UTAH CODE (Last Updated: January 16, 2015) |
Title 76. Utah Criminal Code |
Chapter 10. Offenses Against Public Health, Safety, Welfare, and Morals |
Part 18. Communications Fraud |
§ 76-10-1801. Communications fraud -- Elements -- Penalties.
Latest version.
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(2) The determination of the degree of any offense under Subsection (1) shall be measured by the total value of all property, money, or things obtained or sought to be obtained by the scheme or artifice described in Subsection (1) except as provided in Subsection (1)(e). (3) Reliance on the part of any person is not a necessary element of the offense described in Subsection (1). (4) An intent on the part of the perpetrator of any offense described in Subsection (1) to permanently deprive any person of property, money, or thing of value is not a necessary element of the offense. (5) Each separate communication made for the purpose of executing or concealing a scheme or artifice described in Subsection (1) is a separate act and offense of communication fraud. (6) (a) To communicate as described in Subsection (1) means to: (i) bestow, convey, make known, recount, or impart; (ii) give by way of information; (iii) talk over; or (iv) transmit information. (b) Means of communication include use of the mail, telephone, telegraph, radio, television, newspaper, computer, and spoken and written communication. (7) A person may not be convicted under this section unless the pretenses, representations, promises, or material omissions made or omitted were made or omitted intentionally, knowingly, or with a reckless disregard for the truth. (8) As used in this section, "sensitive personal identifying information" means information regarding an individual's: (a) Social Security number; (b) driver's license number or other government issued identification number; (c) financial account number or credit or debit card number; (d) password or personal identification number or other identification required to gain access to a financial account or a secure website; (e) automated or electronic signature; (f) unique biometric data; or (g) any other information that can be used to gain access to an individual's financial accounts or to obtain goods or services.
Amended by Chapter 193, 2010 General Session