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Can you summarize UTCO 76-6-506.2?
Fraud > Unlawful use of financial transaction card. (Effective 5/3/2023)
Short Summary
This section of the Utah Criminal Code governs the unlawful use of financial transaction cards. It applies to individuals who knowingly use a revoked, expired, stolen, or fraudulently obtained financial transaction card, or use a financial transaction card with the intent to defraud. The section outlines various actions that constitute unlawful use, including using a card to obtain credit, goods, property, or services, exceeding an authorized credit line, or presenting counterfeit or fictitious credit card sales drafts. The severity of the offense depends on the value of the property, money, or thing obtained or sought to be obtained. Violations can result in penalties ranging from a class B misdemeanor to a second degree felony. The court is required to determine that the card holder did not commit the crime in any prosecution under this section. Additionally, law enforcement officers acting within the scope of a criminal investigation are not subject to criminal or civil liability. The forfeiture of property under this section is subject to the procedures outlined in Title 77, Chapter 11a to 11c of the Utah Code.
Whom does it apply to?
Any individual who knowingly uses a revoked, expired, stolen, or fraudulently obtained financial transaction card, or uses a financial transaction card with the intent to defraud
What does it govern?
Unlawful use of financial transaction card
What are exemptions?
No exemptions are mentioned.
What are the Penalties?
Class B misdemeanor if the value of the property, money, or thing obtained or sought to be obtained is less than $500; Class A misdemeanor if the value is or exceeds $500 but is less than $1,500; Third degree felony if the value is or exceeds $1,500 but is less than $5,000; Second degree felony if the value is or exceeds $5,000
Jurisdiction
Utah