In utah is "theft" a felony or a misdemeanor? what is the law code?

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The charge is "theft" what degree felony or misdemeanor is it? and what is the lawcode (ex: 76-4-406.1)

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Russell Pietryga

Answered 1 year ago

Theft(Utah Code 76-6-404)

Degree- Depending on the facts, theft can be charged as a 2nd degree felony, 3rd degree felony, class A misdemeanor or class B misdemeanor.

Elements-A defendant commits a 2nd degree felony theft when they obtain or exercise unauthorized control over the property of another with the purpose to deprive them thereof and the value of the property or services stolen is or exceeds $5,000; property stolen is a firearm or an operable motor vehicle; the defendant was armed with a dangerous weapon at the time of the theft; or the property is stolen from the person of another.

A defendant commits a 3rd degree felony theft when they obtain or exercise unauthorized control over the property of another with the purpose to deprive them thereof and the value of the property or services stolen exceeds $1,500 but is less than $5,000; the defendant has been twice before convicted of: attempted theft; theft; any robbery; any attempted robbery; any burglary with intent to commit theft; any attempted burglary with intent to commit theft; any offense under Utah Code 76-6 5, Fraud; or any attempt to commit an offense under Utah Code 76-6-5, Fraud.

A defendant commits a 3rd degree felony theft when they obtain or exercise unauthorized control over the property of another with the purpose to deprive them thereof and, in a case not amounting to a 2nd degree felony, the property taken is a stallion, mare, colt, gelding, cow, heifer, steer, ox, bull, calf, sheep, goat, mule, jack, jenny, swine, poultry, or a fur-bearing animal raised for commercial purposes. (Note, any defendant convicted of under this section is civilly liable for 3 times the amount of actual damages, if any sustained by the plaintiff, and for costs of suit and reasonable attorney fees.

A defendant commits a class A misdemeanor theft when they obtain or exercise unauthorized control over the property of another with the purpose to deprive them thereof and the value of the property or services stolen is or exceeds $500 but is less than $1,500.

A defendant commits a class B misdemeanor theft when they obtain or exercise unauthorized control over the property of another with the purpose to deprive them thereof and the value of the property or services stolen is less than $500.

Fine-2nd degree felony: A fine not to exceed $10,000 , plus a 90% surcharge.

3rd degree felony: A fine not to exceed $5,000 , plus a 90% surcharge.

Class A misdemeanor: A fine not to exceed $2,500 , plus a 90% surcharge.

Class B misdemeanor: A fine not to exceed $1,000 , plus a 90% surcharge.

Restitution- The court may order a defendant convicted of this crime to pay restitution.

Imprisonment-2nd degree felony: A term of imprisonment not less than 1 year nor more than 15 years.

3rd degree felony: A term of imprisonment not to exceed 5 years.

Class A misdemeanor: A term in jail not to exceed 1 year.

Class B misdemeanor: A term in jail not to exceed 6 months.

DNA Specimen Analysis-A defendant convicted of a class A misdemeanor, 2nd degree felony or 3rd degree felony theft must provide a DNA specimen.

Hope this helps.