| (1) |
Attorney's NoteUnder 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 |
For details, see Utah Code § 76-3-204
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Terms Used In Utah Code 76-6-405- 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
- 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
- Purpose to deprive: means to have the conscious object:
| (a) | to withhold property permanently or for so extended a period or to use under such circumstances that a substantial portion of its economic value, or of the use and benefit thereof, would be lost; |
| (b) | to restore the property only upon payment of a reward or other compensation; or |
| (c) | to dispose of the property under circumstances that make it unlikely that the owner will recover it. 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, “puffing” means an exaggerated commendation of wares or worth in a communication addressed to an individual, group, or the public. |
| (b) |
Terms defined in Section 76-1-101.5 apply to this section. |
| (2) |
| (a) |
An actor commits theft by deception if the actor obtains or exercises control over property of another person:
| (ii) |
with a purpose to deprive the other person of property. |
|
| (b) |
The deception described in Subsection (2)(a)(i) and the deprivation described in Subsection (2)(a)(ii) may occur at separate times. |
|
| (3) |
A violation of Subsection (2) is:
| (a) |
a second degree felony if the:
| (i) |
value of the property is or exceeds $5,000; or |
| (ii) |
property stolen is a firearm or an operable motor vehicle; |
|
| (b) |
a third degree felony if:
| (i) |
the value of the property is or exceeds $1,500 but is less than $5,000; |
| (ii) |
the property:
| (A) |
is a catalytic converter as defined under Section 76-6-1402; or |
| (B) |
25 pounds or more of a suspect metal item as 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 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 |
|
| (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 A misdemeanor if:
| (i) |
the value of the property stolen is or exceeds $500 but is less than $1,500; |
| (ii) |
| (A) |
the value of property 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)(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 B misdemeanor if the value of the property stolen is less than $500 and the theft is not an offense under Subsection (3)(c). |
|
| (4) |
Theft by deception does not occur when there is only:
| (a) |
falsity as to matters having no pecuniary significance; or |
| (b) |
puffing by statements unlikely to deceive an ordinary person in the group addressed. |
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Amended by Chapter 111, 2023 General Session
Amended by Chapter 407, 2023 General Session, (Coordination Clause)
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