76-6-608.  Theft detection shielding devices prohibited.

(1)  Terms defined in Sections 76-1-101.5 and 76-6-601 apply to this section.

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 76-6-608

  • Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Merchandise: means any personal property displayed, held, or offered for sale by a merchant. See Utah Code 76-6-601
  • Merchant: means an owner or operator of any retail mercantile establishment where merchandise is displayed, held, or offered for sale and includes the merchant's employees, servants, or agents. See Utah Code 76-6-601
  • 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
(2)  An actor commits the unlawful shielding of a theft detection device if the actor knowingly:

(a)  makes or possesses any container or device used for, intended for use for, or represented as having the purpose of shielding merchandise from any electronic or magnetic theft alarm sensor, with the intent to commit a theft of merchandise;

(b)  sells, offers to sell, advertises, gives, transports, or otherwise transfers to another any container or device intended for use for or represented as having the purpose of shielding merchandise from any electronic or magnetic theft alarm sensor;

(c)  possesses any tool or instrument designed to remove any theft detection device from any merchandise, with the intent to use the tool or instrument to remove any theft detection device from any merchandise without the permission of the merchant or the person owning or in possession of the merchandise; or

(d)  intentionally removes a theft detection device from merchandise prior to purchase and without the permission of the merchant.

(3) 

(a)  A violation of Subsection (2)(a), (b), or (c) is a class A misdemeanor.

(b)  A violation of Subsection (2)(d) is a:

(i)  class B misdemeanor if the value of the merchandise from which the theft detection device is removed is less than $500; or

(ii)  class A misdemeanor if the value of the merchandise from which the theft detection device is removed is or exceeds $500.

(4)  A violation of Subsection (2) is a separate offense from any offense listed in 4, or 6.

(5)  Criminal prosecutions under this section do not affect any person’s right of civil action for redress for damages suffered as a result of any violation of this section.

Amended by Chapter 111, 2023 General Session