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S.B. 190 Enrolled

    

CREDIT CARD AMENDMENTS

    
1998 GENERAL SESSION

    
STATE OF UTAH

    
Sponsor: David L. Buhler

    AN ACT RELATING TO THE CRIMINAL CODE; ALLOWING THE AGGREGATION OF
    THE VALUE OF PROPERTY OBTAINED IN MORE THAN ONE FINANCIAL
    TRANSACTION CARD OFFENSE IN DETERMINING THE PENALTY.
    This act affects sections of Utah Code Annotated 1953 as follows:
    AMENDS:
         76-6-506.5, as last amended by Chapter 191, Laws of Utah 1997
    Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 76-6-506.5 is amended to read:
         76-6-506.5. Financial transaction card offenses -- Classification -- Multiple violations.
        (1) Any person found guilty of unlawful conduct described in Section 76-6-506.2,
    76-6-506.4, or 76-6-506.6 [is guilty of] shall be punished for:
        (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.
        [(2) Each occurrence constituting such unlawful conduct is a separate offense.]
        [(3)] (2) [The determination of the degree of any offense under this section shall be
    measured by] Multiple violations of Subsection 76-6-506.2(1), Sections 76-6-506.4, and
    76-6-506.6 may be aggregated into a single offense, and the degree of the offense is determined
    by the total value of all property, money, or things obtained or sought to be obtained [by the
    unlawful conduct] through the multiple violations.


    

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