Utah Code 76-6-513 v2. Unlawful dealing of property by a fiduciary
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 |
| class B misdemeanor | up to 6 months | up to $1,000 |
Terms Used In Utah Code 76-6-513 v2
- 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.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fiduciary: A trustee, executor, or administrator.
- Fraud: Intentional deception resulting in injury to another.
- 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: includes both real and personal property. See Utah Code 68-3-12.5
(1)(a) As used in this section:
(1)(a)(i) “Fiduciary” means the same as that term is defined in Section 75A-1-201 .
(1)(a)(ii) “Financial institution” means “depository institution” and “trust company” as defined in Section 7-1-103 .
(1)(a)(iii) “Governmental entity” is as defined in Section 63G-7-102 .
(1)(a)(iv) “Person” does not include a financial institution whose fiduciary functions are supervised by the Department of Financial Institutions or a federal regulatory agency.
(1)(a)(v) “Property” means the same as that term is defined in Section 76-6-401 .
(1)(b) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits unlawfully dealing with property by a fiduciary if the actor:
(2)(a) deals with property:
(2)(a)(i) that has been entrusted to the actor as a fiduciary, or property of a governmental entity, public money, or of a financial institution; and
(2)(a)(ii) in a manner which:
(2)(a)(ii)(A) the actor knows is a violation of the actor’s duty; and
(2)(a)(ii)(B) involves substantial risk of loss or detriment to the property owner or to a person for whose benefit the property was entrusted; or
(2)(b) acting as a fiduciary pledges:
(2)(b)(i) as collateral for a personal loan, or as collateral for the benefit of some party, other than the owner or the person for whose benefit the property was entrusted, the property that has been entrusted to the fiduciary; and
(2)(b)(ii) without permission of the owner of the property or some other authorized person.
(3)
(3)(a) A violation of Subsection (2)(a) is:
(3)(a)(i) a second degree felony if the:
(3)(a)(i)(A) value of the property is or exceeds $5,000; or
(3)(a)(i)(B) property is stolen from the person of another;
(3)(a)(ii) a third degree felony if:
(3)(a)(ii)(A) the value of the property is or exceeds $1,500 but is less than $5,000;
(3)(a)(ii)(B) 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)(a)(ii)(B)(I) any theft, any robbery, or any burglary with intent to commit theft;
(3)(a)(ii)(B)(II) any offense under Part 5, Fraud; or
(3)(a)(ii)(B)(III) any attempt to commit any offense under Subsection (3)(a)(ii)(B)(I) or (II); or
(3)(a)(ii)(C) the actor has been previously convicted of a felony violation of any of the offenses listed in Subsections (3)(a)(ii)(B)(I) through (3)(a)(ii)(B)(III), 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)(a)(iii) a class A misdemeanor if:
(3)(a)(iii)(A) the value of the property stolen is or exceeds $500 but is less than $1,500; or
(3)(a)(iii)(B) the actor has been twice before convicted of any of the offenses listed in Subsections (3)(a)(ii)(B)(I) through (3)(a)(ii)(B)(III), 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)(a)(iv) 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)(a)(iii)(B).
(3)(b) A violation of Subsection (2)(b) is:
(3)(b)(i) a second degree felony if the value of the property wrongfully pledged is or exceeds $5,000;
(3)(b)(ii) a third degree felony if the value of the property wrongfully pledged is or exceeds $1,500 but is less than $5,000;
(3)(b)(iii) a class A misdemeanor if the value of the property is or exceeds $500, but is less than $1,500 or the actor has been twice before convicted of theft, robbery, burglary with intent to commit theft, or unlawful dealing with property by a fiduciary; or
(3)(b)(iv) a class B misdemeanor if the value of the property is less than $500.
(4) This section may not be construed to impose criminal or civil liability on any law enforcement officer acting within the scope of a criminal investigation.
(5) The forfeiture of property under this section, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be conducted in accordance with Title 77, Chapter 11a, Seizure of Property and Contraband, through Chapter 11c, Retention of Evidence.