76-6-404.5. Unauthorized possession of property.
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Effective 5/7/2025
76-6-404.5. Unauthorized possession of property.
(1)Terms defined in Section 76-1-101.5 apply to this section.
(2)An actor commits unauthorized possession of property if the actor obtains or exercises unauthorized control over another person's property, without the consent of the property's owner or legal custodian, and with the intent to temporarily appropriate, possess, or use the property or to temporarily deprive the property's owner or legal custodian of possession of the property.
(3)A violation of Subsection
(2)is:
(a)a third degree felony if:
(i)the value of the property is or exceeds $5,000;
(ii)the property is a firearm or an operable motor vehicle; or
(iii)the property is taken from the person of another;
(b)a class A misdemeanor if:
(i)the value of the property is or exceeds $1,500 but is less than $5,000;
(ii)the property is:
(A)a catalytic converter as defined under Section 76-6-1402 ; or
(B)25 pounds or more of a suspect metal item is defined under Section 76-6-1402 if the value is less than $5,000 and the suspect metal is made of or contains aluminum or copper and is not a lead battery;
(iii)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)(iii)(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)(iii)(A), (B), or (C);
(A)the value of property is or exceeds $500 but is less than $1,500;
(B)the unauthorized possession of property 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
(v)the actor has been previously convicted of a felony violation of any of the offenses listed in Subsections (3)(b)(iii)(A) through (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 B misdemeanor if:
(i)the value of the property is or exceeds $500 but is less than $1,500;
(A)the value of property is less than $500;
(B)the unauthorized possession of property 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)(iii)(A) through (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 C misdemeanor if the value of the property is less than $500 and the unauthorized possession of property is not an offense under Subsection
(3)(c).
(4)Unauthorized possession of property is a lesser included offense of the offense of theft under Section 76-6-404 .
(5)The consent of the owner or legal custodian of the property to the property's control by the actor is not presumed or implied because of the owner's or legal custodian's consent on a previous occasion to the control of the property by any person.
Amended by Chapter 178 , 2025 General Session