Unlawful possession of another's identification documents.

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  • (1) As used in this section:
    • (a)
      • (i) "Identifying document" means:
        • (A) a government issued document commonly used for identification;
        • (B) a vehicle registration certificate; or
        • (C) any other document, image, data file, or medium containing personal identifying information as defined in Subsections 76-6-1102(1)(a)(ii) through (xiii).
      • (ii) "Identifying document" includes:
        • (A) a counterfeit identifying document; or
        • (B) a document containing personal identifying information of a deceased individual.
    • (b) "Possess" means to have physical control or electronic access.
  • (2)
    • (a) Under circumstances that do not constitute a violation of Section 76-6-1102 or Section 76-6-502, an individual is guilty of a class A misdemeanor if the individual:
      • (i) obtains or possesses an identifying document:
        • (A) with knowledge that the individual is not entitled to obtain or possess the identifying document; or
        • (B) with intent to deceive or defraud; or
      • (ii) assists another person in obtaining or possessing an identifying document:
        • (A) with knowledge that the person is not entitled to obtain or possess the identifying document; or
        • (B) with knowledge that the person intends to use the identifying document to deceive or defraud.
    • (b) Under circumstances that do not constitute a violation of Section 76-6-1102, an individual is guilty of a third degree felony if the individual:
      • (i) obtains or possesses identifying documents of more than two, but fewer than 100, individuals:
        • (A) with knowledge that the individual is not entitled to obtain or possess the identifying documents; or
        • (B) with intent to deceive or defraud; or
      • (ii) assists another person in obtaining or possessing identifying documents of more than two, but fewer than 100, individuals:
        • (A) with knowledge that the person is not entitled to obtain or possess the multiple identifying documents; or
        • (B) with knowledge that the person intends to use the identifying documents to deceive or defraud.
    • (c) Under circumstances that do not constitute a violation of Section 76-6-1102, an individual is guilty of a second degree felony if the individual:
      • (i) obtains or possesses identifying documents of 100 or more individuals:
        • (A) with knowledge that the individual is not entitled to obtain or possess the identifying documents; or
        • (B) with intent to deceive or defraud; or
      • (ii) assists another person in obtaining or possessing identifying documents of 100 or more individuals:
        • (A) with knowledge that the person is not entitled to obtain or possess the identifying documents; or
        • (B) with knowledge that the person intends to use the identifying documents to deceive or defraud.




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