Utah statute

Utah Code Ann. § 76-6-525 — Communications fraud.

Current through 2026 General Session

Part of Part 5: Fraud, Utah Code.

Criminal charges under this statute

Communications fraud

Full text of Utah Code Ann. § 76-6-525

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. § 76-6-525Primary source, current through the 2026 General Session

(1)(a) As used in this section, "sensitive personal identifying information" means information regarding an individual's: (1)(a)(i) social security number; (1)(a)(ii) driver license number or other government-issued identification number; (1)(a)(iii) financial account number or credit or debit card number; (1)(a)(iv) password or personal identification number or other identification required to gain access to a financial account or a secure website; (1)(a)(v) automated or electronic signature; (1)(a)(vi) unique biometric data; or (1)(a)(vii) any other information that can be used to gain access to an individual's financial accounts or to obtain goods or services. (1)(b) Terms defined in Section 76-1-101.5 apply to this section. (2) An actor commits communications fraud if the actor has devised any scheme or artifice to defraud another or to obtain from another money, property, or anything of value by means of false or fraudulent pretenses, representations, promises, or material omissions, and who communicates directly or indirectly with any person by any means for the purpose of executing or concealing the scheme or artifice. (3) A violation of Subsection (2) is: (3)(a) a class B misdemeanor when the value of the property, money, or thing obtained or sought to be obtained is less than $500; (3)(b) a class A misdemeanor when the value of the property, money, or thing obtained or sought to be obtained is or exceeds $500 but is less than $1,500; (3)(c) a third degree felony when the value of the property, money, or thing obtained or sought to be obtained is or exceeds $1,500 but is less than $5,000; (3)(d) a second degree felony when the value of the property, money, or thing obtained or sought to be obtained is or exceeds $5,000; and (3)(e) a second degree felony when the object or purpose of the scheme or artifice to defraud is the obtaining of sensitive personal identifying information, regardless of the value. (4) The determination of the degree of an offense under Subsection (2) is measured by the total value of all property, money, or things obtained or sought to be obtained by the scheme or artifice described in Subsection (2) except as provided in Subsection (3)(e). (5)(a) Reliance on the part of any person is not a necessary element of the offense described in Subsection (2). (5)(b) An intent on the part of the actor of any offense described in Subsection (2) to permanently deprive any person of property, money, or thing of value is not a necessary element of the offense. (5)(c) Each separate communication made for the purpose of executing or concealing a scheme or artifice described in Subsection (2) is a separate act and offense of communication fraud. (6)(a) To communicate as described in Subsection (2) means to: (6)(a)(i) bestow, convey, make known, recount, or impart; (6)(a)(ii) give by way of information; (6)(a)(iii) talk over; or (6)(a)(iv) transmit information. (6)(b) Means of communication include use of the mail, telephone, telegraph, radio, television, newspaper, computer, and spoken and written communication. (7) An actor may not be convicted under this section unless the pretenses, representations, promises, or material omissions made or omitted were made or omitted intentionally, knowingly, or with a reckless disregard for the truth.

Official sources

Legal terms used in this section

Questions this section answers

Is communications fraud a felony or a misdemeanor in Utah?

It depends on the circumstances: communications fraud ranges from a Class B Misdemeanor to a Second Degree Felony in Utah under Utah Code Ann. § 76-6-525.

Communications fraud (value under $500): Class B Misdemeanor (Utah Code Ann. § 76-6-525(3)(a)) · Communications fraud (value $500 to $1,500): Class A Misdemeanor (Utah Code Ann. § 76-6-525(3)(b)) · Communications fraud (value $1,500 to $5,000): Third Degree Felony (Utah Code Ann. § 76-6-525(3)(c)) · Communications fraud (value $5,000 or more): Second Degree Felony (Utah Code Ann. § 76-6-525(3)(d)) · Communications fraud — sensitive personal identifying information: Second Degree Felony (Utah Code Ann. § 76-6-525(3)(e))

Which Utah statute covers communications fraud?

Communications fraud is governed by Utah Code Ann. § 76-6-525 (Communications fraud).

This reference is informational and is not legal advice.