H.B. 163 Enrolled

IDENTIFICATION NUMBER FRAUD
2000 GENERAL SESSION
STATE OF UTAH
Sponsor: Chad E. Bennion
AN ACT RELATING TO COMMERCE AND TRADE AND THE CRIMINAL CODE;
DEFINING AN IDENTIFICATION NUMBER; CREATING THE CRIME OF
IDENTIFICATION NUMBER FRAUD; PROVIDING A PENALTY; AND PROVIDING AN
EFFECTIVE DATE.
This act affects sections of Utah Code Annotated 1953 as follows:
ENACTS:
13-33-101, Utah Code Annotated 1953
76-6-523, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 13-33-101 is enacted to read:
CHAPTER 33. IDENTIFICATION NUMBERS
13-33-101. Identification number defined -- Use by others.
"Identification number" means a series of numbers, letters, symbols, a combination of them,
or any other information used to identify a person, account, business, agency, organization, or
transaction, which includes:
(1) Social Security numbers;
(2) drivers' license numbers;
(3) insurance, bank, or financial institution account numbers;
(4) personal identification codes;
(5) personal identification numbers;
(6) digital signatures and private keys as defined in Section 46-3-103 ; and
(7) any other numbers or information which can be used to access a person's personal
information or financial resources except for numbers or information that can be prosecuted as
financial transaction card offenses under Sections 76-6-506 through 76-6-506.4 .
Section 2. Section 76-6-523 is enacted to read:

76-6-523. Identification number fraud.
(1) As used in this section, "identification number" shall have the same meaning as in Section
13-33-101 .
(2) A person is guilty of identification number fraud if, not amounting to a violation of
another provision of law that carries a greater penalty, that person, without authorization and with
intent to defraud or deceive, possesses, acquires, uses, or divulges the identification number of
another.
(3) Identification number fraud is:
(a) a class B misdemeanor if the value of the credit, goods, services, or any other thing of
value is less than $300;
(b) a class A misdemeanor if:
(i) a value cannot be determined and the personal identifying information has been used to
obtain medical information in the name of the other person without the consent of that person; or
(ii) the value of the credit, goods, services, or any other thing of value is or exceeds $300 but
is less than $1,000;
(c) a third degree felony if the value of the credit, goods, services, or any other thing of value
is or exceeds $1,000 but is less than $5,000; or
(d) a second degree felony if the value of the credit, goods, services, or any other thing of
value is or exceeds $5,000.
(4) Multiple violations within a 90-day period 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 through the multiple violations.
Section 3. Effective date.
This act takes effect on July 1, 2000.


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