33-18-401. False application, claim, and proof of loss -- criminal penalty. (1) An insurance producer, examining physician, applicant, or other person who knowingly makes a false or fraudulent statement or representation in or with reference to an application for insurance is guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than $250 or more than $1,000 or by imprisonment in the county jail for not less than 3 months or more than 6 months, or both fine and imprisonment at the discretion of the court.
     (2) (a) A person who, for the purpose of obtaining any money or benefit, knowingly presents or causes to be presented a false or fraudulent claim or any proof in support of a false or fraudulent claim for the payment of the loss upon a contract of insurance or prepares, makes, or subscribes a false or fraudulent account, certificate, affidavit or proof of loss, or other document or writing, with intent that the same may be presented or used in support of a false or fraudulent claim, is guilty of theft under 45-6-301. Either a county attorney or the attorney general may prosecute the person.
     (b) As used in subsection (2)(a), "person" includes but is not limited to an insurance producer, examining physician, or applicant.

     History: En. Sec. 224, Ch. 286, L. 1959; R.C.M. 1947, 40-3522; amd. Sec. 60, Ch. 713, L. 1989; amd. Sec. 3, Ch. 562, L. 2005.