Utah Criminal Legal Definition: Identity Theft

Jesse Nix, Utah Criminal Defense Lawyer, on the topic of  Utah Legal Definition
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Identify theft in Utah is defined as obtaining the personal identifying information of another person and using it with a fraudulent intent.  The types of personal identifying information that the statute includes are:

•    name
•    birth date
•    address
•    telephone number
•    drivers license number
•    Social Security number
•    place of employment
•    employee identification numbers or other personal identification numbers
•    mother’s maiden name
•    electronic identification numbers

If a person gets that information, legally or illegally, and uses it fraudulently, then they can be charged under the statute.  Utah doesn’t require that a person actually use the information.  The statute says that if a person uses it or attempts to use it, they can be prosecuted.  The person must use or attempt to use the information to obtain credit, goods, services, employment, medical information, or anything else of value.

Identify theft is a third-degree felony if the thing value attempting to be stolen or actually stolen is less than $5000.  It is a second-degree felony if that amount is over $5000.

Utah Code § 76-6-1102(2): Identity Fraud Crime
(a) A person is guilty of identity fraud when that person: (i) obtains personal identifying information of another person whether that person is alive or deceased; and (ii) knowingly or intentionally uses, or attempts to use, that information with fraudulent intent, including to obtain, or attempt to obtain, credit, goods, services, employment, any other thing of value, or medical information.

If you have been charged with Identity Theft, then you need to contact a top Utah criminal attorney that can help you fight this charge.

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