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Utah criminal charge

Unlawful possession of another's identification documents in Utah

Current through 2026 Utah legislative session

Unlawful possession of another's identification documents is a criminal offense under Utah law, defined by Utah Code Ann. § 76-6-1105. 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. § 76-6-1105.

What is the penalty for unlawful possession of another's identification documents in Utah?

Penalties for Unlawful possession of another's identification documents
PenaltyRangeBasisAuthority
Jail / prisonUnlawful possession of a single individual's identification documents — Applies when the actor violates Subsection (2)(a), i.e., obtains, possesses, or assists another in obtaining or possessing an identifying document of one individual with knowledge of lack of entitlement or intent/knowledge to deceive or defraud.; up to 364 days — except up to one year for class A misdemeanors under Title 76, Chapter 5 (Offenses Against the Individual), other than Sections 76-5-102.9, 76-5-107.5, 76-5-113, and 76-5-303, which remain at 364 days (Utah Code Ann. § 76-3-204(1))discretionaryUtah Code Ann. § 76-3-204
Fineup to $2,500 (Unlawful possession of a single individual's identification documents — Applies when the actor violates Subsection (2)(a), i.e., obtains, possesses, or assists another in obtaining or possessing an identifying document of one individual with knowledge of lack of entitlement or intent/knowledge to deceive or defraud.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301))discretionaryUtah Code Ann. § 76-3-204
Jail / prisonup to 5 years (Unlawful possession of identification documents of more than two but fewer than 100 individuals — Applies when the actor violates Subsection (2)(b), i.e., obtains, possesses, or assists another in obtaining or possessing identifying documents of more than two but fewer than 100 individuals with knowledge of lack of entitlement or intent/knowledge to deceive or defraud.; indeterminate prison term, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole)discretionaryUtah Code Ann. § 76-3-203
Fineup to $5,000 (Unlawful possession of identification documents of more than two but fewer than 100 individuals — Applies when the actor violates Subsection (2)(b), i.e., obtains, possesses, or assists another in obtaining or possessing identifying documents of more than two but fewer than 100 individuals with knowledge of lack of entitlement or intent/knowledge to deceive or defraud.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301))discretionaryUtah Code Ann. § 76-3-203
Jail / prison1 years to 15 years (Unlawful possession of identification documents of 100 or more individuals — Applies when the actor violates Subsection (2)(c), i.e., obtains, possesses, or assists another in obtaining or possessing identifying documents of 100 or more individuals with knowledge of lack of entitlement or intent/knowledge to deceive or defraud.; indeterminate prison term, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole)discretionaryUtah Code Ann. § 76-3-203
Fineup to $10,000 (Unlawful possession of identification documents of 100 or more individuals — Applies when the actor violates Subsection (2)(c), i.e., obtains, possesses, or assists another in obtaining or possessing identifying documents of 100 or more individuals with knowledge of lack of entitlement or intent/knowledge to deceive or defraud.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301))discretionaryUtah Code Ann. § 76-3-203

Applies to current (2026 General Session).

How is unlawful possession of another's identification documents classified in Utah?

The classification depends on the circumstances:

Classification variants for Unlawful possession of another's identification documents
VariantClassificationWhen it appliesStatute
Unlawful possession of a single individual's identification documentsClass A MisdemeanorApplies when the actor violates Subsection (2)(a), i.e., obtains, possesses, or assists another in obtaining or possessing an identifying document of one individual with knowledge of lack of entitlement or intent/knowledge to deceive or defraud.Utah Code Ann. § 76-6-1105(3)(a)
Unlawful possession of identification documents of more than two but fewer than 100 individualsThird Degree FelonyApplies when the actor violates Subsection (2)(b), i.e., obtains, possesses, or assists another in obtaining or possessing identifying documents of more than two but fewer than 100 individuals with knowledge of lack of entitlement or intent/knowledge to deceive or defraud.Utah Code Ann. § 76-6-1105(3)(b)
Unlawful possession of identification documents of 100 or more individualsSecond Degree FelonyApplies when the actor violates Subsection (2)(c), i.e., obtains, possesses, or assists another in obtaining or possessing identifying documents of 100 or more individuals with knowledge of lack of entitlement or intent/knowledge to deceive or defraud.Utah Code Ann. § 76-6-1105(3)(c)

Common questions about unlawful possession of another's identification documents in Utah

Is unlawful possession of another's identification documents a felony or a misdemeanor in Utah?

It depends on the circumstances: unlawful possession of another's identification documents ranges from a Class A Misdemeanor to a Second Degree Felony in Utah under Utah Code Ann. § 76-6-1105.

Unlawful possession of a single individual's identification documents: Class A Misdemeanor (Utah Code Ann. § 76-6-1105(3)(a)) · Unlawful possession of identification documents of more than two but fewer than 100 individuals: Third Degree Felony (Utah Code Ann. § 76-6-1105(3)(b)) · Unlawful possession of identification documents of 100 or more individuals: Second Degree Felony (Utah Code Ann. § 76-6-1105(3)(c))

What are the penalties for unlawful possession of another's identification documents in Utah?

Penalties for unlawful possession of another's identification documents in Utah depend on how it is classified — from a Class A 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 unlawful possession of another's identification documents?

Unlawful possession of another's identification documents is governed by Utah Code Ann. § 76-6-1105 (Unlawful possession of another's identification documents).

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.