Section 76-6-1105 - Unlawful possession of another's identification documents(1)(a) As used in this section: (i)(A) "Identifying document" means:(I) a government issued document commonly used for identification;(II) a vehicle registration certificate; or(III) any other document, image, data file, or medium containing personal identifying information as defined in Subsection 76-6-1101(1)(a).(B) "Identifying document" includes: (I) a counterfeit identifying document; or(II) a document containing personal identifying information of a deceased individual.(ii) "Possess" means to have physical control or electronic access.(b) Terms defined in Sections 76-1-101.5 and 76-6-1101 apply to this section.(2)(a) Under circumstances that do not constitute a violation of Section 76-6-502 or 76-6-1102, an actor commits unlawful possession of another's identification documents if the actor: (i) obtains or possesses an identifying document: (A) with knowledge that the actor 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 76-6-502 or 76-6-1102, an actor commits unlawful possession of another's identification documents if the actor: (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 76-6-502 or 76-6-1102, an actor commits unlawful possession of another's identification documents if the actor: (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.(3) A violation of: (a) Subsection (2)(a) is a class A misdemeanor;(b) Subsection (2)(b) is a third degree felony; or(c) Subsection (2)(c) is a second degree felony.Amended by Chapter 111, 2023 General Session ,§ 124, eff. 5/3/2023.Amended by Chapter 260, 2021 General Session ,§ 36, eff. 7/1/2021.Amended by Chapter 221, 2018 General Session ,§ 3, eff. 5/8/2018.Enacted by Chapter 227, 2004 General Session.