76-6-506.9. Use of fraudulent financial transaction card.
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:
Class | Prison | Fine |
---|
class A misdemeanor | up to 364 days | up to $2,500 |
class B misdemeanor | up to 6 months | up to $1,000 |
For details, see
Utah Code § 76-3-204
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Terms Used In Utah Code 76-6-506.9
(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. |
Enacted by Chapter 111, 2023 General Session