Utah Code 13-10-8. Failure to disclose the origin of a recording — Penalty
Current as of: 2024 | Check for updates
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(1) For purposes of this section “recording” means:
For details, see Utah Code § 76-3-203 and 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 |
|---|---|---|
| felony of the third degree | up to 5 years | up to $5,000 |
| 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 13-10-8
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5(1)(a) a tangible medium on which sounds or images are recorded or otherwise stored, including an original phonograph record, disc, tape, audio or video cassette, wire, film, or other similar medium; or(1)(b) a copy or reproduction that duplicates the original in whole or in part.
(2) A person is guilty of failure to disclose the origin of a recording if:
(2)(a) the person commits any of the following acts for commercial advantage or private financial gain:
(2)(a)(i) offers a recording for sale, resale, or rent;
(2)(a)(ii) sells, resells, rents, leases, or lends a recording; or
(2)(a)(iii) possesses a recording for any of the purposes described in Subsection (2)(a)(i) or (ii); and
(2)(b) the person knows that the recording does not contain the true name and address of the manufacturer in a prominent place on its cover, jacket, or label.
(3) A person who fails to disclose the origin of a recording under Subsection (2) is guilty of:
(3)(a) a felony of the third degree if the offense involves 100 or more recordings, or the commercial equivalent of 100 or more recordings, during a 180-day period or if the person has previously been convicted of a violation of this section;
(3)(b) a class A misdemeanor if the offense involves at least 10 recordings and fewer than 100 recordings, or the commercial equivalent of at least 10 recordings and fewer than 100 recordings, during a 180-day period; or
(3)(c) a class B misdemeanor if the offense involves fewer than 10 recordings or fewer than the commercial equivalent of 10 recordings.
(4) In addition to the penalties provided in Subsection (3), a court may order a person who commits a violation of Subsection (2) to forfeit any recordings in the person’s possession that served as the basis for the violation of Subsection (2).