Utah § 76-6-1303 - Possession, sale, or use of automated sales suppression device unlawful.

Full text of Utah Utah Code § 76-6-1303 — Possession, sale, or use of automated sales suppression device unlawful., with citation guidance and answers to common questions.

§ 76-6-1303. Possession, sale, or use of automated sales suppression device unlawful.

Effective 5/3/2023
76-6-1303.  Possession, sale, or use of automated sales suppression device unlawful.
(1) Terms defined in Sections 76-1-101.5 and 76-6-1302 apply to this section.
(2) An actor commits possession, sale, or use of an automated sales suppression device if the actor willfully or knowingly sells, purchases, installs, transfers, uses, or possesses in this state any automated sales suppression device or phantomware with the intent to defraud.
(3)
(a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a third degree felony.
(b) A second or subsequent violation of Subsection (2) is a second degree felony.
(c) Notwithstanding Section 76-3-301, any person convicted of violating Subsection (2) may be fined not more than twice the amount of the applicable taxes that would otherwise be due, but for the use of the automated sales suppression device or phantomware.
(d) Any person convicted of a violation of Subsection (2):
(i) is liable for all applicable taxes, penalties under Section 59-1-401, and interest under Section 59-1-402 that would otherwise be due, but for the use of the automated sales suppression device or phantomware to evade the payment of taxes; and
(ii) shall disgorge all profits associated with the sale or use of an automated sales suppression device or phantomware.
(4) An automated sales suppression device and any device containing an automated sales suppression device is contraband and subject to forfeiture under Title 77, Chapter 11b, Forfeiture of Seized Property.


Amended by Chapter 111, 2023 General Session
Amended by Chapter 448, 2023 General Session

Source: official Utah text · Last verified 2026-08-27

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Frequently Asked Questions About Utah § 76-6-1303

What does Utah Code § 76-6-1303 cover?

Section 76-6-1303 ("Possession, sale, or use of automated sales suppression device unlawful.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

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