Financial transaction card offenses -- Classification -- Multiple violations.

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  • (1) Any person found guilty of unlawful conduct described in Section 76-6-506.2 or 76-6-506.6 is guilty of:
    • (a) a class B misdemeanor when the value of the property, money, or thing obtained or sought to be obtained is less than $500;
    • (b) a class A misdemeanor when the value of the property, money, or thing obtained or sought to be obtained is or exceeds $500 but is less than $1,500;
    • (c) a third degree felony when 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; and
    • (d) a second degree felony when the value of the property, money, or thing obtained or attempted to be obtained is or exceeds $5,000.
  • (2) Multiple violations of Subsection 76-6-506.2(1), Section 76-6-506.6, and this section 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.
  • (3) The court shall make appropriate findings in any prosecution under this section that the card holder did not commit the crime.




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