1     
CLASSIFICATION OF THEFT AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Brian S. King

5     
Senate Sponsor: Todd Weiler

6     

7     LONG TITLE
8     General Description:
9          This bill modifies the theft statute.
10     Highlighted Provisions:
11          This bill:
12          ▸     removes the element of "armed with a dangerous weapon" from the second degree
13     felony classification; and
14          ▸     requires that the value of property taken in a third offense be valued at $500 or
15     more.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          76-6-412, as last amended by Laws of Utah 2014, Chapter 255
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 76-6-412 is amended to read:
26          76-6-412. Theft -- Classification of offenses -- Action for treble damages.
27          (1) Theft of property and services as provided in this chapter is punishable:

28          (a) as a second degree felony if the:
29          (i) value of the property or services is or exceeds $5,000;
30          (ii) property stolen is a firearm or an operable motor vehicle; or
31          [(iii) actor is armed with a dangerous weapon, as defined in Section 76-1-601, at the
32     time of the theft; or]
33          [(iv)] (iii) property is stolen from the person of another;
34          (b) as a third degree felony if:
35          (i) the value of the property or services is or exceeds $1,500 but is less than $5,000;
36          (ii) the value of the property or services is or exceeds $500 and the actor has been twice
37     before convicted of any of the offenses listed in Subsections (1)(b)(ii)(A) through (1)(b)(ii)(C),
38     if each prior offense was committed within 10 years of the date of the current conviction or the
39     date of the offense upon which the current conviction is based and at least one of those
40     convictions is for a class A misdemeanor:
41          (A) any theft, any robbery, or any burglary with intent to commit theft;
42          (B) any offense under Title 76, Chapter 6, Part 5, Fraud; or
43          (C) any attempt to commit any offense under Subsection (1)(b)(ii)(A) or (B);
44          (iii) in a case not amounting to a second degree felony, the property taken is a stallion,
45     mare, colt, gelding, cow, heifer, steer, ox, bull, calf, sheep, goat, mule, jack, jenny, swine,
46     poultry, or a fur-bearing animal raised for commercial purposes; or
47          (iv) (A) the value of property or services is or exceeds $500 but is less than $1,500;
48          (B) the theft occurs on a property where the offender has committed any theft within
49     the past five years; and
50          (C) the offender has received written notice from the merchant prohibiting the offender
51     from entering the property pursuant to Section 78B-3-108;
52          (v) the actor has been twice before convicted of any of the offenses listed in
53     Subsections (1)(b)(ii)(A) through (1)(b)(ii)(C), if each prior offense was committed within 10
54     years of the date of the current conviction or the date of the offense upon which the current
55     conviction is based and the value of the property stolen is or exceeds $500 but is less than
56     $1,500; or
57          (vi) the actor has been previously convicted of a felony violation of any of the offenses
58     listed in Subsections (1)(b)(ii)(A) through (1)(b)(ii)(C);

59          (c) as a class A misdemeanor if:
60          (i) the value of the property stolen is or exceeds $500 but is less than $1,500;
61          (ii) (A) the value of property or services is less than $500;
62          (B) the theft occurs on a property where the offender has committed any theft within
63     the past five years; and
64          (C) the offender has received written notice from the merchant prohibiting the offender
65     from entering the property pursuant to Section 78B-3-108; or
66          (iii) the actor has been twice before convicted of any of the offenses listed in
67     Subsections (1)(b)(ii)(A) through (1)(b)(ii)(C), if each prior offense was committed within 10
68     years of the date of the current conviction or the date of the offense upon which the current
69     conviction is based; or
70          (d) as a class B misdemeanor if the value of the property stolen is less than $500 and
71     the theft is not an offense under Subsection (1)(c).
72          (2) Any individual who violates Subsection 76-6-408(1) or Section 76-6-413, or
73     commits theft of property described in Subsection 76-6-412(1)(b)(iii), is civilly liable for three
74     times the amount of actual damages, if any sustained by the plaintiff, and for costs of suit and
75     reasonable attorney fees.






Legislative Review Note
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