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Utah Theft Laws
Utah Theft Laws
76-3-102 . Designation of offenses.
Offenses are designated as felonies, misdemeanors, or infractions.
76-3-103 . Felonies classified.
(1) Felonies are classified into four categories:
(a) Capital felonies;
(b) Felonies of the first degree;
(c) Felonies of the second degree;
(d) Felonies of the third degree.
(2) An offense designated as a felony either in this code or in another law, without specification as to punishment or category, is a felony of the third degree.
76-3-104 . Misdemeanors classified.
(1) Misdemeanors are classified into three categories:
(a) Class A misdemeanors;
(b) Class B misdemeanors;
(c) Class C misdemeanors.
(2) An offense designated a misdemeanor, either in this code or in another law, without specification as to punishment or category, is a class B misdemeanor.
76-3-204 . Misdemeanor conviction -- Term of imprisonment.
A person who has been convicted of a misdemeanor may be sentenced to imprisonment as follows:
(1) In the case of a class A misdemeanor, for a term not exceeding one year;
(2) In the case of a class B misdemeanor, for a term not exceeding six months;
(3) In the case of a class C misdemeanor, for a term not exceeding ninety days.
76-3-206 . Capital felony -- Penalties.
(1) A person who has pled guilty to or been convicted of a capital felony shall be sentenced in accordance with Section 76-3-207 . That sentence shall be death, an indeterminate prison term of not less than 20 years and which may be for life, or, on or after April 27, 1992, life in prison without parole.
(2) (a) The judgment of conviction and sentence of death is subject to automatic review by the Utah State Supreme Court within 60 days after certification by the sentencing court of the entire record unless time is extended an additional period not to exceed 30 days by the Utah State Supreme Court for good cause shown.
(b) The review by the Utah State Supreme Court has priority over all other cases and shall be heard in accordance with rules promulgated by the Utah State Supreme Court.
76-3-301 . Fines of persons.
(1) A person convicted of an offense may be sentenced to pay a fine, not exceeding:
(a) $10,000 for a felony conviction of the first degree or second degree;
(b) $5,000 for a felony conviction of the third degree;
(c) $2,500 for a class A misdemeanor conviction;
(d) $1,000 for a class B misdemeanor conviction;
(e) $750 for a class C misdemeanor conviction or infraction conviction; and
(f) any greater amounts specifically authorized by statute.
(2) This section does not apply to a corporation, association, partnership, government, or governmental instrumentality.
76-6-403 . Theft -- Evidence to support accusation.
Conduct denominated theft in this part constitutes a single offense embracing the separate offenses such as those heretofore known as larceny, larceny by trick, larceny by bailees, embezzlement, false pretense, extortion, blackmail, receiving stolen property. An accusation of theft may be supported by evidence that it was committed in any manner specified in Sections 76-6-404 through 76-6-410 , subject to the power of the court to ensure a fair trial by granting a continuance or other appropriate relief where the conduct of the defense would be prejudiced by lack of fair notice or by surprise.
76-6-404 . Theft -- Elements.
A person commits theft if he obtains or exercises unauthorized control over the property of another with a purpose to deprive him thereof.
76-6-404.5 . Wrongful appropriation -- Penalties.
(1) A person commits wrongful appropriation if he obtains or exercises unauthorized control over the property of another, without the consent of the owner or legal custodian and with intent to temporarily appropriate, possess, or use the property or to temporarily deprive the owner or legal custodian of possession of the property.
(2) The consent of the owner or legal custodian of the property to its control by the actor is not presumed or implied because of the owner's or legal custodian's consent on a previous occasion to the control of the property by any person.
(3) Wrongful appropriation is punishable one degree lower than theft, as provided in Section 76-6-412 , so that a violation which would have been:
(a) a second degree felony under Section 76-6-412 if it had been theft is a third degree felony if it is wrongful appropriation;
(b) a third degree felony under Section 76-6-412 if it had been theft is a class A misdemeanor if it is wrongful appropriation;
(c) a class A misdemeanor under Section 76-6-412 if it had been theft is a class B misdemeanor if it is wrongful appropriation; and
(d) a class B misdemeanor under Section 76-6-412 if it had been theft is a class C misdemeanor if it is wrongful appropriation.
(4) Wrongful appropriation is a lesser included offense of the offense of theft under Section 76-6-404 .
76-6-405 . Theft by deception.
(1) A person commits theft if he obtains or exercises control over property of another by deception and with a purpose to deprive him thereof.
(2) Theft by deception does not occur, however, when there is only falsity as to matters having no pecuniary significance, or puffing by statements unlikely to deceive ordinary persons in the group addressed. "Puffing" means an exaggerated commendation of wares or worth in communications addressed to the public or to a class or group.
76-6-406 . Theft by extortion.
(1) A person is guilty of theft if he obtains or exercises control over the property of another by extortion and with a purpose to deprive him thereof.
(2) As used in this section, extortion occurs when a person threatens to:
(a) Cause physical harm in the future to the person threatened or to any other person or to property at any time; or
(b) Subject the person threatened or any other person to physical confinement or restraint; or
(c) Engage in other conduct constituting a crime; or
(d) Accuse any person of a crime or expose him to hatred, contempt, or ridicule; or
(e) Reveal any information sought to be concealed by the person threatened; or
(f) Testify or provide information or withhold testimony or information with respect to another's legal claim or defense; or
(g) Take action as an official against anyone or anything, or withhold official action, or cause such action or withholding; or
(h) Bring about or continue a strike, boycott, or other similar collective action to obtain property which is not demanded or received for the benefit of the group which the actor purports to represent; or
(i) Do any other act which would not in itself substantially benefit him but which would harm substantially any other person with respect to that person's health, safety, business, calling, career, financial condition, reputation, or personal relationships.
76-6-407 . Theft of lost, mislaid, or mistakenly delivered property.
A person commits theft when:
(1) He obtains property of another which he knows to have been lost or mislaid, or to have been delivered under a mistake as to the identity of the recipient or as to the nature or amount of the property, without taking reasonable measures to return it to the owner; and
(2) He has the purpose to deprive the owner of the property when he obtains the property or at any time prior to taking the measures designated in paragraph (1).
76-6-409 . Theft of services.
(1) A person commits theft if he obtains services which he knows are available only for compensation by deception, threat, force, or any other means designed to avoid the due payment for them.
(2) A person commits theft if, having control over the disposition of services of another, to which he knows he is not entitled, he diverts the services to his own benefit or to the benefit of another who he knows is not entitled to them.
(3) In this section "services" includes, but is not limited to, labor, professional service, public utility and transportation services, restaurant, hotel, motel, tourist cabin, rooming house, and like accommodations, the supplying of equipment, tools, vehicles, or trailers for temporary use, telephone or telegraph service, steam, admission to entertainment, exhibitions, sporting events, or other events for which a charge is made.
(4) Under this section "services" includes gas, electricity, water, sewer, or cable television services, only if the services are obtained by threat, force, or a form of deception not described in Section 76-6-409.3 .
(5) Under this section "services" includes telephone services only if the services are obtained by threat, force, or a form of deception not described in Sections 76-6-409.5 through 76-6-409.9 .
76-6-412 . Theft -- Classification of offenses -- Action for treble damages.
(1) Theft of property and services as provided in this chapter shall be punishable:
(a) as a felony of the second degree if the:
(i) value of the property or services is or exceeds $5,000;
(ii) property stolen is a firearm or an operable motor vehicle;
(iii) actor is armed with a dangerous weapon, as defined in Section 76-1-601 , at the time of the theft; or
(iv) property is stolen from the person of another;
(b) as a felony of the third degree if:
(i) the value of the property or services is or exceeds $1,000 but is less than $5,000;
(ii) the actor has been twice before convicted of theft, any robbery, or any burglary with intent to commit theft; or
(iii) in a case not amounting to a second-degree felony, the property taken is a stallion, mare, colt, gelding, cow, heifer, steer, ox, bull, calf, sheep, goat, mule, jack, jenny, swine, poultry, or a fur-bearing animal raised for commercial purposes;
(c) as a class A misdemeanor if the value of the property stolen is or exceeds $300 but is less than $1,000; or
(d) as a class B misdemeanor if the value of the property stolen is less than $300.
(2) Any person who violates Subsection 76-6-408 (1) or Section 76-6-413 , or commits theft of property described in Subsection 76-6-412 (1)(b)(iii), is civilly liable for three times the amount of actual damages, if any sustained by the plaintiff, and for costs of suit and reasonable attorneys' fees.
76-6-1003 . Mail theft -- Penalties.
(1) A person commits the crime of mail theft if the person:
(a) knowingly, and with the intent to deprive another:
(i) takes, destroys, hides, or embezzles mail; or
(ii) obtains any mail by fraud or deception; or
(b) buys, receives, conceals, or possesses mail and knows or reasonably should have known that the mail was unlawfully taken or obtained.
(2) Mail theft is a:
(a) felony of the second degree if the value of the mail is or exceeds $5,000;
(b) felony of the third degree if the value of the mail is or exceeds $1,000, but is less than $5,000 in value; and
(c) class A misdemeanor if the value of the mail is less than $1,000 in value or the value cannot be ascertained.
76-6-1101 . Identity fraud.
This part is known as the "Identity Fraud Act."
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Please note, the theft law information on this page is provided as a courtesy to help explain theft, shoplifting and stealing laws. There is no guarantee or assurance of reliability or validity. Laws change over time and this page may or may not be current. The code that is provided on this site is an unofficial posting of the State Codes. The files making up this Internet version of the State Codes do not constitute the official text of the State Codes and are intended for informational purposes only. No representation is made as to the accuracy or completeness of these sections. While every effort was made to ensure the accuracy and completeness of the statutes available Offender Solutions™ shall not be liable or held responsible for any errors or omissions which may occur in these files, they are provided on an "As Is" basis. Use of the information and services are at the sole risk of the user. For official versions of any state's current laws, the user is directed to that states Revised Statutes, all amendments and cumulative supplements thereto published by that state. Please notify the Webmaster if you find any irregularities in the statutes on this web site. The Webmaster will relay the information to appropriate staff to investigate the irregularities. The printed version of the State Codes should be consulted for all matters requiring reliance on the statutory text. If you were involved in a theft or shoplifting incident you are encouraged to consider taking a theft cloass, theft course or shoplifting education class such as the one provided by offender solutions. Research shows theft school and/or theft education can be an effective theft prevention. Offender Solutions™ is an online theft education, shoplifting education class about stealing, it can be very effective if you want to stop stealing. Evan it was a small theft, a petty theft class or petty theft school could be right for you!
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SHOPLIFTING THEFT STEALING
Shoplifting is not a crime, it is a euphemism for the word stealing or theft, and theft is a crime. I'm not sure why our culture allowed the word "theft" to be different for someone who steals from a store, but the effect has been to minimize its seriousness in the mind of the shoplifter, our society and, interestingly, the police. It would seem logical for someone who is shoplifting to minimize the seriousness of this crime by calling it "shoplifting", but for the police to be swayed to this way of thinking is no less sacrilegious than for an American citizen to allow the euphemism, "casualty of war" to replace the word "death", minimizing the sacrifices of our Veterans.
The same point can be made of the term "petty theft". Doesn't the word "petty" conjure up notions of insignificance, unimportance and irrelevance? It almost appears the police and our society have fallen victim to a very successful propaganda campaign intending to minimize the seriousness of theft from a store by calling it "shoplifting". Actually, if you take time to think about it, whether the item is stolen from a store, your employer, or, has great or small value, it is still stealing. It is also a statement about the shoplifters character.
I don't work for a store or retailer and I do not spend my time trying to show retailers how to better protect themselves from shoplifting with cameras, mirrors, electronic tags, security personnel, etc. I spend my time helping theft offenders think through their actions, attitudes, values and beliefs. Working with most people who steal is not all that difficult. What I have discovered through theft offender counseling is that most theft offenders have relatively transparent thinking errors. For example, if you believed 2 + 3 equals 6 you would have a thinking error. Your thinking error would not readily be identified, (How often do you do math out loud or in front of someone, and, to take it even further, how many people are willing to confront you with your math error?). However, once this thinking error is identified, you would be quick to self correct.
There is also such a thing as a "cultural thinking error." One common cultural thinking error occurs when we minimize the impact of shoplifting by buying into the notion that if someone is "shoplifting", he must be a victim. Common cultural thinking errors are that theft offenders are victims of poverty, poor parenting, hunger, alcohol and drugs, ADHD, peer pressure, etc. The fact is, most people who steal from stores are none of the above and, all people who choose to steal from stores have options to stealing. Oh, kleptomania you say?
People who are shoplifting are not all that different from you and I. Simply stated, the primary differences include, 1) an overdose of selfishness, 2) a stronger than normal attraction to the forbidden, 3) thinking errors you and I don't have, and, most of all, 4) they don't self punish the thought of stealing.