Theft Laws in the State of Utah
In Utah theft is defined as “a person who commits theft when he obtains or exercises unauthorized control over the property of another with a purpose to deprive him thereof.” In short, if you take something that belongs to someone else with no intent to return it this is considered theft.
Utah has a long list of of different types of theft. The list here is just a few of the most common ones to occur.
Robbery: the person unlawfully and intentionally takes or attempts to take personal property in the
possession of another from his person, or immediate presence, against his will, by means of
force or fear, and with a purpose or intent to deprive the person permanently or temporarily of
the personal property. This is typically charged as a 2nd degree felony. (Utah Criminal Code Robbery)
Theft By Deception: It is basically as it sounds- Using deception to take another person’s property. (Utah Code for Theft by Deception)
Receiving Stolen Property: When someone acquires property that they know or believe it to be stolen, but they keep or sale the item anyways. (Utah Code for Receiving Stolen Property)
Retail Theft: Items stolen from a retail store, altering labels, or under rings with intent to distribute are sll considered retail theft. (Utah Code for Retail Theft)
Wrongful Appropriation: This is temporary control of another persons property without the owner’s consent. This is generally charged as a 3rd degree felony. (Utah Code for Wrongful Appropriation)
Theft of Lost or Mistakenly Delivered Property: Even if you find a lost item or a package is accidentally delivered to your house if you keep the item and don’t report or return it this can be charged as a form of theft. (Utah Code for Theft of Lost or Mistakenly Delivered Property)
Theft of Services: A theft of services occurs when hire someone and then intentionally and knowingly refuse to pay for the work they have done. (Utah Code for Theft of Services)
Aggravated Robbery: You will be charged with this when you use or threaten to use a weapon of sorts and/or cause someone serious harm or injury. This is generally charged as a 1st degree felony. (Utah Code for Aggravated Robbery)
Theft by Extortion: When a person threatens to cause violence, imprisonment, involves others in a crime, reveals secrets, or ant other wrongful acts in order to illegally obtain someone else’s property to cause harm. (Utah Code for Theft by Extortion)
Utah decides how severe the theft is based on the value of the property. Although, some thefts are charged based on the type of property stolen regardless of the value. Here is a very basic breakdown of penalties for theft in Utah. Remember, these are not a for sure sentence, each case is unique and will vary depending on the specifics for the individual crime.
- Class B Misdemeanor: Stolen property or services valued at less than $500. The penalty for a Class B misdemeanor is no more than 6 months in jail and no more than $1,000 in fines.
- Class A Misdemeanor: Stolen property or services valued at more than $500 but less than $1,500. The penalty is no more than 1 year in jail and no more than a $2,500 fine.
- 3rd Degree Felony: Stolen property or services valued at more than $1,500 but less than $5,000. The penalty is no more than 5 years in jail and no more than a $5,000 fine.
- 2nd Degree Felony: Stolen property or services valued at more than $5,000. The penalty is no more than 15 years in jail and no more than a $10,000 fine.
If you have been charged with any sort of theft crime in Utah you need a experienced and aggressive attorney to defend you. The partners at Stevens & Gailey PC are beyond knowledgeable in the laws and will work endlessly to ensure that your rights are protected and that you receive the best possible defense plan. Set up your initial consultation immediately so we can start saving your future!