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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
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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 [
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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
Office of Legislative Research and General Counsel