Utah Code § 63G-6a-2404 — Utah Code / Title 63G / Chapter 63G-6a / § 63G-6a-2404
§ 63G-6a-2404. Unlawful conduct -- Exceptions -- Classification of offenses.
Status: in_force

(1) (a) It is unlawful for a person who has or is seeking a contract with or a grant from a public entity knowingly to give, or offer, promise, or pledge to give, a gratuity or kickback to: (i) the public entity; (ii) a procurement professional or contract administration professional; or (iii) an individual who the person knows is a family member of an individual described in Subsection (1)(a)(ii). (b) It is not unlawful for a public agency to give, offer, promise, or pledge to give a contribution to another public agency. (c) A person is not guilty of unlawful conduct under Subsection (1)(a) for: (i) giving or offering, promising, or pledging to give a contribution to a public entity, unless done with the intent to induce the public entity, in exchange, to: (A) award a contract or grant; (B) make a procurement decision; or (C) take an action relating to the administration of a contract or grant; or (ii) giving or offering, promising, or pledging to give something of value to an organization to which a procurement professional or contract administration professional belongs, unless done with the intent to induce a public entity, in exchange, to: (A) award a contract or grant; (B) make a procurement decision; or (C) take an action relating to the administration of a contract or grant. (2) (a) It is unlawful for a procurement professional or contract administration professional, or a family member of either, knowingly to receive or accept, offer or agree to receive or accept, or ask for a promise or pledge of, a gratuity or kickback from a person who has or is seeking a contract with or a grant from a public entity. (b) An individual is not guilty of unlawful conduct under Subsection (2)(a) for receiving or accepting, offering or agreeing to receive or accept, or asking for a promise or pledge of a contribution on behalf of a public entity, unless done with the intent that the public entity, in exchange: (i) award a contract or grant; (ii) make a procurement decision; or (iii) take an action relating to the administration of a contract or grant. (3) Notwithstanding Subsections (1) and (2), it is not unlawful for a person to give or receive, offer to give or receive, or promise or pledge to give or ask for a promise or pledge of, a hospitality gift, if: (a) the total value of the hospitality gift is less than $10; and (b) the aggregate value of all hospitality gifts from the person to the recipient in a calendar year is less than $50. (4) Notwithstanding Subsections (1) and (2), as part of a standard procurement process conducted by an institution of higher education described in Section 53H-1-102: (a) the institution or an institution employee acting on the institution's behalf may: (i) request a contribution, sponsorship, or other offering for the institution's benefit in the institution's solicitation; or (ii) consider and evaluate, as part of a solicitation's evaluation criteria, a contribution, sponsorship, or other value-added offering offered in a vendor's solicitation response; and (b) in response to a solicitation that requests a contribution, sponsorship, or other offering for the institutions benefit, a vendor may offer a contribution, sponsorship, or other offering for the institution's benefit in the vendor's solicitation response. (5) A person who engages in the conduct made unlawful under Subsection (1) or (2) is guilty of: (a) a second degree felony, if the total value of the gratuity or kickback is $1,000 or more; (b) a third degree felony, if the total value of the gratuity or kickback is $250 or more but less than $1,000; (c) a class A misdemeanor, if the total value of the gratuity or kickback is $100 or more but less than $250; and (d) a class B misdemeanor, if the total value of the gratuity or kickback is less than $100. (6) The criminal sanctions described in Subsection (5) do not preclude the imposition of other penalties for conduct made unlawful under this part, in accordance with other applicable law, including: (a) dismissal from employment or other disciplinary action; (b) for an elected officer listed in Section 77-6-1, removal from office as provided in Title 77, Chapter 6, Removal by Judicial Proceedings; (c) requiring the public officer or employee to return the value of the unlawful gratuity or kickback; and (d) any other civil penalty provided by law.