What You Need to Know About Identity Theft Laws In Utah

When you think of theft, you might imagine someone stealing physical property–a car, money, or merchandise. There’s another type of theft that’s sometimes forgotten until it happens to you.  

Identity Theft Affects Someone in the U.S. Every 22 Seconds

Did you know that Identity theft affects someone in the U.S. every 22 seconds.? An estimated 33% of Americans have dealt with identity theft on some level and lost up to $5.8 billion and counting. Interestingly, only 1 in 700 people who commit identity theft are ever brought to justice.

What exactly is identity theft? It’s when someone takes identifying information from another person and uses it for financial gain

Of course, identity theft in Utah is illegal, and there are systems in place to prevent it from happening to you.

Identity Fraud Act

Under the Identity Fraud Act, Utah charges one of two types of felonies to people who use another person’s information for some kind of gain.

  • Third-degree felony (between 9 months and 5 years in prison) - the loss is less than $5,000
  • Second-degree felony (between 2 and 8 years in prison) - the loss is more than $5,000 or the fraud results in someone being injured.

If someone has multiple violations within one of these charges, the label “aggravated” accompanies it. This means harsher penalties for the perpetrator.

In addition to all this, a convicted fraudster has to pay restitution to the victim. This can include lost wages, attorney fees, and the time it took the victim to deal with the aftermath of the fraud — such as having to go through the necessary proceedings to resolve any kind of debt created from it.

Obligations of Utah Businesses

Businesses in Utah are required by law to protect the personal information of all their customers and employees. This means they have to implement safety procedures to keep sensitive information secure. 

When businesses don’t need that information anymore, they are required to erase it from the system and shred all paper files.

Phishing Charges in Utah

Phishing is when someone uses a computer to obtain personal information. It is often done through a fake website or email. Some perpetrators will pretend to be a big company like Netflix and send an email saying the customers need to update billing information. Victim’s will follow the link, fill out a form under the pretense that it is for billing purposes, and their identity gets stolen. 

Stealing information electronically results in a second-degree felony.

Driver’s License Charges

Using a fraudulent driver’s license can result in a third-degree felony charge and up to five years in prison. 

It’s not just the person using the license who could get in trouble. If an employee of the Driver License Bureau provides an ID to someone who does rightfully obtain it, the employee has committed a Class A misdemeanor.

If you lend your ID to a friend so they can use it to get goods or services, you can wind up with a Class C misdemeanor offense, which means up to 90 days in jail and a fine of up to $750.

Identity Theft Passport Law

Utah is among the states with an “ID Theft Passport Law.” If you file a police report that your identity was stolen, police can get you an indication on your driver’s license that you are a victim of identity theft. 

Agencies across the state will have access to your personal information — including the police report and the fact that you have the identity theft passport — so there is no confusion if someone commits a crime under your name.

What to Do If You Are Accused of Identity Theft

If you are accused of identity theft, you will want to have an experienced defense attorney at your side to help you navigate the law. The attorneys at Brown, Bradshaw & Moffat have been practicing for over 20 years. They can help you at any stage of the criminal defense process.

Call (801) 532-5297 for a free consultation.

Sources

More Articles

Domestic Violence: How Do I Protect My Rights?
The basic definition of “domestic violence,” according to Utah law, is a pattern of abusive or aggressive behavior in a relationship that is used by one partner to gain or maintain power and control over another intimate partner. Abusive behavior can be more than physical. It can also be emotional, sexual, or even psychological. Many prosecutors will also bring charges for allegations of domestic violence toward family members, friends, and co-workers.
Read More →
Seven Ways to Control Your Anger and Avoid Committing a Crime
Whether you have a short temper or a relatively long fuse, once you’re angry, you’re more likely to do something you’re going to regret. Anger can cloud your judgment, making it more difficult to control your actions. In fact, Psychology Today recommends that you think of anger as an intoxicant like alcohol because it alters your mental state and leads to actions you wouldn’t normally do.
Read More →
law office in Utah
Juvenile Crimes: How Do I Protect My Child?
As young people grow and experience the world, they may find themselves in trouble with the law. According to the Utah Division of Juvenile Justice Services, 26% of minors in Utah will have some kind of contact with the juvenile justice system. Charges against a child or teen can have a deep impact on parents, siblings, and extended family. These impacts may be lessened with the help of an experienced legal team.
Read More →

Defend your case with the best criminal defense attorneys in Utah

Get a confidential case evaluation

Our office will contact you as soon as possible to arrange for you to discuss the facts of your case with an experienced criminal defense attorney in Salt Lake City, Utah.​ The use of this form for communication with our personnel does not establish an attorney-client relationship.