H.B. 103 Enrolled

1

THEFT BY DECEPTION AMENDMENT
2 2012 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Curtis Oda
5 Senate Sponsor: J. Stuart Adams
6
7 LONG TITLE
8 General Description:
9 This bill modifies Title 76, Chapter 6, Offenses Against Property, by clarifying the
10 definition of theft by deception.
11 Highlighted Provisions:
12 This bill:
13 . defines the term "puffing;"
14 . states that theft by deception requires that an actor deceive a person with the intent
15 to deprive the person of property;
16 . states that the deception and deprivation described above do not need to occur at the
17 same time; and
18 . makes technical changes.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 76-6-405, as enacted by Laws of Utah 1973, Chapter 196
26
27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 76-6-405 is amended to read:
29 76-6-405. Theft by deception.

30 (1) As used in this section, "puffing" means an exaggerated commendation of wares or
31 worth in a communication addressed to an individual, group, or the public.
32 [(1)] (2) (a) A person commits theft if [he] the person obtains or exercises control over
33 property of another person:
34 (i) by deception; and
35 (ii) with a purpose to deprive [him thereof.] the other person of property.
36 (b) The deception described in Subsection (2)(a)(i) and the deprivation described in
37 Subsection (2)(a)(ii) may occur at separate times.
38 [(2)] (3) Theft by deception does not occur[, however,] when there is only:
39 (a) falsity as to matters having no pecuniary significance[,]; or
40 (b) puffing by statements unlikely to deceive an ordinary [persons] person in the group
41 addressed. ["Puffing" means an exaggerated commendation of wares or worth in
42 communications addressed to the public or to a class or group.]