76-6-409.6. Use of telecommunication device to avoid lawful charge for service.
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/ut/title-76/chapter-6/76-6-409-6A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/3/2023
76-6-409.6. Use of telecommunication device to avoid lawful charge for service.
(1)Terms defined in Sections 76-1-101.5 and 76-6-409.5 apply to this section.
(2)An actor commits use of a telecommunication device to avoid lawful charge for service if the actor uses a telecommunication device:
(a)with the intent to avoid the payment of a lawful charge for telecommunication service; or
(b)with the knowledge that the use of the telecommunication device was to avoid the payment of a lawful charge for telecommunication service.
(a)A violation of Subsection
(2)is:
(i)a class B misdemeanor, if the value of the telecommunication service is less than $300 or cannot be ascertained;
(ii)a class A misdemeanor, if the value of the telecommunication service charge is or exceeds $300 but is not more than $1,000;
(iii)a third degree felony, if the value of the telecommunication service is or exceeds $1,000 but is not more than $5,000; or
(iv)a second degree felony, if:
(A)the value of the telecommunication service is or exceeds $5,000;
(B)the cloned cellular telephone was used to facilitate the commission of a felony; or
(C)the actor previously has been convicted of a violation of this section.
(b)An actor who violates this section is subject to the restitution and civil action provisions described in Section 76-6-409.10 .
Amended by Chapter 111 , 2023 General Session