Utah Code 76-6-404.5. Unauthorized possession of property

76-6-404.5. Unauthorized possession of property.

(1)	Terms defined in Section 76-1-101.5 apply to this section.

Attorney's Note

Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:

Class	Prison	Fine
class A misdemeanor	up to 364 days	up to $2,500
class B misdemeanor	up to 6 months	up to $1,000
class C misdemeanor	up to 90 days	up to $750

For details, see Utah Code § 76-3-204

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Terms Used In Utah Code 76-6-404.5

Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
Conviction: A judgement of guilt against a criminal defendant.
Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
Possess: means to have physical possession of or to exercise dominion or control over tangible property. See Utah Code 76-1-101.5
Property: means anything of value, including real estate, tangible and intangible personal property, captured or domestic animals and birds, written instruments or other writings representing or embodying rights concerning real or personal property, labor, services, or otherwise containing anything of value to the owner, commodities of a public utility nature such as telecommunications, gas, electricity, steam, or water, and trade secrets, meaning the whole or any portion of any scientific or technical information, design, process, procedure, formula, or invention which the owner intends to be available only to persons selected by the owner. See Utah Code 76-6-401
written: includes any handwriting, typewriting, printing, electronic storage or transmission, or any other method of recording information or fixing information in a form capable of being preserved. See Utah Code 76-1-101.5

(2) An actor commits unauthorized possession of property if the actor obtains or exercises unauthorized control over another person‘s property, without the consent of the property’s owner or legal custodian, and with the intent to temporarily appropriate, possess, or use the property or to temporarily deprive the property’s owner or legal custodian of possession of the property.

(3)

A violation of Subsection (2) is:

(a)

a third degree felony if:

(i)	the value of the property is or exceeds $5,000;

(ii)	the property is a firearm or an operable motor vehicle; or

(iii)

the property is taken from the person of another;

(b)

a class A misdemeanor if:

(i)	the value of the property is or exceeds $1,500 but is less than $5,000;

(ii)

the property is:

(A)	a catalytic converter as defined under Section 76-6-1402; or

(B)	25 pounds or more of a suspect metal item is defined under Section 76-6-1402 if the value is less than $5,000 and the suspect metal is made of or contains aluminum or copper and is not a lead battery;

(iii)

the value of the property is or exceeds $500 and the actor has been twice before convicted of any of the following offenses, if each prior offense was committed within 10 years before the date of the current conviction or the date of the offense upon which the current conviction is based and at least one of those convictions is for a class A misdemeanor:

(A)	any theft, any robbery, or any burglary with intent to commit theft;

(B)	any offense under 5; or

(C)	any attempt to commit any offense under Subsection (3)(b)(iii)(A) or (B);

(iv)

(A)	the value of property is or exceeds $500 but is less than $1,500;

(B)	the unauthorized possession of property occurs on a property where the offender has committed any theft within the past five years; and

(C)	the offender has received written notice from the merchant prohibiting the offender from entering the property pursuant to Subsection 78B-3-108(4); or

(v)

the actor has been previously convicted of a felony violation of any of the offenses listed in Subsections (3)(b)(iii)(A) through (3)(b)(iii)(C), if the prior offense was committed within 10 years before the date of the current conviction or the date of the offense upon which the current conviction is based;

(c)

a class B misdemeanor if:

(i)	the value of the property is or exceeds $500 but is less than $1,500;

(ii)

(A)	the value of property is less than $500;

(B)	the unauthorized possession of property occurs on a property where the offender has committed any theft within the past five years; and

(C)	the offender has received written notice from the merchant prohibiting the offender from entering the property pursuant to Subsection 78B-3-108(4); or

(iii)

the actor has been twice before convicted of any of the offenses listed in Subsections (3)(b)(iii)(A) through (3)(b)(iii)(C), if each prior offense was committed within 10 years before the date of the current conviction or the date of the offense upon which the current conviction is based; or

(d)	a class C misdemeanor if the value of the property is less than $500 and the unauthorized possession of property is not an offense under Subsection (3)(c).

(4)	Unauthorized possession of property is a lesser included offense of the offense of theft under Section 76-6-404.

(5)	The consent of the owner or legal custodian of the property to the property’s control by the actor is not presumed or implied because of the owner’s or legal custodian’s consent on a previous occasion to the control of the property by any person.

Amended by Chapter 111, 2023 General Session
Amended by Chapter 407, 2023 General Session, (Coordination Clause)