H.B. 17

1

COUNTERFEIT FINANCIAL TRANSACTION
2 CARD AMENDMENTS
3 1997 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Brent H. Goodfellow
6 AN ACT RELATING TO THE CRIMINAL CODE; CLARIFYING THAT MAKING,
7 POSSESSING, AND USING COUNTERFEIT FINANCIAL TRANSACTION CARDS IS A
8 FELONY; AND MAKING TECHNICAL CORRECTIONS.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 76-6-506.1, as last amended by Chapter 291, Laws of Utah 1995
12 76-6-506.3, as enacted by Chapter 96, Laws of Utah 1983
13 76-6-506.5, as last amended by Chapter 291, Laws of Utah 1995
14 Be it enacted by the Legislature of the state of Utah:
15 Section 1. Section 76-6-506.1 is amended to read:
16 76-6-506.1. Financial transaction card offenses -- Falsely making, coding, or signing
17 card -- Falsely signing evidence of card transaction.
18 Any person is guilty of a third degree felony who, with intent to defraud:
19 (1) counterfeits, falsely makes, embosses, or encodes magnetically or electronically any
20 financial transaction card;
21 (2) knowingly possesses any financial transaction card h PRODUCED OR ALTERED AS h
21a described in Subsection (1);
22 [(2)] (3) uses through carbon or other impressions or copies of credit card sales drafts or
23 through any other means, the account number or personal identification code of a card holder in
24 the creation of a fictitious or counterfeit credit card sales draft; or
25 [(3)] (4) signs the name of another or a fictitious name to a financial transaction card,
26 credit card sales draft, or any instrument for the payment of money which evidences a financial
27 transaction card transaction.

lilac-January 27, 1997

1 Section 2. Section 76-6-506.3 is amended to read:
2 76-6-506.3. Financial transaction card offenses -- Unlawful acquisition, possession,
3 or transfer of card.
4 [It is unlawful for any] Any person [to] is guilty of a third degree felony who:
5 (1) [Acquire] acquires a financial transaction card from another without the consent of the
6 card holder or the issuer, or, with the knowledge that it has been acquired without consent S , AND
6a WITH INTENT TO USE IT IN VIOLATION OF SECTION 76-6-506.2 s [,
7 receive];
8 (2) receives a financial transaction card with intent to use it in violation of Section
9 76-6-506.2[, or sell];
10 (3) sells or [transfer] transfers a financial transaction card to another person with the
11 knowledge that it will be used in violation of Section 76-6-506.2; or
12 [(2) Acquire] (4) (a) acquires a financial transaction card that [he] the person knows was
13 lost, mislaid, or delivered under a mistake as to the identity or address of the card holder[,]; and
14 [retain]
15 (b) (i) retains possession with intent to use it in violation of Section 76-6-506.2[,]; or [sell]
16 (ii) sells or [transfer] transfers a financial transaction card to another person with the
17 knowledge that it will be used in violation of Section 76-6-506.2.
18 Section 3. Section 76-6-506.5 is amended to read:
19 76-6-506.5. Financial transaction card offenses -- Classification.
20 (1) Any person found guilty of unlawful conduct described in Section 76-6-506.2,
21 [76-6-506.3], 76-6-506.4, or 76-6-506.6 is guilty of:
22 (a) a class B misdemeanor when the value of the property, money, or thing obtained or
23 sought to be obtained is less than $300;
24 (b) a class A misdemeanor when the value of the property, money, or thing obtained or
25 sought to be obtained is or exceeds $300 but is less than $1,000;
26 (c) a third degree felony when the value of the property, money, or thing obtained or
27 sought to be obtained is or exceeds $1,000 but is less than $5,000; and
28 (d) a second degree felony when the value of the property, money, or thing obtained or
29 sought to be obtained is or exceeds $5,000.
30 (2) Each occurrence constituting such unlawful conduct is a separate offense.
31 (3) The determination of the degree of any offense under this section shall be measured

Text Box

Amend on 3_goldenrod March 5, 1997 - 2 -

1 by the total value of all property, money, or things obtained or sought to be obtained by the
2 unlawful conduct.




Legislative Review Note
as of 10-2-96 3:17 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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