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S.B. 143
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5 AN ACT RELATING TO MOTOR VEHICLES; CHANGING THE PENALTY FOR
6 UNAUTHORIZED CONTROL OVER A MOTOR VEHICLE THAT IS RETURNED
7 WITHIN 24 HOURS TO A THIRD DEGREE FELONY IF THE VEHICLE IS DAMAGED
8 OR USED TO COMMIT A FELONY; AND MAKING TECHNICAL CORRECTIONS.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 41-1a-1314, as enacted by Chapter 1, Laws of Utah 1992
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 41-1a-1314 is amended to read:
14 41-1a-1314. Third degree felony to exercise unauthorized control for extended time.
15 (1) [
16 misdemeanor for a person to exercise unauthorized control over a motor vehicle, trailer, or
17 semitrailer [
18 custodian, and with the intent to temporarily deprive the owner or lawful custodian possession of
19 the motor vehicle, trailer, or semitrailer [
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21 (2) The consent of the owner or legal custodian of a motor vehicle, trailer, or semitrailer
22 to its control by the actor is not in any case presumed or implied because of the owner's or legal
23 custodian's consent on a previous occasion to the control of the motor vehicle, trailer, or semitrailer
24 by the same or a different person.
25 (3) Violation if this section is a third degree felony if:
26 (a) the person does not return the motor vehicle, trailer, or semitrailer to the owner or
27 lawful custodian within 24 hours after the exercise of unlawful control; or
1 (b) regardless of the mental state or conduct of the person committing the offense:
2 (i) the motor vehicle, trailer, or semitrailer is damaged in an amount of $500 or more;
3 (ii) the motor vehicle, trailer, or semitrailer is used to commit a felony; or
4 (iii) the motor vehicle, trailer, or semitrailer is damaged in any amount to facilitate entry
5 into it or its operation.
6 (4) It is not a defense to Subsection (3)(a) that someone other than the person returned the
7 motor vehicle, trailer, or semitrailer within 24 hours.
Legislative Review Note
as of 1-14-97 8:05 AM
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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