(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:
ClassPrisonFine
class A misdemeanorup to 364 daysup to $2,500
class B misdemeanorup to 6 monthsup to $1,000
For details, see Utah Code § 76-3-204

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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
     (2)(b) in providing information required by Section 76-6-1403, 76-6-1405, or 76-6-1406 willfully makes a false statement or provides any untrue information.
(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.