First Substitute 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;
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; AND MODIFYING
10 THE PENALTY.
11 This act affects sections of Utah Code Annotated 1953 as follows:
12 AMENDS:
13 76-6-412, as last amended by Chapter 139, Laws of Utah 1996
14 ENACTS:
15 76-6-413, Utah Code Annotated 1953
16 REPEALS:
17 4-24-27, as last amended by Chapter 79, Laws of Utah 1996
18 4-26-4.1, as last amended by Chapter 4, Laws of Utah 1993
19 Be it enacted by the Legislature of the state of Utah:
20 Section 1. Section 76-6-412 is amended to read:
21 76-6-412. Theft -- Classification of offenses -- Action for treble damages against
22 receiver of stolen property and theft of livestock or fur-bearing animals.
23 (1) For purposes of this section, "theft" means the same as defined in Section 76-6-404.
24 [(1)] (2) Theft of property and services as provided in this chapter shall be punishable:
25 (a) as a felony of the second degree if the:
26 (i) value of the property or services is or exceeds $5,000;
27 (ii) property stolen is a firearm or an operable motor vehicle;

1 (iii) actor is armed with a deadly weapon at the time of the theft; or
2 (iv) property is stolen from the person of another;
3 (b) as a felony of the third degree if the:
4 (i) value of the property or services is or exceeds $1,000 but is less than $5,000;
5 (ii) actor has been twice before convicted of theft, any robbery, or any burglary with intent
6 to commit theft; or
7 (iii) property taken is a stallion, mare, colt, gelding, cow, heifer, steer, ox, bull, calf, sheep,
8 goat, mule, jack, jenny, swine, [or] poultry, or commercial fur-bearing animal;
9 (c) as a class A misdemeanor if the value of the property stolen is or exceeds $300 but is
10 less than $1,000; or
11 (d) as a class B misdemeanor if the value of the property stolen is less than $300.
12 [(2)] (3) (a) Any person who has been injured by a violation of Subsection 76-6-408(1)
13 may bring an action against any person mentioned in Subsection 76-6-408(2)(d) for three times
14 the amount of actual damages, if any sustained by the plaintiff, and for costs of suit and reasonable
15 attorneys' fees.
16 (b) Any person who has been injured by a violation of Subsection (1)(b)(iii) may bring a
17 civil action against any violator for treble damages.
18 (4) If the person's conduct does not satisfy the elements of this offense, the person may
19 be prosecuted for the offense of cruelty to animals under Section 76-9-301 or release of fur-bearing
20 animals under Section 76-6-413.
21 Section 2. Section 76-6-413 is enacted to read:
22 76-6-413. Release of fur-bearing animals -- Penalty -- Treble damages.
23 (1) Any person who intentionally and without permission of the owner releases any
24 fur-bearing animal raised for commercial purposes is guilty of a felony of the third degree.
25 (2) Any person convicted of releasing a fur-bearing animal as set forth in Subsection (1)
26 is liable for treble damages in a civil action.
27 Section 3. Repealer.
28 This act repeals:
29 Section 4-24-27, Theft of livestock -- Treble damages may be awarded in civil action.
30 Section 4-26-4.1, Release of fur-bearing animals -- Penalty -- Treble damages.

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