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Utah Code Title 76. Utah Criminal Code § 76-6-1105. Unlawful possession of another's identification documents

Current as of January 01, 2025 | Updated by Findlaw Staff

(1)(a) As used in this section:

(i)(A) “Identifying document” means:

(I) a government issued document commonly used for identification;

(II) a vehicle registration certificate; or

(III) any other document, image, data file, or medium containing personal identifying information as defined in Subsection 76-6-1101(1)(a).

(B) “Identifying document” includes:

(I) a counterfeit identifying document; or

(II) a document containing personal identifying information of a deceased individual.

(ii) “Possess” means to have physical control or electronic access.

(b) Terms defined in Sections 76-1-101.5 and 76-6-1101 apply to this section.

(2)(a) Under circumstances that do not constitute a violation of Section 76-6-502 or 76-6-1102, an actor commits unlawful possession of another's identification documents if the actor:

(i) obtains or possesses an identifying document:

(A) with knowledge that the actor is not entitled to obtain or possess the identifying document; or

(B) with intent to deceive or defraud; or

(ii) assists another person in obtaining or possessing an identifying document:

(A) with knowledge that the person is not entitled to obtain or possess the identifying document; or

(B) with knowledge that the person intends to use the identifying document to deceive or defraud.

(b) Under circumstances that do not constitute a violation of Section 76-6-502 or 76-6-1102, an actor commits unlawful possession of another's identification documents if the actor:

(i) obtains or possesses identifying documents of more than two, but fewer than 100, individuals:

(A) with knowledge that the individual is not entitled to obtain or possess the identifying documents; or

(B) with intent to deceive or defraud; or

(ii) assists another person in obtaining or possessing identifying documents of more than two, but fewer than 100, individuals:

(A) with knowledge that the person is not entitled to obtain or possess the multiple identifying documents; or

(B) with knowledge that the person intends to use the identifying documents to deceive or defraud.

(c) Under circumstances that do not constitute a violation of Section 76-6-502 or 76-6-1102, an actor commits unlawful possession of another's identification documents if the actor:

(i) obtains or possesses identifying documents of 100 or more individuals:

(A) with knowledge that the individual is not entitled to obtain or possess the identifying documents; or

(B) with intent to deceive or defraud; or

(ii) assists another person in obtaining or possessing identifying documents of 100 or more individuals:

(A) with knowledge that the person is not entitled to obtain or possess the identifying documents; or

(B) with knowledge that the person intends to use the identifying documents to deceive or defraud.

(3) A violation of:

(a) Subsection (2)(a) is a class A misdemeanor;

(b) Subsection (2)(b) is a third degree felony; or

(c) Subsection (2)(c) is a second degree felony.

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Cite this article: FindLaw.com - Utah Code Title 76. Utah Criminal Code § 76-6-1105. Unlawful possession of another's identification documents - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-76-utah-criminal-code/ut-code-sect-76-6-1105/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

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