(1) Terms defined in Sections 76-1-101.5 and 76-9-1401 apply to this section. (2) An actor commits obtaining a benefit from a confidence game if the actor knowingly obtains or attempts to obtain from another individual money or property by any means, instrument, or device commonly referred to as a confidence game. (3) A violation of Subsection (2) is: (a) a second degree felony if the value of what the actor obtains is or exceeds $5,000; (b) a third degree felony if the value of what the actor obtains is or exceeds $1,500 but is less than $5,000; (c) a class A misdemeanor if the value of what the actor obtains is or exceeds $500 but is less than $1,500; or (d) a class B misdemeanor if the value of what the actor obtains is less than $500. (4) An indictment, information, or complaint under this section shall be deemed and held to contain a sufficient description of the offense if the indictment, information, or complaint contains: (a) the date that the actor is accused of unlawfully and knowingly obtaining money or property from another individual; (b) the name of the individual from whom the actor is accused of obtaining money or property; (c) a description of the money or property obtained by the actor from the individual; and (d) a description of the confidence game the actor used to obtain the money or property from the individual. Renumbered and
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