76-6-404.7.  Theft of motor vehicle fuel.

(1) 

Attorney's Note

Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class A misdemeanorup to 364 daysup to $2,500
class B misdemeanorup to 6 monthsup to $1,000
For details, see Utah Code § 76-3-204
criminal case

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Terms Used In Utah Code 76-6-404.7

  • Act: means a voluntary bodily movement and includes speech. See Utah Code 76-1-101.5
  • 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
  • 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
(a)  As used in this section, “motor vehicle fuel” means any combustible gas, liquid, matter, or substance that is used in an internal combustion engine for the generation of power.

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

(2)  An actor commits theft of motor vehicle fuel if the actor:

(a)  causes a motor vehicle to leave any premises where motor vehicle fuel is offered for retail sale when motor fuel has been dispensed into:

(i)  the fuel tank of the motor vehicle; or

(ii)  any other container that is then removed from the premises by means of the motor vehicle; and

(b)  commits the act under Subsection (2)(a) with the intent to deprive the owner or operator of the premises of the motor vehicle fuel without making full payment for the fuel.

(3)  A violation of Subsection (2) is:

(a)  a second degree felony if the value of the motor vehicle fuel is or exceeds $5,000;

(b)  a third degree felony if:

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

(ii)  the value of the motor vehicle fuel 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)(ii)(A) or (B);

(iii) 

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

(B)  the theft 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

(iv)  the actor has been previously convicted of a felony violation of any of the offenses listed in Subsections (3)(b)(ii)(A) through (3)(b)(ii)(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 A misdemeanor if:

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

(ii) 

(A)  the value of the motor vehicle fuel is less than $500;

(B)  the theft 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)(ii)(A) through (3)(b)(ii)(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 B misdemeanor if the value of the motor vehicle fuel is less than $500 and the theft is not an offense under Subsection (3)(c).

(4) 

(a)  In addition to the penalties described in Subsection (3), the sentencing court may order the suspension of the driver license of an actor convicted of theft of motor vehicle fuel.

(b)  The suspension described in Subsection (4)(a) may not be for more than 90 days as provided in Section 53-3-220.

Amended by Chapter 111, 2023 General Session

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