(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.