Utah criminal charge
Sale of an unlawful telecommunication device in Utah
Sale of an unlawful telecommunication device is a criminal offense under Utah law, defined by Utah Code Ann. § 76-6-409.8. 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. § 76-6-409.8.
What is the penalty for sale of an unlawful telecommunication device in Utah?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 5 years (Sale of unlawful telecommunication device — base offense — Applies to a violation of Subsection (2) except when the five-or-more-devices circumstance in Subsection (3)(b) applies.; 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 (Sale of unlawful telecommunication device — base offense — Applies to a violation of Subsection (2) except when the five-or-more-devices circumstance in Subsection (3)(b) applies.; 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 (Sale of unlawful telecommunication device — five or more devices within six months — Applies when the offense involves the intentional sale of five or more unlawful telecommunication devices within a six-month period.; 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 (Sale of unlawful telecommunication device — five or more devices within six months — Applies when the offense involves the intentional sale of five or more unlawful telecommunication devices within a six-month period.; 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 sale of an unlawful telecommunication device classified in Utah?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Sale of unlawful telecommunication device — base offense | Third Degree Felony | Applies to a violation of Subsection (2) except when the five-or-more-devices circumstance in Subsection (3)(b) applies. | Utah Code Ann. § 76-6-409.8(3)(a) |
| Sale of unlawful telecommunication device — five or more devices within six months | Second Degree Felony | Applies when the offense involves the intentional sale of five or more unlawful telecommunication devices within a six-month period. | Utah Code Ann. § 76-6-409.8(3)(b) |
Common questions about sale of an unlawful telecommunication device in Utah
Is sale of an unlawful telecommunication device a felony or a misdemeanor in Utah?
It depends on the circumstances: sale of an unlawful telecommunication device ranges from a Third Degree Felony to a Second Degree Felony in Utah under Utah Code Ann. § 76-6-409.8.
Sale of unlawful telecommunication device — base offense: Third Degree Felony (Utah Code Ann. § 76-6-409.8(3)(a)) · Sale of unlawful telecommunication device — five or more devices within six months: Second Degree Felony (Utah Code Ann. § 76-6-409.8(3)(b))
What are the penalties for sale of an unlawful telecommunication device in Utah?
Penalties for sale of an unlawful telecommunication device in Utah depend on how it is classified — from a Third Degree Felony up to a Second Degree Felony — with the ranges set by Utah Code Ann. § 76-3-203; the full table of ranges by variant is published on this page.
Which Utah statute covers sale of an unlawful telecommunication device?
Sale of an unlawful telecommunication device is governed by Utah Code Ann. § 76-6-409.8 (Sale of an 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.