(1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section. (2) An actor commits false statement to obtain or increase unemployment compensation if the actor, to obtain or increase a benefit or other payment under Title 35A, Chapter 4, Employment Security Act, or under the Unemployment Compensation Law of any state or of the federal government: (a) makes a false statement or representation, knowing the representation is false; or (b) knowingly fails to disclose a material fact. (3) (a) A violation of Subsection (2) is: (i) a class B misdemeanor if the value of the money obtained or sought to be obtained is less than $500; (ii) a class A misdemeanor if the value of the money obtained or sought to be obtained is or exceeds $500 but is less than $1,500; (iii) a third degree felony if the value of the money obtained or sought to be obtained is or exceeds $1,500 but is less than $5,000; or (iv) a second degree felony if the value of the money obtained or sought to be obtained is or exceeds $5,000. (b) The determination of the degree of an offense under Subsection (3)(a) is measured by the total value of all money obtained or sought to be obtained by the unlawful conduct.
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