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Theft: Manufacture of an Unlawful Telecommunication Device


Theft: Manufacture of an Unlawful Telecommunication Device

Manufacture of an Unlawful Telecommunication Device - Theft - Attorneys

What it is:

Manufacture of an unlawful telecommunication device is a crime whereby the offender creates an illegal or counterfeit cellular telephone or other communication device designed to interfere with or illegally access a cellular network.

Manufacture of an Unlawful Telecommunication Device

Utah Code §76-6-409.9

Degree

Depending on the facts, manufacture of an unlawful telecommunication device can be charged as a 2nd degree felony or 3rd degree felony.

Elements

The accused commits a 3rd degree felony manufacture of an unlawful telecommunication device when they intentionally manufacture an unlawful telecommunication device.

If the offense under this section involves the intentional manufacture of 5 or more unlawful telecommunication devices within a 6-month period, the accused is guilty of a 2nd degree felony manufacture of an unlawful telecommunication device.

Fine

2nd degree felony: A fine not to exceed $10,000, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(a), Utah Code Ann. §51-9-401)
3rd degree felony: A fine not to exceed $5,000, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(a)(b), Utah Code Ann. §51-9-401)

Restitution

The court may order the accused to pay restitution if convicted of this crime.
(Utah Code Ann. §77-38a-301)

Imprisonment

2nd degree felony: A term of imprisonment not less than 1 year nor more than 15 years.
(Utah Code Ann. §76-3-203(2))
3rd degree felony: A term of imprisonment not to exceed 5 years.
(Utah Code Ann. §76-3-203(3))

DNA Specimen Analysis

A defendant convicted of a 2nd or 3rd degree felony manufacture of an unlawful telecommunication device must provide a DNA specimen.
(Utah Code Ann. §53-10-403(2))

Firearms

A defendant convicted of a 2nd or 3rd degree felony manufacture of an unlawful telecommunication device may not posses, use or have control of a firearm or ammunition for life.
(Utah Code Ann. §76-10-503, 18 U.S.C. §921-930)


Other Criminal Charges

Learn more about crimes related to Manufacture of an Unlawful Telecommunication Device. If you have any questions, please feel free to call our office at (801) 505-1586.