76-6-401. Definitions.

503 words·~2 min read·/ut/title-76/chapter-6/76-6-401

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/5/2021

As used in this part:

(1)"Deception" occurs when a person intentionally:

(a)creates or confirms by words or conduct an impression of law or fact that is false and that the actor does not believe to be true and that is likely to affect the judgment of another in the transaction;

(b)fails to correct a false impression of law or fact that the actor previously created or confirmed by words or conduct that is likely to affect the judgment of another and that the actor does not now believe to be true;

(c)prevents another person from acquiring information likely to affect the person's judgment in the transaction;

(d)sells or otherwise transfers or encumbers property without disclosing a lien, security interest, adverse claim, or other legal impediment to the enjoyment of the property, regardless of whether the lien, security interest, claim, or impediment is valid or is a matter of official record; or

(e)promises performance that is likely to affect the judgment of another in the transaction, which performance the actor does not intend to perform or knows will not be performed, except that failure to perform the promise in issue without other evidence of intent or knowledge is not sufficient proof that the actor did not intend to perform or knew the promise would not be performed.

(2)"Livestock guardian dog" means the same as that term is defined in Section 76-6-111 .

(3)"Obtain" means, in relation to property, to bring about a transfer of possession or of some other legally recognized interest in property, whether to the obtainer or another; in relation to labor or services, to secure performance thereof; and in relation to a trade secret, to make any facsimile, replica, photograph, or other reproduction.

(4)"Obtain or exercise unauthorized control" means conduct originally defined or known as common-law larceny by trespassory taking, larceny by conversion, larceny by bailee, or embezzlement.

(5)"Property" means anything of value, including real estate, tangible and intangible personal property, captured or domestic animals and birds, written instruments or other writings representing or embodying rights concerning real or personal property, labor, services, or otherwise containing anything of value to the owner, commodities of a public utility nature such as telecommunications, gas, electricity, steam, or water, and trade secrets, meaning the whole or any portion of any scientific or technical information, design, process, procedure, formula, or invention which the owner intends to be available only to persons selected by the owner.

(6)"Purpose to deprive" means to have the conscious object:

(a)to withhold property permanently or for so extended a period or to use under such circumstances that a substantial portion of its economic value, or of the use and benefit thereof, would be lost;

(b)to restore the property only upon payment of a reward or other compensation; or

(c)to dispose of the property under circumstances that make it unlikely that the owner will recover it.

Amended by Chapter 57 , 2021 General Session