(1) (a) Except as provided in Subsection (1)(b) the culpable mental state required for a criminal violation of this part is knowingly, intentionally, or recklessly as defined in Section 76-2-103. (b) The culpable mental state required for a criminal violation of this part for kickbacks and bribes under Section 26B-3-1103 is knowingly and intentionally as defined in Section 76-2-103. (2) The punishment for a criminal violation of any provision of this part, except as provided under Section 26B-3-1104, is determined by the cumulative value of the funds or other benefits received or claimed in the commission of all violations of a similar nature, and not by each separate violation. (3) Punishment for criminal violation of this part, except as provided under Section 26B-3-1104, is: (a) a second degree felony if the value of the property or service is or exceeds $5,000; (b) a third degree felony if the value of the property or service is or exceeds $1,500 but is less than $5,000; (c) a class A misdemeanor if the value of the property or service is or exceeds $500 but is less than $1,500; or (d) a class B misdemeanor if the value of the property or service is less than $500. Renumbered and Amended by Chapter 306, 2023 General Session
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