76-6-412. Theft -- Classification of offenses -- Action for treble damages.
(1) Theft of property and services as provided in this chapter shall be punishable:
(a) as a felony of the second degree if the:
(i) value of the property or services is or exceeds $5,000;
(ii) property stolen is a firearm or an operable motor vehicle;
(iii) actor is armed with a dangerous weapon, as defined in Section 76-1-601, at the time
of the theft; or
(iv) property is stolen from the person of another;
(b) as a felony of the third degree if:
(i) the value of the property or services is or exceeds $1,000 but is less than $5,000;
(ii) the actor has been twice before convicted of theft, any robbery, or any burglary with
intent to commit theft; or
(iii) in a case not amounting to a second-degree felony, the property taken is a stallion,
mare, colt, gelding, cow, heifer, steer, ox, bull, calf, sheep, goat, mule, jack, jenny, swine,
poultry, or a fur-bearing animal raised for commercial purposes;
(c) as a class A misdemeanor if the value of the property stolen is or exceeds $300 but is
less than $1,000; or
(d) as a class B misdemeanor if the value of the property stolen is less than $300.
(2) Any person who violates Subsection 76-6-408(1) or Section 76-6-413, or commits
theft of property described in Subsection 76-6-412(1)(b)(iii), is civilly liable for three times the
amount of actual damages, if any sustained by the plaintiff, and for costs of suit and reasonable
attorneys' fees.
Amended by Chapter 119, 1997 General Session
Amended by Chapter 289, 1997 General Session
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Last revised: Wednesday, July 23, 2008