The state of Utah includes various laws regarding identity fraud and the protection of personal information. It is essential for all consumers and businesses to do their part to ensure this data is safe and protected from criminals. People looking to steal the personal identifying information of others will do it any way they can, whether it is directly from the individual, through a business database, or otherwise. Both home and business security are vital for keeping this information safe.
- 1 Utah Laws
- 1.1 Identity Fraud - 76-6-1102
- 1.2 Suspected Misuse of Personal Identifying Information - 35A-4-312.5
- 1.3 Protection of Personal Information - 13-42-201
- 1.4 Disclosure of System Security Breach - 13-42-202
- 1.5 Phishing - 76-10-1801(f)
- 1.6 Financial Transaction Cards - 76-6-506.3
- 1.7 Driver’s Licenses - 53-3-229
- 2 Resources
Identity Fraud - 76-6-1102
Intentionally using the personal information of another is known in the state of Utah as identity fraud. Attempting to gain employment, goods, credit, records, or cash while using this information is further punishable by the state of law. It is a third degree felony to use this information, no the matter the intent. Obtaining a goods, credit, or money in the amount of $5,000 or more earns the perpetrator a second degree felony charge. A minimum of one year in prison will be spent, and up to $10,000 paid. The offender will also have to pay restitution to the victim.
Suspected Misuse of Personal Identifying Information - 35A-4-312.5
Suspected misuse of personal identifying information mainly refers to the use of someone else’s social security number. Some will use the information in order to gain employment. This could mean there are two people using the same number in order to work. Children under the age of 16 have never worked, making their social security numbers easier for someone to use. Once reported wages under the number exceed $1,000, the suspicion of misuse will come to light. It will then be reported to law enforcement so an investigation will begin. A crime of identity fraud may be charged.
Protection of Personal Information - 13-42-201
Any individual that conducts business in the state of Utah must vow to protect the personal information of all customers and employees. This includes implementing safety procedures that will keep sensitive information from being breached. No information shall be collected or maintained if there is not a proper procedure in place to protect it. Once the information is no longer needed, the business owner must ensure it is erased from the system, and all paper files are shredded.
Disclosure of System Security Breach - 13-42-202
A security breach may occur even with the most advanced security system in place. If it does, it is important that the company responsible for maintaining any personal information informs the people to whom the information belongs. Written notice should be given to all individuals who have their data in the system, especially if it contains more than just a name and address. The notification should also include disclosing the breach to news agencies and listing the details on the company’s website. This can help reach more people in a timely manner.
Phishing - 76-10-1801(f)
Using a computer in order to obtain personal information is known as phishing. This is typically done through a false website or via email. The perpetrator will send an email to a consumer claiming to being a business that requires personal information. Many people fall for the scam, and send their information without hesitation. Another method is to link consumers to a false website that requires users to create an account or enter information when they make a purchase. Their data is then collected from there. Even obtaining the electronic signature of another person is a crime under this law, let alone their payment card information, PIN number, social security number, and driver’s license details. This is a second degree felony offense.
Financial Transaction Cards - 76-6-506.3
Acquiring a financial transaction card that belongs to another person is a third degree felony in Utah. It can earn the offender a maximum prison term of five years. Associated fines of $5,000 may also be applied. Not only using the card, but also selling it to someone else are both considered under this law. The charge is given whether or not the card is expired or active. Selling only the card information, such as the pin number, card number, or CVV is also unlawful.
Driver’s Licenses - 53-3-229
Using a fraudulent driver’s license in order to acquire services is prohibited by Utah state law. It will earn the perpetrator a third degree felony charge, and up to five years in prison. Any employee of the Driver License Bureau that provides identification to someone that does not rightfully obtain it is committing a Class A misdemeanor. This could earn them a year in the county jail, along with a $2,500 fine. A person that then uses this ID in order to purchase alcohol also commits a Class A misdemeanor crime, and faces the same sentence. Lending an acquaintance a driver’s license so they can use it to receive goods or services is a Class C misdemeanor offense. The person who lent the ID may spend 90 days in jail, and have to pay $750 to the state.
The state of Utah does its best to keep updated information regarding identity fraud that consumers can use as resources when they experience the crime.
Idtheft.utah.gov: Utah offers its own identity theft solution website. The site discusses resources to contact in the event of an identity fraud situation, as well as provides details of scams and alerts in the area.
Attorneygeneral.utah.gov: The State of Utah Office of the Attorney General focuses on victim advocacy. A section devoted to victims’ rights and discussing appropriate steps for court hearings in a criminal case is included on the website.
Theiacp.org: The International Association of Chiefs of Police has information regarding identity theft in each state. The state of Utah ranks 31 in the state for the number of complaints of identity fraud.
Defenselawutah.com: Victims wishing to look into the legal proceedings for an identity fraud case can speak to a lawyer. An overview of the related laws and punishments for each are included on their website.