(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.