Utah Code 76-6-409. Theft of service

76-6-409. Theft of service.

(1)

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

For details, see Utah Code § 76-3-204

Have a question?
Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In Utah Code 76-6-409

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
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, “service” includes:

(i)

labor, professional service, a public utility or transportation service, restaurant, hotel, motel, tourist cabin, rooming house, and like accommodations, the supplying of equipment, a tool, a vehicle, or a trailer for temporary use, telegraph service, steam, admission to entertainment, an exhibition, a sporting event, or other event for which a charge is made;

(ii)	gas, electricity, water, sewer, or cable television service, only if the service is obtained by threat, force, or a form of deception not described in Section 76-6-409.3; and

(iii)

telephone service, only if the service is obtained by threat, force, or a form of deception not described in Section 76-6-409.6, 76-6-409.7, 76-6-409.8, or 76-6-409.9.

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

(2)

An actor commits theft of service if:

(a)	the actor, by deception, threat, force, or another means designed to avoid due payment, obtains a service that the actor knows is available only for compensation; or

(b)

the actor:

(i)	has control over the disposition of another person‘s service; and

(ii)

(A)	diverts the other person’s service to the benefit of the actor, knowing that the actor is not entitled to the service; or

(B)	diverts the other person’s service to the benefit of a third person, knowing that the third person is not entitled to the service.

(3)

A violation of Subsection (2) is:

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

(b)

a third degree felony if:

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

(ii)

the value of the service 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 service 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 service stolen is or exceeds $500 but is less than $1,500;

(ii)

(A)	the value of the service 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 service is less than $500 and the theft is not an offense under Subsection (3)(c).

Amended by Chapter 111, 2023 General Session

Previous section

Next section

Part 4 Contents