76-6-1105. Unlawful possession of another’s identification documents.
| (1) |
Attorney's NoteUnder 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 |
For details, see Utah Code § 76-3-204
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Terms Used In Utah Code 76-6-1105- 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
- Possess: means to have physical possession of or to exercise dominion or control over tangible property. See Utah Code 76-1-101.5
| (a) |
As used in this section:
| (i) |
| (A) |
“Identifying document” means:
| (I) |
a government issued document commonly used for identification; |
| (II) |
a vehicle registration certificate; or |
| (III) |
any other document, image, data file, or medium containing personal identifying information as defined in Subsection 76-6-1101(1)(a). |
|
| (B) |
“Identifying document” includes:
| (I) |
a counterfeit identifying document; or |
| (II) |
a document containing personal identifying information of a deceased individual. |
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| (ii) |
“Possess” means to have physical control or electronic access. |
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| (2) |
| (a) |
Under circumstances that do not constitute a violation of Section 76-6-502 or 76-6-1102, an actor commits unlawful possession of another’s identification documents if the actor:
| (i) |
obtains or possesses an identifying document:
| (A) |
with knowledge that the actor is not entitled to obtain or possess the identifying document; or |
| (B) |
with intent to deceive or defraud; or |
|
| (ii) |
assists another person in obtaining or possessing an identifying document:
| (A) |
with knowledge that the person is not entitled to obtain or possess the identifying document; or |
| (B) |
with knowledge that the person intends to use the identifying document to deceive or defraud. |
|
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| (b) |
Under circumstances that do not constitute a violation of Section 76-6-502 or 76-6-1102, an actor commits unlawful possession of another’s identification documents if the actor:
| (i) |
obtains or possesses identifying documents of more than two, but fewer than 100, individuals:
| (A) |
with knowledge that the individual is not entitled to obtain or possess the identifying documents; or |
| (B) |
with intent to deceive or defraud; or |
|
| (ii) |
assists another person in obtaining or possessing identifying documents of more than two, but fewer than 100, individuals:
| (A) |
with knowledge that the person is not entitled to obtain or possess the multiple identifying documents; or |
| (B) |
with knowledge that the person intends to use the identifying documents to deceive or defraud. |
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| (c) |
Under circumstances that do not constitute a violation of Section 76-6-502 or 76-6-1102, an actor commits unlawful possession of another’s identification documents if the actor:
| (i) |
obtains or possesses identifying documents of 100 or more individuals:
| (A) |
with knowledge that the individual is not entitled to obtain or possess the identifying documents; or |
| (B) |
with intent to deceive or defraud; or |
|
| (ii) |
assists another person in obtaining or possessing identifying documents of 100 or more individuals:
| (A) |
with knowledge that the person is not entitled to obtain or possess the identifying documents; or |
| (B) |
with knowledge that the person intends to use the identifying documents to deceive or defraud. |
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| (3) |
A violation of:
| (a) |
Subsection (2)(a) is a class A misdemeanor; |
| (b) |
Subsection (2)(b) is a third degree felony; or |
| (c) |
Subsection (2)(c) is a second degree felony. |
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Amended by Chapter 111, 2023 General Session
