1. (1) Terms defined in Sections 76-1-101.5 and 76-6-409.5 apply to this section.
2. (2) An actor commits possession of unlawful telecommunication device if the actor knowingly possesses an unlawful telecommunication device.

3. (3)

   1. (a) Except as provided in Subsection (3)(b) or (3)(c), a violation of Subsection (2) is a class B misdemeanor.
   2. (b) Except as provided in Subsection (3)(c), a violation of Subsection (2) is a third degree felony if the actor knowingly possesses five or more unlawful telecommunication devices in the same criminal episode.

   3. (c) A violation of Subsection (2) is a second degree felony if the actor:

      1. (i) knowingly and unlawfully possesses an instrument capable of intercepting electronic serial number and mobile identification number combinations under circumstances evidencing an intent to clone; or
      2. (ii) knowingly and unlawfully possesses cloning paraphernalia under circumstances evidencing an intent to clone.
   4. (d) An actor who violates this section is subject to the restitution and civil action provisions described in Section 76-6-409.10.

Amended by Chapter 111, 2023 General Session