Utah Code 76-6-703.3. Unlawful use of technology to defraud
Current as of: 2024 | Check for updates
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Other versions
(1)
For details, see Utah Code § 76-3-204
Attorney's Note
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 |
Terms Used In Utah Code 76-6-703.3
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
- Computer: means any electronic device or communication facility that stores, processes, transmits, or facilitates the transmission of data. See Utah Code 76-6-702
- Computer network: means :(4)(a) the interconnection of communication or telecommunication lines between:(4)(a)(i) computers; or(4)(a)(ii) computers and remote terminals; or(4)(b) the interconnection by wireless technology between:(4)(b)(i) computers; or(4)(b)(ii) computers and remote terminals. See Utah Code 76-6-702
- Computer property: includes electronic impulses, electronically produced data, information, financial instruments, software, or programs, in either machine or human readable form, any other tangible or intangible item relating to a computer, computer system, computer network, and copies of any of them. See Utah Code 76-6-702
- Computer system: means a set of related, connected or unconnected, devices, software, or other related computer equipment. See Utah Code 76-6-702
- Conduct: means an act or omission. See Utah Code 76-1-101.5
- Devise: To gift property by will.
- Identifying information: means a person's:
(12)(a)(i) social security number;(12)(a)(ii) driver license number;(12)(a)(iii) nondriver governmental identification number;(12)(a)(iv) bank account number;(12)(a)(v) student identification number;(12)(a)(vi) credit or debit card number;(12)(a)(vii) personal identification number;(12)(a)(viii) unique biometric data;(12)(a)(ix) employee or payroll number;(12)(a)(x) automated or electronic signature; or(12)(a)(xi) computer password. See Utah Code 76-6-702- Interactive computer service: means an information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including a service or system that provides access to the Internet or a system operated, or services offered, by a library or an educational institution. See Utah Code 76-6-702
- Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
- program: means a series of instructions or statements in a form acceptable to a computer, relating to the operations of the computer, or permitting the functioning of a computer system in a manner designed to provide results including system control programs, application programs, or copies of any of them. See Utah Code 76-6-702
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Service provider: means a telecommunications carrier, cable operator, computer hardware or software provider, or a provider of information service or interactive computer service. See Utah Code 76-6-702
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(1)(a) As used in this section, “sensitive personal identifying information” means the same as that term is defined in Section 76-10-1801.(1)(b) Terms defined in Sections 76-1-101.5 and 76-6-702 apply to this section.(2) An actor commits unlawful use of technology to defraud if the actor uses or knowingly allows another person to use a computer, computer network, computer property, or computer system, program, or software to devise or execute any artifice or scheme to defraud or to obtain money, property, a service, or other thing of value by a false pretense, promise, or representation.(3) A violation of Subsection (2) is:(3)(a) a class B misdemeanor if the value of the money, property, service, or thing obtained or sought to be obtained is less than $500;(3)(b) a class A misdemeanor if the value of the money, property, service, or thing obtained or sought to be obtained is or exceeds $500 but is less than $1,500;(3)(c) a third degree felony if the value of the money, property, service, or thing obtained or sought to be obtained is or exceeds $1,500 but is less than $5,000; or(3)(d) a second degree felony if:(3)(d)(i) the value of the money, property, service, or thing obtained or sought to be obtained is or exceeds $5,000; or(3)(d)(ii) the object or purpose of the artifice or scheme to defraud is the obtaining of sensitive personal identifying information, regardless of the value.(4)(4)(a) In accordance with 47 U.S.C. § 230, this section may not apply to, and nothing in this section may be construed to impose liability or culpability on, an interactive computer service for content provided by another person.(4)(b) This section does not affect, limit, or apply to any activity or conduct that is protected by the constitution or laws of this state, or by the constitution or laws of the United States.(5)(5)(a) An interactive computer service is not guilty of violating this section if a person violates this section using the interactive computer service and the interactive computer service did not knowingly assist the person to commit the violation.(5)(b) A service provider is not guilty of violating this section for:(5)(b)(i) action taken in relation to a customer of the service provider, for a legitimate business purpose, to install software on, monitor, or interact with the customer’s Internet or other network connection, service, or computer for network or computer security purposes, authentication, diagnostics, technical support, maintenance, repair, network management, updates of computer software or system firmware, or remote system management; or(5)(b)(ii) action taken, including scanning and removing computer software, to detect or prevent the following:(5)(b)(ii)(A) unauthorized or fraudulent use of a network, service, or computer software;(5)(b)(ii)(B) illegal activity; or(5)(b)(ii)(C) infringement of intellectual property rights.