Utah Identity Theft Laws: Penalties and Victim Rights

Utah prosecutes identity theft as identity fraud under Utah Code section 76-6-1102, part of the state's Identity Fraud Act. The offense is graded as one of two felonies, set either by the value obtained or by whether the misuse caused bodily injury, and a conviction requires the court to order restitution to the victim. A separate section of the same Act, Utah Code 76-6-1105, covers unlawful possession of another person's identification documents and starts at a class A misdemeanor. This page covers the statute's penalty structure, Utah's tax-specific fraud protections, its own minor credit-protection law, and where the federal recovery process fills the remaining gaps.

This article addresses Utah state law, primarily the Identity Fraud Act at Utah Code section 76-6-1102, plus the federal layer that applies in every state. Several details noted below could not be independently confirmed during research and are flagged as open questions rather than stated as settled law; verify specifics with the Utah Attorney General's office or a licensed Utah attorney before relying on them.

Utah Code 76-6-1102: The Identity Fraud Act

A person commits identity fraud under Utah Code section 76-6-1102 by knowingly or intentionally using, or attempting to use, another person's personal identifying information with fraudulent intent, including to obtain or attempt to obtain credit, goods, services, employment, any other thing of value, or medical information. The statute applies whether the person whose information was used is alive or deceased, so using a dead relative's Social Security number falls squarely within it.

The section also closes off one common defense. It is not a defense to a violation that the actor did not know the personal information belonged to another person, which means a defendant who believed the details were invented or unassigned is still exposed. The section sits in Title 76, Chapter 6, Part 11 of the Utah Code, the Identity Fraud Act.

Penalty Tiers: Dollar Value or Bodily Injury

Utah's penalty structure runs on a single dollar threshold plus one non-monetary trigger. If the value of the credit, goods, services, employment, or other thing of value is less than $5,000, the offense is a third-degree felony. It is a second-degree felony if that value is $5,000 or more, so a case at exactly $5,000 sits in the higher tier rather than the lower one.

The offense is also a second-degree felony regardless of dollar value if the use of the personal identifying information results, directly or indirectly, in bodily injury to another person. That matters most in medical identity theft, where a stolen identity can corrupt a patient record. The statute further allows multiple separate violations to be aggregated into one offense, with the degree determined by the total value involved across those violations.

Identity fraud itself has no misdemeanor tier, but the Identity Fraud Act is not limited to section 76-6-1102. Utah Code 76-6-1105 reaches unlawful possession of another person's identification documents in circumstances that do not constitute a violation of 76-6-1102 or the theft statute at 76-6-502. Obtaining or possessing an identifying document knowing you are not entitled to it, or with intent to deceive or defraud, is a class A misdemeanor. The same conduct involving the documents of more than two but fewer than 100 individuals is a third-degree felony, and 100 or more individuals makes it a second-degree felony. Low-dollar or possession-only conduct in Utah can therefore still be charged below the felony line, just under a different section of the Act.

Mandatory Restitution

A conviction under Utah Code 76-6-1102 requires the court to order the defendant to pay restitution in accordance with Title 77, Chapter 38b, the Crime Victims Restitution Act. The statute then spells out what that restitution may include: costs incurred such as attorney fees, lost wages, and replacement of checks, plus the value of the victim's own time spent clearing their credit history or credit rating, handling civil or administrative proceedings needed to resolve a debt or lien arising from the offense, and otherwise remedying the harm caused.

Beyond the mandatory restitution built into the criminal statute, this article did not confirm whether Utah maintains a separate civil cause of action specifically for identity fraud victims, distinct from restitution ordered in a criminal case. That question was left open after a genuine search effort, so if a civil claim against an identity thief is under consideration, an attorney can advise on what general Utah tort or consumer-protection law might apply. If the loss came from a seller's deceptive practice in a consumer transaction, our guide to Utah scam and fraud laws explains the Consumer Sales Practices Act claim and its limits.

Utah's Minor and Protected Consumer Freeze Law

Utah maintains its own state-law credit protection for minors, found in Utah Code Title 13, Chapter 45, Part 5, the Credit Report Protection for Minors provisions of the state's Consumer Credit Protection Act. That part became effective January 1, 2016, predating the 2018 federal minor-freeze right by two years. The specific age threshold and the operative mechanics for placing and removing a freeze under this part could not be extracted from the available source during this article's research, so parents and guardians should confirm the current process directly with a credit bureau or the Utah Attorney General's office rather than relying on a secondhand description.

Utah's Tax Identity Theft Protections

The Utah State Tax Commission runs a Suspicious Filer Group dedicated to reviewing state tax returns for signs of fraud and flagging accounts belonging to confirmed or suspected victims. Utah also participates in a multi-state network that shares identity theft reports across state lines, which can help catch a filer using a stolen identity to submit fraudulent returns in more than one state. This state-level protection runs alongside the federal IRS process described in our tax identity theft guide.

Reporting Identity Theft in Utah

The Utah Attorney General's office directs identity theft victims to file with the federal IdentityTheft.gov site for a personalized recovery plan, along with general guidance on placing fraud alerts or credit freezes and reviewing account statements closely. The office also points to Utah's Safe at Home Program, which can provide a legal substitute address for eligible individuals concerned about ongoing address privacy and risk. The Attorney General's office did not describe a dedicated identity-theft hotline or a formal victim-certification program separate from these resources; its general office line is 801-366-0260.

The Federal Layer

Every Utah identity theft victim can also draw on federal protections that apply regardless of state. The Fair Credit Reporting Act's section 605b lets a victim submit a police report or FTC Identity Theft Report to block fraudulent information from appearing on their credit file. Since 2018, federal law has required all three nationwide credit bureaus to offer security freezes and fraud alerts to any consumer, free of charge. IdentityTheft.gov, run by the Federal Trade Commission, remains the fastest way to generate the initial recovery plan most other steps build on.

Information last verified on 2026-09-02. This article has not yet been reviewed by a licensed lawyer.

Related Resources

• Identity Theft Laws: Federal Rules and State Penalties
• How to Report Identity Theft
• Tax Identity Theft: When to File IRS Form 14039

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Last updated: 2026-09-02.

Frequently Asked Questions

What is the penalty for identity fraud in Utah?

It is a third-degree felony if the value obtained is less than $5,000, and a second-degree felony if the value is $5,000 or more or if the use of the information results, directly or indirectly, in bodily injury to another person. Multiple violations can be aggregated into one offense, with the degree set by the total value.

Does a Utah identity fraud conviction require the defendant to pay restitution?

Yes. Utah Code 76-6-1102 provides that if a defendant is convicted, the court shall order the defendant to pay restitution in accordance with Utah's Crime Victims Restitution Act. That restitution can include attorney fees, lost wages, replacement of checks, and the value of the victim's time spent clearing their credit history.

Is there a misdemeanor identity theft charge in Utah?

Identity fraud under Utah Code 76-6-1102 starts at the felony level, but Utah Code 76-6-1105 makes unlawful possession of another person's identification documents a class A misdemeanor where the conduct does not constitute identity fraud or theft. It rises to a third-degree felony for the documents of more than two but fewer than 100 individuals, and a second-degree felony for 100 or more.

Does Utah have a credit freeze law for minors?

Yes, since 2016, under Title 13, Chapter 45, Part 5 of the Utah Code, ahead of the 2018 federal minor-freeze right. The specific age threshold and process details should be confirmed directly with a credit bureau or the Utah Attorney General's office.

What does the Utah State Tax Commission do about tax identity theft?

It runs a Suspicious Filer Group that reviews returns for fraud and flags victim accounts, and Utah participates in a multi-state network sharing identity theft reports across states.

Where should a Utah resident report identity theft?

The Utah Attorney General's office directs victims to IdentityTheft.gov for a personalized federal recovery plan, along with general fraud alert and credit freeze guidance. File a police report with your local Utah law enforcement agency as well.