76-6-1204 (Superseded 11/01/10) - Classification of offense.
76-6-1204 (Superseded 11/01/10). Classification of offense.
(1) Notwithstanding any other administrative, civil, or criminal penalties, a person whoviolates Section 76-6-1203 is guilty of a:
(a) class A misdemeanor when the value is or exceeds $300 but is less than $1,000;
(b) third degree felony when the value is or exceeds $1,000 but is less than $5,000;
(c) second degree felony when the value is or exceeds $5,000; and
(d) second degree felony when the object or purpose of the commission of an act ofmortgage fraud is the obtaining of sensitive personal identifying information, regardless of thevalue.
(2) The determination of the degree of any offense under Subsection (1) is measured bythe total value of all property, money, or things obtained or sought to be obtained by a violationof Section 76-6-1203, except as provided in Subsection (1)(d).
(3) Each residential or commercial property transaction offense under this partconstitutes a separate violation.
Amended by Chapter 211, 2009 General Session