Utah § 76-6-409.6 Use of telecommunication device to avoid lawful charge for service.

Utah Statutes

§ 76-6-409.6 — Use of telecommunication device to avoid lawful charge for service.

Utah § 76-6-409.6

Title 76Utah Criminal Code

Ch. 76-6Offenses Against Property

Part 76-6-4Theft

This text of Utah § 76-6-409.6 (Use of telecommunication device to avoid lawful charge for service.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 76-6-409.6 (2026).

Text

(1)Terms defined in Sections 76-1-101.5 and 76-6-409.5 apply to this section.

(2)An actor commits use of a telecommunication device to avoid lawful charge for service if the actor uses a telecommunication device:

(2)(a) with the intent to avoid the payment of a lawful charge for telecommunication service; or

(2)(b) with the knowledge that the use of the telecommunication device was to avoid the payment of a lawful charge for telecommunication service.

(3)(3)(a) A violation of Subsection (2) is:

(3)(a)(i) a class B misdemeanor, if the value of the telecommunication service is less than $300 or cannot be ascertained;

(3)(a)(ii) a class A misdemeanor, if the value of the telecommunication service charge is or exceeds $300 but is not more than $1,000;

(3)(a)(iii) a third degree felony, if

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(1) Terms defined in Sections 76-1-101.5 and 76-6-409.5 apply to this section.
(2) An actor commits use of a telecommunication device to avoid lawful charge for service if the actor uses a telecommunication device:

(2)(a) with the intent to avoid the payment of a lawful charge for telecommunication service; or
(2)(b) with the knowledge that the use of the telecommunication device was to avoid the payment of a lawful charge for telecommunication service.
(3) (3)(a) A violation of Subsection (2) is:
(3)(a)(i) a class B misdemeanor, if the value of the telecommunication service is less than $300 or cannot be ascertained;
(3)(a)(ii) a class A misdemeanor, if the value of the telecommunication service charge is or exceeds $300 but is not more than $1,000;
(3)(a)(iii) a third degree felony, if the value of the telecommunication service is or exceeds $1,000 but is not more than $5,000; or
(3)(a)(iv) a second degree felony, if:

(3)(a)(iv)(A) the value of the telecommunication service is or exceeds $5,000;
(3)(a)(iv)(B) the cloned cellular telephone was used to facilitate the commission of a felony; or
(3)(a)(iv)(C) the actor previously has been convicted of a violation of this section.
(3)(b) An actor who violates this section is subject to the restitution and civil action provisions described in Section 76-6-409.10.