Utah Code 76-6-1408. Falsification of seller’s statement to dealer
Current as of: 2023 | Check for updates
|
Other versions
76-6-1408. Falsification of seller’s statement to dealer.
(1) | Terms defined in Sections 76-1-101.5 and 76-6-1402 apply to 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 |
Terms Used In Utah Code 76-6-1408
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
- Dealer: means :
(a) a scrap metal processor or secondary metals dealer or recycler, but does not include: (i) junk dealers as defined in Section 76-6-1402; (ii) solid waste management facilities as defined in Section 19-6-502; or (iii) the following businesses that are authorized to accept delivery of used lead batteries for recycling under Sections 19-6-603, 19-6-604, and 19-6-605: (A) retailers; (B) wholesalers; (C) battery manufacturers; and (D) secondary lead smelters. See Utah Code 76-6-1402 - Regulated metal: includes :
(i) aluminum, brass, copper, lead, chromium, tin, nickel, or alloys of these metals, except under Subsection (9)(c), and lead that is a part of an automotive or industrial lead battery; (iii) unused and undamaged building construction materials made of metal or alloy, including: (A) copper pipe, tubing, or wiring; and (B) aluminum wire, siding, downspouts, or gutters; (iv) oil well rigs, including any part of the rig; (v) nonferrous materials, stainless steel, and nickel; and (vi) irrigation pipe. See Utah Code 76-6-1402 (2) An actor commits falsification of seller’s statement to dealer if the actor: (a) sells, offers to sell, or attempts to sell regulated metal; and (b) in providing information required by Section 76-6-1403, 76-6-1405, or 76-6-1406 willfully makes a false statement or provides any untrue information. (3) (a) (i) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class B misdemeanor. (ii) An actor who is convicted of a class B misdemeanor under this section is subject to a mandatory fine of no less than $1,000. (b) (i) A violation of Subsection (2) is a class A misdemeanor if the actor previously has been convicted of a violation of this section. (ii) An actor who is convicted of a class A misdemeanor under this section is subject to a mandatory fine of no less than $2,500. Amended by Chapter 111, 2023 General Session
- Regulated metal: includes :