Utah Code 76-6-1102. Identity fraud
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(1) Terms defined in Sections 76-1-101.5 and 76-6-1101 apply to this section.
Terms Used In Utah Code 76-6-1102
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
- Bodily injury: means physical pain, illness, or any impairment of physical condition. See Utah Code 76-1-101.5
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Fraud: Intentional deception resulting in injury to another.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
- Person: means an individual, public or private corporation, government, partnership, or unincorporated association. 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.
- Restitution: means the same as that term is defined in Section 77-38b-102. See Utah Code 76-6-1101
(2) An actor commits identity fraud if the actor knowingly or intentionally uses, or attempts to use, the personal identifying information of another person, whether that person is alive or deceased, with fraudulent intent, including to obtain, or attempt to obtain, credit, goods, services, employment, any other thing of value, or medical information.
(3) A violation of Subsection (2) is:
(3)(a) except as provided in Subsection (3)(b)(ii), a third degree felony if the value of the credit, goods, services, employment, or any other thing of value is less than $5,000; or
(3)(b) a second degree felony if:
(3)(b)(i) the value of the credit, goods, services, employment, or any other thing of value is or exceeds $5,000; or
(3)(b)(ii) the use described in Subsection (2) of personal identifying information results, directly or indirectly, in bodily injury to another person.
(4)
(4)(a) It is not a defense to a violation of Subsection (2) that the actor did not know that the personal information belonged to another person.
(4)(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 credit, goods, services, or any other thing of value used, or attempted to be used, through the multiple violations.
(5)
(5)(a) If a defendant is convicted of a violation of this section, the court shall order the defendant to pay restitution in accordance with Title 77, Chapter 38b, Crime Victims Restitution Act.
(5)(b) Restitution under Subsection (5)(a) may include:
(5)(b)(i) payment for any costs incurred, including attorney fees, lost wages, and replacement of checks; and
(5)(b)(ii) the value of the victim’s time incurred due to the offense:
(5)(b)(ii)(A) in clearing the victim’s credit history or credit rating;
(5)(b)(ii)(B) in any civil or administrative proceedings necessary to satisfy or resolve any debt, lien, or other obligation of the victim or imputed to the victim and arising from the offense; and
(5)(b)(ii)(C) in attempting to remedy any other intended or actual harm to the victim incurred as a result of the offense.