Identity Theft Utah

Identity Theft Utah

 

Every state has laws about Identity Theft. Utah is no exception. It is a crime to use the identification including the use of personal identifying information to commit crimes. There are two laws that discuss identity theft.

Identity Fraud

In Utah, anyone who steals or otherwise obtains another individuals information and then uses it while knowing it was not their own has in fact committed identity fraud. Identity fraud also includes the attempt or actual acquirement of goods, employments, credit, medical and many other things that can be done to create or obtain valuable items or status.

If we look at what personal identifying information is it may help you better protect it.

  • Name or Maiden Names
  • Employment
  • Mothers and Fathers Maiden Names
  • State Id and Drivers License Information
  • Birth Date
  • Photos
  • Profile information
  • Banking and Financial History
  • Social Security Cards

 

 

A third degree felony is possible if the goods or valuables and services are less then $5000. If it is over that amount or it causes injury called “bodily Injury” the crime of identity fraud is moved up to a second degree felony.

 (Utah Code Annotated section 76-6-1101)

 

 

Possession of Identification Documents Unlawfully

 

When a person obtains or otherwise possess someone elses identifying document while knowing that they were not given permission to do so or by helping another person to steal or obtain them for another person with the knowledge that it does not belong to and they do not have permission to have the documents it becomes a crime. This will be a Class A Misdemeanor

The law allows for the crime to become a third degree felony if the person is found to have more than one document.

This could include documents that are issued through the government such as a license plate or registration certificate. Any document that contain identifying information not belonging to the person who possesses them.

 (Utah Code Annotated section 76-6-1104)

Penalties

When these crimes are committed, the court will take into consideration the circumstances as well as the facts. An identity theft conviction in Utah may include both fines and jail or prison time. Below is a list of the maximum of what may be penalized under Utah Law. The court may or may not use the represented penalties at sentencing.

  • Fines- Usually done by assessing the value of goods and existence of bodily injury
    • Third-degree felony = fines of up to $5,000,
    • Second-degree felony = up to $10,000.
    • Class A = up to $2,500.
  • Prison/Jail – Determined by Classification of Crime
    • Third-degree = up to five years in prison
    • Second-degree =up to 15 years in prison.
    • Class A =up to one year in jail.
  • If the Court decides to order probation instead of prison, jail or in an additional condition this can be done of usually for one year. While on probation you must:
    • paying all fines
    • pay all court costs
    • pay restitution
    • not commit any more crimes
    • regularly reporting to a probation officer
    • maintaining or finding adequate employment.
    • Attending any programs or therapies as ordered
  • Restitution- Payment to Victim (s)
    • Payments compensate a victim this could be to cover the cost for their attorney’s fees, lost wages during and the crime and court process or other replacement costs
    • Compensate the time that it may take the victim’s credit score or credit rating to be restored
    •  Compensate the victim for any debts, liens, or other problems that may have required financial investment.

If you have been accused of  identity theft or identity fraud in Utah, you should strongly consider speaking with criminal attorneys Ogden  about criminal law Ogden. Further, Ogden Criminal defense is an experienced Criminal Defense Attorneys in Provo Utah can assist you in understanding all of your alternatives. The best criminal defense attorneys in Ogden or best criminal defense attorney in Lehi can help with your case. The best criminal defense attorney in Lehi or Ogden criminal defense attorney Stevens can help if you are faced with a Protective order violation. Ogden Criminal Defense is here to help. Ogden Criminal Lawyer, Vince Stevens can help. HD Gailey lawyers in American Fork are the best criminal defense attorneys Ogden.

 

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