reglab/statecodes huggingface dataset:
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 5 - Fraud › Section 504 - Tampering with records.

Effective 5/3/2023
76-6-504.
Tampering with records.
(1)
(a) As used in this section, "writing" means the same as that term is defined in Section 76-6-501.
(b) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits tampering with records if the actor:
(a) having no privilege to do so, knowingly falsifies, destroys, removes, or conceals any writing, other than the writings enumerated in Section 76-6-503.5 for which the law provides public recording or any record, public or private; and
(b) executes an action described in Subsection (1)(a) with intent to:
(i) deceive or injure any person; or
(ii) conceal any wrongdoing.
(3) A violation of Subsection (2) is a class B misdemeanor.
(4) This section may not be construed to impose criminal or civil liability on any law enforcement officer acting within the scope of a criminal investigation.
(5) The forfeiture of property under this section, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be conducted in accordance with Title 77, Chapter 11a, Seizure of Property and Contraband, through Chapter 11c, Retention of Evidence.
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 5 - Fraud › Section 505 - Issuing a bad check or draft -- Presumption.

Effective 5/3/2023
76-6-505.
Issuing a bad check or draft -- Presumption.
(1) Terms defined in Section 76-1-101.5 apply to this section.
(2)
(a)
(i) An actor commits issuing a bad check or draft if:
(A) the actor issues or passes a check or draft for the payment of money, for the purpose of obtaining from any person, firm, partnership, or corporation, any money, property, or other thing of value or paying for any services, wages, salary, labor, or rent;
(B) the actor knows the check or draft will not be paid by the drawee; and
(C) payment is refused by the drawee.
(ii) For purposes of this Subsection (2)(a), an actor who issues a check or draft for which payment is refused by the drawee is presumed to know the check or draft would not be paid if the actor had no account with the drawee at the time of issue.
(b) An actor commits issuing a bad check or draft if:
(i) the actor issues or passes a check or draft for:
(A) the payment of money, for the purpose of obtaining from any person, firm, partnership, or corporation, any money, property, or other thing of value; or
(B) paying for any services, wages, salary, labor, or rent;
(ii) payment of the check or draft is legally refused by the drawee; and
(iii) the actor fails to make good and actual payment to the payee in the amount of the refused check or draft within 14 days of the actor receiving actual notice of the check or draft's nonpayment.
(3) A violation of Subsection (2)(a) or (b) is punished as follows:
(a) if the check or draft or series of checks or drafts made or drawn in this state within a period not exceeding six months amounts to a sum that is less than $500, the offense is a class B misdemeanor;
(b) if the check or draft or checks or drafts made or drawn in this state within a period not exceeding six months amounts to a sum that is or exceeds $500 but is less than $1,500, the offense is a class A misdemeanor;
(c) if the check or draft or checks or drafts made or drawn in this state within a period not exceeding six months amounts to a sum that is or exceeds $1,500 but is less than $5,000, the offense is a third degree felony; or
(d) if the check or draft or checks or drafts made or drawn in this state within a period not exceeding six months amounts to a sum that is or exceeds $5,000, the offense is a second degree felony.
(4) This section may not be construed to impose criminal or civil liability on any law enforcement officer acting within the scope of a criminal investigation.
(5) The forfeiture of property under this section, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be conducted in accordance with Title 77, Chapter 11a, Seizure of Property and Contraband, through Chapter 11c, Retention of Evidence.
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 5 - Fraud › Section 506 - Financial transaction card offenses -- Definitions.

Effective 5/3/2023
76-6-506.
Financial transaction card offenses -- Definitions.
As used in Sections 76-6-506.2, 76-6-506.3, 76-6-506.6, 76-6-506.8, and 76-6-506.9:
(1) "Authorized credit card merchant" means a person who is authorized by an issuer to furnish money, goods, services, or anything else of value upon presentation of a financial transaction card by a card holder and to present valid credit card sales drafts to the issuer for payment.
(2) "Automated banking device" means any machine which, when properly activated by a financial transaction card or a personal identification code, may be used for any of the purposes for which a financial transaction card may be used.
(3) "Card holder" means any person or organization named on the face of a financial transaction card to whom or for whose benefit a financial transaction card is issued.
(4) "Credit card sales draft" means any sales slip, draft, or other written or electronic record of a sale of money, goods, services, or anything else of value made or purported to be made to or at the request of a card holder with a financial transaction card, financial transaction card credit number, or personal identification code, whether the record of the sale or purported sale is evidenced by a sales draft, voucher, or other similar document in writing or electronically recorded and transmitted.
(5) "Financial transaction card" means:
(a) any credit card, credit plate, bank services card, banking card, check guarantee card, debit card, telephone credit card, or any other card, issued by an issuer for the use of the card holder in obtaining money, goods, services, or anything else of value on credit, or in certifying or guaranteeing to a person or business the availability to the card holder of the funds on deposit that are equal to or greater than the amount necessary to honor a draft or check payable to the order of the person or business; or
(b) any instrument or device used in providing the card holder access to a demand or time deposit account for the purpose of making deposits of money or checks in the account, or withdrawing funds from the account in the form of money, money orders, travelers' checks, or other form representing value, or transferring funds from any demand or time deposit account to any credit card account in full or partial satisfaction of any outstanding balance existing in the credit card account.
(6) "Issuer" means a business organization or financial institution or its agent that issues a financial transaction card.
(7) "Personal identification code" means any numerical or alphabetical code assigned to a card holder by the issuer to permit the authorized electronic use of the holder's financial transaction card.
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 5 - Fraud › Section 506.2 - Unlawful use of financial transaction card.

Effective 5/3/2023
76-6-506.2.
Unlawful use of financial transaction card.
(1) Terms defined in Sections 76-1-101.5 and 76-6-506 apply to this section.
(2) An actor commits unlawful use of financial transaction card if the actor:
(a) knowingly uses a revoked, expired, stolen, or fraudulently obtained financial transaction card to obtain or attempt to obtain credit, goods, property, or services;
(b) knowingly, with the intent to defraud, uses a financial transaction card, credit number, personal identification code, or any other information contained on the card or in the account from which the card is issued, to obtain or attempt to obtain credit, goods, or services;
(c) knowingly, with the intent to defraud, uses a financial transaction card to willfully exceed an authorized credit line by $500 or more, or by 50% or more of the line of credit, whichever is greater; or
(d) knowingly, with the intent to defraud, presents or causes to be presented to the issuer or an authorized credit card merchant, for payment or collection, any credit card sales draft, if:
(i) the draft is counterfeit or fictitious;
(ii) the purported sales evidenced by any credit card sales draft did not take place;
(iii) the purported sale was not authorized by the card holder; or
(iv) the items or services purported to be sold as evidenced by the credit card sales drafts are not delivered or rendered to the card holder or person intended to receive them.
(3)
(a) A violation of Subsection (2) is:
(i) a class B misdemeanor if the value of the property, money, or thing obtained or sought to be obtained is less than $500;
(ii) a class A misdemeanor if the value of the property, money, or thing 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 property, money, or thing obtained or attempted 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 property, money, or thing obtained or attempted to be obtained is or exceeds $5,000.
(b) Multiple violations of Subsection (2)(a) may be aggregated into a single offense, and the degree of the offense is determined by the total value of all property, money, or things obtained or attempted to be obtained through the multiple violations.
(4) The court shall make appropriate findings in any prosecution under this section that the card holder did not commit the crime.
(5) This section may not be construed to impose criminal or civil liability on any law enforcement officer acting within the scope of a criminal investigation.
(6) The forfeiture of property under this section, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be conducted in accordance with Title 77, Chapter 11a, Seizure of Property and Contraband, through Chapter 11c, Retention of Evidence.
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 5 - Fraud › Section 506.3 - Unlawful acquisition, possession, or transfer of financial transaction card.

Effective 5/3/2023
76-6-506.3.
Unlawful acquisition, possession, or transfer of financial transaction card.
(1) Terms defined in Sections 76-1-101.5 and 76-6-506 apply to this section.
(2) An actor commits unlawful acquisition, possession, or transfer of a financial transaction card if the actor:
(a) under circumstances that do not constitute a violation of Subsection (2)(b):
(i) acquires a financial transaction card from another without the consent of the card holder or the issuer;
(ii) receives a financial transaction card with intent to use the financial transaction card in violation of Section 76-6-506.2;
(iii) sells or transfers a financial transaction card to a person with knowledge that the financial transaction card will be used in violation of Section 76-6-506.2;
(iv)
(A) acquires a financial transaction card that the individual knows was lost, mislaid, stolen, or delivered under a mistake as to the identity or address of the card holder; and
(B)
(I) retains possession with intent to use the financial transaction card in violation of Section 76-6-506.2; or
(II) sells or transfers the financial transaction card to a person with knowledge that the financial transaction card will be used in violation of Section 76-6-506.2; or
(v) possesses, sells, or transfers any information necessary for the use of a financial transaction card, including the credit number of the card, the expiration date of the card, or the personal identification code related to the card:
(A)
(I) without the consent of the card holder or the issuer; or
(II) with knowledge that the information has been acquired without consent of the card holder or the issuer; and
(B) with intent to use the information in violation of Section 76-6-506.2; or
(b) possesses, sells, or transfers any information necessary for the use of 100 or more financial transaction cards, including the credit number of a card, the expiration date of a card, or the personal identification code related to a card:
(i) with intent to use the information in violation of Section 76-6-506.2; or
(ii) with knowledge that the information will be used by another in violation of Section 76-6-506.2.
(3)
(a) A violation of Subsection (2)(a) is a third degree felony.
(b) A violation of Subsection (2)(b) is a second degree felony.
(4) This section may not be construed to impose criminal or civil liability on any law enforcement officer acting within the scope of a criminal investigation.
(5) The forfeiture of property under this section, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be conducted in accordance with Title 77, Chapter 11a, Seizure of Property and Contraband, through Chapter 11c, Retention of Evidence.
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 5 - Fraud › Section 506.6 - Financial transaction card offenses -- Unauthorized factoring of credit card sales drafts.

Effective 5/3/2023
76-6-506.6.
Financial transaction card offenses -- Unauthorized factoring of credit card sales drafts.
(1) Terms defined in Sections 76-1-101.5 and 76-6-506 apply to this section.
(2) An actor commits an unauthorized factoring of credit card sales draft if the actor acts:
(a) knowingly, with intent to defraud;
(b) without the express authorization of the issuer; and
(c) to employ, solicit, or otherwise cause an authorized credit card merchant, or for the authorized credit card merchant himself or herself, to present any credit card sales draft to the issuer:
(i) for payment pertaining to any sale or purported sale of goods or services; and
(ii) the sale or purported sale was not made by the authorized credit card merchant in the ordinary course of business.
(3)
(a) A violation of Subsection (2) is:
(i) a class B misdemeanor if the value of the property, money, or thing obtained or sought to be obtained is less than $500;
(ii) a class A misdemeanor if the value of the property, money, or thing 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 property, money, or thing obtained or attempted 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 property, money, or thing obtained or attempted to be obtained is or exceeds $5,000.
(b) Multiple violations of Subsection (2) may be aggregated into a single offense, and the degree of the offense is determined by the total value of all property, money, or things obtained or attempted to be obtained through the multiple violations.
(4) The court shall make appropriate findings in any prosecution under this section that the card holder did not commit the crime.
(5) This section may not be construed to impose criminal or civil liability on any law enforcement officer acting within the scope of a criminal investigation.
(6) The forfeiture of property under this section, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be conducted in accordance with Title 77, Chapter 11a, Seizure of Property and Contraband, through Chapter 11c, Retention of Evidence.
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 5 - Fraud › Section 506.8 - False application for financial transaction card.

Effective 5/3/2023
76-6-506.8.
False application for financial transaction card.
(1) Terms defined in Sections 76-1-101.5 and 76-6-506 apply to this section.
(2) An actor commits false application for a card if the actor:
(a) knowingly, with the intent to defraud:
(i) makes application for a financial transaction card to an issuer; and
(ii) makes or causes to be made a false statement or report of the actor's name, occupation, financial condition, assets, or personal identifying information; or
(b) willfully and substantially undervalues or understates any indebtedness for the purposes of influencing the issuer to issue the financial transaction card.
(3) A violation of Subsection (2) is:
(a) a class B misdemeanor if the value of the property, money, or thing obtained or sought to be obtained is less than $500;
(b) a class A misdemeanor if the value of the property, money, or thing obtained or sought to be obtained is or exceeds $500 but is less than $1,500;
(c) a third degree felony if the value of the property, money, or thing obtained or attempted to be obtained is or exceeds $1,500 but is less than $5,000; or
(d) a second degree felony if the value of the property, money, or thing obtained or attempted to be obtained is or exceeds $5,000.
(4) The court shall make appropriate findings in any prosecution under this section that the card holder did not commit the crime.
(5) This section may not be construed to impose criminal or civil liability on any law enforcement officer acting within the scope of a criminal investigation.
(6) The forfeiture of property under this section, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be conducted in accordance with Title 77, Chapter 11a, Seizure of Property and Contraband, through Chapter 11c, Retention of Evidence.
Enacted by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 5 - Fraud › Section 506.9 - Use of fraudulent financial transaction card.

Effective 5/3/2023
76-6-506.9.
Use of fraudulent financial transaction card.
(1) Terms defined in Sections 76-1-101.5 and 76-6-506 apply to this section.
(2) An actor commits fraudulent use of a financial transaction card if the actor knowingly uses a false, fictitious, altered, or counterfeit financial transaction card to obtain or attempt to obtain credit, goods, property, or services.
(3)
(a) A violation of Subsection (2) is:
(i) a class B misdemeanor if the value of the property, money, or thing obtained or sought to be obtained is less than $500;
(ii) a class A misdemeanor if the value of the property, money, or thing 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 property, money, or thing obtained or attempted 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 property, money, or thing obtained or attempted to be obtained is or exceeds $5,000.
(b) Multiple violations of Subsection (2) may be aggregated into a single offense, and the degree of the offense is determined by the total value of all property, money, or things obtained or attempted to be obtained through the multiple violations.
(4) The court shall make appropriate findings in any prosecution under this section that the card holder did not commit the crime.
(5) This section may not be construed to impose criminal or civil liability on any law enforcement officer acting within the scope of a criminal investigation.
(6) The forfeiture of property under this section, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be conducted in accordance with Title 77, Chapter 11a, Seizure of Property and Contraband, through Chapter 11c, Retention of Evidence.
Enacted by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 5 - Fraud › Section 507 - Deceptive business practices.

Effective 5/3/2023
76-6-507.
Deceptive business practices.
(1)
(a) As used in this section:
(i) "Adulterated" means varying from the standard of composition or quality prescribed, or pursuant to any statute providing criminal penalties for a variance, or set by established commercial usage.
(ii) "Mislabeled" means varying from the standard of truth or disclosure in labeling prescribed by or pursuant to any statute providing criminal penalties for a variance, or set by established commercial usage.
(b) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits deceptive business practices if the actor, in the course of business:
(a) uses or possesses for use a false weight or measure, or any other device for falsely determining or recording any quality or quantity;
(b) takes or attempts to take more than the represented quantity of any commodity or service when as buyer the actor furnishes the weight or measure; or
(c) sells, offers, or exposes for sale adulterated or mislabeled commodities.
(3) A violation of Subsection (2) is a class B misdemeanor.
(4) It is an affirmative defense to prosecution under this section that the defendant's conduct was not knowing or reckless.
(5) This section may not be construed to impose criminal or civil liability on any law enforcement officer acting within the scope of a criminal investigation.
(6) The forfeiture of property under this section, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be conducted in accordance with Title 77, Chapter 11a, Seizure of Property and Contraband, through Chapter 11c, Retention of Evidence.
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 5 - Fraud › Section 508 - Bribery of or receiving bribe by person in the business of selection, appraisal, or criticism of goods or services.

Effective 5/3/2023
76-6-508.
Bribery of or receiving bribe by person in the business of selection, appraisal, or criticism of goods or services.
(1) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits bribery or receiving a bribe if the actor:
(a) without the consent of the employer or principal, and contrary to the interests of the employer or principal:
(i) confers, offers, or agrees to confer upon the employee, agent, or fiduciary of an employer or principal any benefit with the purpose of influencing the conduct of the employee, agent, or fiduciary in relating to his employer's or principal's affairs; or
(ii) as an employee, agent, or fiduciary of an employer or principal, solicits, accepts, or agrees to accept any benefit from another upon an agreement or understanding that such benefit will influence the actor's conduct in relation to the actor's, employer's, or principal's affairs; or
(b)
(i) holds the actor's self out to the public as being engaged in the business of making disinterested selection, appraisal, or criticism of goods or services; and
(ii) solicits, accepts, or agrees to accept any benefit to influence the actor's selection, appraisal, or criticism.
(3) A violation of Subsection (2) is a class A misdemeanor.
(4) This section does not apply to inducements made or accepted solely for the purpose of causing a change in employment by an employee, agent, or fiduciary.
(5) This section may not be construed to impose criminal or civil liability on any law enforcement officer acting within the scope of a criminal investigation.
(6) The forfeiture of property under this section, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be conducted in accordance with Title 77, Chapter 11a, Seizure of Property and Contraband, through Chapter 11c, Retention of Evidence.
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 5 - Fraud › Section 509 - Bribery of a labor official.

Effective 5/3/2023
76-6-509.
Bribery of a labor official.
(1) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits bribery of a labor official if the actor:
(a) offers, confers, or agrees to confer upon a labor official any benefit; and
(b) has intent to influence the labor official in respect to any of the labor official's acts, decisions, or duties as a labor official.
(3) A violation of Subsection (2) is a third degree felony.
(4) This section may not be construed to impose criminal or civil liability on any law enforcement officer acting within the scope of a criminal investigation.
(5) The forfeiture of property under this section, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be conducted in accordance with Title 77, Chapter 11a, Seizure of Property and Contraband, through Chapter 11c, Retention of Evidence.
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 5 - Fraud › Section 510 - Receiving a bribe by a labor official.

Effective 5/3/2023
76-6-510.
Receiving a bribe by a labor official.
(1) Terms defined in Section 76-1-101.5 apply to this section.
(2) A labor official commits receiving a bribe by a labor official if the labor official solicits, accepts, or agrees to accept any benefit from another person upon an agreement or understanding that the benefit will influence the labor official in any of the labor official's acts, decisions, or duties as a labor official.
(3) A violation of Subsection (2) is a third degree felony.
(4) This section may not be construed to impose criminal or civil liability on any law enforcement officer acting within the scope of a criminal investigation.
(5) The forfeiture of property under this section, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be conducted in accordance with Title 77, Chapter 11a, Seizure of Property and Contraband, through Chapter 11c, Retention of Evidence.
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 5 - Fraud › Section 511 - Defrauding of creditors.

Effective 5/3/2023
76-6-511.
Defrauding of creditors.
(1) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits defrauding of creditors if the actor:
(a) destroys, removes, conceals, encumbers, transfers, or otherwise deals with property subject to a security interest with a purpose to hinder enforcement of that interest; or
(b) knowing that proceedings have been or are about to be instituted for the appointment of a person entitled to administer property for the benefit of creditors:
(i) destroys, removes, conceals, encumbers, transfers, or otherwise deals with any property with a purpose to defeat or obstruct the claim of any creditor, or otherwise to obstruct the operation of any law relating to administration of property for the benefit of creditors; or
(ii) presents to any creditor or to an assignee for the benefit of creditors, orally or in writing, any statement relating to the debtor's estate, knowing that a material part of such statement is false.
(3) A violation of Subsection (2) is a class A misdemeanor.
(4) This section may not be construed to impose criminal or civil liability on any law enforcement officer acting within the scope of a criminal investigation.
(5) The forfeiture of property under this section, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be conducted in accordance with Title 77, Chapter 11a, Seizure of Property and Contraband, through Chapter 11c, Retention of Evidence.
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 5 - Fraud › Section 512 - Acceptance of deposit by insolvent financial institution.

Effective 5/3/2023
76-6-512.
Acceptance of deposit by insolvent financial institution.
(1)
(a) As used in this section, "financial institution" means the same as that term is defined in Section 7-1-103.
(b) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits acceptance of a deposit by an insolvent financial institution if:
(a) as an officer, manager, or other person participating in the direction of a financial institution, as defined in Section 7-1-103, the actor receives or permits receipt of a deposit or other investment knowing that the institution is or is about to become unable, from any cause, to pay its obligations in the ordinary course of business; and
(b) the actor knows that the person making the payment to the institution is unaware of such present or prospective inability.
(3) A violation of Subsection (2) is a third degree felony.
(4) This section may not be construed to impose criminal or civil liability on any law enforcement officer acting within the scope of a criminal investigation.
(5) The forfeiture of property under this section, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be conducted in accordance with Title 77, Chapter 11a, Seizure of Property and Contraband, through Chapter 11c, Retention of Evidence.
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 5 - Fraud › Section 514 - Unlawful influence of a contest.

Effective 5/3/2023
76-6-514.
Unlawful influence of a contest.
(1) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits unlawful influence of a contest if the actor:
(a) with a purpose to influence any participant or prospective participant not to give the participant's or prospective participant's best efforts in a publicly exhibited contest, confers or offers or agrees to confer any benefit upon or threatens any injury to a participant or prospective participant;
(b) with a purpose to influence an official in a publicly exhibited contest to perform the official's duties improperly, confers or offers or agrees to confer any benefit upon or threatens any injury to such official;
(c) with a purpose to influence the outcome of a publicly exhibited contest, tampers with any person, animal, or thing contrary to the rules and usages purporting to govern the contest; or
(d) knowingly solicits, accepts, or agrees to accept any benefit, the giving of which would be criminal under Subsection (2)(a) or (b).
(3) A violation of Subsection (2) is a third degree felony.
(4) This section may not be construed to impose criminal or civil liability on any law enforcement officer acting within the scope of a criminal investigation.
(5) The forfeiture of property under this section, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be conducted in accordance with Title 77, Chapter 11a, Seizure of Property and Contraband, through Chapter 11c, Retention of Evidence.
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 5 - Fraud › Section 515 - Using or making slugs.

Effective 5/3/2023
76-6-515.
Using or making slugs.
(1)
(a) As used in this section:
(i) "Coin machine" means any mechanical or electronic device or receptacle designed to receive a coin or bill of a certain denomination, or a token made for the purpose, and, in return for the insertion or deposit thereof, automatically to offer, provide, assist in providing or permit the acquisition of property or a public or private service.
(ii) "Slug" means any object which, by virtue of its size, shape, or other quality, is capable of being inserted, deposited, or otherwise used in a coin machine as an improper substitute for a genuine coin, bill, or token.
(b) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits using or making slugs if the actor:
(a) with a purpose to defraud the supplier of property or a service offered or sold by means of a coin machine, inserts, deposits, or uses a slug in that machine; or
(b) makes, possesses, or disposes of a slug with the purpose of enabling a person to use it fraudulently in a coin machine.
(3) A violation of Subsection (2) is a class B misdemeanor.
(4) This section may not be construed to impose criminal or civil liability on any law enforcement officer acting within the scope of a criminal investigation.
(5) The forfeiture of property under this section, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be conducted in accordance with Title 77, Chapter 11a, Seizure of Property and Contraband, through Chapter 11c, Retention of Evidence.
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 5 - Fraud › Section 516 - Fraudulent conveyance of marital real estate.

Effective 5/3/2023
76-6-516.
Fraudulent conveyance of marital real estate.
(1) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits fraudulent conveyance of marital real estate if the actor:
(a) is married;
(b) falsely represents the actor as unmarried; and
(c) knowingly conveys or mortgages real estate situated in this state, without the assent or concurrence of the actor's spouse when such consent or concurrence is necessary to relinquish the spouse's inchoate statutory interest.
(3) A violation of Subsection (2) is a third degree felony.
(4) This section may not be construed to impose criminal or civil liability on any law enforcement officer acting within the scope of a criminal investigation.
(5) The forfeiture of property under this section, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be conducted in accordance with Title 77, Chapter 11a, Seizure of Property and Contraband, through Chapter 11c, Retention of Evidence.
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 5 - Fraud › Section 517 - Making a false credit report.

Effective 5/3/2023
76-6-517.
Making a false credit report.
(1) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits making a false credit report if the actor knowingly makes a materially false or misleading written statement to obtain property or credit for himself or another.
(3) A violation of Subsection (2) is a class A misdemeanor.
(4) This section may not be construed to impose criminal or civil liability on any law enforcement officer acting within the scope of a criminal investigation.
(5) The forfeiture of property under this section, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be conducted in accordance with Title 77, Chapter 11a, Seizure of Property and Contraband, through Chapter 11c, Retention of Evidence.
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 5 - Fraud › Section 518 - Criminal simulation.

Effective 5/3/2023
76-6-518.
Criminal simulation.
(1) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits criminal simulation if, with intent to defraud another, the actor:
(a) makes or alters an object in whole or in part so that it appears to have value because of age, antiquity, rarity, source, or authorship that it does not have;
(b) sells, passes, or otherwise utters an object so made or altered;
(c) possesses an object so made or altered with intent to sell, pass, or otherwise utter it; or
(d) authenticates or certifies an object so made or altered as genuine or as different from what it is.
(3) A violation of Subsection (2) is punishable as follows:
(a) if the value defrauded or intended to be defrauded is less than $500, the offense is a class B misdemeanor;
(b) if the value defrauded or intended to be defrauded is or exceeds $500 but is less than $1,500, the offense is a class A misdemeanor;
(c) if the value defrauded or intended to be defrauded is or exceeds $1,500 but is less than $5,000, the offense is a third degree felony; or
(d) if the value defrauded or intended to be defrauded is or exceeds $5,000, the offense is a second degree felony.
(4) This section may not be construed to impose criminal or civil liability on any law enforcement officer acting within the scope of a criminal investigation.
(5) The forfeiture of property under this section, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be conducted in accordance with Title 77, Chapter 11a, Seizure of Property and Contraband, through Chapter 11c, Retention of Evidence.
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 5 - Fraud › Section 520 - Criminal usury.

Effective 5/3/2023
76-6-520.
Criminal usury.
(1) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits criminal usury if the actor knowingly engages in, or directly or indirectly provides financing for, the business of making loans at a higher rate of interest or consideration therefor than is authorized by law.
(3) A violation of Subsection (2) is a third degree felony.
(4) This section may not be construed to impose criminal or civil liability on any law enforcement officer acting within the scope of a criminal investigation.
(5) The forfeiture of property under this section, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be conducted in accordance with Title 77, Chapter 11a, Seizure of Property and Contraband, through Chapter 11c, Retention of Evidence.
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 5 - Fraud › Section 522 - Equity skimming of a vehicle.

Effective 5/3/2023
76-6-522.
Equity skimming of a vehicle.
(1)
(a) As used in this section:
(i) "Actor" means a broker, dealer, or a person in collusion with a dealer or broker.
(ii) "Broker" means any person who, for compensation of any kind, arranges for the sale, lease, sublease, or transfer of a vehicle.
(iii) "Dealer" means any person engaged in the business of selling, leasing, or exchanging vehicles for compensation of any kind.
(iv) "Lease" means any grant of use or possession of a vehicle for consideration, with or without an option to buy.
(v) "Security interest" means an interest in a vehicle that secures payment or performance of an obligation.
(vi) "Transfer" means any delivery or conveyance of a vehicle to another from one person to another.
(vii) "Vehicle" means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, or through the air or water, or over land and includes a manufactured home or mobile home as defined in Section 41-1a-102.
(b) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits equity skimming of a vehicle if the actor:
(a)
(i) transfers or arranges the transfer of a vehicle for consideration or profit; and
(ii) has not first obtained written authorization of the lessor or holder of the security interest; and
(b) knows or should have known the vehicle is subject to a lease or security interest.
(3) A violation of Subsection (2) is a third degree felony.
(4) It is a defense to a violation of Subsection (2) if the defendant proves by a preponderance of the evidence that the lease obligation or security interest has been satisfied within 30 days following the transfer of the vehicle.
(5) This section may not be construed to impose criminal or civil liability on any law enforcement officer acting within the scope of a criminal investigation.
(6) The forfeiture of property under this section, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be conducted in accordance with Title 77, Chapter 11a, Seizure of Property and Contraband, through Chapter 11c, Retention of Evidence.
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 5 - Fraud › Section 523 - Obstruction of the leasing of real property for natural resource or agricultural production.

Effective 5/3/2023
76-6-523.
Obstruction of the leasing of real property for natural resource or agricultural production.
(1)
(a) As used in this section:
(i) "Competitive process" includes public auction or other public competitive bidding process.
(ii) "Natural resource or agricultural production" means:
(A) the extraction or production of oil, gas, hydrocarbons, or other minerals;
(B) production for commercial purposes of crops, livestock, and livestock products, including grazing; or
(C) activities similar in purpose to those listed in Subsections (1)(a)(ii)(A) and (B).
(b) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits obstruction of the leasing of real property for natural resource or agricultural production if the actor:
(a) bids for a lease as part of a competitive process for the lease;
(b) does not intend to pay for the lease at the time the actor makes the bid described in Subsection (2)(a); and
(c) does not pay the lessor in full for the lease as required by the lease agreement.
(3) A violation of Subsection (2) is:
(a) a third degree felony; and
(b) subject to a minimum fine of not less than $7,500.
(4) This section may not be construed to impose criminal or civil liability on any law enforcement officer acting within the scope of a criminal investigation.
(5) The forfeiture of property under this section, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be conducted in accordance with Title 77, Chapter 11a, Seizure of Property and Contraband, through Chapter 11c, Retention of Evidence.
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 5 - Fraud › Section 524 - Falsifying information for preconstruction lien purposes.

Effective 5/3/2023
76-6-524.
Falsifying information for preconstruction lien purposes.
(1) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits falsifying information for the purpose of obtaining priority of a preconstruction lien if the actor knowingly falsifies information for the purpose of obtaining priority of a preconstruction lien under Title 38, Chapter 1a, Preconstruction and Construction Liens.
(3) A violation of Subsection (2) is a class B misdemeanor.
(4) This section may not be construed to impose criminal or civil liability on any law enforcement officer acting within the scope of a criminal investigation.
(5) The forfeiture of property under this section, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be conducted in accordance with Title 77, Chapter 11a, Seizure of Property and Contraband, through Chapter 11c, Retention of Evidence.
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 6 - Retail Theft › Section 601 - Definitions.

Effective 5/3/2023
76-6-601.
Definitions.
As used in this part:
(1) "Merchandise" means any personal property displayed, held, or offered for sale by a merchant.
(2) "Merchant" means an owner or operator of any retail mercantile establishment where merchandise is displayed, held, or offered for sale and includes the merchant's employees, servants, or agents.
(3) "Minor" means any unmarried person under 18 years of age.
(4) "Peace officer" has the same meaning as provided in Title 53, Chapter 13, Peace Officer Classifications.
(5) "Premises of a retail mercantile establishment" includes, but is not limited to, the retail mercantile establishment; any common use areas in shopping centers and all parking lots or areas set aside for the benefit of those patrons of the retail mercantile establishment.
(6) "Retail mercantile establishment" means any place where merchandise is displayed, held, or offered for sale to the public.
(7) "Retail value" means the merchant's stated or advertised price of the merchandise.
(8) "Shopping cart" means those push carts of the types which are commonly provided by grocery stores, drug stores, or other mercantile establishments, or markets for the use of the public in transporting commodities in stores and markets from the store to a place outside the store.
(9) "Under-ring" means to cause the cash register or other sales recording device to reflect less than the retail value of the merchandise.
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 6 - Retail Theft › Section 603 - Detention of suspected violator by merchant -- Purposes.

76-6-603.
Detention of suspected violator by merchant -- Purposes.
(1) Any merchant who has probable cause to believe that a person has committed retail theft may detain such person, on or off the premises of a retail mercantile establishment, in a reasonable manner and for a reasonable length of time for all or any of the following purposes:
(a) to make reasonable inquiry as to whether such person has in his possession unpurchased merchandise and to make reasonable investigation of the ownership of such merchandise;
(b) to request identification;
(c) to verify such identification;
(d) to make a reasonable request of such person to place or keep in full view any merchandise such individual may have removed, or which the merchant has reason to believe he may have removed, from its place of display or elsewhere, whether for examination, purchase, or for any other reasonable purpose;
(e) to inform a peace officer of the detention of the person and surrender that person to the custody of a peace officer;
(f) in the case of a minor, to inform a peace officer, the parents, guardian, or other private person interested in the welfare of that minor immediately, if possible, of this detention and to surrender custody of such minor to such person.
(2) A merchant may make a detention as permitted herein off the premises of a retail mercantile establishment only if such detention is pursuant to an immediate pursuit of such person.
Amended by Chapter 306, 2007 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 6 - Retail Theft › Section 604 - Defense to action by person detained.

76-6-604.
Defense to action by person detained.
In any action for false arrest, false imprisonment, unlawful detention, defamation of character, assault, trespass, or invasion of civil rights brought by any person detained by the merchant, it shall be a defense to such action that the merchant detaining such person had probable cause to believe that the person had committed retail theft and that the merchant acted reasonably under all circumstances.
Enacted by Chapter 78, 1979 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 6 - Retail Theft › Section 607 - Report of arrest to division.

76-6-607.
Report of arrest to division.
Any arrest made for a violation of this part shall be reported by the appropriate jurisdiction to the Criminal Investigations and Technical Services Division of the Department of Public Safety, established in Section 53-10-103, which shall keep a record of the arrest together with the disposition of the arrest for purposes of inquiry by any law enforcement agency.
Amended by Chapter 263, 1998 General Session