(1) (a) As used in this section: (i) (A) "Identifying document" means: (I) a government issued document commonly used for identification; (II) a vehicle registration certificate; or (III) any other document, image, data file, or medium containing personal identifying information as defined in Subsection 76-6-1101(1)(a) . (B) "Identifying document" includes: (I) a counterfeit identifying document; or (II) a document containing personal identifying information of a deceased individual. (ii) "Possess" means to have physical control or electronic access. (b) Terms defined in Sections 76-1-101.5 and 76-6-1101 apply to this section. (2) (a) Under circumstances that do not constitute a violation of Section 76-6-502 or 76-6-1102 , an actor commits unlawful possession of another's identification documents if the actor: (i) obtains or possesses an identifying document: (A) with knowledge that the actor is not entitled to obtain or possess the identifying document; or (B) with intent to deceive or defraud; or (ii) assists another person in obtaining or possessing an identifying document: (A) with knowledge that the person is not entitled to obtain or possess the identifying document; or (B) with knowledge that the person intends to use the identifying document to deceive or defraud. (b) Under circumstances that do not constitute a violation of Section 76-6-502 or 76-6-1102 , an actor commits unlawful possession of another's identification documents if the actor: (i) obtains or possesses identifying documents of more than two, but fewer than 100, individuals: (A) with knowledge that the individual is not entitled to obtain or possess the identifying documents; or (B) with intent to deceive or defraud; or (ii) assists another person in obtaining or possessing identifying documents of more than two, but fewer than 100, individuals: (A) with knowledge that the person is not entitled to obtain or possess the multiple identifying documents; or (B) with knowledge that the person intends to use the identifying documents to deceive or defraud. (c) Under circumstances that do not constitute a violation of Section 76-6-502 or 76-6-1102 , an actor commits unlawful possession of another's identification documents if the actor: (i) obtains or possesses identifying documents of 100 or more individuals: (A) with knowledge that the individual is not entitled to obtain or possess the identifying documents; or (B) with intent to deceive or defraud; or (ii) assists another person in obtaining or possessing identifying documents of 100 or more individuals: (A) with knowledge that the person is not entitled to obtain or possess the identifying documents; or (B) with knowledge that the person intends to use the identifying documents to deceive or defraud. (3) A violation of: (a) Subsection (2)(a) is a class A misdemeanor; (b) Subsection (2)(b) is a third degree felony; or (c) Subsection (2)(c) is a second degree felony.
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