§ 76-6-1204. Classification of offense.

(1) Notwithstanding any other administrative, civil, or criminal penalties, a person who violates Section 76-6-1203 is guilty of a:

(a) class A misdemeanor when the value is or exceeds $500 but is less than $1,500;

(b) third degree felony when the value is or exceeds $1,500 but is less than $5,000;

(c) second degree felony when the value is or exceeds $5,000; and

(d) second degree felony when the object or purpose of the commission of an act of mortgage fraud is the obtaining of sensitive personal identifying information, regardless of the value.

(2) The determination of the degree of any offense under Subsection (1) is measured by the total value of all property, money, or things obtained or sought to be obtained by a violation of Section 76-6-1203, except as provided in Subsection (1)(d).

(3) Each residential or commercial property transaction offense under this part constitutes a separate violation.

Amended by Chapter 193, 2010 General Session