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Utah statute

Utah Code Ann. § 76-6-1105 — Unlawful possession of another's identification documents.

Current through 2026 General Session

Part of Part 11: Identity Fraud Act, Utah Code.

Criminal charges under this statute

Full text of Utah Code Ann. § 76-6-1105

Statutory text current through the 2026 General Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Utah.

Utah Code Ann. § 76-6-1105Primary source, current through the 2026 General Session
(1)(a) As used in this section: (1)(a)(i)(A) "Identifying document" means: (1)(a)(i)(A)(I) a government issued document commonly used for identification; (1)(a)(i)(A)(II) a vehicle registration certificate; or (1)(a)(i)(A)(III) any other document, image, data file, or medium containing personal identifying information as defined in Subsection 76-6-1101(1)(a). (1)(a)(i)(B) "Identifying document" includes: (1)(a)(i)(B)(I) a counterfeit identifying document; or (1)(a)(i)(B)(II) a document containing personal identifying information of a deceased individual. (1)(a)(ii) "Possess" means to have physical control or electronic access. (1)(b) Terms defined in Sections 76-1-101.5 and 76-6-1101 apply to this section. (2)(a) Under circumstances that do not constitute a violation of Section 76-6-502 or 76-6-1102, an actor commits unlawful possession of another's identification documents if the actor: (2)(a)(i) obtains or possesses an identifying document: (2)(a)(i)(A) with knowledge that the actor is not entitled to obtain or possess the identifying document; or (2)(a)(i)(B) with intent to deceive or defraud; or (2)(a)(ii) assists another person in obtaining or possessing an identifying document: (2)(a)(ii)(A) with knowledge that the person is not entitled to obtain or possess the identifying document; or (2)(a)(ii)(B) with knowledge that the person intends to use the identifying document to deceive or defraud. (2)(b) Under circumstances that do not constitute a violation of Section 76-6-502 or 76-6-1102, an actor commits unlawful possession of another's identification documents if the actor: (2)(b)(i) obtains or possesses identifying documents of more than two, but fewer than 100, individuals: (2)(b)(i)(A) with knowledge that the individual is not entitled to obtain or possess the identifying documents; or (2)(b)(i)(B) with intent to deceive or defraud; or (2)(b)(ii) assists another person in obtaining or possessing identifying documents of more than two, but fewer than 100, individuals: (2)(b)(ii)(A) with knowledge that the person is not entitled to obtain or possess the multiple identifying documents; or (2)(b)(ii)(B) with knowledge that the person intends to use the identifying documents to deceive or defraud. (2)(c) Under circumstances that do not constitute a violation of Section 76-6-502 or 76-6-1102, an actor commits unlawful possession of another's identification documents if the actor: (2)(c)(i) obtains or possesses identifying documents of 100 or more individuals: (2)(c)(i)(A) with knowledge that the individual is not entitled to obtain or possess the identifying documents; or (2)(c)(i)(B) with intent to deceive or defraud; or (2)(c)(ii) assists another person in obtaining or possessing identifying documents of 100 or more individuals: (2)(c)(ii)(A) with knowledge that the person is not entitled to obtain or possess the identifying documents; or (2)(c)(ii)(B) with knowledge that the person intends to use the identifying documents to deceive or defraud. (3) A violation of: (3)(a) Subsection (2)(a) is a class A misdemeanor; (3)(b) Subsection (2)(b) is a third degree felony; or (3)(c) Subsection (2)(c) is a second degree felony.

Official sources

Legal terms used in this section

Questions this section answers

Is unlawful possession of another's identification documents a felony or a misdemeanor in Utah?

It depends on the circumstances: unlawful possession of another's identification documents ranges from a Class A Misdemeanor to a Second Degree Felony in Utah under Utah Code Ann. § 76-6-1105.

Unlawful possession of a single individual's identification documents: Class A Misdemeanor (Utah Code Ann. § 76-6-1105(3)(a)) · Unlawful possession of identification documents of more than two but fewer than 100 individuals: Third Degree Felony (Utah Code Ann. § 76-6-1105(3)(b)) · Unlawful possession of identification documents of 100 or more individuals: Second Degree Felony (Utah Code Ann. § 76-6-1105(3)(c))

Which Utah statute covers unlawful possession of another's identification documents?

Unlawful possession of another's identification documents is governed by Utah Code Ann. § 76-6-1105 (Unlawful possession of another's identification documents).

This reference is informational and is not legal advice.