76-6-404. Theft -- Elements.

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

Effective 7/1/2025

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

(2)An actor commits theft if the actor obtains or exercises unauthorized control over another person's property with a purpose to deprive the person of the person's property.

(3)A violation of Subsection

(2)is:

(a)a second degree felony if the:

(i)value of the property is or exceeds $5,000;

(ii)property stolen is a firearm or an operable motor vehicle; or

(iii)property is stolen from the person of another;

(b)a third degree felony if:

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

(ii)the value of the property 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 Part 5, Fraud ;

(C)any attempt to commit any offense under Subsection (3)(b)(ii)(A) or

(B); or

(D)any offense in another jurisdiction, including a state, federal, or military court, that is substantially equivalent to an offense under Subsection (3)(b)(ii)(A) ,

(B), or

(C);

(A)the value of property 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 merchant prohibiting the offender from entering the property pursuant to Subsection 78B-3-108(4) ; 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)(D) , 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 property stolen is or exceeds $500 but is less than $1,500;

(A)the value of property 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 merchant prohibiting the offender from entering the property pursuant to Subsection 78B-3-108(4) ; 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)(D) , 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 property stolen is less than $500 and the theft is not an offense under Subsection (3)(c) .

(a)A court shall impose the mandatory jail sentence described in Subsection (4)(b) , and may not suspend any portion of the jail sentence or grant early release, if:

(i)the court suspends the imposition of a prison sentence for a felony conviction under this section or sentences an actor for a misdemeanor violation of this section;

(A)the violation is the actor's second or subsequent conviction for any level of offense under this section; or

(B)the actor previously has been convicted of a criminal violation in another jurisdiction, including a state or federal court, that is substantially equivalent to the violation of this section; and

(iii)the actor previously has been convicted of reentry of a removed alien under 8 U.S.C. Sec. 1326.

(b)The mandatory jail sentences referred to in Subsection (4)(a) are:

(i)for a felony or a class A misdemeanor, 360 days in jail;

(ii)for a class B misdemeanor, 180 days in jail; and

(iii)for a class C misdemeanor, 90 days in jail.

(i)Except as provided in Subsection (4)(c)(ii) , an actor who is subject to a mandatory jail sentence under Subsection (4)(a) may not be released to the federal Immigration and Customs Enforcement Agency of the United States Department of Homeland Security for deportation until the actor has served the entire jail sentence described in Subsection (4)(b) .

(ii)An actor may be released to the federal Immigration and Customs Enforcement Agency of the United States Department of Homeland Security for deportation at any time during the 14-day period before the final day of the actor's jail sentence described in Subsection (4)(b) .

Amended by Chapter 434 , 2025 General Session