76-6-405. Theft by deception.

587 words·~3 min read·/ut/title-76/chapter-6/76-6-405

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

Effective 7/1/2025

(a)As used in this section, "puffing" means an exaggerated commendation of wares or worth in a communication addressed to an individual, group, or the public.

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

(a)An actor commits theft by deception if the actor obtains or exercises control over property of another person:

(i)by deception; and

(ii)with a purpose to deprive the other person of property.

(b)The deception described in Subsection (2)(a)(i) and the deprivation described in Subsection (2)(a)(ii) may occur at separate times.

(3)A violation of Subsection

(2)is:

(a)a second degree felony if the:

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

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

(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) .

(4)Theft by deception does not occur when there is only:

(a)falsity as to matters having no pecuniary significance; or

(b)puffing by statements unlikely to deceive an ordinary person in the group addressed.

Amended by Chapter 434 , 2025 General Session