H.B. 348

1

UNLAWFUL USE OF THEFT DETECTION
2 DEVICES
3 2000 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: John W. Hickman
6 AN ACT RELATING TO THE CRIMINAL CODE; AMENDING RETAIL THEFT
7 PROVISIONS BY PROHIBITING THE USE OF THEFT DETECTION SHIELDING DEVICES.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 76-6-606, as enacted by Chapter 78, Laws of Utah 1979
11 ENACTS:
12 76-6-608, Utah Code Annotated 1953
13 Be it enacted by the Legislature of the state of Utah:
14 Section 1. Section 76-6-606 is amended to read:
15 76-6-606. Penalty.
16 [A] An act of theft committed in violation of this [chapter] part shall be punished in
17 accordance with [Section] Subsection 76-6-412 (1).
18 Section 2. Section 76-6-608 is enacted to read:
19 76-6-608. Theft detection shielding devices prohibited -- Penalty.
20 (1) A person commits a class A misdemeanor who knowingly:
21 (a) makes or possesses any container or device used for, intended for use for, or
22 represented as having the purpose of shielding merchandise from any electronic or magnetic theft
23 alarm sensor, with the intent to commit a theft of merchandise;
24 (b) sells, offers to sell, advertises, gives, transports, or otherwise transfers to another any
25 container or device intended for use for or represented as having the purpose of shielding
26 merchandise from any electronic or magnetic theft alarm sensor;
27 (c) possesses any tool or instrument designed to remove any theft detection device from

28 any merchandise, with the intent to use the tool or instrument to remove any theft detection device
29 from any merchandise without the permission of the merchant or the person owning or in
30 possession of the merchandise; or
31 (d) intentionally removes a theft detection device from merchandise prior to purchase and
32 without the permission of the merchant.
33 (2) Criminal prosecutions under this section do not affect any person's right of civil action
34 for redress for damages suffered as a result of any violation of this section.




Legislative Review Note
as of 2-9-00 10:25 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel