Utah Code 76-6-404. Theft — Elements
Current as of: 2024 | Check for updates
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(1) Terms defined in Section 76-1-101.5 apply to this section.
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class A misdemeanor | up to 364 days | up to $2,500 |
| class B misdemeanor | up to 6 months | up to $1,000 |
Terms Used In Utah Code 76-6-404
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
- Conviction: A judgement of guilt against a criminal defendant.
- Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
- Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
- Property: means anything of value, including real estate, tangible and intangible personal property, captured or domestic animals and birds, written instruments or other writings representing or embodying rights concerning real or personal property, labor, services, or otherwise containing anything of value to the owner, commodities of a public utility nature such as telecommunications, gas, electricity, steam, or water, and trade secrets, meaning the whole or any portion of any scientific or technical information, design, process, procedure, formula, or invention which the owner intends to be available only to persons selected by the owner. See Utah Code 76-6-401
- Purpose to deprive: means to have the conscious object:(6)(a) to withhold property permanently or for so extended a period or to use under such circumstances that a substantial portion of its economic value, or of the use and benefit thereof, would be lost;(6)(b) to restore the property only upon payment of a reward or other compensation; or(6)(c) to dispose of the property under circumstances that make it unlikely that the owner will recover it. See Utah Code 76-6-401(2) An actor commits theft if the actor obtains or exercises unauthorized control over another person‘s property with a purpose to deprive the person of the person’s property.(3) A violation of Subsection (2) is:(3)(a) a second degree felony if the:(3)(a)(i) value of the property is or exceeds $5,000;(3)(a)(ii) property stolen is a firearm or an operable motor vehicle; or(3)(a)(iii) property is stolen from the person of another;(3)(b) a third degree felony if:(3)(b)(i) the value of the property is or exceeds $1,500 but is less than $5,000;(3)(b)(ii) the property is:(3)(b)(ii)(A) a catalytic converter as defined under Section 76-6-1402; or(3)(b)(ii)(B) 25 pounds or more of a suspect metal item as defined under Section 76-6-1402 if the value is less than $5,000 and the suspect metal is made of or contains aluminum or copper and is not a lead battery;(3)(b)(iii) the value of the property is or exceeds $500 and the actor has been twice before convicted of any of the following offenses, if each prior offense was committed within 10 years before the date of the current conviction or the date of the offense upon which the current conviction is based and at least one of those convictions is for a class A misdemeanor:(3)(b)(iii)(A) any theft, any robbery, or any burglary with intent to commit theft;(3)(b)(iii)(B) any offense under Part 5, Fraud; or(3)(b)(iii)(C) any attempt to commit any offense under Subsection (3)(b)(iii)(A) or (B);(3)(b)(iv)(3)(b)(iv)(A) the value of property is or exceeds $500 but is less than $1,500;(3)(b)(iv)(B) the theft occurs on a property where the offender has committed any theft within the past five years; and(3)(b)(iv)(C) the offender has received written notice from the merchant prohibiting the offender from entering the property pursuant to Subsection 78B-3-108(4); or(3)(b)(v) the actor has been previously convicted of a felony violation of any of the offenses listed in Subsections (3)(b)(iii)(A) through (3)(b)(iii)(C), if the prior offense was committed within 10 years before the date of the current conviction or the date of the offense upon which the current conviction is based;(3)(c) a class A misdemeanor if:(3)(c)(i) the value of the property stolen is or exceeds $500 but is less than $1,500;(3)(c)(ii)(3)(c)(ii)(A) the value of property is less than $500;(3)(c)(ii)(B) the theft occurs on a property where the offender has committed any theft within the past five years; and(3)(c)(ii)(C) the offender has received written notice from the merchant prohibiting the offender from entering the property pursuant to Subsection 78B-3-108(4); or(3)(c)(iii) the actor has been twice before convicted of any of the offenses listed in Subsections (3)(b)(iii)(A) through (3)(b)(iii)(C), if each prior offense was committed within 10 years before the date of the current conviction or the date of the offense upon which the current conviction is based; or(3)(d) a class B misdemeanor if the value of the property stolen is less than $500 and the theft is not an offense under Subsection (3)(c).