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

2. (2) An actor commits unlawful acquisition, possession, or transfer of a financial transaction card if the actor:

   1. (a) under circumstances that do not constitute a violation of Subsection (2)(b):

      1. (i) acquires a financial transaction card from another without the consent of the card holder or the issuer;
      2. (ii) receives a financial transaction card with intent to use the financial transaction card in violation of Section 76-6-506.2;
      3. (iii) sells or transfers a financial transaction card to a person with knowledge that the financial transaction card will be used in violation of Section 76-6-506.2;

      4. (iv)

         1. (A) acquires a financial transaction card that the individual knows was lost, mislaid, stolen, or delivered under a mistake as to the identity or address of the card holder; and

         2. (B)

            1. (I) retains possession with intent to use the financial transaction card in violation of Section 76-6-506.2; or
            2. (II) sells or transfers the financial transaction card to a person with knowledge that the financial transaction card will be used in violation of Section 76-6-506.2; or

      5. (v) possesses, sells, or transfers any information necessary for the use of a financial transaction card, including the credit number of the card, the expiration date of the card, or the personal identification code related to the card:

         1. (A)

            1. (I) without the consent of the card holder or the issuer; or
            2. (II) with knowledge that the information has been acquired without consent of the card holder or the issuer; and
         2. (B) with intent to use the information in violation of Section 76-6-506.2; or

   2. (b) possesses, sells, or transfers any information necessary for the use of 100 or more financial transaction cards, including the credit number of a card, the expiration date of a card, or the personal identification code related to a card:

      1. (i) with intent to use the information in violation of Section 76-6-506.2; or
      2. (ii) with knowledge that the information will be used by another in violation of Section 76-6-506.2.

3. (3)

   1. (a) A violation of Subsection (2)(a) is a third degree felony.
   2. (b) A violation of Subsection (2)(b) is a second degree felony.
4. (4) 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.
5. (5) 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