76-6-409.1. Devices for theft of services -- Seizure and destruction -- Civil actions
for damages.
(1) A person may not knowingly:
(a) make or possess any instrument, apparatus, equipment, or device for the use of, or for
the purpose of, committing or attempting to commit theft under Section 76-6-409 or 76-6-409.3;
or
(b) sell, offer to sell, advertise, give, transport, or otherwise transfer to another any
information, instrument, apparatus, equipment, or device, or any information, plan, or instruction
for obtaining, making, or assembling the same, with intent that it be used, or caused to be used, to
commit or attempt to commit theft under Section 76-6-409 or 76-6-409.3.
(2) (a) Any information, instrument, apparatus, equipment, or device, or information,
plan, or instruction referred to in Subsection (1) may be seized pursuant to a court order, lawful
search and seizure, lawful arrest, or other lawful process.
(b) Upon the conviction of any person for a violation of any provision of this section, any
information, instrument, apparatus, equipment, device, plan, or instruction shall be destroyed as
contraband by the sheriff of the county in which the person was convicted.
(3) A person who violates any provision of Subsection (1) or (2) is guilty of a class A
misdemeanor.
(4) Criminal prosecutions under this section do not affect any person's right of civil action
for redress for damages suffered as a result of any violation of this section.
Amended by Chapter 38, 1987 General Session
Download Code Section Zipped WordPerfect 76_06_040901.ZIP 2,320 Bytes
Sections in this Chapter|Chapters in this Title|All Titles|Legislative Home Page
Last revised: Wednesday, July 23, 2008