Degree

Depending on the facts, possession of any unlawful telecommunication device can be charged as a 2^nd degree felony, 3^rd degree felony, or class B misdemeanor.

Elements

The accused commits a 2^nd degree felony possession of an unlawful telecommunication device when they knowingly and unlawfully possess an instrument capable of intercepting electronic serial number and mobile identification number combinations under circumstances evidencing an intent to clone; or knowingly and unlawfully possesses cloning paraphernalia under circumstances evidencing an intent to clone.

A defendant commits a 3^rd degree felony possession of any unlawful telecommunication device when they knowingly possess five or more unlawful telecommunication devices in the same criminal episode.

A defendant commits a class B misdemeanor possession of any unlawful telecommunication device when they knowingly possess an unlawful telecommunication device.

Fine

2^nd 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)
3^rd 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)
Class B misdemeanor: A fine not to exceed $1,000, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(d), 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

2^nd degree felony: A term of imprisonment not less than 1 year nor more than 15 years.
(Utah Code Ann. §76-3-203(2))
3^rd degree felony: A term of imprisonment not to exceed 5 years.
(Utah Code Ann. §76-3-203(3))
Class B misdemeanor: A term in jail not to exceed 6 months.
(Utah Code Ann. §76-3-204(2))

DNA Specimen Analysis

A defendant convicted of a 2^nd or 3^rd 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 2^nd or 3^rd 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)