(1) Terms defined in Sections 76-1-101.5, 76-17-101, and 76-17-301 apply to this section.
(2) An actor commits 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.