2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill enhances the penalty for a person convicted of theft more than three times.
10 Highlighted Provisions:
11 This bill:
12 ▸ provides that the fourth conviction for theft is a third degree felony if the value of
13 the property is between $100 and $1,500.
14 Money Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 None
18 Utah Code Sections Affected:
19 AMENDS:
20 76-6-412, as last amended by Laws of Utah 2018, Chapter 265
21
22 Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 76-6-412 is amended to read:
24 76-6-412. Theft -- Classification of offenses -- Action for treble damages.
25 (1) Theft of property and services as provided in this chapter is punishable:
26 (a) as a second degree felony if the:
27 (i) value of the property or services is or exceeds $5,000;
28 (ii) property stolen is a firearm or an operable motor vehicle; or
29 (iii) property is stolen from the person of another;
30 (b) as a third degree felony if:
31 (i) the value of the property or services is or exceeds $1,500 but is less than $5,000;
32 (ii) the value of the property or services is or exceeds $500 and the actor has been twice
33 before convicted of any of the following offenses, if each prior offense was committed within
34 10 years of the date of the current conviction or the date of the offense upon which the current
35 conviction is based and at least one of those convictions is for a class A misdemeanor:
36 (A) any theft, any robbery, or any burglary with intent to commit theft;
37 (B) any offense under Title 76, Chapter 6, Part 5, Fraud; or
38 (C) any attempt to commit any offense under Subsection (1)(b)(ii)(A) or (B);
39 (iii) in a case not amounting to a second degree felony, the property taken is a stallion,
40 mare, colt, gelding, cow, heifer, steer, ox, bull, calf, sheep, goat, mule, jack, jenny, swine,
41 poultry, or a fur-bearing animal raised for commercial purposes; [
42 (iv) (A) the value of property or services is or exceeds $500 but is less than $1,500;
43 (B) the theft occurs on a property where the offender has committed any theft within
44 the past five years; and
45 (C) the offender has received written notice from the merchant prohibiting the offender
46 from entering the property pursuant to [
47 (v) the actor has been convicted three times of any of the offenses listed in Subsections
48 (1)(b)(ii)(A) through (1)(b)(ii)(C), if each prior offense was committed within 10 years of the
49 date of the current conviction or the date of the offense upon which the current conviction is
50 based and the value of the property stolen is or exceeds $100 but is less than $1,500; or
51 [
52 offenses listed in Subsections (1)(b)(ii)(A) through (1)(b)(ii)(C);
53 (c) as a class A misdemeanor if:
54 (i) the value of the property stolen is or exceeds $500 but is less than $1,500;
55 (ii) (A) the value of property or services is less than $500;
56 (B) the theft occurs on a property where the offender has committed any theft within
57 the past five years; and
58 (C) the offender has received written notice from the merchant prohibiting the offender
59 from entering the property pursuant to [
60 (iii) the actor has been twice before convicted of any of the offenses listed in
61 Subsections (1)(b)(ii)(A) through (1)(b)(ii)(C), if each prior offense was committed within 10
62 years of the date of the current conviction or the date of the offense upon which the current
63 conviction is based; or
64 (d) as a class B misdemeanor if the value of the property stolen is less than $500 and
65 the theft is not an offense under Subsection (1)(c).
66 (2) Any individual who violates Subsection 76-6-408(1) or [
67 76-6-413[
68 civilly liable for three times the amount of actual damages, if any, sustained by the plaintiff,
69 and for costs of suit and reasonable attorney fees.