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H.B. 163
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5 AN ACT RELATING TO COMMERCE AND TRADE AND THE CRIMINAL CODE;
6 DEFINING AN IDENTIFICATION NUMBER; CREATING THE CRIME OF
7 IDENTIFICATION NUMBER FRAUD; PROVIDING A PENALTY; AND PROVIDING AN
8 EFFECTIVE DATE.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 ENACTS:
11 13-33-101, Utah Code Annotated 1953
12 76-6-523, Utah Code Annotated 1953
13 Be it enacted by the Legislature of the state of Utah:
14 Section 1. Section 13-33-101 is enacted to read:
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16 13-33-101. Identification number defined -- Use by others.
17 "Identification number" means a series of numbers, letters, symbols, a combination of
18 them, or any other information used to identify a person, account, business, agency, organization,
19 or transaction, which includes:
20 (1) Social Security numbers;
21 (2) drivers' license numbers;
22 (3) insurance, bank, or financial institution account numbers;
23 (4) personal identification codes;
24 (5) personal identification numbers;
25 (6) digital signatures h AND PRIVATE KEYS AS DEFINED IN SECTION 46-3-103 h ; and
26 (7) any other numbers or information which can be used to access a person's personal
27 information or financial resources except for numbers or information that can be prosecuted as
28 financial transaction card offenses under Sections 76-6-506 through 76-6-506.4 .
29 Section 2. Section 76-6-523 is enacted to read:
30 76-6-523. Identification number fraud.
31 (1) As used in this section, "identification number" shall have the same meaning as in
32 Section 13-33-101 .
33 (2) A person is guilty of identification number fraud if, not amounting to a violation of
34 another provision of law that carries a greater penalty, that person, without authorization and with
35 intent to defraud or deceive, possesses, acquires, uses, or divulges the identification number of
36 another.
37 (3) Identification number fraud is:
38 (a) a class B misdemeanor if the value of the credit, goods, services, or any other thing of
39 value is less than $300;
40 (b) a class A misdemeanor if:
41 (i) a value cannot be determined and the personal identifying information has been used
42 to obtain medical information in the name of the other person without the consent of that person;
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44 (ii) the value of the credit, goods, services, or any other thing of value is or exceeds $300
45 but is less than $1,000;
46 (c) a third degree felony if the value of the credit, goods, services, or any other thing of
47 value is or exceeds $1,000 but is less than $5,000; or
48 (d) a second degree felony if the value of the credit, goods, services, or any other thing of
49 value is or exceeds $5,000.
50 (4) Multiple violations within a 90-day period may be aggregated into a single offense, and
51 the degree of the offense is determined by the total value of all property, money, or things obtained
52 or sought to be obtained through the multiple violations.
53 Section 3. Effective date.
54 This act takes effect on July 1, 2000.
Legislative Review Note
as of 11-1-99 7:46 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.
Office of Legislative Research and General Counsel
Committee Note
The Judiciary and Public Utilities and Technology Interim Committees recommended this bill.
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