76-6-506.3. Unlawful acquisition, possession, or transfer of financial transaction card.
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Terms Used In Utah Code 76-6-506.3
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
- Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
| (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 |
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| (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 |
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| (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. |
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| (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. |
Amended by Chapter 111, 2023 General Session
