13-32a-109.8.   Pawned or sold property subject to law enforcement investigation.
     (1) If the article pawned or sold under Section 13-32a-109 is subject to an investigation and a criminal prosecution results, the prosecuting agency shall, prior to disposition of the case:
     (a) request restitution to the pawn or secondhand business for the crimes perpetrated against the pawn or secondhand business as a victim of theft by deception; and
     (b) request restitution for the original victim.
     (2) If the original victim of the theft of the property files a police report and the property is subsequently located at a pawn or secondhand business, the victim must fully cooperate with the prosecution of the crimes perpetrated against the pawn or secondhand business as a victim of theft by deception, in order to qualify for restitution regarding the property.
     (3) If the original victim does not pursue criminal charges or does not cooperate in the prosecution of the property theft crimes charged against the defendant and the theft by deception charges committed against the pawn or secondhand business, then the original victim must pay to the pawn or secondhand business the amount of money financed or paid by the pawn or secondhand business to the defendant in order to obtain the property.
     (4) (a) The victim's cooperation in the prosecution of the property crimes and in the prosecution of the theft by deception offense committed against the pawn or secondhand business suspends the requirements of Subsections (2) and (3).
     (b) If the victim cooperates in the prosecution under Subsection (4)(a) and the defendants are convicted, the prosecuting agency shall direct the pawn or secondhand business to turn over the property to the victim.
     (c) Upon receipt of notice from the prosecuting agency that the property must be turned over to the victim, the pawn or secondhand business shall return the property to the victim as soon as reasonably possible.
     (5) A pawn or secondhand business must fully cooperate in the prosecution of the property crimes committed against the original victim and the property crime of theft by deception committed against the pawn or secondhand business in order to participate in any court-ordered restitution.
     (6) At all times during the course of a criminal investigation and subsequent prosecution, the article subject to a law enforcement hold shall be kept secure by the pawn or secondhand business subject to the hold unless a pawned article has been seized by the law enforcement agency pursuant to Section 13-32a-109.5.

Amended by Chapter 352, 2007 General Session
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Last revised: Thursday, May 01, 2008