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7 LONG TITLE
8 General Description:
9 This bill modifies the Utah Criminal Code regarding offenses against property.
10 Highlighted Provisions:
11 This bill:
12 ▸ modifies an offense regarding an identification document to provide that the
13 possession of a stolen or forged identification document with the intent to transfer
14 the document is an offense, in addition to the current offense of the actual transfer
15 of a stolen or forged identification document.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 76-6-501, as last amended by Laws of Utah 2015, Chapter 258
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24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 76-6-501 is amended to read:
26 76-6-501. Forgery and producing false identification -- Elements of offense --
27 Definitions.
28 (1) As used in this part:
29 (a) "Authentication feature" means any hologram, watermark, certification, symbol,
30 code, image, sequence of numbers or letters, or other feature that either individually or in
31 combination with another feature is used by the issuing authority on an identification
32 document, document-making implement, or means of identification to determine if the
33 document is counterfeit, altered, or otherwise falsified.
34 (b) "Document-making implement" means any implement, impression, template,
35 computer file, computer disc, electronic device, computer hardware or software, or scanning,
36 printing, or laminating equipment that is specifically configured or primarily used for making
37 an identification document, a false identification document, or another document-making
38 implement.
39 (c) "False authentication feature" means an authentication feature that:
40 (i) is genuine in origin but that, without the authorization of the issuing authority, has
41 been tampered with or altered for purposes of deceit;
42 (ii) is genuine, but has been distributed, or is intended for distribution, without the
43 authorization of the issuing authority and not in connection with a lawfully made identification
44 document, document-making implement, or means of identification to which the authentication
45 feature is intended to be affixed or embedded by the issuing authority; or
46 (iii) appears to be genuine, but is not.
47 (d) "False identification document" means a document of a type intended or commonly
48 accepted for the purposes of identification of individuals, and that:
49 (i) is not issued by or under the authority of a governmental entity or was issued under
50 the authority of a governmental entity but was subsequently altered for purposes of deceit; and
51 (ii) appears to be issued by or under the authority of a governmental entity.
52 (e) "Governmental entity" means the United States government, a state, a political
53 subdivision of a state, a foreign government, a political subdivision of a foreign government, an
54 international governmental organization, or a quasi-governmental organization.
55 (f) "Identification document" means a document made or issued by or under the
56 authority of a governmental entity, which, when completed with information concerning a
57 particular individual, is of a type intended or commonly accepted for the purpose of
58 identification of individuals.
59 (g) "Issuing authority" means:
60 (i) any governmental entity that is authorized to issue identification documents, means
61 of identification, or authentication features; or
62 (ii) a business organization or financial institution or its agent that issues a financial
63 transaction card as defined in Section 76-6-506.
64 (h) "Means of identification" means any name or number that may be used, alone or in
65 conjunction with any other information, to identify a specific individual, including:
66 (i) name, social security number, date of birth, government issued driver license or
67 identification number, alien registration number, government passport number, or employer or
68 taxpayer identification number;
69 (ii) unique biometric data, such as fingerprint, voice print, retina or iris image, or other
70 unique physical representation; or
71 (iii) unique electronic identification number, address, or routing code.
72 (i) "Personal identification card" means an identification document issued by a
73 governmental entity solely for the purpose of identification of an individual.
74 (j) "Produce" includes altering, authenticating, or assembling.
75 (k) "State" includes any state of the United States, the District of Columbia, the
76 Commonwealth of Puerto Rico, and any other commonwealth, possession, or territory of the
77 United States.
78 (l) "Traffic" means to:
79 (i) transport, transfer, or otherwise dispose of an item to another, as consideration for
80 anything of value; or
81 (ii) make or obtain control of with intent to transport, transfer, or otherwise dispose of
82 an item to another.
83 (m) "Writing" includes printing, electronic storage or transmission, or any other
84 method of recording valuable information including forms such as:
85 (i) checks, tokens, stamps, seals, credit cards, badges, trademarks, money, and any
86 other symbols of value, right, privilege, or identification;
87 (ii) a security, revenue stamp, or any other instrument or writing issued by a
88 government or any agency; or
89 (iii) a check, an issue of stocks, bonds, or any other instrument or writing representing
90 an interest in or claim against property, or a pecuniary interest in or claim against any person or
91 enterprise.
92 (2) A person is guilty of forgery if, with purpose to defraud anyone, or with knowledge
93 that the person is facilitating a fraud to be perpetrated by anyone, the person:
94 (a) alters any writing of another without his authority or utters the altered writing; or
95 (b) makes, completes, executes, authenticates, issues, transfers, publishes, or utters any
96 writing so that the writing or the making, completion, execution, authentication, issuance,
97 transference, publication, or utterance:
98 (i) purports to be the act of another, whether the person is existent or nonexistent;
99 (ii) purports to be an act on behalf of another party with the authority of that other
100 party; or
101 (iii) purports to have been executed at a time or place or in a numbered sequence other
102 than was in fact the case, or to be a copy of an original when an original did not exist.
103 (3) It is not a defense to a charge of forgery under Subsection (2)(b)(ii) if an actor signs
104 his own name to the writing if the actor does not have authority to make, complete, execute,
105 authenticate, issue, transfer, publish, or utter the writing on behalf of the party for whom the
106 actor purports to act.
107 (4) A person is guilty of producing or transferring any false identification document
108 who:
109 (a) knowingly and without lawful authority produces, attempts, or conspires to produce
110 an identification document, authentication feature, or a false identification document that is or
111 appears to be issued by or under the authority of an issuing authority;
112 (b) transfers, or possesses with intent to transfer, an identification document,
113 authentication feature, or a false identification document knowing that the document or feature
114 was stolen or produced without lawful authority;
115 (c) produces, transfers, or possesses a document-making implement or authentication
116 feature with the intent that the document-making implement or the authentication feature be
117 used in the production of a false identification document or another document-making
118 implement or authentication feature; or
119 (d) traffics in false or actual authentication features for use in false identification
120 documents, document-making implements, or means of identification.
121 (5) A person who violates:
122 (a) Subsection (2) is guilty of a third degree felony; and
123 (b) Subsection (4) is guilty of a second degree felony.
124 (6) This part may not be construed to impose criminal or civil liability on any law
125 enforcement officer acting within the scope of a criminal investigation.
126 (7) The forfeiture of property under this part, including any seizure and disposition of
127 the property and any related judicial or administrative proceeding, shall be conducted in
128 accordance with Title 24, Forfeiture and Disposition of Property Act.
129 (8) The court shall order, in addition to the penalty prescribed for any person convicted
130 of a violation of this section, the forfeiture and destruction or other disposition of all illicit
131 authentication features, identification documents, false transaction cards, document-making
132 implements, or means of identification.
Legislative Review Note
Office of Legislative Research and General Counsel