Utah Code 76-6-409.6. Use of telecommunication device to avoid lawful charge for service

76-6-409.6. Use of telecommunication device to avoid lawful charge for service.

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

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

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Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.

(2) An actor commits use of a telecommunication device to avoid lawful charge for service if the actor uses a telecommunication device:

(a)	with the intent to avoid the payment of a lawful charge for telecommunication service; or

(b)	with the knowledge that the use of the telecommunication device was to avoid the payment of a lawful charge for telecommunication service.

(3)

(a)

A violation of Subsection (2) is:

(i)	a class B misdemeanor, if the value of the telecommunication service is less than $300 or cannot be ascertained;

(ii)	a class A misdemeanor, if the value of the telecommunication service charge is or exceeds $300 but is not more than $1,000;

(iii)

a third degree felony, if the value of the telecommunication service is or exceeds $1,000 but is not more than $5,000; or

(iv)

a second degree felony, if:

(A)	the value of the telecommunication service is or exceeds $5,000;

(B)	the cloned cellular telephone was used to facilitate the commission of a felony; or

(C)	the actor previously has been convicted of a violation of this section.

(b)	An actor who violates this section is subject to the restitution and civil action provisions described in Section 76-6-409.10.

Amended by Chapter 111, 2023 General Session