Public Assistance Fraud Amendments

26
76-8-1203.3
76-8-1203.9
76-17-401
0
Public Assistance Fraud Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ryan D. Wilcox
Senate Sponsor: Brady Brammer
LONG TITLE
General Description:
This bill concerns public assistance fraud.
Highlighted Provisions:
This bill:
amends certain criminal provisions concerning obtaining or using public assistance;
creates the offense of public assistance fraud by a person facilitating an inaccurate public
assistance application;
adds the newly created offense to the list of predicate offenses for a pattern of unlawful
activity; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-8-1203.3
, as enacted by Laws of Utah 2024, Chapter 96
76-17-401
, as renumbered and amended by Laws of Utah 2025, Chapter 173
ENACTS:
76-8-1203.9
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
76-8-1203.3
is amended to read:
76-8-1203.3
. Public assistance fraud relating to obtaining or using public
assistance.
(1)
(a)
As used in this section, "SNAP benefit" means the same as that term is defined in
Section
35A-1-102
.
(b)
Terms defined in Sections
76-1-101.5
,
76-8-101
, and
76-8-1201
apply to this section.
(2)
An actor commits public assistance fraud
by a recipient of
relating to obtaining or using

public assistance if the actor:
(a)
(i)
except as provided in Subsection
(2)(b)
, is receiving public assistance
administered by a state agency; and
(ii)
intentionally, knowingly, or recklessly fails to disclose to the state agency
administering the public assistance to the actor of a change of a material fact
required to be disclosed under Subsection
76-8-1203(1)
within 10 days after the
day on which the change occurred;
(b)
(i)
is receiving public assistance from the Department of Workforce Services or
the Department of Health and Human Services; and
(ii)
at the time of a review or recertification, whichever comes first, intentionally,
knowingly, or recklessly fails to disclose a change of a material fact required to be
disclosed under Subsection
76-8-1203(1)
;
(c)
in a manner not allowed by law, intentionally, knowingly, or recklessly uses,
transfers, acquires, traffics in, falsifies, or possesses:
(i)
SNAP benefits;
(ii)
a SNAP benefit identification card;
(iii)
a certificate of eligibility for medical services;
(iv)
a Medicaid identification card;
(v)
a fund transfer instrument;
(vi)
a payment instrument; or
(vii)
a public assistance warrant;
(d)
(i)
is receiving public assistance;
(ii)
acquires income or resources in excess of the amount the actor previously
reported to the state agency administering the public assistance to the actor; and
(iii)
fails to notify the state agency to which the actor previously reported within 10
days after the day on which the actor acquired the excess income or resources;
(e)
(i)
is a client or provider;
(ii)
fails to disclose a material fact required to be disclosed under Subsection
76-8-1203(1)
or notify a state agency under Subsection
76-8-1203(2)
; and
(ii)
(iii)
(A)
intends to obtain or help another individual obtain an overpayment; or
(B)
obtains an overpayment, unauthorized payment, or benefit; or
(f)
receives an unauthorized payment or benefit as a result of unlawful acts described in
this section, Section
76-8-1203.3
76-8-1203.1
, Section
76-8-1203.5
, or Section
76-8-1203.7
.
(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)
a second degree felony if the value is or exceeds $5,000;
(b)
a third degree felony if the value is or exceeds $1,500 but is less than $5,000;
(c)
a class A misdemeanor if the value is or exceeds $500 but is less than $1,500; or
(d)
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)
(a)
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.
(b)
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 Section
35A-1-503
apply to a prosecution brought under this section.
(7)
Incidents of trafficking in SNAP benefits that occur within a six-month period,
committed by an individual or coconspirators, are deemed to be a related series of facts
and circumstances regardless of whether the transactions are conducted with a variety of
unrelated parties.
Section 2. Section
76-8-1203.9
is enacted to read:
76-8-1203.9
. Public assistance fraud by a person facilitating an inaccurate public
assistance application.
(1)
Terms defined in Sections
76-1-101.5
,
76-8-101
, and
76-8-1201
apply to this section.
(2)
An actor commits public assistance fraud by a person facilitating an inaccurate public
assistance application if the actor:
(a)
assists an applicant with the completion of a public assistance application for the
applicant;
(b)
knowingly:
(i)
includes, or instructs the applicant to include, false information relating to a
material fact required to be disclosed in the applicant's application under
Subsection
76-8-1203(1)
; or
(ii)
does not disclose, or instructs the applicant to not disclose, a material fact
required to be disclosed in the applicant's application under Subsection
76-8-1203(1)
; and
(c)
undertakes the action described in Subsection
(2)(b)
for the purpose of causing the
applicant for whom the application is being completed to receive public assistance to
which the actor knows the applicant would otherwise not be entitled.
(3)
Subject to Subsection
(4)
, a violation of Subsection
(2)
is, based on the value of
payments, assistance, or other benefits received, misappropriated, claimed, or applied:
(a)
a second degree felony if the value is or exceeds $5,000;
(b)
a third degree felony if the value is or exceeds $1,500 but is less than $5,000;
(c)
a class A misdemeanor if the value is or exceeds $500 but is less than $1,500; or
(d)
a class B misdemeanor if the value is less than $500.
(4)
(a)
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 a violation of this section
committed by the actor as part of the same facts and circumstances or a related series
of facts and circumstances.
(b)
The value of a benefit received by an individual is the ordinary or usual charge for
similar benefits in the private sector.
(5)
The provisions of Section
35A-1-503
apply to a prosecution brought under this section.
Section 3. Section
76-17-401
is amended to read:
76-17-401
. Definitions.
As used in this part:
(1)
(a)
"Enterprise" means an individual, sole proprietorship, partnership, corporation,
business trust, association, or other legal entity, and a union or group of individuals
associated in fact although not a legal entity.
(b)
"Enterprise" includes illicit as well as licit entities.
(2)
"Pattern of unlawful activity" means engaging in conduct that constitutes the
commission of at least three episodes of unlawful activity, which episodes are not
isolated, but have the same or similar purposes, results, participants, victims, or methods
of commission, or otherwise are interrelated by distinguishing characteristics. Taken
together, the episodes shall demonstrate continuing unlawful conduct and be related
either to each other or to the enterprise. At least one of the episodes comprising a
pattern of unlawful activity shall have occurred after July 31, 1981. The most recent act
constituting part of a pattern of unlawful activity as defined by this part shall have
occurred within five years of the commission of the next preceding act alleged as part of
the pattern.
(3)
"Person" includes an individual or entity capable of holding a legal or beneficial interest
in property, including state, county, and local governmental entities.
(4)
"Unlawful activity" means to directly engage in conduct or to solicit, request, command,
encourage, or intentionally aid another person to engage in conduct that would constitute
an offense described by the following crimes or categories of crimes, or to attempt or
conspire to engage in an act that would constitute any of those offenses, regardless of
whether the act is in fact charged or indicted by an authority or is classified as a
misdemeanor or a felony:
(a)
an act prohibited by the criminal provisions under Title 13, Chapter 10, Unauthorized
Recording Practices Act;
(b)
an act prohibited by the criminal provisions under Title 19, Environmental Quality
Code, Sections
19-1-101
through
19-7-109
;
(c)
taking, destroying, or possessing wildlife or parts of wildlife for the primary purpose
of sale, trade, or other pecuniary gain under Title 23A, Wildlife Resources Act, or
Section
23A-5-311
;
(d)
false claims for medical benefits, kickbacks, or other acts prohibited under Title 26B,
Chapter 3, Part 11, Utah False Claims Act, Sections
26B-3-1101
through
26B-3-1112
;
(e)
an act prohibited by the criminal provisions under Title 32B, Chapter 4, Criminal
Offenses and Procedure Act;
(f)
unlawful marking of pistol or revolver under Section
53-5a-105
;
(g)
alteration of number or mark on pistol or revolver under Section
53-5a-106
;
(h)
an act prohibited by the criminal provisions under Title 57, Chapter 11, Utah
Uniform Land Sales Practices Act;
(i)
an act prohibited by the criminal provisions under Title 58, Chapter 37, Utah
Controlled Substances Act, or Title 58, Chapter 37b, Imitation Controlled Substances
Act, Title 58, Chapter 37c, Utah Controlled Substance Precursor Act, or Title 58,
Chapter 37d, Clandestine Drug Lab Act;
(j)
an act prohibited by the criminal provisions under Title 61, Chapter 1, Utah Uniform
Securities Act;
(k)
an act prohibited by the criminal provisions under Title 63G, Chapter 6a, Utah
Procurement Code;
(l)
assault under Section
76-5-102
;
(m)
aggravated assault under Section
76-5-103
;
(n)
a threat of terrorism under Section
76-5-107.3
;
(o)
a criminal homicide offense under Section
76-5-201
;
(p)
kidnapping under Section
76-5-301
;
(q)
aggravated kidnapping under Section
76-5-302
;
(r)
human trafficking for labor under Section
76-5-308
;
(s)
human trafficking for sexual exploitation under Section
76-5-308.1
;
(t)
human smuggling under Section
76-5-308.3
;
(u)
human trafficking of a child under Section

76-5-308.5
;
(v)
benefiting from trafficking and human smuggling under Section
76-5-309
;
(w)
aggravated human trafficking under Section
76-5-310
;
(x)
sexual exploitation of a minor under Section
76-5b-201
;
(y)
aggravated sexual exploitation of a minor under Section
76-5b-201.1
;
(z)
sexual extortion under Section
76-5b-204
;
(aa)
arson under Section
76-6-102
;
(bb)
aggravated arson under Section

76-6-103
;
(cc)
causing a catastrophe under Section
76-6-105
;
(dd)
burglary under Section
76-6-202
;
(ee)
aggravated burglary under Section
76-6-203
;
(ff)
burglary of a vehicle under Section
76-6-204
;
(gg)
manufacture or possession of an instrument for burglary or theft under Section
76-6-205
;
(hh)
robbery under Section
76-6-301
;
(ii)
aggravated robbery under Section
76-6-302
;
(jj)
theft under Section
76-6-404
;
(kk)
theft by deception under Section
76-6-405
;
(ll)
theft by extortion under Section
76-6-406
;
(mm)
receiving stolen property under Section
76-6-408
;
(nn)
theft of services under Section
76-6-409
;
(oo)
forgery under Section
76-6-501
;
(pp)
unlawful use of financial transaction card under Section
76-6-506.2
;
(qq)
unlawful acquisition, possession, or transfer of financial transaction card under
Section
76-6-506.3
;
(rr)
financial transaction card offenses under Section
76-6-506.6
;
(ss)
deceptive business practices under Section
76-6-507
;
(tt)
bribery or receiving bribe by person in the business of selection, appraisal, or
criticism of goods under Section
76-6-508
;
(uu)
bribery of a labor official under Section
76-6-509
;
(vv)
defrauding creditors under Section
76-6-511
;
(ww)
acceptance of deposit by insolvent financial institution under Section
76-6-512
;
(xx)
unlawful dealing with property by fiduciary under Section
76-6-513
;
(yy)
unlawful influence of a contest under Section
76-6-514
;
(zz)
making a false credit report under Section
76-6-517
;
(aaa)
criminal simulation under Section
76-6-518
;
(bbb)
criminal usury under Section
76-6-520
;
(ccc)
insurance fraud under Section
76-6-521
;
(ddd)
retail theft under Section
76-6-602
;
(eee)
computer crimes under Section
76-6-703
;
(fff)
identity fraud under Section
76-6-1102
;
(ggg)
mortgage fraud under Section
76-6-1203
;
(hhh)
sale of a child under Section
76-7-203
;
(iii)
bribery or offering a bribe under Section
76-8-103
;
(jjj)
threat to influence official or political action under Section
76-8-104
;
(kkk)
receiving bribe or bribery by public servant under Section
76-8-105
;
(lll)
receiving bribe for endorsement of person as a public servant under Section
76-8-106
;
(mmm)
bribery for endorsement of person as public servant under Section
76-8-106.1
;
(nnn)
official misconduct based on unauthorized act or failure of duty under Section
76-8-201
;
(ooo)
official misconduct concerning inside information under Section
76-8-202
;
(ppp)
obstruction of justice in a criminal investigation or proceeding under Section
76-8-306
;
(qqq)
acceptance of bribe or bribery to prevent criminal prosecution under Section
76-8-308
;
(rrr)
harboring or concealing offender who has escaped from official custody under
Section
76-8-309.2
;
(sss)
making a false or inconsistent material statement under Section
76-8-502
;
(ttt)
making a false or inconsistent statement under Section
76-8-503
;
(uuu)
making a written false statement under Section
76-8-504
;
(vvv)
tampering with a witness under Section
76-8-508
;
(www)
retaliation against a witness, victim, or informant under Section
76-8-508.3
;
(xxx)
receiving or soliciting a bribe as a witness under Section
76-8-508.7
;
(yyy)
extortion or bribery to dismiss a criminal proceeding under Section
76-8-509
;
(zzz)
tampering with evidence under Section
76-8-510.5
;
(aaaa)
falsification or alteration of a government record under Section
76-8-511
, if the
record is a record described in Title 20A, Election Code, or Title 36, Chapter 11,
Lobbyist Disclosure and Regulation Act;
(bbbb)
public assistance fraud by an applicant for public assistance under Section
76-8-1203.1
;
(cccc)
public assistance fraud
by a recipient of
relating to obtaining or using
public
assistance under Section
76-8-1203.3
;
(dddd)
public assistance fraud by a provider under Section
76-8-1203.5
;
(eeee)
fraudulently misappropriating public assistance funds under Section
76-8-1203.7
;
(ffff)
public assistance fraud by a person facilitating an inaccurate public assistance
application under Section
76-8-1203.9
;
(ffff)
(gggg)
false statement to obtain or increase unemployment compensation under
Section
76-8-1301
;
(gggg)
(hhhh)
false statement to prevent or reduce unemployment compensation or
liability under Section
76-8-1302
;
(hhhh)
(iiii)
unlawful failure to comply with Employment Security Act requirements
under Section
76-8-1303
;
(iiii)
(jjjj)
unlawful use or disclosure of employment information under Section
76-8-1304
;
(jjjj)
(kkkk)
intentionally or knowingly causing one animal to fight with another under
Subsection
76-13-202(2)(d)
or
(3)
, or Section
76-13-205
or
76-13-206
concerning
dog fighting;
(kkkk)
(llll)
soliciting, recruiting, enticing, or intimidating a minor to join a criminal
street gang under Section
76-9-803
;
(llll)
(mmmm)
aggravated soliciting, recruiting, enticing, or intimidating a minor to join
a criminal street gang under Section
76-9-803.1
;
(mmmm)
(nnnn)
intimidating a minor to remain in a criminal street gang under Section
76-9-803.2
;
(nnnn)
(oooo)
aggravated intimidating a minor to remain in a criminal street gang under
Section
76-9-803.3
;
(oooo)
(pppp)
unlawful conduct involving an explosive, chemical, or incendiary device
under Section
76-15-210
;
(pppp)
(qqqq)
unlawful conduct involving an explosive, chemical, or incendiary part
under Section
76-15-211
;
(qqqq)
(rrrr)
unlawful delivery or mailing of an explosive, chemical, or incendiary
device under Section
76-15-209
;
(rrrr)
(ssss)
forging or counterfeiting trademarks, trade name, or trade device under
Section
76-16-302
;
(ssss)
(tttt)
selling goods under counterfeited trademark, trade name, or trade devices
under Section
76-16-303
;
(tttt)
(uuuu)
sales in containers bearing registered trademark of substituted articles
under Section
76-16-304
;
(uuuu)
(vvvv)
selling or dealing with article bearing registered trademark or service
mark with intent to defraud under Section
76-16-306
;
(vvvv)
(wwww)
participating in gambling under Section
76-9-1402
;
(wwww)
(xxxx)
permitting gambling under Section
76-9-1403
;
(xxxx)
(yyyy)
online gambling prohibition under Section
76-9-1404
;
(yyyy)
(zzzz)
gambling promotion under Section
76-9-1405
;
(zzzz)
(aaaaa)
gambling fraud under Section
76-9-1406
;
(aaaaa)
(bbbbb)
possessing a gambling device or record under Section
76-9-1407
;
(bbbbb)
(ccccc)
obtaining a benefit from a confidence game under Section
76-9-1410
;
(ccccc)
(ddddd)
distributing pornographic material under Section
76-5c-202
;
(ddddd)
(eeeee)
aiding or abetting a minor in distributing pornographic material under
Section
76-5c-203
;
(eeeee)
(fffff)
inducing acceptance of pornographic material under Section
76-5c-204
;
(fffff)
(ggggg)
distributing material harmful to minors under Section
76-5c-205
;
(ggggg)
(hhhhh)
aiding or abetting a minor in distributing material harmful to minors
under Section
76-5c-206
;
(hhhhh)
(iiiii)
distribution of a pornographic file for exhibition under Section
76-5c-305
;
(iiiii)
(jjjjj)
indecent public display in the presence of a minor under Section
76-5c-207
;
(jjjjj)
(kkkkk)
engaging in prostitution under Section
76-5d-202
;
(kkkkk)
(lllll)
aiding prostitution under Section
76-5d-206
;
(lllll)
(mmmmm)
exploiting prostitution under Section
76-5d-207
;
(mmmmm)
(nnnnn)
aggravated exploitation of prostitution under Section
76-5d-208
;
(nnnnn)
(ooooo)
communications fraud under Section
76-6-525
;
(ooooo)
(ppppp)
possession of a dangerous weapon with criminal intent under Section
76-11-208
;
(ppppp)
(qqqqq)
an act prohibited by the criminal provisions of Chapter 9, Part 16,
Money Laundering and Currency Transaction Reporting;
(qqqqq)
(rrrrr)
vehicle compartment for contraband under Section
76-9-1902
or
76-9-1903
;
(rrrrr)
(sssss)
an act prohibited by the criminal provisions of the laws governing
taxation in this state; or
(sssss)
(ttttt)
an act illegal under the laws of the United States and enumerated in 18
U.S.C. Secs. 1961(1)(B), (C), and (D).
Section 4.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-10-26 8:56 AM