S.B. 190

1

CREDIT CARD AMENDMENTS
2 1998 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: David L. Buhler
5 AN ACT RELATING TO THE CRIMINAL CODE; ALLOWING THE AGGREGATION OF
6 THE VALUE OF PROPERTY OBTAINED IN MORE THAN ONE FINANCIAL
7 TRANSACTION CARD OFFENSE IN DETERMINING THE PENALTY.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 76-6-506.5, as last amended by Chapter 191, Laws of Utah 1997
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 76-6-506.5 is amended to read:
13 76-6-506.5. Financial transaction card offenses -- Classification.
14 (1) Any person found guilty of unlawful conduct described in Section 76-6-506.2,
15 76-6-506.4, or 76-6-506.6 [is guilty of] shall be punished for:
16 (a) a class B misdemeanor when the value of the property, money, or thing obtained or
17 sought to be obtained is less than $300;
18 (b) a class A misdemeanor when the value of the property, money, or thing obtained or
19 sought to be obtained is or exceeds $300 but is less than $1,000;
20 (c) a third degree felony when the value of the property, money, or thing obtained or
21 sought to be obtained is or exceeds $1,000 but is less than $5,000; and
22 (d) a second degree felony when the value of the property, money, or thing obtained or
23 sought to be obtained is or exceeds $5,000.
24 [(2) Each occurrence constituting such unlawful conduct is a separate offense.]
25 [(3)] (2) [The determination of the degree of any offense under this section shall be
26 measured by] Multiple violations of Subsection 76-6-506.2(1), Sections 76-6-506.4, and
27 76-6-506.6 may be aggregated into a single offense, and the degree of the offense is determined

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




Legislative Review Note
as of 2-3-98 2:57 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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