{"data":{"id":"us-ut/utah-code-63g-6a-2404","jurisdiction":"us-ut","citation":"Utah Code § 63G-6a-2404","heading":"Unlawful conduct -- Exceptions -- Classification of offenses.","body":"(1)\n(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:\n(i) the public entity;\n(ii) a procurement professional or contract administration professional; or\n(iii) an individual who the person knows is a family member of an individual described in Subsection (1)(a)(ii).\n(b) It is not unlawful for a public agency to give, offer, promise, or pledge to give a contribution to another public agency.\n(c) A person is not guilty of unlawful conduct under Subsection (1)(a) for:\n(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:\n(A) award a contract or grant;\n(B) make a procurement decision; or\n(C) take an action relating to the administration of a contract or grant; or\n(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:\n(A) award a contract or grant;\n(B) make a procurement decision; or\n(C) take an action relating to the administration of a contract or grant.\n(2)\n(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.\n(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:\n(i) award a contract or grant;\n(ii) make a procurement decision; or\n(iii) take an action relating to the administration of a contract or grant.\n(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:\n(a) the total value of the hospitality gift is less than $10; and\n(b) the aggregate value of all hospitality gifts from the person to the recipient in a calendar year is less than $50.\n(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:\n(a) the institution or an institution employee acting on the institution's behalf may:\n(i) request a contribution, sponsorship, or other offering for the institution's benefit in the institution's solicitation; or\n(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\n(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.\n(5) A person who engages in the conduct made unlawful under Subsection (1) or (2) is guilty of:\n(a) a second degree felony, if the total value of the gratuity or kickback is $1,000 or more;\n(b) a third degree felony, if the total value of the gratuity or kickback is $250 or more but less than $1,000;\n(c) a class A misdemeanor, if the total value of the gratuity or kickback is $100 or more but less than $250; and\n(d) a class B misdemeanor, if the total value of the gratuity or kickback is less than $100.\n(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:\n(a) dismissal from employment or other disciplinary action;\n(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;\n(c) requiring the public officer or employee to return the value of the unlawful gratuity or kickback; and\n(d) any other civil penalty provided by law.","path":["Title 63G General Government","Chapter 63G-6a Utah Procurement Code","Part 63G-6a-24 Unlawful Conduct and Penalties"],"source_url":"https://le.utah.gov/xcode/Title63G/Chapter6a/63G-6a-S2404.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:34Z","sha256":"a8398a412d2cd1a145afcc16c14ec1a682be9ed4fca1f4be1b57783e832ed4d7","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-63g-6a-2403","next":"us-ut/utah-code-63g-6a-2404.3"},"notice":"GroundRules: Original legal text. Not legal advice."}