76-6-410. Theft by custodian of property pursuant to repair or rental agreement.
| (1) |
Terms defined in Section 76-1-101.5 apply to this section. |
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
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Terms Used In Utah Code 76-6-410
- 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.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- 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
| (2) |
An actor commits theft by custodian of property pursuant to repair or rental agreement if:
| (a) |
| (i) |
the actor has custody of property pursuant to an agreement between the actor or another person and the property’s owner; |
| (ii) |
the actor or another person is to perform for compensation a specific service for the property’s owner involving the maintenance, repair, or use of the owner’s property; and |
| (iii) |
the actor intentionally uses or operates the owner’s property, without the consent of the owner, for the actor’s own purposes in a manner constituting a gross deviation from the agreed purpose; or |
|
| (b) |
| (i) |
the actor has custody of any property pursuant to a rental or lease agreement in which the property is to be returned in a specified manner or at a specified time; and |
| (ii) |
the actor intentionally fails to comply with the terms of the agreement concerning return so as to render such failure a gross deviation from the agreement. |
|
|
| (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 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); 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 stolen 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 stolen is less than $500 and the theft is not an offense under Subsection (3)(c). |
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Amended by Chapter 111, 2023 General Session
Amended by Chapter 407, 2023 General Session, (Coordination Clause)
