reglab/statecodes huggingface dataset:
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 6 - Retail Theft › Section 608 - Theft detection shielding devices prohibited -- Penalties.

Effective 5/3/2023
76-6-608.
Theft detection shielding devices prohibited.
(1) Terms defined in Sections 76-1-101.5 and 76-6-601 apply to this section.
(2) An actor commits the unlawful shielding of a theft detection device if the actor knowingly:
(a) makes or possesses any container or device used for, intended for use for, or represented as having the purpose of shielding merchandise from any electronic or magnetic theft alarm sensor, with the intent to commit a theft of merchandise;
(b) sells, offers to sell, advertises, gives, transports, or otherwise transfers to another any container or device intended for use for or represented as having the purpose of shielding merchandise from any electronic or magnetic theft alarm sensor;
(c) possesses any tool or instrument designed to remove any theft detection device from any merchandise, with the intent to use the tool or instrument to remove any theft detection device from any merchandise without the permission of the merchant or the person owning or in possession of the merchandise; or
(d) intentionally removes a theft detection device from merchandise prior to purchase and without the permission of the merchant.
(3)
(a) A violation of Subsection (2)(a), (b), or (c) is a class A misdemeanor.
(b) A violation of Subsection (2)(d) is a:
(i) class B misdemeanor if the value of the merchandise from which the theft detection device is removed is less than $500; or
(ii) class A misdemeanor if the value of the merchandise from which the theft detection device is removed is or exceeds $500.
(4) A violation of Subsection (2) is a separate offense from any offense listed in Part 4, Theft, or Part 6, Retail Theft.
(5) Criminal prosecutions under this section do not affect any person's right of civil action for redress for damages suffered as a result of any violation of this section.
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 7 - Utah Computer Crimes Act › Section 703.1 - Unlawful disclosure of personal information.

Effective 5/3/2023
76-6-703.1.
Unlawful disclosure of personal information.
(1)
(a) As used in this section, "electronic communication harassment" means an offense under Section 76-9-201.
(b) Terms defined in Sections 76-1-101.5 and 76-6-702 apply to this section.
(2) An actor commits unlawful disclosure of personal information if:
(a) with intent that electronic communication harassment occur, the actor discloses or disseminates another person's identifying information with the expectation that others will further disseminate or use the person's identifying information; and
(b) the disclosure or dissemination of the other person's identifying information results in electronic communication harassment.
(3)
(a) If the person whose identifying information is disseminated is an adult, a violation of Subsection (2) is:
(i) a class B misdemeanor on the first offense;
(ii) a class A misdemeanor on the second offense; or
(iii) a third degree felony on a third or subsequent offense.
(b) If the person whose identifying information is disseminated is a minor, a violation of Subsection (2) is:
(i) a class A misdemeanor on the first offense; or
(ii) a third degree felony on the second or subsequent offense.
(4)
(a) This section does not apply to an actor who provides information in conjunction with a report under Title 34A, Chapter 6, Utah Occupational Safety and Health Act, or Title 67, Chapter 21, Utah Protection of Public Employees Act.
(b) In accordance with 47 U.S.C. Sec. 230, this section may not apply to, and nothing in this section may be construed to impose liability or culpability on, an interactive computer service for content provided by another person.
(c) This section does not affect, limit, or apply to any activity or conduct that is protected by the constitution or laws of this state, or by the constitution or laws of the United States.
(5)
(a) An interactive computer service is not guilty of violating this section if an actor violates this section using the interactive computer service and the interactive computer service did not knowingly assist the actor to commit the violation.
(b) A service provider is not guilty of violating this section for:
(i) action taken in relation to a customer of the service provider, for a legitimate business purpose, to install software on, monitor, or interact with the customer's Internet or other network connection, service, or computer for network or computer security purposes, authentication, diagnostics, technical support, maintenance, repair, network management, updates of computer software or system firmware, or remote system management; or
(ii) action taken, including scanning and removing computer software, to detect or prevent the following:
(A) unauthorized or fraudulent use of a network, service, or computer software;
(B) illegal activity; or
(C) infringement of intellectual property rights.
Enacted by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 7 - Utah Computer Crimes Act › Section 703.3 - Unlawful use of technology to defraud.

Effective 5/3/2023
76-6-703.3.
Unlawful use of technology to defraud.
(1)
(a) As used in this section, "sensitive personal identifying information" means the same as that term is defined in Section 76-10-1801.
(b) Terms defined in Sections 76-1-101.5 and 76-6-702 apply to this section.
(2) An actor commits unlawful use of technology to defraud if the actor uses or knowingly allows another person to use a computer, computer network, computer property, or computer system, program, or software to devise or execute any artifice or scheme to defraud or to obtain money, property, a service, or other thing of value by a false pretense, promise, or representation.
(3) A violation of Subsection (2) is:
(a) a class B misdemeanor if the value of the money, property, service, or thing obtained or sought to be obtained is less than $500;
(b) a class A misdemeanor if the value of the money, property, service, 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 money, property, service, or thing obtained or sought to be obtained is or exceeds $1,500 but is less than $5,000; or
(d) a second degree felony if:
(i) the value of the money, property, service, or thing obtained or sought to be obtained is or exceeds $5,000; or
(ii) the object or purpose of the artifice or scheme to defraud is the obtaining of sensitive personal identifying information, regardless of the value.
(4)
(a) In accordance with 47 U.S.C. Sec. 230, this section may not apply to, and nothing in this section may be construed to impose liability or culpability on, an interactive computer service for content provided by another person.
(b) This section does not affect, limit, or apply to any activity or conduct that is protected by the constitution or laws of this state, or by the constitution or laws of the United States.
(5)
(a) An interactive computer service is not guilty of violating this section if a person violates this section using the interactive computer service and the interactive computer service did not knowingly assist the person to commit the violation.
(b) A service provider is not guilty of violating this section for:
(i) action taken in relation to a customer of the service provider, for a legitimate business purpose, to install software on, monitor, or interact with the customer's Internet or other network connection, service, or computer for network or computer security purposes, authentication, diagnostics, technical support, maintenance, repair, network management, updates of computer software or system firmware, or remote system management; or
(ii) action taken, including scanning and removing computer software, to detect or prevent the following:
(A) unauthorized or fraudulent use of a network, service, or computer software;
(B) illegal activity; or
(C) infringement of intellectual property rights.
Enacted by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 7 - Utah Computer Crimes Act › Section 703.5 - Interference or interruption of critical infrastructure.

Effective 5/3/2023
76-6-703.5.
Interference or interruption of critical infrastructure.
(1) Terms defined in Sections 76-1-101.5 and 76-6-702 apply to this section.
(2) An actor commits interference or interruption of critical infrastructure if the actor intentionally or knowingly, and without lawful authorization, interferes with or interrupts critical infrastructure.
(3) A violation of Subsection (2) is a third degree felony.
(4)
(a) In accordance with 47 U.S.C. Sec. 230, this section may not apply to, and nothing in this section may be construed to impose liability or culpability on, an interactive computer service for content provided by another person.
(b) This section does not affect, limit, or apply to any activity or conduct that is protected by the constitution or laws of this state, or by the constitution or laws of the United States.
(5)
(a) An interactive computer service is not guilty of violating this section if a person violates this section using the interactive computer service and the interactive computer service did not knowingly assist the person to commit the violation.
(b) A service provider is not guilty of violating this section for:
(i) action taken in relation to a customer of the service provider, for a legitimate business purpose, to install software on, monitor, or interact with the customer's Internet or other network connection, service, or computer for network or computer security purposes, authentication, diagnostics, technical support, maintenance, repair, network management, updates of computer software or system firmware, or remote system management; or
(ii) action taken, including scanning and removing computer software, to detect or prevent the following:
(A) unauthorized or fraudulent use of a network, service, or computer software;
(B) illegal activity; or
(C) infringement of intellectual property rights.
Enacted by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 7 - Utah Computer Crimes Act › Section 703.7 - Unlawful computer access.

Effective 5/3/2023
76-6-703.7.
Unlawful computer access.
(1) Terms defined in Sections 76-1-101.5 and 76-6-702 apply to this section.
(2) An actor commits unlawful computer access if:
(a) the actor intentionally or knowingly, and without authorization, gains or attempts to gain access to a computer, computer network, computer property, or computer system; and
(b) the circumstances of the violation of Subsection (2)(a) do not constitute an offense under Section 76-6-703, 76-6-703.1, 76-6-703.3, or 76-6-703.5.
(3) A violation of Subsection (2) is a class B misdemeanor.
(4)
(a) Notwithstanding Subsection (2), a retailer that uses an electronic product identification or tracking system, or other technology, to identify, track, or price goods is not guilty of a violation of this section if the equipment designed to read the electronic product identification or tracking system data and used by the retailer to identify, track, or price goods is located within the retailer's location.
(b) It is an affirmative defense to a violation under this section that the actor obtained access or attempted to obtain access:
(i) in response to, and for the purpose of protecting against or investigating, a prior attempted or successful breach of security of computer technology whose security the actor is authorized or entitled to protect, and the access attempted or obtained was no greater than reasonably necessary for that purpose; or
(ii) pursuant to a search warrant or a lawful exception to the requirement to obtain a search warrant.
(c) In accordance with 47 U.S.C. Sec. 230, this section may not apply to, and nothing in this section may be construed to impose liability or culpability on, an interactive computer service for content provided by another person.
(d) This section does not affect, limit, or apply to any activity or conduct that is protected by the constitution or laws of this state, or by the constitution or laws of the United States.
(5)
(a) An interactive computer service is not guilty of violating this section if an actor violates this section using the interactive computer service and the interactive computer service did not knowingly assist the actor to commit the violation.
(b) A service provider is not guilty of violating this section for:
(i) action taken in relation to a customer of the service provider, for a legitimate business purpose, to install software on, monitor, or interact with the customer's Internet or other network connection, service, or computer for network or computer security purposes, authentication, diagnostics, technical support, maintenance, repair, network management, updates of computer software or system firmware, or remote system management; or
(ii) action taken, including scanning and removing computer software, to detect or prevent the following:
(A) unauthorized or fraudulent use of a network, service, or computer software;
(B) illegal activity; or
(C) infringement of intellectual property rights.
Enacted by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 7 - Utah Computer Crimes Act › Section 704 - Attorney general, county attorney, or district attorney to prosecute -- Conduct violating other statutes.

76-6-704.
Attorney general, county attorney, or district attorney to prosecute -- Conduct violating other statutes.
(1) The attorney general, district attorney, or the county attorney shall prosecute suspected criminal violations of this part.
(2) Prosecution under this part does not prevent any prosecutions under any other law.
Amended by Chapter 38, 1993 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 7 - Utah Computer Crimes Act › Section 705 - Reporting violations.

Effective 5/3/2023
76-6-705.
Reporting violations.
(1) Each person who has reason to believe that a provision of Section 76-6-703, 76-6-703.1, 76-6-703.3, 76-6-703.5, or 76-6-703.7 is being or has been violated shall report the suspected violation to:
(a) the attorney general, or county attorney, or, if within a prosecution district, the district attorney of the county or prosecution district in which part or all of the violation occurred; or
(b) a state or local law enforcement agency.
(2) Subsection (1) does not apply to the extent that the person is prohibited from reporting by a statutory or common law privilege.
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 8 - Library Theft › Section 803 - Mutilation or damaging of library material as library theft.

Effective 5/3/2023
76-6-803.
Mutilation or damaging of library material.
(1)
(a) As used in this section:
(i) "Library" means the same as that term is defined in Section 76-6-801.
(ii) "Library materials" means the same as that term is defined in Section 76-6-801.
(b) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor is guilty of mutilation or damage of library materials if the actor intentionally or recklessly writes upon, injures, defaces, tears, cuts, mutilates, destroys, or otherwise damages library materials.
(3) A violation of Subsection (2) is:
(a) a second degree felony if the value of the library materials is or exceeds $5,000;
(b) a third degree felony if:
(i) the value of the library materials is or exceeds $1,500 but is less than $5,000;
(ii) the value of the library materials is or exceeds $500 and the actor has been twice before convicted of any of the following offenses, if each prior offense was committed within 10 years before the date of the current conviction or the date of the offense upon which the current conviction is based and at least one of those convictions is for a class A misdemeanor:
(A) any theft, any robbery, or any burglary with intent to commit theft;
(B) any offense under Part 5, Fraud; or
(C) any attempt to commit any offense under Subsection (3)(b)(ii)(A) or (B);
(iii)
(A) the value of the library materials is or exceeds $500 but is less than $1,500;
(B) the theft occurs on a property where the offender has committed any theft within the past five years; and
(C) the offender has received written notice from the library if the library has complied with the provisions of Subsection 78B-3-108(4) governing notice by a merchant; or
(iv) the actor has been previously convicted of a felony violation of any of the offenses listed in Subsections (3)(b)(ii)(A) through (3)(b)(ii)(C), if the prior offense was committed within 10 years before the date of the current conviction or the date of the offense upon which the current conviction is based;
(c) a class A misdemeanor if:
(i) the value of the library materials stolen is or exceeds $500 but is less than $1,500;
(ii)
(A) the value of the library materials is less than $500;
(B) the theft occurs on a property where the offender has committed any theft within the past five years; and
(C) the offender has received written notice from the library if the library has complied with the provisions of Subsection 78B-3-108(4) governing notice by a merchant; or
(iii) the actor has been twice before convicted of any of the offenses listed in Subsections (3)(b)(ii)(A) through (3)(b)(ii)(C), if each prior offense was committed within 10 years before the date of the current conviction or the date of the offense upon which the current conviction is based; or
(d) a class B misdemeanor if the value of the library materials stolen is less than $500 and the theft is not an offense under Subsection (3)(c).
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 8 - Library Theft › Section 803.60 - Detention of theft suspect by library employee -- Purposes.

Effective 5/3/2023
76-6-803.60.
Detention of theft suspect by library employee -- Purposes.
(1)
(a) As used in this section:
(i) "Library" means the same as that term is defined in Section 76-6-801.
(ii) "Library materials" means the same as that term is defined in Section 76-6-801.
(b) Terms defined in Section 76-1-101.5 apply to this section.
(2) Any employee of the library who has probable cause to believe that a person has committed library theft may detain the person, on or off the premises of a library, 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 the person has in his possession concealed library materials;
(b) to request identification;
(c) to verify identification;
(d) to make a reasonable request of the person to place or keep in full view any library materials the individual may have removed, or which the employee has reason to believe he may have removed, from its place of display or elsewhere, whether for examination, 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; or
(f) in the case of a minor, to inform a peace officer, the parents, guardian, or other private person interested in the welfare of the minor as soon as possible of this detention and to surrender custody of the minor to this person.
(3) An employee may make a detention under this section off the library premises only if the detention is pursuant to an immediate pursuit of the person.
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 8 - Library Theft › Section 803.90 - Liability -- Defense -- Probable cause -- Reasonableness.

Effective 5/3/2023
76-6-803.90.
Liability -- Defense -- Probable cause -- Reasonableness.
(1)
(a) As used in this section, "library" means the same as that term is defined in Section 76-6-801.
(b) Terms defined in Section 76-1-101.5 apply to this section.
(2) 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 an employee of the library, it is a defense to the action that the employee of the library detaining the person had probable cause to believe that the person had committed library theft and that the employee acted reasonably under all circumstances.
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 9 - Cultural Sites Protection › Section 901 - Definitions.

76-6-901.
Definitions.
As used in this part:
(1) "Antiquities" means:
(a) all material remains and their associations, recoverable through excavation or surface collection, that provide information pertaining to the historic or prehistoric peoples in the state; and
(b) vertebrate fossils and other exceptional fossils and fossil sites designated as state landmarks.
(2) "Landowner" includes the School and Institutional Trust Lands Administration with respect to lands sold by the School and Institutional Trust Lands Administration and upon which a restrictive deed covenant has been imposed by the School and Institutional Trust Lands Administration.
(3) "Persons" means an individual, corporation, partnership, trust, institution, association, or any other private entity or any officer, employee, agent, department, or instrumentality of the United States, of any Native American tribe, or of any state or political subdivision of any state.
(4) "State lands" means all lands owned by:
(a) Utah, including school and institutional trust lands and lands sold by the School and Institutional Trust Lands Administration subject to a restrictive deed covenant for the protection of antiquities; and
(b) political subdivisions.
Amended by Chapter 111, 2006 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 9 - Cultural Sites Protection › Section 902 - Prohibitions.

Effective 5/3/2023
76-6-902.
Antiquities alteration, removal, injury, or destruction.
(1) Terms defined in Sections 76-1-101.5 and 76-6-901 apply to this section.
(2) An actor commits antiquities alteration, removal, injury, or destruction if the actor:
(a) intentionally alters, removes, injures, or destroys antiquities from state lands or private lands without the landowner's consent; or
(b) counsels, procures, solicits, or employs another person to violate Subsection (2)(a).
(3)
(a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class B misdemeanor.
(b) A violation of Subsection (2) is a third degree felony if:
(i) the violation is the actor's second or subsequent violation of this section, Section 76-6-902.1, or Section 76-6-902.2; or
(ii) the amount at issue, as calculated under Subsection (3)(c), exceeds $500.
(c) The amount described in Subsection (3)(b)(ii) is calculated by adding together:
(i) the commercial or archaeological value of the antiquities involved in the violation; and
(ii) the cost of the restoration and repair of the antiquities involved in the violation.
(d) An actor shall surrender to the landowner all articles and material discovered, collected, excavated, or offered for sale or exchange in violation of this section.
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 9 - Cultural Sites Protection › Section 902.1 - Unlawful creation, labeling, or sale of reproduction of antiquities.

Effective 5/3/2023
76-6-902.1.
Unlawful creation, labeling, or sale of reproduction of antiquities.
(1) Terms defined in Sections 76-1-101.5 and 76-6-901 apply to this section.
(2) An actor commits unlawful reproduction, labeling, or sale of reproduction of antiquities if the actor:
(a) with the intent to represent one or more objects as original and genuine antiquities, intentionally:
(i) reproduces, reworks, or forges antiquities; or
(ii)
(A) makes an object, whether as a copy or not; or
(B) falsely labels, describes, identifies, or offers for sale or exchange an object; or
(b) counsels, procures, solicits, or employs another person to violate Subsection (2)(a).
(3)
(a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class B misdemeanor.
(b) A violation of Subsection (2) is a third degree felony if:
(i) the violation is the actor's second or subsequent violation of this section, Section 76-6-902, or Section 76-6-902.2; or
(ii) the amount at issue, as calculated under Subsection (3)(c), exceeds $500.
(c) The amount described in Subsection (3)(b)(ii) is calculated by adding together:
(i) the commercial or archaeological value of the antiquities involved in the violation; and
(ii) the cost of the restoration and repair of the antiquities involved in the violation.
(d) An actor shall surrender to the landowner all articles and material discovered, collected, excavated, or offered for sale or exchange in violation of this section.
Enacted by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 9 - Cultural Sites Protection › Section 902.2 - Unlawful sale or exchange of antiquities.

Effective 5/3/2023
76-6-902.2.
Unlawful sale or exchange of antiquities.
(1) Terms defined in Sections 76-1-101.5 and 76-6-901 apply to this section.
(2) An actor commits unlawful sale or exchange of antiquities if the actor:
(a) offers for sale or exchange an object that was collected or excavated in violation of Section 76-6-902; or
(b) counsels, procures, solicits, or employs another person to violate Subsection (2)(a).
(3)
(a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class B misdemeanor.
(b) A violation of Subsection (2) is a third degree felony if:
(i) the violation is the actor's second or subsequent violation of this section, Section 76-6-902, or Section 76-6-902.1; or
(ii) the amount at issue, as calculated under Subsection (3)(c), exceeds $500.
(c) The amount described in Subsection (3)(b)(ii) is calculated by adding together:
(i) the commercial or archaeological value of the antiquities involved in the violation; and
(ii) the cost of the restoration and repair of the antiquities involved in the violation.
(d) An actor shall surrender to the landowner all articles and material discovered, collected, excavated, or offered for sale or exchange in violation of this section.
Enacted by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 10 - Mail Box Damage and Mail Theft › Section 1001 - Definitions.

Effective 5/3/2023
76-6-1001.
Definitions.
As used in this part:
(1) "Common mail carrier" means a person engaged in or transacting the business of collecting, transporting, or delivering mail, other than the United States Postal Service.
(2) "Key" means any instrument used by the postal service and postal customer, and which is designed to operate the lock on a mail receptacle.
(3) "Mail" means any letter, card, parcel, or other material, along with its contents, that:
(a) has postage affixed by the postal customer or postal service;
(b) has been accepted for delivery by the postal service;
(c) the postal customer leaves for collection by the postal service; or
(d) the postal service delivers to the postal customer.
(4) "Mail receptacle" means a mail box, post office box, rural box, or any place or area intended or used by postal customers or a postal service for the collection or delivery of mail.
(5) "Personal identifying information" means the same as that term is defined in Section 76-6-1101.
(6) "Postage" means a postal service stamp, permit imprint, meter strip, or other indication of either prepayment for postal service provided or authorization by the postal service for collection and delivery of mail.
(7) "Postal service" means the United States Postal Service or a private common mail carrier.
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 10 - Mail Box Damage and Mail Theft › Section 1002 - Damage to mail receptacle -- Penalties -- Greater offenses.

Effective 5/3/2023
76-6-1002.
Damage to mail receptacle.
(1) Terms defined in Sections 76-1-101.5 and 76-6-1001 apply to this section.
(2) An actor commits damage to a mail receptacle if the actor knowingly damages the condition of a mail receptacle, including:
(a) taking, concealing, damaging, or destroying a key; or
(b) breaking open, tearing down, taking, damaging, or destroying a mail receptacle.
(3)
(a) A violation of Subsection (2) is a:
(i) second degree felony if the actor's conduct causes or is intended to cause pecuniary loss equal to or in excess of $5,000 in value;
(ii) third degree felony if the actor's conduct causes or is intended to cause pecuniary loss equal to or in excess of $1,500 but is less than $5,000 in value;
(iii) class A misdemeanor if the actor's conduct causes or is intended to cause pecuniary loss equal to or in excess of $500 but is less than $1,500 in value; and
(iv) class B misdemeanor if the actor's conduct causes or is intended to cause pecuniary loss less than $500 in value.
(b) If the act committed amounts to an offense subject to a greater penalty, Subsection (3)(a) does not prohibit prosecution and sentencing for the more serious offense.
(4) The following presumptions and defenses shall be applicable to this section:
(a) possession of property recently stolen, when no satisfactory explanation of such possession is made, is prima facie evidence that the actor in possession stole the property;
(b) it is no defense under this part that the actor has an interest in the property or service stolen if another person also has an interest that the actor is not entitled to infringe, provided an interest in property for purposes of this Subsection (4)(b) shall not include a security interest for the repayment of a debt or obligation; and
(c) it is a defense under this section that the actor:
(i) acted under an honest claim of right to the property or service involved;
(ii) acted in the honest belief that the actor had the right to obtain or exercise control over the property or service as the actor did; or
(iii) obtained or exercised control over the property or service honestly believing that the owner, if present, would have consented.
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 10 - Mail Box Damage and Mail Theft › Section 1003 - Mail theft -- Penalties.

Effective 5/3/2023
76-6-1003.
Mail theft.
(1) Terms defined in Sections 76-1-101.5 and 76-6-1001 apply to this section.
(2) An actor commits mail theft if the actor:
(a) knowingly, and with the intent to deprive another:
(i) takes, destroys, hides, or embezzles mail; or
(ii) obtains any mail by fraud or deception; or
(b) buys, receives, conceals, or possesses mail and knows or reasonably should have known that the mail was unlawfully taken or obtained.
(3) A violation of Subsection (2) is:
(a) a third degree felony;
(b) a class A misdemeanor, if the mail has no monetary value and does not include the name of an individual; or
(c) a second degree felony, if the mail contains the personal identifying information of 10 or more individuals.
(4) The following presumptions and defenses shall be applicable to this section:
(a) possession of property recently stolen, when no satisfactory explanation of such possession is made, is prima facie evidence that the actor in possession stole the property;
(b) it is no defense under this section that the actor has an interest in the property or service stolen if another person also has an interest that the actor is not entitled to infringe, provided an interest in property for purposes of this Subsection (4)(b) shall not include a security interest for the repayment of a debt or obligation; and
(c) it is a defense under this section that:
(i) the actor acted under an honest claim of right to the property or service involved;
(ii) the actor acted in the honest belief that the actor had the right to obtain or exercise control over the property or service as the actor did;
(iii) the actor obtained or exercised control over the property or service honestly believing that the owner, if present, would have consented;
(iv) the actor was unaware that the mail belonged to another person;
(v) the actor reasonably believed the actor was entitled to the mail or had a right to acquire or dispose of the mail as the actor did; or
(vi) the mail belonged to the actor's spouse, unless the parties were either legally separated or living in separate residences at the time of the alleged mail theft.
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 11 - Identity Fraud Act › Section 1101 - Definitions.

Effective 5/3/2023
76-6-1101.
Definitions.
(1) As used in this part:
(a) "Personal identifying information" may include:
(i) name;
(ii) birth date;
(iii) address;
(iv) telephone number;
(v) driver license number;
(vi) social security number;
(vii) place of employment;
(viii) employee identification numbers or other personal identification numbers;
(ix) mother's maiden name;
(x) electronic identification numbers;
(xi) electronic signatures under Title 46, Chapter 4, Uniform Electronic Transactions Act;
(xii) any other numbers or information that can be used to access a person's financial resources or medical information, except for numbers or information that can be prosecuted as financial transaction card offenses under Sections 76-6-506, 76-6-506.2, 76-6-506.3, and 76-6-506.6; or
(xiii) a photograph or any other realistic likeness.
(b) "Restitution" means the same as that term is defined in Section 77-38b-102.
Repealed and Re-enacted by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 11 - Identity Fraud Act › Section 1102 - Identity fraud.

Effective 5/3/2023
76-6-1102.
Identity fraud.
(1) Terms defined in Sections 76-1-101.5 and 76-6-1101 apply to this section.
(2) An actor commits identity fraud if the actor knowingly or intentionally uses, or attempts to use, the personal identifying information of another person, whether that person is alive or deceased, with fraudulent intent, including to obtain, or attempt to obtain, credit, goods, services, employment, any other thing of value, or medical information.
(3) A violation of Subsection (2) is:
(a) except as provided in Subsection (3)(b)(ii), a third degree felony if the value of the credit, goods, services, employment, or any other thing of value is less than $5,000; or
(b) a second degree felony if:
(i) the value of the credit, goods, services, employment, or any other thing of value is or exceeds $5,000; or
(ii) the use described in Subsection (2) of personal identifying information results, directly or indirectly, in bodily injury to another person.
(4)
(a) It is not a defense to a violation of Subsection (2) that the actor did not know that the personal information belonged to another person.
(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 credit, goods, services, or any other thing of value used, or attempted to be used, through the multiple violations.
(5)
(a) If a defendant is convicted of a violation of this section, the court shall order the defendant to pay restitution in accordance with Title 77, Chapter 38b, Crime Victims Restitution Act.
(b) Restitution under Subsection (5)(a) may include:
(i) payment for any costs incurred, including attorney fees, lost wages, and replacement of checks; and
(ii) the value of the victim's time incurred due to the offense:
(A) in clearing the victim's credit history or credit rating;
(B) in any civil or administrative proceedings necessary to satisfy or resolve any debt, lien, or other obligation of the victim or imputed to the victim and arising from the offense; and
(C) in attempting to remedy any other intended or actual harm to the victim incurred as a result of the offense.
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 11 - Identity Fraud Act › Section 1103 - Investigation of violation.

76-6-1103.
Investigation of violation.
In addition to investigations conducted by law enforcement agencies, the Office of the Attorney General also has responsibility for investigating violations of this part where identity fraud is the primary violation that is alleged to have been committed.
Amended by Chapter 227, 2004 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 11 - Identity Fraud Act › Section 1104 - Court records.

76-6-1104.
Court records.
In any case in which a person commits identify fraud and uses the personal identifying information obtained to commit a crime in addition to the identity fraud, the court shall make appropriate findings in any prosecution of such a crime that the person whose identity was falsely used to commit the crime did not commit the crime.
Enacted by Chapter 57, 2000 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 12 - Utah Mortgage Fraud Act › Section 1202 - Definitions.

76-6-1202.
Definitions.
As used in this part:
(1) "Mortgage lending process" means the process through which a person seeks or obtains a mortgage loan, including solicitation, application, or origination, negotiation of terms, third-party provider services, underwriting, signing and closing, and funding of the loan.
(2) "Mortgage loan":
(a) means a loan or agreement made to extend credit to a person when the loan is secured by a deed, security deed, mortgage, security interest, deed of trust, or other document representing a security interest or lien upon any interest in one-to-four family residential property; and
(b) includes the renewal or refinancing of any loan.
(3) "Pattern of unlawful activity" has the same definition as in Section 76-10-1602.
(4) "Sensitive personal identifying information" includes:
(a) the following information regarding an individual's:
(i) Social Security number;
(ii) driver license number or other government issued identification number;
(iii) financial account number or credit or debit card number;
(iv) password or personal identification number or other identification required to gain access to a financial account or a secure website;
(v) automated or electronic signature; and
(vi) unique biometric data; and
(b) any other information that can be used to gain access to an individual's financial accounts or to obtain goods or services.
(5) "Value" means the value of the property, money, or thing obtained or sought to be obtained.
Enacted by Chapter 370, 2008 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 12 - Utah Mortgage Fraud Act › Section 1203 - Mortgage fraud.

Effective 5/3/2023
76-6-1203.
Mortgage fraud.
(1) Terms defined in Sections 76-1-101.5 and 76-6-1202 apply to this section.
(2) An actor commits mortgage fraud if the actor does any of the following with the intent to defraud:
(a) knowingly makes any material misstatement, misrepresentation, or omission during the mortgage lending process, intending that it be relied upon by a mortgage lender, borrower, or any other party to the mortgage lending process;
(b) knowingly uses or facilitates the use of any material misstatement, misrepresentation, or omission, during the mortgage lending process, intending that it be relied upon by a mortgage lender, borrower, or any other party to the mortgage lending process;
(c) files or causes to be filed with any county recorder in Utah any document that the actor knows contains a material misstatement, misrepresentation, or omission; or
(d) receives any proceeds or any compensation in connection with a mortgage loan that the actor knows resulted from a violation of this section.
(3)
(a) Notwithstanding any other administrative, civil, or criminal penalties, a violation of Subsection (2) is a:
(i) class A misdemeanor if the value is or exceeds $500 but is less than $1,500;
(ii) third degree felony if the value is or exceeds $1,500 but is less than $5,000;
(iii) second degree felony if the value is or exceeds $5,000; and
(iv) second degree felony if the object or purpose of the commission of an act of mortgage fraud is the obtaining of sensitive personal identifying information, regardless of the value.
(b) The determination of the degree of any offense under Subsection (3)(a) is measured by the total value of all property, money, or things obtained or sought to be obtained by a violation of Subsection (2), except as provided in Subsection (3)(a)(iv).
(4) Each residential or commercial property transaction offense under this section constitutes a separate violation.
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 13 - Utah Automated Sales Suppression Device Act › Section 1302 - Definitions.

76-6-1302.
Definitions.
As used in this part:
(1) "Automated sales suppression device" means:
(a) a software program that falsifies the electronic records of electronic cash registers or any other point-of-sale systems, including transaction data and transaction reports; or
(b) a general reference to a device that allows for, creates, or supports an automated sales suppression system or any kind of phantomware.
(2) "Electronic cash register" means any device, wherever located, that maintains a transaction register or supporting documents by means of an electronic device or computer system designed to record transaction data for the purpose of computing, compiling, or processing retail, wholesale, or any other sales transaction data.
(3) "Person" means an individual, business, or entity.
(4) "Phantomware" means a programming option that:
(a) is pre-installed, installed at a later time, or otherwise embedded in the operating system of an electronic cash register or hardwired into the electronic cash register; and
(b) can be used to create a virtual alternate register or to eliminate or manipulate transaction records that may or may not be preserved in digital formats in order to represent a manipulated record or records of transactions in the electronic cash register.
(5) "Transaction data" includes items purchased by a customer, the price for each item, a taxability determination for each item, a segregated tax amount for each of the taxed items, the amount of cash or credit tendered, the net amount returned to the customer in change or in a refund, the date and time of the purchase, the name, address, and identification number of the vendor, and the receipt or invoice number of the transaction.
(6) "Transaction report" means a report that includes the sales, taxes collected, media totals, and discount voids at an electronic cash register and that is generated at the end of a day or shift. The report is printed on cash register tape or is stored electronically.
Enacted by Chapter 32, 2012 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 13 - Utah Automated Sales Suppression Device Act › Section 1303 - Possession, sale, or use of automated sales suppression device unlawful.

Effective 5/3/2023
76-6-1303.
Possession, sale, or use of automated sales suppression device unlawful.
(1) Terms defined in Sections 76-1-101.5 and 76-6-1302 apply to this section.
(2) An actor commits possession, sale, or use of an automated sales suppression device if the actor willfully or knowingly sells, purchases, installs, transfers, uses, or possesses in this state any automated sales suppression device or phantomware with the intent to defraud.
(3)
(a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a third degree felony.
(b) A second or subsequent violation of Subsection (2) is a second degree felony.
(c) Notwithstanding Section 76-3-301, any person convicted of violating Subsection (2) may be fined not more than twice the amount of the applicable taxes that would otherwise be due, but for the use of the automated sales suppression device or phantomware.
(d) Any person convicted of a violation of Subsection (2):
(i) is liable for all applicable taxes, penalties under Section 59-1-401, and interest under Section 59-1-402 that would otherwise be due, but for the use of the automated sales suppression device or phantomware to evade the payment of taxes; and
(ii) shall disgorge all profits associated with the sale or use of an automated sales suppression device or phantomware.
(4) An automated sales suppression device and any device containing an automated sales suppression device is contraband and subject to forfeiture under Title 77, Chapter 11b, Forfeiture of Seized Property.
Amended by Chapter 111, 2023 General Session
Amended by Chapter 448, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 14 - Regulation of Metal Dealers › Section 1403.1 - Unlawful conduct with respect to record of sale or purchase.

Effective 5/3/2023
76-6-1403.1.
Unlawful conduct with respect to record of sale or purchase.
(1) Terms defined in Sections 76-1-101.5 and 76-6-1402 apply to this section.
(2) A dealer commits unlawful conduct with respect to record of sale or purchase if the dealer violates a requirement under Section 76-6-1403.
(3)
(a)
(i) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class C misdemeanor.
(ii) A dealer who is convicted of a class C misdemeanor under this section is subject to a mandatory fine of no less than $750.
(b)
(i) A violation of Subsection (2) is a class A misdemeanor if the dealer previously has been convicted of a violation of this section or Section 76-6-1404.1, 76-6-1405.1, 76-6-1406.1, or 76-6-1409.1.
(ii) A dealer who is convicted of a class A misdemeanor under this section is subject to a mandatory fine of no less than $2,500.
(4)
(a) This section does not impair the authority of a county or municipality in this state to license, tax, and regulate any junk dealer or metal dealer, except that local regulations may not be any less stringent than the provisions in Section 76-6-1403 or this section.
(b) This section does not impair the authority of a county or municipality to revoke or deny a business license or permit required by that county or municipality regulating the authority to sell, purchase, or possess metal, including the revocation or denial of a business license or permit based on a violation of Section 76-6-1403 or this section.
(c) This section does not prohibit the charging of a seller or dealer with any other criminal offense related to the obtaining, possession, or selling of stolen regulated metals.
Enacted by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 14 - Regulation of Metal Dealers › Section 1404 - Notice to sellers of identification requirements.

Effective 5/3/2023
76-6-1404.
Required notice to sellers of identification requirements.
(1) A dealer shall at all times maintain in a prominent place at the dealer's place of business, in open view to a seller of regulated metal, a clearly legible notice in not less than two-inch high lettering that contains the following language: "A PERSON ATTEMPTING TO SELL ANY REGULATED METAL MUST PROVIDE IDENTIFICATION AS REQUIRED BY STATE LAW."
(2) A dealer who violates this section is subject to the penalties described in Section 76-6-1404.1.
Amended by Chapter 111, 2023 General Session