1. (1)

   1. (a) As used in this section:

      1. (i)

         1. (A) "Identifying document" means:

            1. (I) a government issued document commonly used for identification;
            2. (II) a vehicle registration certificate; or
            3. (III) any other document, image, data file, or medium containing personal identifying information as defined in Subsection 76-6-1101(1)(a).

         2. (B) "Identifying document" includes:

            1. (I) a counterfeit identifying document; or
            2. (II) a document containing personal identifying information of a deceased individual.
      2. (ii) "Possess" means to have physical control or electronic access.
   2. (b) Terms defined in Sections 76-1-101.5 and 76-6-1101 apply to this section.

2. (2)

   1. (a) Under circumstances that do not constitute a violation of Section 76-6-502 or 76-6-1102, an actor commits unlawful possession of another's identification documents if the actor:

      1. (i) obtains or possesses an identifying document:

         1. (A) with knowledge that the actor is not entitled to obtain or possess the identifying document; or
         2. (B) with intent to deceive or defraud; or

      2. (ii) assists another person in obtaining or possessing an identifying document:

         1. (A) with knowledge that the person is not entitled to obtain or possess the identifying document; or
         2. (B) with knowledge that the person intends to use the identifying document to deceive or defraud.

   2. (b) Under circumstances that do not constitute a violation of Section 76-6-502 or 76-6-1102, an actor commits unlawful possession of another's identification documents if the actor:

      1. (i) obtains or possesses identifying documents of more than two, but fewer than 100, individuals:

         1. (A) with knowledge that the individual is not entitled to obtain or possess the identifying documents; or
         2. (B) with intent to deceive or defraud; or

      2. (ii) assists another person in obtaining or possessing identifying documents of more than two, but fewer than 100, individuals:

         1. (A) with knowledge that the person is not entitled to obtain or possess the multiple identifying documents; or
         2. (B) with knowledge that the person intends to use the identifying documents to deceive or defraud.

   3. (c) Under circumstances that do not constitute a violation of Section 76-6-502 or 76-6-1102, an actor commits unlawful possession of another's identification documents if the actor:

      1. (i) obtains or possesses identifying documents of 100 or more individuals:

         1. (A) with knowledge that the individual is not entitled to obtain or possess the identifying documents; or
         2. (B) with intent to deceive or defraud; or

      2. (ii) assists another person in obtaining or possessing identifying documents of 100 or more individuals:

         1. (A) with knowledge that the person is not entitled to obtain or possess the identifying documents; or
         2. (B) with knowledge that the person intends to use the identifying documents to deceive or defraud.

3. (3) A violation of:

   1. (a) Subsection (2)(a) is a class A misdemeanor;
   2. (b) Subsection (2)(b) is a third degree felony; or
   3. (c) Subsection (2)(c) is a second degree felony.

Amended by Chapter 111, 2023 General Session