76-6a-103. Participating in pyramid scheme -- Violation as deceptive consumer sales practice -- Prosecution of civil violation. (1) Terms defined in Section 76-1-101.5 apply to this section. (2) An actor commits the offense of participating in a pyramid scheme if the actor participates in a pyramid scheme only by receiving compensation for the introduction of another person into the pyramid scheme rather than from the sale of goods, services, or other property. (3) A violation of Subsection (2) is a class B misdemeanor. (4) It is not a defense to an action brought under this section that: (a) the sales device or plan limits the number of persons who may be introduced into the sales device or plan; (b) the sales device or plan includes additional conditions affecting eligibility for introduction into the sales device or plan or when compensation may be received from the sales device or plan; or (c) a person receives property or services in addition to the compensation or right to receive compensation in connection with a pyramid scheme. (5) The appropriate county attorney or district attorney has primary responsibility for investigating and prosecuting a criminal violation of this section. (6) (a) A violation under this section constitutes a violation of Section 13-11-4. (b) A criminal conviction under this section is prima facie evidence of a violation of Section 13-11-4. (c) In addition to prosecution under this section, a violation of this section shall be civilly investigated and prosecuted as prescribed by Title 13, Chapter 11, Utah Consumer Sales Practices Act.
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