Third 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 RELEASE AND THEFT OF
8 FUR-BEARING ANIMALS OR LIVESTOCK IN THE UTAH AGRICULTURE CODE AND
9 TRANSFERRING THOSE PROVISIONS TO THE CRIMINAL CODE; PROVIDING FOR
10 TREBLE DAMAGES IN CERTAIN CASES; MAKING A LEGISLATIVE FINDING; AND
11 MAKING TECHNICAL CORRECTIONS.
12 This act affects sections of Utah Code Annotated 1953 as follows:
13 AMENDS:
14 76-6-412, as last amended by Chapter 139, Laws of Utah 1996
15 ENACTS:
16 76-6-413, Utah Code Annotated 1953
17 REPEALS:
18 4-24-27, as last amended by Chapter 79, Laws of Utah 1996
19 4-26-4.1, as last amended by Chapter 4, Laws of Utah 1993
20 Be it enacted by the Legislature of the state of Utah:
21 Section 1. Section 76-6-412 is amended to read:
22 76-6-412. Theft -- Classification of offenses -- Action for treble damages.
23 (1) Theft of property and services as provided in this chapter shall be punishable:
24 (a) as a felony of the second degree if the:
25 (i) value of the property or services is or exceeds $5,000;
26 (ii) property stolen is a firearm or an operable motor vehicle;
27 (iii) actor is armed with a deadly weapon at the time of the theft; or

1 (iv) property is stolen from the person of another;
2 (b) as a felony of the third degree if [the]:
3 (i) the value of the property or services is or exceeds $1,000 but is less than $5,000;
4 (ii) the actor has been twice before convicted of theft, any robbery, or any burglary with
5 intent to commit theft; or
6 (iii) in a case not amounting to a second-degree felony, the property taken is a stallion,
7 mare, colt, gelding, cow, heifer, steer, ox, bull, calf, sheep, goat, mule, jack, jenny, swine, [or]
8 poultry, or a fur-bearing animal raised for commercial purposes;
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) Any person who [has been injured by a violation of] violates Subsection 76-6-408(1)
13 [may bring an action against any person mentioned in Subsection 76-6-408(2)(d)] or Section
14 76-6-413, or commits theft of property described in Subsection 76-6-412(1)(b)(iii), is civilly liable
15 for three times the amount of actual damages, if any sustained by the plaintiff, and for costs of suit
16 and reasonable attorneys' fees.
17 Section 2. Section 76-6-413 is enacted to read:
18 76-6-413. Release of fur-bearing animals -- Penalty -- Finding.
19 (1) In any case not amounting to a felony of the second degree, any person who
20 intentionally and without permission of the owner releases any fur-bearing animal raised for
21 commercial purposes is guilty of a felony of the third degree.
22 (2) The Legislature finds that the release of fur-bearing animals raised for commercial
23 purposes subjects the animals to unnecessary suffering through deprivation of food and shelter and
24 compromises their genetic integrity, thereby permanently depriving the owner of substantial value.
25 Section 3. Repealer.
26 This act repeals:
27 Section 4-24-27, Theft of livestock -- Treble damages may be awarded in civil action.
28 Section 4-26-4.1, Release of fur-bearing animals -- Penalty -- Treble damages.

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