S.B. 115 Enrolled

THEFT DETECTION SHIELDING DEVICES
AMENDMENTS
2003 GENERAL SESSION
STATE OF UTAH
Sponsor: John W. Hickman
This act modifies the Criminal Code regarding theft detection shielding devices by
providing that when a theft detection device is unlawfully removed from an item of
merchandise, the penalty is based on the value of the merchandise.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
76-6-608, as enacted by Chapter 236, Laws of Utah 2000
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 76-6-608 is amended to read:
76-6-608. Theft detection shielding devices prohibited -- Penalties.
(1) A person [commits a class A misdemeanor who] may not knowingly:
(a) [makes] make or [possesses] possess any container or device used for, intended for
use for, or represented as having the purpose of shielding merchandise from any electronic or
magnetic theft alarm sensor, with the intent to commit a theft of merchandise;
(b) [sells, offers to sell, advertises, gives, transports,] sell, offer to sell, advertise, give,
transport, or otherwise [transfers] transfer to another any container or device intended for use
for or represented as having the purpose of shielding merchandise from any electronic or
magnetic theft alarm sensor;
(c) [possesses] possess any tool or instrument designed to remove any theft detection
device from any merchandise, with the intent to use the tool or instrument to remove any theft
detection device from any merchandise without the permission of the merchant or the person
owning or in possession of the merchandise; or
(d) intentionally [removes] remove a theft detection device from merchandise prior to
purchase and without the permission of the merchant.
(2) (a) A violation of Subsection (1)(a), (b), or (c) is a class A misdemeanor.

(b) A violation of Subsection (1)(d) is a:
(i) class B misdemeanor if the value of the merchandise from which the theft detection
device is removed is less than $300; or
(ii) class A misdemeanor if the value of the merchandise from which the theft detection
device is removed is or exceeds $300.
(3) A violation of Subsection (1) is a separate offense from any offense listed in Title 76,
Chapter 6, Part 4, Theft, or Part 6, Retail Theft.
[(2)] (4) Criminal prosecutions under this section do not affect any person's right of civil
action for redress for damages suffered as a result of any violation of this section.

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