13-2310. Fraudulent schemes and artifices;
classification; definition
A. Any person who, pursuant to a scheme or artifice to defraud, knowingly obtains
any benefit by means of false or fraudulent pretenses, representations, promises or
material omissions is guilty of a class 2 felony.
B. Reliance on the part of any person shall not be a necessary element of the
offense described in subsection A of this section.
C. A person who is convicted of a violation of this section that involved a benefit
with a value of one hundred thousand dollars or more is not eligible for suspension of
sentence, probation, pardon or release from confinement on any basis except pursuant to
section 31-233, subsection A or B until the sentence imposed by the court has been
served, the person is eligible for release pursuant to section 41-1604.07 or the sentence
is commuted.
D. The state shall apply the aggregation prescribed by section 13-1801, subsection
B to violations of this section in determining the applicable punishment.
E. As used in this section, "scheme or artifice to defraud" includes a scheme or
artifice to deprive a person of the intangible right of honest services.
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