76-6-409.10.  Payment of restitution — Civil action — Other remedies retained.

(1)  Terms defined in Sections 76-1-101.5 and 76-6-409.5 apply to this section.

Have a question?
Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In Utah Code 76-6-409.10

  • Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(2) 

(a) 

(i)  An actor who violates Section 76-6-409.6, 76-6-409.7, 76-6-409.8, or 76-6-409.9 shall make restitution to the telecommunication service provider for the value of the telecommunication service consumed in the violation plus all reasonable expenses and costs incurred on account of the violation.

(ii)  Reasonable expenses and costs include expenses and costs for investigation, service calls, employee time, and equipment use.

(b)  A criminal prosecution under Section 76-6-409.6, 76-6-409.7, 76-6-409.8, or 76-6-409.9 does not affect the right of a telecommunication service provider to bring a civil action for redress for damages suffered as a result of the commission of any of the acts prohibited by Section 76-6-409.6, 76-6-409.7, 76-6-409.8, or 76-6-409.9.

(3)  This section does not abridge or alter any other right, action, or remedy otherwise available to a telecommunication service provider.

Amended by Chapter 111, 2023 General Session