76-6-408.  Theft by receiving stolen property — Duties of pawnbrokers, secondhand businesses, coin dealers, and catalytic converter purchasers.

(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 76-6-408

  • 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.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • 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
(a)  As used in this section:

(i)  “Catalytic converter purchaser” means the same as that term is defined in Section 13-32a-102.

(ii)  “Coin dealer” means the same as that term is defined in Section 13-32a-102.

(iii)  “Pawnbroker” means the same as that term is defined in Section 13-32a-102.

(iv)  “Receives” means acquiring possession, control, title, or lending on the security of the property.

(v)  “Scrap metal processor” means the same as that term is defined in Section 76-6-1402.

(vi)  “Secondhand actor” means:

(A)  a pawnbroker;

(B)  a person who has or operates a business dealing in or collecting used or secondhand merchandise or personal property; or

(C)  an agent, employee, or representative of a pawnbroker or person who buys, receives, or obtains property.

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

(2)  An actor commits theft by receiving stolen property if the actor receives, retains, or disposes of the property of another knowing that the property is stolen, or believing that the property is probably stolen, or who conceals, sells, withholds, or aids in concealing, selling, or withholding the property from the owner, knowing or believing the property to be stolen, intending to deprive the owner of the property.

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

(a)  a second degree felony if:

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

(ii)  the property 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 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 the $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); or

(iv)  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 is or exceeds $500 but is less than $1,500; or

(ii)  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 is less than $500 and the theft is not an offense under Subsection (3)(c).

(4)  Except as provided in Subsection (5), the knowledge or belief required under Subsection (2) is presumed in the case of an actor who:

(a)  is found in possession or control of other property stolen on a separate occasion; or

(b)  has received other stolen property within the year preceding the receiving offense charged.

(5) 

(a)  The knowledge or belief required under Subsection (2) may only be presumed of a secondhand actor if the secondhand actor does not substantially comply with the material requirements of Section 13-32a-104.

(b)  The knowledge or belief required under Subsection (2) may only be presumed of a coin dealer or an employee of a coin dealer if the coin dealer or the employee of the coin dealer does not substantially comply with the requirements of Section 13-32a-104.5.

(c)  The knowledge or belief required under Subsection (2) may only be presumed of a catalytic converter purchaser if the catalytic converter purchaser does not substantially comply with the material requirements of Section 13-32a-104.7.

(6)  Unless acting as a catalytic converter purchaser, Subsection (5)(c) does not apply to a scrap metal processor.

(7)  This section does not preclude the admission of evidence in accordance with the Utah Rules of Evidence.

(8)  An actor who violates Subsection (2) is civilly liable for three times the amount of actual damages, if any sustained by the plaintiff, and for costs of suit and reasonable attorney fees.

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

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