H.B. 17 Enrolled

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

76-6-506.3. Financial transaction card offenses -- Unlawful acquisition, possession, or
transfer of card.
[It is unlawful for any] Any person [to] is guilty of a third degree felony who:
(1) [Acquire] acquires a financial transaction card from another without the consent of the
card holder or the issuer, or, with the knowledge that it has been acquired without consent, [receive]
and with intent to use it in violation of Section 76-6-506.2;
(2) receives a financial transaction card with intent to use it in violation of Section
76-6-506.2[, or sell];
(3) sells or [transfer] transfers a financial transaction card to another person with the
knowledge that it will be used in violation of Section 76-6-506.2; or
[(2) Acquire] (4) (a) acquires a financial transaction card that [he] the person knows was
lost, mislaid, or delivered under a mistake as to the identity or address of the card holder[,]; and
[retain]
(b) (i) retains possession with intent to use it in violation of Section 76-6-506.2[,]; or [sell]
(ii) sells or [transfer] transfers a financial transaction card to another person with the
knowledge that it will be used in violation of Section 76-6-506.2.
Section 3. Section 76-6-506.5 is amended to read:
76-6-506.5. Financial transaction card offenses -- Classification.
(1) Any person found guilty of unlawful conduct described in Section 76-6-506.2,
[76-6-506.3], 76-6-506.4, or 76-6-506.6 is guilty of:
(a) a class B misdemeanor when the value of the property, money, or thing obtained or
sought to be obtained is less than $300;
(b) a class A misdemeanor when the value of the property, money, or thing obtained or
sought to be obtained is or exceeds $300 but is less than $1,000;
(c) a third degree felony when the value of the property, money, or thing obtained or sought
to be obtained is or exceeds $1,000 but is less than $5,000; and
(d) a second degree felony when the value of the property, money, or thing obtained or
sought to be obtained is or exceeds $5,000.

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(2) Each occurrence constituting such unlawful conduct is a separate offense.
(3) The determination of the degree of any offense under this section shall be measured by
the total value of all property, money, or things obtained or sought to be obtained by the unlawful
conduct.

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