76-10-1801 (Superseded 11/01/10) - Communications fraud -- Elements -- Penalties.
76-10-1801 (Superseded 11/01/10). Communications fraud -- Elements -- Penalties.
(1) Any person who has devised any scheme or artifice to defraud another or to obtainfrom another money, property, or anything of value by means of false or fraudulent pretenses,representations, promises, or material omissions, and who communicates directly or indirectlywith any person by any means for the purpose of executing or concealing the scheme or artifice isguilty of:
(a) a class B misdemeanor when the value of the property, money, or thing obtained orsought to be obtained is less than $300;
(b) a class A misdemeanor when the value of the property, money, or thing obtained orsought to be obtained is or exceeds $300 but is less than $1,000;
(c) a third degree felony when the value of the property, money, or thing obtained orsought to be obtained is or exceeds $1,000 but is less than $5,000;
(d) a second degree felony when the value of the property, money, or thing obtained orsought to be obtained is or exceeds $5,000; and
(e) a second degree felony when the object or purpose of the scheme or artifice todefraud is the obtaining of sensitive personal identifying information, regardless of the value.
(2) The determination of the degree of any offense under Subsection (1) shall bemeasured by the total value of all property, money, or things obtained or sought to be obtained bythe scheme or artifice described in Subsection (1) except as provided in Subsection (1)(e).
(3) Reliance on the part of any person is not a necessary element of the offense describedin Subsection (1).
(4) An intent on the part of the perpetrator of any offense described in Subsection (1) topermanently deprive any person of property, money, or thing of value is not a necessary elementof the offense.
(5) Each separate communication made for the purpose of executing or concealing ascheme or artifice described in Subsection (1) is a separate act and offense of communicationfraud.
(6) (a) To communicate as described in Subsection (1) means to:
(i) bestow, convey, make known, recount, or impart;
(ii) give by way of information;
(iii) talk over; or
(iv) transmit information.
(b) Means of communication include use of the mail, telephone, telegraph, radio,television, newspaper, computer, and spoken and written communication.
(7) A person may not be convicted under this section unless the pretenses,representations, promises, or material omissions made or omitted were made or omittedintentionally, knowingly, or with a reckless disregard for the truth.
(8) As used in this section, "sensitive personal identifying information" meansinformation regarding an individual's:
(a) Social Security number;
(b) driver's license number or other government issued identification number;
(c) financial account number or credit or debit card number;
(d) password or personal identification number or other identification required to gainaccess to a financial account or a secure website;
(e) automated or electronic signature;
(f) unique biometric data; or
(g) any other information that can be used to gain access to an individual's financialaccounts or to obtain goods or services.
Amended by Chapter 211, 2009 General Session