1. (1) Terms defined in Sections 76-1-101.5 and 76-6-506 apply to this section.

2. (2) An actor commits unlawful use of financial transaction card if the actor:

   1. (a) knowingly uses a revoked, expired, stolen, or fraudulently obtained financial transaction card to obtain or attempt to obtain credit, goods, property, or services;
   2. (b) knowingly, with the intent to defraud, uses a financial transaction card, credit number, personal identification code, or any other information contained on the card or in the account from which the card is issued, to obtain or attempt to obtain credit, goods, or services;
   3. (c) knowingly, with the intent to defraud, uses a financial transaction card to willfully exceed an authorized credit line by $500 or more, or by 50% or more of the line of credit, whichever is greater; or

   4. (d) knowingly, with the intent to defraud, presents or causes to be presented to the issuer or an authorized credit card merchant, for payment or collection, any credit card sales draft, if:

      1. (i) the draft is counterfeit or fictitious;
      2. (ii) the purported sales evidenced by any credit card sales draft did not take place;
      3. (iii) the purported sale was not authorized by the card holder; or
      4. (iv) the items or services purported to be sold as evidenced by the credit card sales drafts are not delivered or rendered to the card holder or person intended to receive them.

3. (3)

   1. (a) A violation of Subsection (2) is:

      1. (i) a class B misdemeanor if the value of the property, money, or thing obtained or sought to be obtained is less than $500;
      2. (ii) a class A misdemeanor if the value of the property, money, or thing obtained or sought to be obtained is or exceeds $500 but is less than $1,500;
      3. (iii) a third degree felony if the value of the property, money, or thing obtained or attempted to be obtained is or exceeds $1,500 but is less than $5,000; or
      4. (iv) a second degree felony if the value of the property, money, or thing obtained or attempted to be obtained is or exceeds $5,000.
   2. (b) Multiple violations of Subsection (2)(a) may be aggregated into a single offense, and the degree of the offense is determined by the total value of all property, money, or things obtained or attempted to be obtained through the multiple violations.
4. (4) The court shall make appropriate findings in any prosecution under this section that the card holder did not commit the crime.
5. (5) This section may not be construed to impose criminal or civil liability on any law enforcement officer acting within the scope of a criminal investigation.
6. (6) The forfeiture of property under this section, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be conducted in accordance with Title 77, Chapter 11a, Seizure of Property and Contraband, through Chapter 11c, Retention of Evidence.

Amended by Chapter 111, 2023 General Session