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7 LONG TITLE
8 General Description:
9 This bill amends the Utah Criminal Code regarding the penalty for theft.
10 Highlighted Provisions:
11 This bill:
12 ▸ removes certain provisions relating to circumstances when theft is classified as a
13 third degree felony; and
14 ▸ makes technical changes.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 76-6-412, as last amended by Laws of Utah 2017, Chapter 347
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23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 76-6-412 is amended to read:
25 76-6-412. Theft -- Classification of offenses -- Action for treble damages.
26 (1) Theft of property and services as provided in this chapter is punishable:
27 (a) as a second degree felony if the:
28 (i) value of the property or services is or exceeds $5,000;
29 (ii) property stolen is a firearm or an operable motor vehicle; or
30 (iii) property is stolen from the person of another;
31 (b) as a third degree felony if:
32 (i) the value of the property or services is or exceeds $1,500 but is less than $5,000;
33 (ii) the value of the property or services is or exceeds $500 and the actor has been twice
34 before convicted of any of the following offenses [
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36 conviction or the date of the offense upon which the current conviction is based and at least
37 one of those convictions is for a class A misdemeanor:
38 (A) any theft, any robbery, or any burglary with intent to commit theft;
39 (B) any offense under Title 76, Chapter 6, Part 5, Fraud; or
40 (C) any attempt to commit any offense under Subsection (1)(b)(ii)(A) or (B);
41 (iii) in a case not amounting to a second degree felony, the property taken is a stallion,
42 mare, colt, gelding, cow, heifer, steer, ox, bull, calf, sheep, goat, mule, jack, jenny, swine,
43 poultry, or a fur-bearing animal raised for commercial purposes; or
44 (iv) (A) the value of property or services is or exceeds $500 but is less than $1,500;
45 (B) the theft occurs on a property where the offender has committed any theft within
46 the past five years; and
47 (C) the offender has received written notice from the merchant prohibiting the offender
48 from entering the property pursuant to [
49 [
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55 offenses listed in Subsections (1)(b)(ii)(A) through (1)(b)(ii)(C);
56 (c) as a class A misdemeanor if:
57 (i) the value of the property stolen is or exceeds $500 but is less than $1,500;
58 (ii) (A) the value of property or services is less than $500;
59 (B) the theft occurs on a property where the offender has committed any theft within
60 the past five years; and
61 (C) the offender has received written notice from the merchant prohibiting the offender
62 from entering the property pursuant to [
63 (iii) the actor has been twice before convicted of any of the offenses listed in
64 Subsections (1)(b)(ii)(A) through (1)(b)(ii)(C), if each prior offense was committed within 10
65 years of the date of the current conviction or the date of the offense upon which the current
66 conviction is based; or
67 (d) as a class B misdemeanor if the value of the property stolen is less than $500 and
68 the theft is not an offense under Subsection (1)(c).
69 (2) Any individual who violates Subsection 76-6-408(1) or [
70 76-6-413(1), or commits theft of property described in Subsection 76-6-412(1)(b)(iii), is civilly
71 liable for three times the amount of actual damages, if any sustained by the plaintiff, and for
72 costs of suit and reasonable attorney fees.
Legislative Review Note
Office of Legislative Research and General Counsel