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Utah statute

Utah Code Ann. § 76-6-409.7 — Possession of unlawful telecommunication device.

Current through 2026 General Session

Part of Part 4: Theft, Utah Code.

Criminal charges under this statute

Full text of Utah Code Ann. § 76-6-409.7

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. § 76-6-409.7Primary source, current through the 2026 General Session
(1) Terms defined in Sections 76-1-101.5 and 76-6-409.5 apply to this section. (2) An actor commits possession of unlawful telecommunication device if the actor knowingly possesses an unlawful telecommunication device. (3)(a) Except as provided in Subsection (3)(b) or (3)(c), a violation of Subsection (2) is a class B misdemeanor. (3)(b) Except as provided in Subsection (3)(c), a violation of Subsection (2) is a third degree felony if the actor knowingly possesses five or more unlawful telecommunication devices in the same criminal episode. (3)(c) A violation of Subsection (2) is a second degree felony if the actor: (3)(c)(i) knowingly and unlawfully possesses an instrument capable of intercepting electronic serial number and mobile identification number combinations under circumstances evidencing an intent to clone; or (3)(c)(ii) knowingly and unlawfully possesses cloning paraphernalia under circumstances evidencing an intent to clone. (3)(d) An actor who violates this section is subject to the restitution and civil action provisions described in Section 76-6-409.10.

Official sources

Legal terms used in this section

Questions this section answers

Is possession of unlawful telecommunication device a felony or a misdemeanor in Utah?

It depends on the circumstances: possession of unlawful telecommunication device ranges from a Class B Misdemeanor to a Second Degree Felony in Utah under Utah Code Ann. § 76-6-409.7.

Base possession of unlawful telecommunication device: Class B Misdemeanor (Utah Code Ann. § 76-6-409.7(3)(a)) · Possession of five or more devices in same criminal episode: Third Degree Felony (Utah Code Ann. § 76-6-409.7(3)(b)) · Possession of cloning instrument or paraphernalia with intent to clone: Second Degree Felony (Utah Code Ann. § 76-6-409.7(3)(c))

Which Utah statute covers possession of unlawful telecommunication device?

Possession of unlawful telecommunication device is governed by Utah Code Ann. § 76-6-409.7 (Possession of unlawful telecommunication device).

This reference is informational and is not legal advice.