Utah Code 76-6-414. Theft resulting in economic interruption — Enhanced penalties
Current as of: 2024 | Check for updates
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(1)
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 A misdemeanor | up to 364 days | up to $2,500 |
Terms Used In Utah Code 76-6-414
- 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.
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Offense: means a violation of any penal statute of this state. 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
(1)(a) As used in this section:
(1)(a)(i) “Business” means the same as that term is defined in Section 76-6-113 .
(1)(a)(ii) “Governmental entity” means the same as that term is defined in Section 76-6-113 .
(1)(a)(iii) “Economic interruption” means the same as that term is defined in Section 76-6-113 .
(1)(b) Terms defined in Sections 76-1-101.5 and 76-6-401 apply to this section.
(2) An actor commits theft resulting in economic interruption if:
(2)(a) the actor intentionally, knowingly, recklessly, or negligently obtains or exercises unauthorized control over a business’s or governmental entity’s property with the intent to deprive the business or governmental entity of the property; and
(2)(b) the actor’s actions under Subsection (2)(a) cause an economic interruption for the business or governmental entity.
(3) A violation of Subsection (2) is a class A misdemeanor.
(4) It is not a defense under this section that the actor did not know that the victim is a business or governmental entity.
(5) If the trier of facts finds that the actor committed a violation of Subsection (2), the actor is guilty of:
(5)(a) a third degree felony if the actor has two prior convictions for a violation of Subsection (2) within five years before the day on which the actor committed the most recent violation of Subsection (2); and
(5)(b) a second degree felony if the actor has at least three prior convictions for a violation of Subsection (2) within five years before the day on which the actor committed the most recent violation of Subsection (2).
(6) A prior conviction used for a penalty enhancement under Subsection (5) is a conviction that is from a separate criminal episode than:
(6)(a) the most recent violation of Subsection (2); and
(6)(b) any other prior conviction that is used to enhance the penalty for the most recent violation of Subsection (2).
(7) The prosecuting attorney, or the grand jury if an indictment is returned, shall include notice in the information or indictment that the offense is subject to an enhancement under Subsection (5).