Utah State Victim Resources:
Agencies that offer assistance to IDT victims:
Utah Legal Services, Inc.
Security Freeze Law:
All Utah consumers are allowed to place security freezes on their consumer credit reports to prevent new accounts from being opened in their names. Such a freeze enables the consumer to prevent anyone from looking at his/her credit file for the purpose of granting credit unless the consumer chooses to allow a particular business look at the information. To request a freeze, a consumer must request one in writing by certified mail. The credit reporting agency is not allowed to charge a fee to victims for placing, temporarily removing, or removing a security freeze on a credit report. To avoid paying a fee, victims must send a valid copy of a police report or provide the police docket number that documents identity fraud. For all others, a "reasonable fee" will be applied for placing, temporarily lifting a freeze, or removing a security freeze.
The reporting agency must place the freeze within five business days after receiving the request, and within five days after placing the freeze, must send a written confirmation of the freeze and provide the consumer with a unique personal identification number or password to be used by the consumer when providing authorization for the release of his credit for a specific party or period of time. Requests for a temporary unlocking of the freeze must be completed within three business days or within 15 minutes if the request is made through an electronic contact method or by telephone during normal business hours.
Statute: §13-45-101 through 205.
How To Apply for a Security Freeze:
Mandatory Police Report Law for Identity Theft Victims:
There is created within the Office of the Attorney General the Identity Theft Reporting Information System (IRIS) Program to establish a database and Internet website to:
- Allow persons in the state to submit reports of identity theft;
- Assist the Office of the Attorney General in notifying state and local law enforcement agencies of reports of identity theft;
- Provide assistance and resources to victims of identity theft;
- Provide a centralized location where information related to incidents of identity theft may be securely stored and accessed for the benefit of victims of identity theft; and
- Provide public education and information relating to identity theft.
The Internet website shall be maintained by the Office of the Attorney General and shall be made available to the public and to victims of identity-related crimes. The Internet website shall allow a victim of an identity-related crime to report the crime on the website and have the victim's report routed to the appropriate law enforcement agency for the jurisdiction in which the crime occurred; and provide public education and information relating to identity theft.
Identity Theft Passport Law:
No State law at this time.
Identity Theft Laws
A person is guilty of identity fraud when that person:
- Obtains personal identifying information of another person whether that person is alive or deceased; and
- Knowingly or intentionally uses, or attempts to use, that information with fraudulent intent, including to obtain, or attempt to obtain, credit, goods, services, any other thing of value, or medical information.
"Personal identifying information" may include name; birth date; address; telephone number; driver's license number; Social Security number; place of employment; employee identification numbers or other personal identification numbers; mother's maiden name; electronic identification numbers; electronic signatures; or any other numbers or information that can be used to access a person's financial resources or medical information except for numbers or information that can be prosecuted as financial transaction card offenses under the payment card fraud statutes.
It is not a defense that the person did not know that the personal information belonged to another person. Identity fraud is a second degree felony (punishable by up to 15 years in jail and/or a fine up to $10,000) if the value of the credit, goods, employment, services, or any other thing of value is more than $5000, and a third degree felony (punishable by up to five years in jail and/or a fine up to $5000) if it is less than $5000. It is also a second degree felony if the fraudulent use of personal identifying information results, directly or indirectly, in bodily injury to another person.
Multiple violations may be aggregated into a single offense, and the degree of the offense is determined by the total value of all credit, goods, services, or any other thing of value used, or attempted to be used, through the multiple violations.
Statute §76-6-1102: http://le.utah.gov/xcode/Title76/Chapter6/76-6-S1102.html
It is a Class A misdemeanor, punishable by up to a year in prison and/or a fine up to $2500, to obtain, possess, or help another person obtain false identification documents. However, it becomes a third degree felony if a person obtains, possesses, or helps another person obtain multiple false identification cards.
Statute: §76-6-1105: http://le.utah.gov/xcode/Title76/Chapter6/76-6-S1105.html
Charges can be filed in the home county of a victim, even if the fraud was perpetrated in another Utah county or out of state. Charges can be filed where the victim's personal identifying information was obtained; where the defendant used or attempted to use the personally identifying information; where the victim of the identity fraud resides or is found; or if multiple offenses of identity fraud occur in multiple jurisdictions, in any county where the victim's identity was used or obtained, or where the victim resides or is found.
Statute: §76-1-202: http://le.utah.gov/xcode/Title76/Chapter1/76-1-S202.html
Other Related Laws:
Restitution: State law requires judges to order defendants convicted of identity theft to make restitution to the victim(s) of the offense or state on the record the reason why the court does not find ordering of restitution to be appropriate. Restitution may include payment for any costs incurred, including attorneys fees, lost wages, and replacement of checks; and the value of the victim's time incurred due to the offense in clearing his/her credit record or credit record or in any civil or administrative proceedings necessary to satisfy or resolve any debt, lien, or other obligation of the victim arising from the offense, or in attempting to remedy any other intended or actual harm to the victim incurred as a result of the offense.
Statute §76-6-1102: http://le.utah.gov/xcode/Title76/Chapter6/76-6-S1102.html
It is a second degree felony to use a computer for any scheme or artifice to obtain a person's sensitive personal identifying information by means of false or fraudulent pretenses, representations, or promises. The punishment does not depend, as it does in most fraud cases, on the amount of money lost. Sensitive personal identifying information includes an individual's Social Security number; driver's license number or other government issued identification number; financial account number or credit or debit card number; password or personal identification number or other identification required to gain access to a financial account or a secure website; automated or electronic signature; unique biometric data; or any other information that can be used to gain access to an individual's financial accounts or to obtain goods or services.
Statute: §76-10-1801(f): http://le.utah.gov/xcode/Title76/Chapter10/76-10-S1801.html
It is unlawful for any person to:
- Knowingly, with intent to defraud, obtain or attempt to obtain credit or purchase or attempt to purchase goods, property, or services, by the use of a false, fictitious, altered, counterfeit, revoked, expired, stolen, or fraudulently obtained financial transaction card, by any financial transaction card credit number, personal identification code, or by the use of a financial transaction card not authorized by the issuer or the card holder; or
- Make application for a financial transaction card to an issuer, while knowingly making or causing to be made a false statement or report relative to his name, occupation, financial condition, assets, or to willfully and substantially undervalue or understate any indebtedness for the purposes of influencing the issuer to issue the financial transaction card.
Violations range from a class B misdemeanor to a second degree felony, based on the value of the property, money, or thing obtained or sought to be obtained.
Statute: §76-6-506.2: http://le.utah.gov/xcode/Title76/Chapter6/76-6-S506.2.html
Under state law, it is a third degree felony, punishable by up to five years in prison and/or a fine up to $5000, to:
- Acquire a financial transaction card from another without the consent of the card holder or the issuer, or, with the knowledge that it has been acquired without consent, and with intent to use it unlawfully;
- Receive a financial transaction card with intent to use it unlawfully;
- Sell or transfer a financial transaction card to another person with knowledge that it will be used unlawfully;
- Acquire a financial transaction card that the person knows was lost, mislaid, or delivered under a mistake as to the identity or address of the card holder; and retains possession with intent to use it unlawfully or sell or transfer it to another person with the knowledge that it will be used unlawfully; or
- Possess, sell, or transfer any information necessary for the use of a financial transaction card, including the credit number of the card, the expiration date of the card, or the personal identification code related to the card, without the consent of the cardholder or the issuer, or with the knowledge that it has been acquired without consent, and with intent to use the information unlawfully.
Statute: §76-6-506.3: http://le.utah.gov/xcode/Title76/Chapter6/76-6-S506.3.html
State law prohibits the use of a scanning device or re-encoder that is used to obtain or record encoded information from the magnetic strip of a payment card without the authorization of the authorized user and with the intent to defraud the authorized user, the issuer of the card, or a merchant. Scanning devices are defined as a scanner, reader, or any other electronic device that is used to access, read, scan, obtain, memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a payment card. A re-encoder is an electronic device that places encoded information from the magnetic strip or stripe of a payment card onto the magnetic strip or stripe of a different card. Violations are a third degree felony. Second or subsequent offenses are a second degree felony.
Statute: §76-6-506.7: http://le.utah.gov/xcode/Title76/Chapter6/76-6-S506.7.html
It is a third degree felony, punishable by up to five years in prison, to use a fraudulent driver's license to aid or further efforts to fraudulently obtain goods or services or to aid or further the commission of a violent felony. It is a Class A misdemeanor, punishable by up to one year in jail, for an employee of the Driver License Bureau to knowingly issue a driver license with false or fraudulent information. It is a Class A misdemeanor to knowingly acquire, transfer, or use a false or altered driver license certificate to purchase tobacco or alcohol. It is a Class C misdemeanor to lend or knowingly permit another person to use your license; to use a license that is not yours; to knowingly make a false statement in an application for the license; to knowingly use or acquire a false identification card; or to alter any information on an authentic driver license certificate.
Statute: §53-3-229: http://le.utah.gov/xcode/Title53/Chapter3/53-3-S229.html
Disposal of Customer Records
Businesses are required to destroy or arrange for the destruction of records containing personal identifying information before disposing of them. This can be done by shredding, erasing, or modifying the information to make it indecipherable.
Statute: §13-44-201: http://le.utah.gov/xcode/Title13/Chapter44/13-44-S201.html
Social Security Numbers
State law prohibits a person from displaying a Social Security number in a manner or location that is likely to be open to public view. It also prevents state or local agencies to employ inmates in any capacity that would allow an inmate access to another person's personal information.
Statute: §13-45-3: http://le.utah.gov/xcode/Title13/Chapter45/13-45-S301.html
State law requires a person or business that owns or licenses computerized data that includes the personal information of a Utah resident to conduct a reasonable and prompt investigation of any breach of security to determine the likelihood that personal information has been or will be misused as a result of the branch. If, after the investigation is concluded, the business determines that misuse of an individual's personal information has occurred or is reasonably likely to occur as a result of the breach of security, the business must notify the individual of the breach. A security breach occurs upon "unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of the personal information."
Personal information is defined as an person's first name or first initial and last name, combined with any one or more of the following data elements relating to that person when either the name or the data element is unencrypted and not protected by another method that renders the data unreadable or unusable: Social Security number; financial account number, or credit or debit card number, and any required security code, access code, or password, that would permit access to the person's account; or driver license number or state identification card number. It does not include publicly available information that is lawfully made available to the public from federal, state, or local government records. Notice must be made in the most expedient time possible without unreasonable delay, considering legitimate investigative needs of law enforcement; after determining the scope of the breach of system security; and after restoring the reasonable integrity of the system. Notification can be provided by mail, e-mail, telephone, or by publishing notice of the breach of system security in a newspaper of general circulation.
Statute: §13-44-202: http://le.utah.gov/xcode/Title13/Chapter44/13-44-S202.html
In any case in which a person commits identify fraud and uses the personal identifying information obtained to commit a crime in addition to the identity fraud, the court must make appropriate findings in any prosecution of such a crime that the person whose identity was falsely used to commit the crime did not commit the crime.
Statute: §76-6-1104: http://le.utah.gov/xcode/Title76/Chapter6/76-6-S1104.html