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Utah statute

Utah Code Ann. § 76-6-1303 — Possession, sale, or use of automated sales suppression device unlawful.

Current through 2026 General Session

Part of Part 13: Utah Automated Sales Suppression Device Act, Utah Code.

Criminal charges under this statute

Full text of Utah Code Ann. § 76-6-1303

Statutory text current through the 2026 General Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Utah.

Utah Code Ann. § 76-6-1303Primary source, current through the 2026 General Session
(1) Terms defined in Sections 76-1-101.5 and 76-6-1302 apply to this section. (2) An actor commits possession, sale, or use of an automated sales suppression device if the actor willfully or knowingly sells, purchases, installs, transfers, uses, or possesses in this state any automated sales suppression device or phantomware with the intent to defraud. (3)(a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a third degree felony. (3)(b) A second or subsequent violation of Subsection (2) is a second degree felony. (3)(c) Notwithstanding Section 76-3-301, any person convicted of violating Subsection (2) may be fined not more than twice the amount of the applicable taxes that would otherwise be due, but for the use of the automated sales suppression device or phantomware. (3)(d) Any person convicted of a violation of Subsection (2): (3)(d)(i) is liable for all applicable taxes, penalties under Section 59-1-401, and interest under Section 59-1-402 that would otherwise be due, but for the use of the automated sales suppression device or phantomware to evade the payment of taxes; and (3)(d)(ii) shall disgorge all profits associated with the sale or use of an automated sales suppression device or phantomware. (4) An automated sales suppression device and any device containing an automated sales suppression device is contraband and subject to forfeiture under Title 77, Chapter 11b, Forfeiture of Seized Property.

Official sources

Legal terms used in this section

Questions this section answers

Is possession, sale, or use of automated sales suppression device unlawful a felony or a misdemeanor in Utah?

It depends on the circumstances: possession, sale, or use of automated sales suppression device unlawful ranges from a Third Degree Felony to a Second Degree Felony in Utah under Utah Code Ann. § 76-6-1303.

First offense - possession, sale, or use of automated sales suppression device: Third Degree Felony (Utah Code Ann. § 76-6-1303(3)(a)) · Second or subsequent offense - possession, sale, or use of automated sales suppression device: Second Degree Felony (Utah Code Ann. § 76-6-1303(3)(b))

Which Utah statute covers possession, sale, or use of automated sales suppression device unlawful?

Possession, sale, or use of automated sales suppression device unlawful is governed by Utah Code Ann. § 76-6-1303 (Possession, sale, or use of automated sales suppression device unlawful).

This reference is informational and is not legal advice.