Utah statute

Utah Code Ann. § 76-6-506.6 — Financial transaction card offenses - Unauthorized factoring of credit card sales drafts.

Current through 2026 General Session

Part of Part 5: Fraud, Utah Code.

Criminal charges under this statute

Financial transaction card offenses

Full text of Utah Code Ann. § 76-6-506.6

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. § 76-6-506.6Primary source, current through the 2026 General Session

(1) Terms defined in Sections 76-1-101.5 and 76-6-506 apply to this section. (2) An actor commits an unauthorized factoring of credit card sales draft if the actor acts: (2)(a) knowingly, with intent to defraud; (2)(b) without the express authorization of the issuer; and (2)(c) to employ, solicit, or otherwise cause an authorized credit card merchant, or for the authorized credit card merchant himself or herself, to present any credit card sales draft to the issuer: (2)(c)(i) for payment pertaining to any sale or purported sale of goods or services; and (2)(c)(ii) the sale or purported sale was not made by the authorized credit card merchant in the ordinary course of business. (3)(a) A violation of Subsection (2) is: (3)(a)(i) a class B misdemeanor if the value of the property, money, or thing obtained or sought to be obtained is less than $500; (3)(a)(ii) a class A misdemeanor if the value of the property, money, or thing obtained or sought to be obtained is or exceeds $500 but is less than $1,500; (3)(a)(iii) a third degree felony if the value of the property, money, or thing obtained or attempted to be obtained is or exceeds $1,500 but is less than $5,000; or (3)(a)(iv) a second degree felony if the value of the property, money, or thing obtained or attempted to be obtained is or exceeds $5,000. (3)(b) Multiple violations of Subsection (2) may be aggregated into a single offense, and the degree of the offense is determined by the total value of all property, money, or things obtained or attempted to be obtained through the multiple violations. (4) The court shall make appropriate findings in any prosecution under this section that the card holder did not commit the crime. (5) This section may not be construed to impose criminal or civil liability on any law enforcement officer acting within the scope of a criminal investigation. (6) The forfeiture of property under this section, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be conducted in accordance with Title 77, Chapter 11a, Seizure of Property and Contraband, through Chapter 11c, Retention of Evidence.

Official sources

Legal terms used in this section

Questions this section answers

Is financial transaction card offenses a felony or a misdemeanor in Utah?

It depends on the circumstances: financial transaction card offenses ranges from a Class B Misdemeanor to a Second Degree Felony in Utah under Utah Code Ann. § 76-6-506.6.

Value less than $500: Class B Misdemeanor (Utah Code Ann. § 76-6-506.6(3)(a)(i)) · Value $500 to $1,500: Class A Misdemeanor (Utah Code Ann. § 76-6-506.6(3)(a)(ii)) · Value $1,500 to $5,000: Third Degree Felony (Utah Code Ann. § 76-6-506.6(3)(a)(iii)) · Value $5,000 or more: Second Degree Felony (Utah Code Ann. § 76-6-506.6(3)(a)(iv))

Which Utah statute covers financial transaction card offenses?

Financial transaction card offenses is governed by Utah Code Ann. § 76-6-506.6 (Financial transaction card offenses - Unauthorized factoring of credit card sales drafts).

This reference is informational and is not legal advice.