Utah Code 76-6-506.8. False application for financial transaction card

76-6-506.8. False application for financial transaction card.

(1)	Terms defined in Sections 76-1-101.5 and 76-6-506 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
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Property: includes both real and personal property. See Utah Code 68-3-12.5

(2) An actor commits false application for a card if the actor:

(a)

knowingly, with the intent to defraud:

(i)	makes application for a financial transaction card to an issuer; and

(ii)	makes or causes to be made a false statement or report of the actor’s name, occupation, financial condition, assets, or personal identifying information; or

(b)	willfully and substantially undervalues or understates any indebtedness for the purposes of influencing the issuer to issue the financial transaction card.

(3)

A violation of Subsection (2) is:

(a)	a class B misdemeanor if the value of the property, money, or thing obtained or sought to be obtained is less than $500;

(b)	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;

(c)	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

(d)	a second degree felony if the value of the property, money, or thing obtained or attempted to be obtained is or exceeds $5,000.

(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.

(6)	The forfeiture of property under this section, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be conducted in accordance with Title 77, Chapter 11a, Seizure of Property and Contraband, through Chapter 11c, Retention of Evidence.

Enacted by Chapter 111, 2023 General Session