76-6-409.7. Possession of unlawful telecommunication device.
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:
Class | Prison | Fine |
---|
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 76-6-409.7
- 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 possession of unlawful telecommunication device if the actor knowingly possesses an unlawful telecommunication device. |
(3) |
(a) |
Except as provided in Subsection (3)(b) or (3)(c), a violation of Subsection (2) is a class B misdemeanor. |
(b) |
Except as provided in Subsection (3)(c), a violation of Subsection (2) is a third degree felony if the actor knowingly possesses five or more unlawful telecommunication devices in the same criminal episode. |
(c) |
A violation of Subsection (2) is a second degree felony if the actor:
(i) |
knowingly and unlawfully possesses an instrument capable of intercepting electronic serial number and mobile identification number combinations under circumstances evidencing an intent to clone; or |
(ii) |
knowingly and unlawfully possesses cloning paraphernalia under circumstances evidencing an intent to clone. |
|
(d) |
An actor who violates this section is subject to the restitution and civil action provisions described in Section 76-6-409.10. |
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Amended by Chapter 111, 2023 General Session