(1) The following individuals are not eligible to receive a compensation award: (a) an individual who does not meet all of the provisions set forth in Section 75E-5-305; (b) the offender; (c) an accomplice of the offender; (d) an individual whose receipt of a compensation award would unjustly benefit the offender, accomplice, or another individual reasonably suspected of participating in the offense; (e) the victim of a motor vehicle injury who was the owner or operator of the motor vehicle and was not at the time of the injury in compliance with the state motor vehicle insurance laws; (f) a convicted offender serving a sentence of imprisonment in any prison or jail or residing in any other correctional facility; (g) an individual who is on probation or parole if the circumstances surrounding the offense of which the individual is a victim is a violation of the individual's probation or parole; (h) an individual whose injuries are the result of criminally injurious conduct that occurred in a prison, jail, or another correctional facility while the individual was incarcerated; and (i) an individual who: (i) submits a fraudulent claim; or (ii) misrepresents a material fact in requesting a compensation award. (2) (a) An individual may not knowingly: (i) submit a fraudulent claim; or (ii) misrepresent a material fact in requesting a compensation award. (b) A violation of Subsection (2)(a) is: (i) a class B misdemeanor if: (A) the individual who violates Subsection (2)(a) does not receive a compensation award; or (B) the value of the compensation award received is less than $500; (ii) a class A misdemeanor if the value of the compensation award received is or exceeds $500 but is less than $1,500; (iii) a third degree felony if the value of the compensation award received is or exceeds $1,500 but is less than $5,000; and (iv) a second degree felony if the value of the compensation award received is or exceeds $5,000. (3) The attorney general may prosecute violations under this section or may make arrangements with county or city attorneys for the prosecution of violations under this section when the attorney general cannot conveniently prosecute. (4) (a) A claimant who is not eligible to receive a compensation award under Subsection (1) but receives a compensation award shall reimburse the fund for the amount of the compensation award. (b) The office may bring a civil action against a victim who does not reimburse the fund for the amount of the compensation award in accordance with Subsection (4)(a). Renumbered and Amended by Chapter 291, 2026 General Session
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