Utah criminal charge
Obtaining encoded information on a financial transaction card with the intent to defraud the issuer, holder, or merchant in Utah
Obtaining encoded information on a financial transaction card with the intent to defraud the issuer, holder, or merchant is a criminal offense under Utah law, defined by Utah Code Ann. § 76-6-506.7. Its classification is not fixed: Utah assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Utah Code Ann. § 76-6-506.7.
What is the penalty for obtaining encoded information on a financial transaction card with the intent to defraud the issuer, holder, or merchant in Utah?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 5 years (Obtaining encoded card information - first offense — A violation of Subsection (2) is a third degree felony, except as otherwise provided for repeat offenders in (3)(b).; indeterminate prison term, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole) | discretionary | Utah Code Ann. § 76-3-203 |
| Fine | up to $5,000 (Obtaining encoded card information - first offense — A violation of Subsection (2) is a third degree felony, except as otherwise provided for repeat offenders in (3)(b).; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
| Jail / prison | 1 years to 15 years (Obtaining encoded card information - second or subsequent conviction — An actor previously convicted of an offense under Subsection (2) is guilty of a second degree felony upon a second or any subsequent conviction for the offense.; indeterminate prison term, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole) | discretionary | Utah Code Ann. § 76-3-203 |
| Fine | up to $10,000 (Obtaining encoded card information - second or subsequent conviction — An actor previously convicted of an offense under Subsection (2) is guilty of a second degree felony upon a second or any subsequent conviction for the offense.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
Applies to current (2026 General Session).
How is obtaining encoded information on a financial transaction card with the intent to defraud the issuer, holder, or merchant classified in Utah?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Obtaining encoded card information - first offense | Third Degree Felony | A violation of Subsection (2) is a third degree felony, except as otherwise provided for repeat offenders in (3)(b). | Utah Code Ann. § 76-6-506.7(3)(a) |
| Obtaining encoded card information - second or subsequent conviction | Second Degree Felony | An actor previously convicted of an offense under Subsection (2) is guilty of a second degree felony upon a second or any subsequent conviction for the offense. | Utah Code Ann. § 76-6-506.7(3)(b) |
Common questions about obtaining encoded information on a financial transaction card with the intent to defraud the issuer, holder, or merchant in Utah
Is obtaining encoded information on a financial transaction card with the intent to defraud the issuer, holder, or merchant a felony or a misdemeanor in Utah?
It depends on the circumstances: obtaining encoded information on a financial transaction card with the intent to defraud the issuer, holder, or merchant ranges from a Third Degree Felony to a Second Degree Felony in Utah under Utah Code Ann. § 76-6-506.7.
Obtaining encoded card information - first offense: Third Degree Felony (Utah Code Ann. § 76-6-506.7(3)(a)) · Obtaining encoded card information - second or subsequent conviction: Second Degree Felony (Utah Code Ann. § 76-6-506.7(3)(b))
What are the penalties for obtaining encoded information on a financial transaction card with the intent to defraud the issuer, holder, or merchant in Utah?
Penalties for obtaining encoded information on a financial transaction card with the intent to defraud the issuer, holder, or merchant in Utah depend on how it is classified — from a Third Degree Felony up to a Second Degree Felony — with the ranges set by Utah Code Ann. § 76-3-203; the full table of ranges by variant is published on this page.
Which Utah statute covers obtaining encoded information on a financial transaction card with the intent to defraud the issuer, holder, or merchant?
Obtaining encoded information on a financial transaction card with the intent to defraud the issuer, holder, or merchant is governed by Utah Code Ann. § 76-6-506.7 (Obtaining encoded information on a financial transaction card with the intent to defraud the issuer, holder, or merchant).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.