(2)  An actor commits fraudulent use of a financial transaction card if the actor knowingly uses a false, fictitious, altered, or counterfeit financial transaction card to obtain or attempt to obtain credit, goods, property, or services.

(3)

(a)  A violation of Subsection (2) is: (i)  a class B misdemeanor if the value of the property, money, or thing obtained or sought to be obtained is less than $500; (ii)  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; (iii)  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 (iv)  a second degree felony if the value of the property, money, or thing obtained or attempted to be obtained is or exceeds $5,000. (b)  Multiple violations of Subsection (2) may be aggregated into a single offense, and the degree of the offense is determined by the total value of all property, money, or things obtained or attempted to be obtained through the multiple violations.

(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