Utah Code 76-6-1408. Falsification of seller’s statement to dealer
Current as of: 2024 | Check for updates
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(1) Terms defined in Sections 76-1-101.5 and 76-6-1402 apply to this section.
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 76-6-1408
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
- Dealer: means :(2)(a) a scrap metal processor or secondary metals dealer or recycler, but does not include:(2)(a)(i) junk dealers as defined in Section 76-6-1402;(2)(a)(ii) solid waste management facilities as defined in Section 19-6-502; or(2)(a)(iii) the following businesses that are authorized to accept delivery of used lead batteries for recycling under Sections 19-6-603, 19-6-604, and 19-6-605:(2)(a)(iii)(A) retailers;(2)(a)(iii)(B) wholesalers;(2)(a)(iii)(C) battery manufacturers; and(2)(a)(iii)(D) secondary lead smelters. See Utah Code 76-6-1402
- Regulated metal: includes :
(9)(b)(i) aluminum, brass, copper, lead, chromium, tin, nickel, or alloys of these metals, except under Subsection (9)(c), and lead that is a part of an automotive or industrial lead battery;(9)(b)(ii) property that is a regulated metal and that is owned by, and also identified by marking or other means as the property of:(9)(b)(ii)(A) a telephone, cable, electric, water, or other utility; or(9)(b)(ii)(B) a railroad company;(9)(b)(iii) unused and undamaged building construction materials made of metal or alloy, including:(9)(b)(iii)(A) copper pipe, tubing, or wiring; and(9)(b)(iii)(B) aluminum wire, siding, downspouts, or gutters;(9)(b)(iv) oil well rigs, including any part of the rig;(9)(b)(v) nonferrous materials, stainless steel, and nickel; and(9)(b)(vi) irrigation pipe. See Utah Code 76-6-1402(2) An actor commits falsification of seller’s statement to dealer if the actor:(2)(a) sells, offers to sell, or attempts to sell regulated metal; and(3)(3)(a)(3)(a)(i) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class B misdemeanor.(3)(a)(ii) An actor who is convicted of a class B misdemeanor under this section is subject to a mandatory fine of no less than $1,000.(3)(b)(3)(b)(i) A violation of Subsection (2) is a class A misdemeanor if the actor previously has been convicted of a violation of this section.(3)(b)(ii) An actor who is convicted of a class A misdemeanor under this section is subject to a mandatory fine of no less than $2,500. - Regulated metal: includes :