Posts Tagged ‘identity fraud’

Identity Fraud in Utah

Utah Criminal Defense Blog, on the topic of  Utah Legal Definition
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Thanks to the digital age, the fear of identity fraud in Utah has generated a whole new industry. There are companies that specialize in protecting your credit, restoring your credit, and helping clean up the mess that the theft of your identity can leave behind.

Responding to evolving technology and public concerns about identity theft, the Utah legislature crafted an expansive law that criminalizes the misuse of someone’s personally identifying information.

The law goes beyond merely forbidding the use of someone’s identity to obtain credit. For example, if you use someone else’s personal information to obtain employment and you earn more than $5,000, it could be a second degree felony.

Or, if you use a person’s personal information to obtain their medical information, it could be a third degree felony.

Or, if you use someone else’s identity to sign up for cable TV, or internet service, or cell service, it could be a second or third degree felony.

So what does the law consider to be off-limits personal information? Besides obvious things such as name, birth date, address, telephone numbers, drivers license number, and Social Security number, it is illegal to misuse someone’s:

• Place of employment;

• Mother’s maiden name;

• Employee ID numbers;

• Electronic signature numbers; and

• Any other numbers used to access financial resources or medical information.

Authorities are bringing extra resources to the fight against identity theft. The United States Attorney’ s Office and the Utah Attorney General’s Office both have investigation, prevention, and prosecution programs focusing on identity fraud.

As a result, anyone finding themselves the focus of an identity theft investigation should immediately seek competent legal advice. The stakes are high and the issues are complicated. Don’t make things worse by procrastinating your decision to get smart help.

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.