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.