make good and actual payment to the payee in the amount of the refused check or draft within 14 days of his receiving actual notice of the check or draft's nonpayment.
(d)
An offense of issuing a bad check or draft shall be punished as follows:
(1)
If the check or draft or series of checks or drafts made or drawn in this state within a period not exceeding six months amounts to a sum that is less than $500.00, the offense is a Class B misdemeanor.
(2)
If the check or draft or checks or drafts made or drawn in this state within a period not exceeding six months amounts to a sum that is or exceeds $500.00 but is less than $1,500.00, the offense is a Class A misdemeanor.
(3)
If the check or draft or checks or drafts made or drawn in this state within a period not exceeding six months amounts to a sum that is or exceeds $1,500.00 but is less than $5,000.00, the offense is a felony of the third degree to be prosecuted under state law.
(4)
If the check or draft or checks or drafts made or drawn in this state within a period not exceeding six months amounts to a sum that is or exceeds $5,000.00, the offense is a second degree felony to be prosecuted under state law.
(Code 1981, § 13-650-5)
State Law reference— Similar provisions, U.C.A. 1953, § 76-6-505.
Sec. 14-364. - Fraudulent use of a transaction card; transaction card defined; penalty.#
(a)
U.C.A. 1953, §§ 76-6-506 through 76-6-506.3 are hereby incorporated herein by reference.
(b)
Any person found guilty of unlawful conduct described in U.C.A. 1953, § 76-6-506.2 or 76-6-506.6 is guilty of:
(1)
A Class B misdemeanor when the value of the property, money, or thing obtained or sought to be obtained is less than $500.00;
(2)
A Class A misdemeanor when the value of the property, money, or thing obtained or sought to be obtained is or exceeds $500.00 but is less than $1,500.00;
(3)
A third degree felony when the value of the property, money, or thing obtained or attempted to be obtained is or exceeds $1,500.00 but is less than $5,000.00 to be prosecuted under state law; and
(4)
A second degree felony when the value of the property, money, or thing obtained or attempted to be obtained is or exceeds $5,000.00 to be prosecuted under state law.
(c)
Multiple violations of U.C.A. 1953, §§ 76-6-506.2(1) and 76-6-506.6, and this section may be aggregated into a single offense, and the degree of the offense is determined by the total value of all property, money, or things obtained or attempted to be obtained through the multiple violations.
(d)
The court shall make appropriate findings in any prosecution under this section that the card holder did not commit the crime.
(Code 1981, § 13-650-6)
State Law reference— Offenses and penalties, U.C.A. 1953, § 76-6-506.5.
Sec. 14-365. - Deceptive business practices; definitions; defense.#
(a)
A person is guilty of a Class B misdemeanor if, in the course of business, he:
(1)
Uses or possesses for use a false weight or measure, or any other device for falsely determining or recording any quality or quantity;
(2)
Takes or attempts to take more than the represented quantity of any commodity or service when, as a buyer, he furnishes the weight or measure; or
(3)
Sells, offers or exposes for sale adulterated or mislabeled commodities.
(b)
The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Adulterated means varying from the standard of composition or quality prescribed, or pursuant to any statute or ordinance providing criminal penalties for a variance, or set by established commercial usage.
Mislabeled means varying from the standard of truth or disclosure in labeling prescribed by or pursuant to any statute or ordinance providing criminal penalties for such variance, or set by established commercial usage.
(c)
It is an affirmative defense to prosecution under this section that the defendant's conduct was not knowing or reckless.
(Code 1981, § 13-650-7)
State Law reference— Similar provisions, U.C.A. 1953, § 76-6-507.
Sec. 14-366. - Bribery of or receiving bribe by person in the business of selection, appraisal, or criticism of goods or services.#
(a)
A person is guilty of a Class A misdemeanor when, without the consent of the employer or principal, contrary to the interests of the employer or principal:
(1)
He confers, offers, or agrees to confer upon the employee, agent, or fiduciary of an employer or principal any benefit with the purpose of influencing the conduct of the employee, agent, or fiduciary in relating to his employer's or principal's affairs; or
(2)
He, as an employee, agent, or fiduciary of an employer or principal, solicits, accepts, or agrees to accept any benefit from another upon an agreement or understanding that such benefit will influence his conduct in relation to his employer's or principal's affairs; provided that this section does not apply to inducements made or accepted solely for the purpose of causing a change in employment by an employee, agent or fiduciary.
(b)
A person is guilty of violation of this section if he holds himself out to the public as being engaged in the business of making disinterested selection, appraisal, or criticism of goods or services and he solicits, accepts, or agrees to accept any benefit to influence his selection, appraisal, or criticism.
(Code 1981, § 13-650-8)
State Law reference— Similar provisions, U.C.A. 1953, § 76-6-508.
Sec. 14-367. - Defrauding creditors.#
A person is guilty of a Class A misdemeanor if: (1)
He destroys, removes, conceals, encumbers, transfers, or otherwise deals with property subject to a security interest with a purpose to hinder enforcement of that interest; or
(2)
Knowing that proceedings have been or are about to be instituted for the appointment of a person entitled to administer property for the benefit of creditors, he:
a.
Destroys, removes, conceals, encumbers, transfers, or otherwise deals with any property with a purpose to defeat or obstruct the claim of any creditor, or otherwise to obstruct the operation of any law relating to administration of property for the benefit of creditors; or
b.
Presents to any creditor or to any assignee for the benefit of creditors, orally or in writing, any statement relating to the debtor's estate, knowing that a material part of such statement is false.
(Code 1981, § 13-650-11)
State Law reference— Similar provisions, U.C.A. 1953, § 76-6-511.
Sec. 14-368. - Using or making slugs.#
(a)
A person is guilty of a Class B misdemeanor if:
(1)
With a purpose to defraud the supplier of property or a service offered or sold by means of a coin machine, he inserts, deposits, or uses a slug in that machine; or
(2)
He makes, possesses, or disposes of a slug with the purpose of enabling a person to use it fraudulently in a coin machine.
(b)
The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Coin machine means any mechanical or electronic device or receptacle designed to receive a coin or bill of a certain denomination, or a token made for the purpose, and, in return for the insertion or deposit thereof, automatically to offer, provide, assist in providing or permit the acquisition of property or a public or private service.
Slug means any object which, by virtue of its size, shape, or other quality, is capable of being inserted, deposited, or otherwise used in a coin machine as an improper substitute for a genuine coin, bill, or token.
(Code 1981, § 13-650-15)
State Law reference— Similar provisions, U.C.A. 1953, § 76-6-515.
Sec. 14-369. - Criminal simulation.#
(a)
A person is guilty of criminal simulation if, with intent to defraud another:
(1)
He makes or alters an object in whole or in part so that it appears to have value because of age, antiquity, rarity, source, or authorship that it does not have;
(2)
He sells, passes, or otherwise utters an object so made or altered;
(3)
He possesses an object so made or altered with intent to sell, pass, or otherwise utter it; or
(4)
He authenticates or certifies an object so made or altered as genuine or as different from what it is.
(b)
If the value defrauded or intended to be defrauded is less than $500.00, criminal simulation is punishable as a Class B misdemeanor. If the value defrauded or intended to be defrauded is or exceeds $500.00, but is less than $1,500.00, the offense is a Class A misdemeanor. If the value defrauded or intended to be defrauded is or exceeds $1,500.00, the offense is a felony which is prosecuted under state law.
(Code 1981, § 13-650-18)
State Law reference— Similar provisions, U.C.A. 1953, § 76-6-518.
Sec. 14-370. - Fraudulent insurance act.#
(a)
A person commits a fraudulent insurance act if that person with intent to deceive or defraud:
(1)
Presents or causes to be presented any oral or written statement or representation knowing that the statement or representation contains false or fraudulent information concerning any fact material to an application for the issuance or renewal of an insurance policy, certificate, or contract, as part of or in support of:
a.
Obtaining an insurance policy the insurer would otherwise not issue on the basis of underwriting criteria applicable to the person;
b.
A scheme or artifice to avoid paying the premium that an insurer charges on the basis of underwriting criteria applicable to the person; or
c.
A scheme or artifice to file an insurance claim for a loss that has already occurred;
(2)
Presents, or causes to be presented, any oral or written statement or representation:
a.
As part of or in support of a claim for payment or other benefit pursuant to an insurance policy, certificate, or contract, or in connection with any civil claim asserted for recovery of damages for personal or bodily injuries or property damage; and
b.
Knowing that the statement or representation contains false, incomplete, or fraudulent information concerning any fact or thing material to the claim;
(3)
Knowingly accepts a benefit from proceeds derived from a fraudulent insurance act;
(4)
Intentionally, knowingly, or recklessly devises a scheme or artifice to obtain fees for professional services, or anything of value by means of false or fraudulent pretenses, representations, promises, or material omissions;
(5)
Knowingly employs, uses, or acts as a runner, as defined in U.C.A. 1953, § 31A-31-102, for the purpose of committing a fraudulent insurance act;
(6)
Knowingly assists, abets, solicits, or conspires with another to commit a fraudulent insurance act;
(7)
Knowingly supplies false or fraudulent material information in any document or statement required by the department of insurance; or
(8)
Knowingly fails to forward a premium to an insurer in violation of U.C.A. 1953, § 31A-23a-411.1.
(b)
A violation of subsection (a)(1)a of this section is a Class A misdemeanor.
(1)
A violation of subsection (a)(1)b of this section or subsections (a)(2) through (8) of this section is punishable as in the manner prescribed by U.C.A. 1953, § 76-10-1801 for communication fraud for property of like value.
(2)
A violation of subsection (a)(1)c of this section:
a.
Is a Class A misdemeanor if the value of the loss is less than $1,500.00 or unable to be determined; or
b.
If the value of the loss is $1,500.00 or more, is punishable as in the manner prescribed by U.C.A. 1953, § 76-10-1801 for communication fraud for property of like value.
(c)
A corporation or association is guilty of the offense of insurance fraud under the same conditions as those set forth in U.C.A, 1953, § 76-2-204.
(d)
The determination of the degree of any offense under subsection (a)(1)b of this section and subsections (a)(2) through (8) of this section shall be measured by the total value of all property, money, or other things obtained or sought to be obtained by the fraudulent insurance act or acts described in subsection (a)(1)b of this section and subsections (a)(2) through (8) of this section.
(Code 1981, § 13-650-21)
State Law reference— Similar provisions, U.C.A. 1953, § 76-6-521.