Utah Code 13-32a-116.5. Contested disposition of property – Procedure
Current as of: 2024 | Check for updates
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(1) If a pawn or secondhand business or catalytic converter purchaser receives notice from a law enforcement agency under Section 13-32a-109 that property that is the subject of a hold or seizure shall be returned to an identified original victim, the pawn or secondhand business or catalytic converter purchaser may contest the determination and seek a specific alternative disposition if within 15 business days after the day on which the pawn or secondhand business or catalytic converter purchaser receives the notice:
For details, see Utah Code § 76-3-204
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class B misdemeanor | up to 6 months | up to $1,000 |
Terms Used In Utah Code 13-32a-116.5
- Catalytic converter: means the same as that term is defined in Section
76-6-1402 . See Utah Code 13-32a-102 - Catalytic converter purchaser: means a person who purchases a used catalytic converter in a catalytic converter purchase. See Utah Code 13-32a-102
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Original victim: means a victim who is not a party to the pawn or sale transaction or catalytic converter purchase and includes:(25)(a) an authorized representative designated in writing by the original victim; and(25)(b) an insurer who has indemnified the original victim for the loss of the described property. See Utah Code 13-32a-102
- Pawn or secondhand business: means a business operated by a pawnbroker or secondhand merchandise dealer, or the owner or operator of the business. See Utah Code 13-32a-102
- Property: means an article of tangible personal property, numismatic item, precious metal, gift card, transaction card, or other physical or digital card or certificate evidencing store credit, and includes a wireless communication device. See Utah Code 13-32a-102
(1)(a) the pawn or secondhand business or catalytic converter purchaser gives notice to the identified original victim, by certified mail, that the pawn or secondhand business or catalytic converter purchaser contests the determination to return the property to the original victim; and(1)(b) the pawn or secondhand business or catalytic converter purchaser files a petition in a court having jurisdiction over the matter to determine rightful ownership of the property as provided in Section 77-11a-305.
(2) A pawn or secondhand business or catalytic converter purchaser is guilty of a class B misdemeanor if the pawn or secondhand business or catalytic converter purchaser:
(2)(a) holds or sells property in violation of a notification from a law enforcement agency that the property is to be returned to an original victim; and
(2)(b) does not comply with the requirements of this section within the time periods specified.