Salt Lake City, UT asked in Criminal Law for Utah

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

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

Related Topics:
1 Lawyer Answer
Answered
  • Criminal Law Lawyer
  • Salt Lake City, UT
  • Licensed in Utah

A: 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.

I agree with this answer Report

Justia Legal Answers is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Legal Answers is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Legal Answers without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.