Utah criminal charge
Possession of unlawful telecommunication device in Utah
Possession of unlawful telecommunication device is a criminal offense under Utah law, defined by Utah Code Ann. § 76-6-409.7. Its classification is not fixed: Utah assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Utah Code Ann. § 76-6-409.7.
What is the penalty for possession of unlawful telecommunication device in Utah?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 6 months (Base possession of unlawful telecommunication device — Applies to a violation of Subsection (2) except as otherwise provided in (3)(b) or (3)(c).) | discretionary | Utah Code Ann. § 76-3-204 |
| Fine | up to $1,000 (Base possession of unlawful telecommunication device — Applies to a violation of Subsection (2) except as otherwise provided in (3)(b) or (3)(c).; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-204 |
| Jail / prison | up to 5 years (Possession of five or more devices in same criminal episode — Applies when the actor knowingly possesses five or more unlawful telecommunication devices in the same criminal episode, except as provided in (3)(c).; indeterminate prison term, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole) | discretionary | Utah Code Ann. § 76-3-203 |
| Fine | up to $5,000 (Possession of five or more devices in same criminal episode — Applies when the actor knowingly possesses five or more unlawful telecommunication devices in the same criminal episode, except as provided in (3)(c).; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
| Jail / prison | 1 years to 15 years (Possession of cloning instrument or paraphernalia with intent to clone — Applies when the actor knowingly and unlawfully possesses an instrument capable of intercepting ESN/MIN combinations or possesses cloning paraphernalia under circumstances evidencing intent to clone.; indeterminate prison term, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole) | discretionary | Utah Code Ann. § 76-3-203 |
| Fine | up to $10,000 (Possession of cloning instrument or paraphernalia with intent to clone — Applies when the actor knowingly and unlawfully possesses an instrument capable of intercepting ESN/MIN combinations or possesses cloning paraphernalia under circumstances evidencing intent to clone.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
Applies to current (2026 General Session).
How is possession of unlawful telecommunication device classified in Utah?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Base possession of unlawful telecommunication device | Class B Misdemeanor | Applies to a violation of Subsection (2) except as otherwise provided in (3)(b) or (3)(c). | Utah Code Ann. § 76-6-409.7(3)(a) |
| Possession of five or more devices in same criminal episode | Third Degree Felony | Applies when the actor knowingly possesses five or more unlawful telecommunication devices in the same criminal episode, except as provided in (3)(c). | Utah Code Ann. § 76-6-409.7(3)(b) |
| Possession of cloning instrument or paraphernalia with intent to clone | Second Degree Felony | Applies when the actor knowingly and unlawfully possesses an instrument capable of intercepting ESN/MIN combinations or possesses cloning paraphernalia under circumstances evidencing intent to clone. | Utah Code Ann. § 76-6-409.7(3)(c) |
Common questions about possession of unlawful telecommunication device in Utah
Is possession of unlawful telecommunication device a felony or a misdemeanor in Utah?
It depends on the circumstances: possession of unlawful telecommunication device ranges from a Class B Misdemeanor to a Second Degree Felony in Utah under Utah Code Ann. § 76-6-409.7.
Base possession of unlawful telecommunication device: Class B Misdemeanor (Utah Code Ann. § 76-6-409.7(3)(a)) · Possession of five or more devices in same criminal episode: Third Degree Felony (Utah Code Ann. § 76-6-409.7(3)(b)) · Possession of cloning instrument or paraphernalia with intent to clone: Second Degree Felony (Utah Code Ann. § 76-6-409.7(3)(c))
What are the penalties for possession of unlawful telecommunication device in Utah?
Penalties for possession of unlawful telecommunication device in Utah depend on how it is classified — from a Class B Misdemeanor up to a Second Degree Felony — with the ranges set by Utah Code Ann. § 76-3-204 and Utah Code Ann. § 76-3-203; the full table of ranges by variant is published on this page.
Which Utah statute covers possession of unlawful telecommunication device?
Possession of unlawful telecommunication device is governed by Utah Code Ann. § 76-6-409.7 (Possession of unlawful telecommunication device).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.