§ 76-6-1105 — Unlawful possession of another's identification documents.

(1) (1)(a) As used in this section:
(1)(a)(i) (1)(a)(i)(A) "Identifying document" means:
(1)(a)(i)(A)(I) a government issued document commonly used for identification;
(1)(a)(i)(A)(II) a vehicle registration certificate; or
(1)(a)(i)(A)(III) any other document, image, data file, or medium containing personal identifying information as defined in Subsection 76-6-1101(1)(a).
(1)(a)(i)(B) "Identifying document" includes:
(1)(a)(i)(B)(I) a counterfeit identifying document; or
(1)(a)(i)(B)(II) a document containing personal identifying information of a deceased individual.
(1)(a)(ii) "Possess" means to have physical control or electronic access.
(1)(b) Terms defined in Sections 76-1-101.5 and 76-6-1101 apply to this section.
(2) (2)(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:
(2)(a)(i) obtains or possesses an identifying document:

(2)(a)(i)(A) with knowledge that the actor is not entitled to obtain or possess the identifying document; or
(2)(a)(i)(B) with intent to deceive or defraud; or
(2)(a)(ii) assists another person in obtaining or possessing an identifying document:

(2)(a)(ii)(A) with knowledge that the person is not entitled to obtain or possess the identifying document; or
(2)(a)(ii)(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:
(2)(b)(i) obtains or possesses identifying documents of more than two, but fewer than 100, individuals:

(2)(b)(i)(A) with knowledge that the individual is not entitled to obtain or possess the identifying documents; or
(2)(b)(i)(B) with intent to deceive or defraud; or
(2)(b)(ii) assists another person in obtaining or possessing identifying documents of more than two, but fewer than 100, individuals:

(2)(b)(ii)(A) with knowledge that the person is not entitled to obtain or possess the multiple identifying documents; or
(2)(b)(ii)(B) with knowledge that the person intends to use the identifying documents to deceive or defraud.
(2)(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:
(2)(c)(i) obtains or possesses identifying documents of 100 or more individuals:

(2)(c)(i)(A) with knowledge that the individual is not entitled to obtain or possess the identifying documents; or
(2)(c)(i)(B) with intent to deceive or defraud; or
(2)(c)(ii) assists another person in obtaining or possessing identifying documents of 100 or more individuals:

(2)(c)(ii)(A) with knowledge that the person is not entitled to obtain or possess the identifying documents; or
(2)(c)(ii)(B) with knowledge that the person intends to use the identifying documents to deceive or defraud.
(3) A violation of:

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

Legislative History

Amended by Chapter 111, 2023 General Session