1     
THEFT DEFENSE AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Carl R. Albrecht

5     
Senate Sponsor: Evan J. Vickers

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7     LONG TITLE
8     General Description:
9          This bill amends the defenses available to those charged with theft.
10     Highlighted Provisions:
11          This bill:
12          ▸     provides that it is not a defense to theft of livestock that the livestock is sick,
13     injured, or a liability to the owner; 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          76-6-402, as last amended by Laws of Utah 2021, Chapter 57
22     

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 76-6-402 is amended to read:
25          76-6-402. Presumptions and defenses.
26          The following presumption shall be applicable to this part:
27          (1) Possession of property recently stolen, when no satisfactory explanation of such
28     possession is made, shall be deemed prima facie evidence that the person in possession stole
29     the property.
30          (2) It is [no] not a defense under this part that the actor:
31          (a) [that the actor] has an interest in the property or service stolen if another person also
32     has an interest that the actor is not entitled to infringe, [provided an interest in property for
33     purposes of this subsection shall not include] unless the interest is a security interest for the
34     repayment of a debt or obligation[.]; or
35          (b) takes livestock, as defined in Section 76-6-110, from the owner because the
36     livestock is sick, injured, or a liability to the owner.
37          (3) It is a defense under this part that the actor:
38          (a) [Acted] acted under an honest claim of right to the property or service involved;
39     [or]
40          (b) [Acted] acted in the honest belief that [he] the actor had the right to obtain or
41     exercise control over the property or service [as he did] in the manner the actor obtained or
42     exercised control; or
43          (c) [Obtained] obtained or exercised control over the property or service honestly
44     believing that the owner, if present, would have consented.
45          (4) A livestock guardian dog is presumed to belong to an owner of the livestock with
46     which the livestock guardian dog [was] is living at the time of an alleged violation of this part.