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First Substitute S.B. 75
Senator Gene Davis proposes to substitute the following bill:
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IDENTITY FRAUD
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Gene Davis
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AN ACT RELATING TO CRIMINAL CODE; AMENDING AUTHORITY OF THE DIVISION
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OF CONSUMER PROTECTION; MODIFYING DEFINITIONS; AMENDING THE
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CONSUMER SALES PRACTICES ACT; CREATING THE CRIMINAL OFFENSE OF
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IDENTITY FRAUD AND SPECIFYING EXCEPTIONS; PROVIDING INVESTIGATIVE AND
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PROSECUTORIAL POWERS, JURISDICTION, AND PUNISHMENT; AND PROVIDING
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THAT COURT MAKE APPROPRIATE FINDINGS THAT A PERSON WHOSE IDENTITY OR
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FINANCIAL TRANSACTION CARD WAS USED WITHOUT CONSENT TO COMMIT A
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CRIME DID NOT COMMIT THE CRIME.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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13-11-3, as last amended by Chapter 105, Laws of Utah 1987
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76-6-506.5, as last amended by Chapter 64, Laws of Utah 1998
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ENACTS:
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13-11-4.5, Utah Code Annotated 1953
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76-6-1101, Utah Code Annotated 1953
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76-6-1102, Utah Code Annotated 1953
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76-6-1103, Utah Code Annotated 1953
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76-6-1104, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
13-11-3
is amended to read:
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13-11-3. Definitions.
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As used in this chapter:
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(1) "Charitable solicitation" means any request directly or indirectly for money, credit,
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property, financial assistance, or any other thing of value on the plea or representation that it will
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be used for a charitable purpose. A charitable solicitation may be made in any manner, including:
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(a) any oral or written request, including a telephone request;
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(b) the distribution, circulation, or posting of any handbill, written advertisement, or
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publication;
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(c) the sale of, offer or attempt to sell, or request of donations for any book, card, chance,
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coupon, device, magazine, membership, merchandise, subscription, ticket, flower, flag, button,
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sticker, ribbon, token, trinket, tag, souvenir, candy, or any other article in connection with which
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any appeal is made for any charitable purpose, or where the name of any charitable organization
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or movement is used or referred to as an inducement or reason for making any purchase donation,
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or where, in connection with any sale or donation, any statement is made that the whole or any part
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of the proceeds of any sale or donation will go to or be donated to any charitable purpose. A
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charitable solicitation is considered complete when made, whether or not the organization or
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person making the solicitation receives any contribution or makes any sale.
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(2) "Consumer transaction" means a sale, lease, assignment, award by chance, or other
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written or oral transfer or disposition of goods, services, or other property, both tangible and
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intangible (except securities and insurance), including the use or misuse of personal identifying
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information of any person in relation to a consumer transaction to, or apparently to, a person for
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primarily personal, family, or household purposes, or for purposes that relate to a business
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opportunity that requires both his expenditure of money or property and his personal services on
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a continuing basis and in which he has not been previously engaged, or a solicitation or offer by
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a supplier with respect to any of these transfers or dispositions. It includes any offer or solicitation,
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any agreement, any performance of an agreement with respect to any of these transfers or
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dispositions, and any charitable solicitation as defined in this section.
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(3) "Enforcing authority" means the Division of Consumer Protection.
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(4) "Final judgment" means a judgment, including any supporting opinion, that determines
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the rights of the parties and concerning which appellate remedies have been exhausted or the time
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for appeal has expired.
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(5) "Person" means an individual, corporation, government, governmental subdivision or
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agency, business trust, estate, trust, partnership, association, cooperative, or any other legal entity.
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(6) "Supplier" means a seller, lessor, assignor, offeror, broker, or other person who
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regularly solicits, engages in, or enforces consumer transactions, whether or not he deals directly
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with the consumer.
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Section 2.
Section
13-11-4.5
is enacted to read:
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13-11-4.5. Deceptive act or practice by person other than a supplier.
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(1) A deceptive act or practice by a person other than a supplier in connection with a
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consumer transaction violates this chapter when it occurs before, during, or after the transaction.
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(2) Without limiting the scope of Subsection (1), a person other than a supplier commits
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a deceptive act or practice if the person knowingly or intentionally, with fraudulent intent, obtains
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or records personal identifying information which would assist in accessing the financial resources
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or medical information in the name of another person or accesses or attempts to access the
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financial resources or medical information in the name of another person through the use of
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personal identifying information as defined in Title, 76, Chapter 6, Part 11, Identity Fraud Act.
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Section 3.
Section
76-6-506.5
is amended to read:
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76-6-506.5. Financial transaction card offenses -- Classification -- Multiple
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violations.
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(1) Any person found guilty of unlawful conduct described in Section
76-6-506.2
,
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76-6-506.4
, or
76-6-506.6
shall be punished for:
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(a) a class B misdemeanor when the value of the property, money, or thing obtained or
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sought to be obtained is less than $300;
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(b) a class A misdemeanor when the value of the property, money, or thing obtained or
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sought to be obtained is or exceeds $300 but is less than $1,000;
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(c) a third degree felony when the value of the property, money, or thing obtained or
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sought to be obtained is or exceeds $1,000 but is less than $5,000; and
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(d) a second degree felony when the value of the property, money, or thing obtained or
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sought to be obtained is or exceeds $5,000.
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(2) Multiple violations of Subsection
76-6-506.2
(1), Sections
76-6-506.4
, and
76-6-506.6
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may be aggregated into a single offense, and the degree of the offense is determined by the total
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value of all property, money, or things obtained or sought to be obtained through the multiple
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violations.
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(3) The court shall make appropriate findings in any prosecution under this section that
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the card holder did not commit the crime if:
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(a) another person uses the financial transaction card without the card holder's consent; and
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(b) that person commits a crime in addition to a financial transaction card offense with the
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card holder's financial transaction card.
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Section 4.
Section
76-6-1101
is enacted to read:
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Part 11. Identity Fraud Act
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76-6-1101. Identity fraud.
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This part is known as the "Identity Fraud Act."
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Section 5.
Section
76-6-1102
is enacted to read:
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76-6-1102. Identity fraud crime.
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(1) For purposes of this part, "personal identifying information" may include:
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(a) name;
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(b) address;
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(c) telephone number;
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(d) driver's license number;
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(e) Social Security number;
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(f) place of employment;
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(g) employee identification numbers or other personal identification numbers;
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(h) mother's maiden name;
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(i) electronic identification numbers;
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(j) digital signatures or a private key; or
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(k) any other numbers or information that can be used to access a person's financial
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resources or medical information in the name of another person without the consent of that person
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except for numbers or information that can be prosecuted as financial transaction card offenses
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under Sections
76-6-506
through
76-6-506.4
.
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(2) A person is guilty of identity fraud when that person knowingly or intentionally:
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(a) obtains personal identifying information of another person without the authorization
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of that person; and
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(b) uses, or attempts to use, that information with fraudulent intent, including to obtain,
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or attempt to obtain, credit, goods, services, any other thing of value, or medical information in the
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name of another person without the consent of that person.
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(3) Identity fraud is:
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(a) a class B misdemeanor if the value of the credit, goods, services, or any other thing of
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value is less than $300;
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(b) a class A misdemeanor if:
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(i) a value cannot be determined and the personal identifying information has been used
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to obtain medical information in the name of another person without the consent of that person;
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or
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(ii) the value of the credit, goods, services, or any other thing of value is or exceeds $300
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but is less than $1,000;
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(c) a third degree felony if the value of the credit, goods, services, or any other thing of
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value is or exceeds $1,000 but is less than $5,000; or
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(d) a second degree felony if the value of the credit, goods, services, or any other thing of
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value is or exceeds $5,000.
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(4) Multiple violations within a 90-day period may be aggregated into a single offense, and
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the degree of the offense is determined by the total value of all credit, goods, services, or any other
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thing of value used, or attempted to be used, through the multiple violations.
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Section 6.
Section
76-6-1103
is enacted to read:
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76-6-1103. Investigation, jurisdiction, and prima facie evidence of violation.
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(1) In any criminal proceeding brought pursuant to this section, the crime shall be
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considered to have been committed in any county in which any part of the identity fraud took
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place, regardless of whether the defendant was ever actually in that county.
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(2) The Division of Consumer Protection has responsibility for investigating violations of
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this part.
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(3) A criminal conviction under this part is prima facie evidence of a violation of Section
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13-11-4
, of the Utah Consumer Sales Practices Act.
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(4) Any violation of this part constitutes a violation of Section
13-11-4
, of the Utah
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Consumer Sales Practices Act.
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Section 7.
Section
76-6-1104
is enacted to read:
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76-6-1104. Court records.
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In any case in which a person commits identify fraud and uses the personal identifying
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information obtained to commit a crime in addition to the identity fraud, the court shall make
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appropriate findings in any prosecution of such a crime that the person whose identity was falsely
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used to commit the crime did not commit the crime.
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