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Utah Code Title 76. Utah Criminal Code § 76-6-409.6. Use of telecommunication device to avoid lawful charge for service

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

(1) Terms defined in Sections 76-1-101.5 and 76-6-409.5 apply to this section.

(2) An actor commits use of a telecommunication device to avoid lawful charge for service if the actor uses a telecommunication device:

(a) with the intent to avoid the payment of a lawful charge for telecommunication service; or

(b) with the knowledge that the use of the telecommunication device was to avoid the payment of a lawful charge for telecommunication service.

(3)(a) A violation of Subsection (2) is:

(i) a class B misdemeanor, if the value of the telecommunication service is less than $300 or cannot be ascertained;

(ii) a class A misdemeanor, if the value of the telecommunication service charge is or exceeds $300 but is not more than $1,000;

(iii) a third degree felony, if the value of the telecommunication service is or exceeds $1,000 but is not more than $5,000; or

(iv) a second degree felony, if:

(A) the value of the telecommunication service is or exceeds $5,000;

(B) the cloned cellular telephone was used to facilitate the commission of a felony; or

(C) the actor previously has been convicted of a violation of this section.

(b) An actor who violates this section is subject to the restitution and civil action provisions described in Section 76-6-409.10.

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Cite this article: FindLaw.com - Utah Code Title 76. Utah Criminal Code § 76-6-409.6. Use of telecommunication device to avoid lawful charge for service - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-76-utah-criminal-code/ut-code-sect-76-6-409-6/

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