Utah Code 76-6-801. Acts constituting library theft

76-6-801. Library theft.

(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

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Terms Used In Utah Code 76-6-801

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.
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
Property: includes both real and personal property. See Utah Code 68-3-12.5
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:

(i)

“Library” means:

(A)	a public library;

(B)	a library of an educational or historical society;

(C)	a museum; or

(D)	a repository of public records.

(ii)

“Library materials” means a book, plate, picture, photograph, engraving, painting, drawing, map, newspaper, magazine, pamphlet, broadside, manuscript, document, letter, public record, microfilm, sound recording, audiovisual materials in any format, electronic data processing records, artifacts, or other documentary, written or printed materials regardless of physical form or characteristics, belonging to, on loan to, or otherwise in the custody of a library.

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

(2)

An actor commits library theft if the actor:

(a)	willfully, for the purpose of converting to personal use, and depriving the owner, conceals on the actor’s person or among the actor’s belongings library materials while on the premises of the library; or

(b)	willfully and without authority removes library materials from the library building with the intention of converting them to the actor’s own use.

(3)

A violation of Subsection (2) is:

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

(b)

a third degree felony if:

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

(ii)

the value of the library materials 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 library materials 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 library prohibiting the offender from entering the property if the library has complied with the provisions of Subsection 78B-3-108(4) governing notice by a merchant; 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 library materials stolen is or exceeds $500 but is less than $1,500;

(ii)

(A)	the value of the library materials 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 library if the library has complied with the provisions of Subsection 78B-3-108(4) governing notice by a merchant; 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 library materials stolen is less than $500 and the theft is not an offense under Subsection (3)(c).

(4)

(a)

An actor who willfully conceals library materials on the actor’s person or among the actor’s belongings while on the premises of the library or in the library’s immediate vicinity is prima facie presumed to have concealed library materials with the intention of converting the library materials to the actor’s own use.

(b)	If library materials are found concealed upon the actor’s person or among the actor’s belongings, or electronic security devices are activated by the actor’s presence, it is prima facie evidence of willful concealment.

Amended by Chapter 111, 2023 General Session

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