H.B. 57

1

PENALTY FOR THEFT OF ANIMAL
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Craig W. Buttars
5 AN ACT RELATING TO THE CRIMINAL CODE; INCREASING THE PENALTY FOR
6 THEFT OF FUR-BEARING ANIMALS RAISED FOR COMMERCIAL PURPOSES; AND
7 REPEALING CERTAIN PROVISIONS RELATING TO DAMAGES FOR THEFT OF
8 FUR-BEARING ANIMALS OR LIVESTOCK IN THE UTAH AGRICULTURE CODE AND
9 TRANSFERRING THOSE PROVISIONS TO THE CRIMINAL CODE.
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 AMENDS:
12 76-6-412, as last amended by Chapter 139, Laws of Utah 1996
13 REPEALS:
14 4-24-27, as last amended by Chapter 79, Laws of Utah 1996
15 4-26-4.1, as last amended by Chapter 4, Laws of Utah 1993
16 Be it enacted by the Legislature of the state of Utah:
17 Section 1. Section 76-6-412 is amended to read:
18 76-6-412. Theft -- Classification of offenses -- Action for treble damages against
19 receiver of stolen property and theft of livestock or fur-bearing animals.
20 (1) Theft of property and services as provided in this chapter shall be punishable:
21 (a) as a felony of the second degree if the:
22 (i) value of the property or services is or exceeds $5,000;
23 (ii) property stolen is a firearm or an operable motor vehicle;
24 (iii) actor is armed with a deadly weapon at the time of the theft; or
25 (iv) property is stolen from the person of another;
26 (b) as a felony of the third degree if the:
27 (i) value of the property or services is or exceeds $1,000 but is less than $5,000;

1 (ii) actor has been twice before convicted of theft, any robbery, or any burglary with intent
2 to commit theft; [or]
3 (iii) property taken is a stallion, mare, colt, gelding, cow, heifer, steer, ox, bull, calf, sheep,
4 goat, mule, jack, jenny, swine, or poultry; or
5 (iv) property taken is any fur-bearing animal raised for commercial purposes;
6 (c) as a class A misdemeanor if the value of the property stolen is or exceeds $300 but is
7 less than $1,000; or
8 (d) as a class B misdemeanor if the value of the property stolen is less than $300.
9 (2) (a) Any person who has been injured by a violation of Subsection 76-6-408(1) may
10 bring an action against any person mentioned in Subsection 76-6-408(2)(d) for three times the
11 amount of actual damages, if any sustained by the plaintiff, and for costs of suit and reasonable
12 attorneys' fees.
13 (b) Any person is liable for treble damages in a civil action who is convicted of the theft
14 of:
15 (i) livestock as provided in Subsection (1)(b)(iii); or
16 (ii) any fur-bearing animal as provided in Subsection (1)(b)(iv).
17 Section 2. Repealer.
18 This act repeals:
19 Section 4-24-27, Theft of livestock -- Treble damages may be awarded in civil action.
20 Section 4-26-4.1, Release of fur-bearing animals -- Penalty -- Treble damages.




Legislative Review Note
as of 12-12-96 3:42 PM

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

Office of Legislative Research and General Counsel

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