| (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 76-6-406- 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
- Conduct: means an act or omission. See Utah Code 76-1-101.5
- Conviction: A judgement of guilt against a criminal defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Obtain: means , in relation to property, to bring about a transfer of possession or of some other legally recognized interest in property, whether to the obtainer or another; in relation to labor or services, to secure performance thereof; and in relation to a trade secret, to make any facsimile, replica, photograph, or other reproduction. See Utah Code 76-6-401
- 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- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- 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, extortion occurs when an actor threatens to:
| (i) |
cause physical harm in the future to the person threatened, to any other person, or to property at any time; |
| (ii) |
subject the person threatened or any other person to physical confinement or restraint; |
| (iii) |
engage in other conduct constituting a crime; |
| (iv) |
accuse any person of a crime or expose any person to hatred, contempt, or ridicule; |
| (v) |
reveal any information sought to be concealed by the person threatened; |
| (vi) |
testify, provide information, or withhold testimony or information with respect to a person’s legal claim or defense; |
| (vii) |
take action as an official against anyone or anything, or withhold official action, or cause such action or withholding; |
| (viii) |
bring about or continue a strike, boycott, or other similar collective action to obtain property that is not demanded or received for the benefit of the group that the actor purports to represent; or |
| (ix) |
do any other act which would not in itself substantially benefit the actor but which would harm substantially any other person with respect to that person’s health, safety, business, calling, career, financial condition, reputation, or personal relationships. |
|
| (b) |
Terms defined in Section 76-1-101.5 apply to this section. |
| (2) |
An actor commits theft by extortion if the actor obtains or exercises control over the property of another person by extortion and with a purpose to deprive the person of the person’s property. |
| (3) |
A violation of Subsection (2) is:
| (a) |
a second degree felony if the:
| (i) |
value of the property is or exceeds $5,000; |
| (ii) |
property stolen is a firearm or an operable motor vehicle; or |
| (iii) |
property is stolen from the person of another; |
|
| (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 is:
| (A) |
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) |
| (a) |
A person who is adversely impacted by the conduct prohibited in Subsection (2) may bring a civil action for equitable relief and damages. |
| (b) |
In accordance with Section 78B-2-305, a person who brings an action under Subsection (4)(a) shall commence the action within three years after the day on which the cause of action arises. |
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Amended by Chapter 111, 2023 General Session
Amended by Chapter 407, 2023 General Session, (Coordination Clause)
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