What is the punishment for identity theft in Utah?

Identity theft in the state of Utah is defined as using another person's personal information in order to intentionally defraud or deceive. Identity theft requires a person to possess or attempt to transfer or sell another person's identification or personal information without that person's permission. Generally this is done in an attempt at financial gain. If a person attempts or is actually successful at accessing another person's financial accounts by using that person's personal identification he is also considered committing identity theft crime.

Because crimes associated with identify theft have become easier to commit due to fewer instances of face-to-face interaction, the state of Utah has increased the severity of the penalties against criminals who use or obtain another's identification for the purpose of defrauding them in some way. 

Punishment for identity theft in Utah is based on both the number of offenses the criminal has committed in addition to the amount of loss the victim has suffered as a result of the actions of the accused. Utah courts are allowed to combine all the identity theft offenses the accused is found guilty of and bring them together into a single case based on all the fraudulent acts committed. This method allows the courts to increase the dollar amount of fraud the individual is responsible for, which in turn increases the severity of the penalties which will be imposed. The severity of punishment is directly related to the financial amount the victim incurred.

Utah imposes the following penalties for identity theft crimes:

• Being found in possession of another person's identity information can lead to a charge of attempted identity theft. This is a class A misdemeanor and result in punishment of a year in jail and fine of $2,500. Being found in possession of more than one person's identifying information can result in the offender being charged with a 3rd degree felony. In this case, the punishment can lead to 5 years in prison.
• The offender can be charged with a 2nd degree felony if he is found to have defrauded another of more than $5,000. In this case the penalty is up to 15 years in prison.
• In the case where the victim loses less than $5,000, the offender is accused of a 3rd degree felony and be placed in prison up to 5 years.
• In all cases of identity theft the offender will be responsible for full restitution to all victims.

It is not necessarily an effective defense to assert that possession of the identification information was not used to commit identity theft as simply possessing another's personal information without their consent is sufficient to result in a felony charge.