Utah criminal charge
Use of telecommunication device to avoid lawful charge for service in Utah
Use of telecommunication device to avoid lawful charge for service is a criminal offense under Utah law, defined by Utah Code Ann. § 76-6-409.6. 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. § 76-6-409.6.
What is the penalty for use of telecommunication device to avoid lawful charge for service in Utah?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 6 months (Value less than $300 or unascertainable — The value of the telecommunication service obtained is less than $300 or cannot be ascertained.) | discretionary | Utah Code Ann. § 76-3-204 |
| Fine | up to $1,000 (Value less than $300 or unascertainable — The value of the telecommunication service obtained is less than $300 or cannot be ascertained.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-204 |
| Jail / prison | Value $300 to $1,000 — The value of the telecommunication service is or exceeds $300 but is not more than $1,000.; 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)) | discretionary | Utah Code Ann. § 76-3-204 |
| Fine | up to $2,500 (Value $300 to $1,000 — The value of the telecommunication service is or exceeds $300 but is not more than $1,000.; 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 (Value $1,000 to $5,000 — The value of the telecommunication service is or exceeds $1,000 but is not more than $5,000.; 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 (Value $1,000 to $5,000 — The value of the telecommunication service is or exceeds $1,000 but is not more than $5,000.; 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 use of telecommunication device to avoid lawful charge for service classified in Utah?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Value less than $300 or unascertainable | Class B Misdemeanor | The value of the telecommunication service obtained is less than $300 or cannot be ascertained. | Utah Code Ann. § 76-6-409.6(3)(a)(i) |
| Value $300 to $1,000 | Class A Misdemeanor | The value of the telecommunication service is or exceeds $300 but is not more than $1,000. | Utah Code Ann. § 76-6-409.6(3)(a)(ii) |
| Value $1,000 to $5,000 | Third Degree Felony | The value of the telecommunication service is or exceeds $1,000 but is not more than $5,000. | Utah Code Ann. § 76-6-409.6(3)(a)(iii) |
Common questions about use of telecommunication device to avoid lawful charge for service in Utah
Is use of telecommunication device to avoid lawful charge for service a felony or a misdemeanor in Utah?
It depends on the circumstances: use of telecommunication device to avoid lawful charge for service ranges from a Class B Misdemeanor to a Third Degree Felony in Utah under Utah Code Ann. § 76-6-409.6.
Value less than $300 or unascertainable: Class B Misdemeanor (Utah Code Ann. § 76-6-409.6(3)(a)(i)) · Value $300 to $1,000: Class A Misdemeanor (Utah Code Ann. § 76-6-409.6(3)(a)(ii)) · Value $1,000 to $5,000: Third Degree Felony (Utah Code Ann. § 76-6-409.6(3)(a)(iii))
What are the penalties for use of telecommunication device to avoid lawful charge for service in Utah?
Penalties for use of telecommunication device to avoid lawful charge for service in Utah depend on how it is classified — from a Class B Misdemeanor up to a Third 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 use of telecommunication device to avoid lawful charge for service?
Use of telecommunication device to avoid lawful charge for service is governed by Utah Code Ann. § 76-6-409.6 (Use of telecommunication device to avoid lawful charge for service).
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.