S.B. 170

1

IDENTITY FRAUD AMENDMENTS
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Daniel W. Thatcher
5 House Sponsor: David E. Lifferth
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Utah Criminal Code by adding "photograph or realistic likeness"
10 to the list of personal identifying information that a person may use to commit identity
11 fraud.
12 Highlighted Provisions:
13 This bill:
14 . adds "photograph or realistic likeness" to the list of personal identifying information
15 that a person may use to commit identity fraud.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 76-6-1102, as last amended by Laws of Utah 2009, Chapter 164
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 76-6-1102 is amended to read:
26 76-6-1102. Identity fraud crime.
27 (1) As used in this part, "personal identifying information" may include:

28 (a) name;
29 (b) birth date;
30 (c) address;
31 (d) telephone number;
32 (e) drivers license number;
33 (f) Social Security number;
34 (g) place of employment;
35 (h) employee identification numbers or other personal identification numbers;
36 (i) mother's maiden name;
37 (j) electronic identification numbers;
38 (k) electronic signatures under Title 46, Chapter 4, Uniform Electronic Transactions
39 Act; [or]
40 (l) any other numbers or information that can be used to access a person's financial
41 resources or medical information, except for numbers or information that can be prosecuted as
42 financial transaction card offenses under Sections 76-6-506 through 76-6-506.4 [.]; or
43 (m) a photograph or any other realistic likeness.
44 (2) (a) A person is guilty of identity fraud when that person:
45 (i) obtains personal identifying information of another person whether that person is
46 alive or deceased; and
47 (ii) knowingly or intentionally uses, or attempts to use, that information with fraudulent
48 intent, including to obtain, or attempt to obtain, credit, goods, services, employment, any other
49 thing of value, or medical information.
50 (b) It is not a defense to a violation of Subsection (2)(a) that the person did not know
51 that the personal information belonged to another person.
52 (3) Identity fraud is:
53 (a) except as provided in Subsection (3)(b)(ii), a third degree felony if the value of the
54 credit, goods, services, employment, or any other thing of value is less than $5,000; or
55 (b) a second degree felony if:
56 (i) the value of the credit, goods, services, employment, or any other thing of value is
57 or exceeds $5,000; or
58 (ii) the use described in Subsection (2)(a)(ii) of personal identifying information

59 results, directly or indirectly, in bodily injury to another person.
60 (4) Multiple violations may be aggregated into a single offense, and the degree of the
61 offense is determined by the total value of all credit, goods, services, or any other thing of
62 value used, or attempted to be used, through the multiple violations.
63 (5) When a defendant is convicted of a violation of this section, the court shall order
64 the defendant to make restitution to any victim of the offense or state on the record the reason
65 the court does not find ordering restitution to be appropriate.
66 (6) Restitution under Subsection (5) may include:
67 (a) payment for any costs incurred, including attorney fees, lost wages, and
68 replacement of checks; and
69 (b) the value of the victim's time incurred due to the offense:
70 (i) in clearing the victim's credit history or credit rating;
71 (ii) in any civil or administrative proceedings necessary to satisfy or resolve any debt,
72 lien, or other obligation of the victim or imputed to the victim and arising from the offense; and
73 (iii) in attempting to remedy any other intended or actual harm to the victim incurred as
74 a result of the offense.




Legislative Review Note
as of 1-29-13 1:31 PM

Office of Legislative Research and General Counsel

[Bill Documents]