Degree

Depending on the facts, use of telecommunication device to avoid lawful charge for services can be charged as a 2^nd degree felony, 3^rd degree felony, class A misdemeanor or class B misdemeanor.

Elements

A defendant commits a 2^nd degree felony use of a telecommunication device to avoid lawful charge for services when they use a telecommunication device with the intent to avoid the payment of any lawful charge for telecommunication service or with the knowledge that it was to avoid the payment of any lawful charge for telecommunication services and the value of the telecommunication service charge is or exceeds $5,000; or the cloned cellular telephone was used to facilitate the commission of a felony; or the defendant has previously been convicted of use of telecommunication device to avoid lawful charge for service.

A defendant commits a 3^rd degree felony use of telecommunication device to avoid lawful charge for services when they use a telecommunication device with the intent to avoid the payment of any lawful charge for telecommunication service or with the knowledge that it was to avoid the payment of any lawful charge for telecommunication services and the value of the telecommunication service charge is or exceeds $1,000 but is not more than $5,000.

A defendant commits a class A misdemeanor use of telecommunication device to avoid lawful charge for services when they use a telecommunication device with the intent to avoid the payment of any lawful charge for telecommunication service or with the knowledge that it was to avoid the payment of any lawful charge for telecommunication services and the value of the telecommunication service charge is or exceeds $300 but is not more than $1,000.

A defendant commits a class B misdemeanor use of telecommunication device to avoid lawful charge for services when they use a telecommunication device with the intent to avoid the payment of any lawful charge for telecommunication service or with the knowledge that it was to avoid the payment of any lawful charge for telecommunication services and the value of the telecommunication service charge is less than $300 or cannot be ascertained.

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 A misdemeanor: A fine not to exceed $2,500, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(c), 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 A misdemeanor: A term in jail not to exceed 1 year.
(Utah Code Ann. §76-3-204(1))
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 class A misdemeanor, 2^nd or 3^rd degree felony use of a telecommunication device to avoid service charges 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)