Degree

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

Elements

The accused commits a 3^rd degree felony sale of an unlawful telecommunication device when they intentionally sell an unlawful telecommunication device or material, including hardware, data, computer software, or other information or equipment, knowing that the purchaser or a third person intends to use such material in the manufacture of an unlawful telecommunication device.

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

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)

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))

DNA Specimen Analysis

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