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S.B. 143 Enrolled
AN ACT RELATING TO MOTOR VEHICLES; CHANGING THE PENALTY FOR
UNAUTHORIZED CONTROL OVER A MOTOR VEHICLE THAT IS RETURNED
WITHIN 24 HOURS TO A THIRD DEGREE FELONY IF THE VEHICLE IS
DAMAGED OR USED TO COMMIT A FELONY; AND MAKING TECHNICAL
CORRECTIONS.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
41-1a-1314, as enacted by Chapter 1, Laws of Utah 1992
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 41-1a-1314 is amended to read:
41-1a-1314. Third degree felony to exercise unauthorized control for extended time.
(1) [
misdemeanor for a person to exercise unauthorized control over a motor vehicle, trailer, or
semitrailer [
custodian, and with the intent to temporarily deprive the owner or lawful custodian of possession
of the motor vehicle, trailer, or semitrailer [
(2) The consent of the owner or legal custodian of a motor vehicle, trailer, or semitrailer
to its control by the actor is not in any case presumed or implied because of the owner's or legal
custodian's consent on a previous occasion to the control of the motor vehicle, trailer, or semitrailer
by the same or a different person.
(3) Violation of this section is a third degree felony if:
(a) the person does not return the motor vehicle, trailer, or semitrailer to the owner or
lawful custodian within 24 hours after the exercise of unlawful control; or
(b) regardless of the mental state or conduct of the person committing the offense:
(i) the motor vehicle, trailer, or semitrailer is damaged in an amount of $500 or more;
(ii) the motor vehicle, trailer, or semitrailer is used to commit a felony; or
(iii) the motor vehicle, trailer, or semitrailer is damaged in any amount to facilitate entry into
it or its operation.
(4) It is not a defense to Subsection (3)(a) that someone other than the person, or an agent
of the person, returned the motor vehicle, trailer, or semitrailer within 24 hours.
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