76-6-518. Criminal simulation.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/3/2023

(1)Terms defined in Section 76-1-101.5 apply to this section.

(2)An actor commits criminal simulation if, with intent to defraud another, the actor:

(a)makes or alters an object in whole or in part so that it appears to have value because of age, antiquity, rarity, source, or authorship that it does not have;

(b)sells, passes, or otherwise utters an object so made or altered;

(c)possesses an object so made or altered with intent to sell, pass, or otherwise utter it; or

(d)authenticates or certifies an object so made or altered as genuine or as different from what it is.

(3)A violation of Subsection

(2)is punishable as follows:

(a)if the value defrauded or intended to be defrauded is less than $500, the offense is a class B misdemeanor;

(b)if the value defrauded or intended to be defrauded is or exceeds $500 but is less than $1,500, the offense is a class A misdemeanor;

(c)if the value defrauded or intended to be defrauded is or exceeds $1,500 but is less than $5,000, the offense is a third degree felony; or

(d)if the value defrauded or intended to be defrauded is or exceeds $5,000, the offense is a second degree felony.

(4)This section may not be construed to impose criminal or civil liability on any law enforcement officer acting within the scope of a criminal investigation.

(5)The forfeiture of property under this section, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be conducted in accordance with Title 77, Chapter 11a, Seizure of Property and Contraband , through Chapter 11c, Retention of Evidence .

Amended by Chapter 111 , 2023 General Session