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Utah statute

Utah Code Ann. § 76-6-409.6 — Use of telecommunication device to avoid lawful charge for service.

Current through 2026 General Session

Part of Part 4: Theft, Utah Code.

Criminal charges under this statute

Full text of Utah Code Ann. § 76-6-409.6

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. § 76-6-409.6Primary source, current through the 2026 General Session
(1) Terms defined in Sections 76-1-101.5 and 76-6-409.5 apply to this section. (2) An actor commits use of a telecommunication device to avoid lawful charge for service if the actor uses a telecommunication device: (2)(a) with the intent to avoid the payment of a lawful charge for telecommunication service; or (2)(b) with the knowledge that the use of the telecommunication device was to avoid the payment of a lawful charge for telecommunication service. (3)(a) A violation of Subsection (2) is: (3)(a)(i) a class B misdemeanor, if the value of the telecommunication service is less than $300 or cannot be ascertained; (3)(a)(ii) a class A misdemeanor, if the value of the telecommunication service charge is or exceeds $300 but is not more than $1,000; (3)(a)(iii) a third degree felony, if the value of the telecommunication service is or exceeds $1,000 but is not more than $5,000; or (3)(a)(iv) a second degree felony, if: (3)(a)(iv)(A) the value of the telecommunication service is or exceeds $5,000; (3)(a)(iv)(B) the cloned cellular telephone was used to facilitate the commission of a felony; or (3)(a)(iv)(C) the actor previously has been convicted of a violation of this section. (3)(b) An actor who violates this section is subject to the restitution and civil action provisions described in Section 76-6-409.10.

Official sources

Legal terms used in this section

Questions this section answers

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))

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).

This reference is informational and is not legal advice.