(1) As used in this section:

1. (a)

   1. (i) "Identifying document" means:

      1. (A) a government issued document commonly used for identification;
      2. (B) a vehicle registration certificate; or
      3. (C) any other document, image, data file, or medium containing personal identifying information as defined in Subsections 76-6-1102(1)(b) through (m).

   2. (ii) "Identifying document" includes:

      1. (A) a counterfeit identifying document; or
      2. (B) a document containing personal identifying information of a deceased individual.
2. (b) "Possess" means to have physical control or electronic access.

(2)

1. (a) Under circumstances that do not constitute a violation of Section 76-6-1102 or Section 76-6-502, an individual is guilty of a class A misdemeanor if the individual:

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

      1. (A) with knowledge that the individual 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 76-6-1102, an individual is guilty of a third degree felony if the individual:

   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 76-6-1102, an individual is guilty of a second degree felony if the individual:

   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.