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Senate strengthens penalties for 'phishing' and identity‑fraud schemes

Utah State Senate · February 13, 2006
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Summary

Senate Bill 52, sponsored by Senator Arendt, clarifies communications‑fraud law to cover electronic 'phishing' and some door‑to‑door schemes, raising penalties in defined cases; senators questioned whether a second‑degree felony was too severe, but the bill passed the Senate.

The Utah Senate passed Senate Bill 52, a measure clarifying communications‑fraud provisions to cover phishing over the internet and deceptive door‑to‑door schemes that target sensitive personal identifying information. Sponsor Senator Arendt told the chamber the bill was crafted with the Attorney General’s office and supported by prosecutors’ associations to ensure prosecutors could charge identity‑theft schemes even when there is not an immediate monetary loss.

Sponsor explanation: “We have ID theft from that,” Senator Arendt said, describing both internet phishing and door‑to‑door fraud aimed at seniors. The bill defines sensitive personal identifying information and establishes a higher penalty structure where appropriate.

Debate over penalty level: Several senators applauded stronger tools against identity theft but questioned the proposed penalty tier. Senator Walker asked whether assigning a second‑degree‑felony level was too harsh; under questioning, Senator Arendt said the Attorney General’s office recommended the clarification because many cases do not have an immediately quantifiable monetary value at the time of prosecution.

Passage: After floor debate and summation by the sponsor, the Senate called the question and passed SB52 (recorded vote: 26 yes, 0 nay, 3 absent). The measure was transmitted for further action by the House.