reglab/statecodes huggingface dataset:
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 2 - Burglary and Criminal Trespass › Section 201 - Definitions.

76-6-201.
Definitions.
As used in this part:
(1)
(a) "Building," in addition to its ordinary meaning, means any watercraft, aircraft, trailer, or other structure or vehicle adapted for overnight accommodation of persons or for carrying on business and includes:
(i) each separately secured or occupied portion of the structure or vehicle; and
(ii) each structure appurtenant to or connected with the structure or vehicle.
(b) "Building" does not include a railroad car.
(2) "Dwelling" means a building which is usually occupied by a person lodging in the building at night, whether or not a person is actually present.
(3) "Enter or remain unlawfully" means a person enters or remains in or on any premises when:
(a) at the time of the entry or remaining, the premises or any portion of the premises are not open to the public; and
(b) the actor is not otherwise licensed or privileged to enter or remain on the premises or any portion of the premises.
(4) "Enter" means:
(a) intrusion of any part of the body; or
(b) intrusion of any physical object under control of the actor.
(5) "Railroad car":
(a) in addition to its ordinary meaning, includes a sleeping car or any container or trailer that is on a railroad car; and
(b) includes only a railroad car that is operable and part of an ongoing railroad operation.
Amended by Chapter 366, 2008 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 2 - Burglary and Criminal Trespass › Section 202 - Burglary.

Effective 5/3/2023
76-6-202.
Burglary.
(1) Terms defined in Sections 76-1-101.5 and 76-6-101 apply to this section.
(2) An actor commits burglary if the actor enters or remains unlawfully in a building or any portion of a building with intent to commit:
(a) a felony;
(b) theft;
(c) an assault on any person;
(d) lewdness, in violation of Section 76-9-702;
(e) sexual battery, in violation of Section 76-9-702.1;
(f) lewdness involving a child, in violation of Section 76-9-702.5; or
(g) voyeurism, in violation of Section 76-9-702.7.
(3)
(a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a third degree felony.
(b) A violation of Subsection (2) is a second degree felony if the violation is committed in a dwelling.
(4) A violation of this section is a separate offense from any of the offenses listed in Subsections (2)(a) through (g), and which may be committed by the actor while in the building.
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 2 - Burglary and Criminal Trespass › Section 203 - Aggravated burglary.

Effective 5/3/2023
76-6-203.
Aggravated burglary.
(1) Terms defined in Sections 76-1-101.5 and 76-6-201 apply to this section.
(2) An actor commits aggravated burglary if in attempting, committing, or fleeing from a burglary the actor or another participant in the crime:
(a) causes bodily injury to any person who is not a participant in the crime;
(b) uses or threatens the immediate use of a dangerous weapon against any person who is not a participant in the crime; or
(c) possesses or attempts to use any explosive or dangerous weapon.
(3) A violation of Subsection (2) is a first degree felony.
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 2 - Burglary and Criminal Trespass › Section 204 - Burglary of a vehicle -- Charge of other offense.

Effective 5/3/2023
76-6-204.
Burglary of a vehicle -- Charge of other offense.
(1) Terms defined in Sections 76-1-101.5 and 76-6-201 apply to this section.
(2) An actor commits burglary of a vehicle if the actor unlawfully enters any vehicle with intent to commit a felony or theft.
(3) A violation of Subsection (2) is a class A misdemeanor.
(4) A charge against an actor for a violation of Subsection (2) does not preclude a charge for a commission of any other offense.
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 2 - Burglary and Criminal Trespass › Section 204.5 - Burglary of a railroad car -- Charge of other offenses.

Effective 5/3/2023
76-6-204.5.
Burglary of a railroad car -- Charge of other offenses.
(1) Terms defined in Sections 76-1-101.5 and 76-6-201 apply to this section.
(2) An actor commits burglary of a railroad car if the actor breaks the lock or seal on any railroad car, with the intent to commit a felony or theft.
(3) A violation of Subsection (2) is a third degree felony.
(4) Charging a person for a violation of Subsection (2) does not preclude charging the person for any other offense.
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 2 - Burglary and Criminal Trespass › Section 205 - Manufacture or possession of instrument for burglary or theft.

Effective 5/3/2023
76-6-205.
Manufacture or possession of instrument for burglary or theft.
(1) Terms defined in Sections 76-1-101.5 and 76-6-201 apply to this section.
(2) An actor commits manufacture or possession of an instrument for burglary or theft if the actor manufactures or possesses any instrument, tool, device, article, or other thing adapted, designed, or commonly used in advancing or facilitating the commission of any offense under circumstances manifesting an intent to use or knowledge that another person intends to use the same in the commission of a burglary or theft.
(3) A violation of Subsection (2) is a class B misdemeanor.
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 2 - Burglary and Criminal Trespass › Section 206 - Criminal trespass.

Effective 5/3/2023
76-6-206.
Criminal trespass.
(1)
(a) As used in this section:
(i) "Enter" means intrusion of the entire body or the entire unmanned aircraft.
(ii) "Graffiti" means the same as that term is defined in Section 76-6-101.
(iii) "Remain unlawfully," as that term relates to an unmanned aircraft, means remaining on or over private property when:
(A) the private property or any portion of the private property is not open to the public; and
(B) the person operating the unmanned aircraft is not otherwise authorized to fly the unmanned aircraft over the private property or any portion of the private property.
(b) Terms defined in Sections 76-1-101.5 and 76-6-201 apply to this section.
(2) An actor commits criminal trespass if, under circumstances not amounting to burglary as defined in Section 76-6-202, 76-6-203, or 76-6-204 or a violation of Section 76-10-2402 regarding commercial obstruction:
(a) the actor enters or remains unlawfully on or causes an unmanned aircraft to enter and remain unlawfully over property and:
(i) intends to cause annoyance or injury to any person or damage to any property, including the use of graffiti;
(ii) intends to commit any crime, other than theft or a felony; or
(iii) is reckless as to whether the actor's or unmanned aircraft's presence will cause fear for the safety of another;
(b) knowing the actor's or unmanned aircraft's entry or presence is unlawful, the actor enters or remains on or causes an unmanned aircraft to enter or remain unlawfully over property to which notice against entering is given by:
(i) personal communication to the actor by the owner or someone with apparent authority to act for the owner;
(ii) fencing or other enclosure obviously designed to exclude intruders; or
(iii) posting of signs reasonably likely to come to the attention of intruders; or
(c) the actor enters a condominium unit in violation of Subsection 57-8-7(8).
(3)
(a) Except as provided in Subsection (3)(b), a violation of Subsection (2)(a) or (b) is a class B misdemeanor.
(b) If a violation of Subsection (2)(a) or (b) is committed in a dwelling, the violation is a class A misdemeanor.
(c) A violation of Subsection (2)(c) is an infraction.
(4) It is a defense to prosecution under this section that:
(a) the property was at the time open to the public; and
(b) the defendant complied with all lawful conditions imposed on access to or remaining on the property.
(5) In addition to an order for restitution under Section 77-38b-205, an actor who commits a violation of Subsection (2) may also be liable for:
(a) statutory damages in the amount of three times the value of damages resulting from the violation of Subsection (2) or $500, whichever is greater; and
(b) reasonable attorney fees not to exceed $250, and court costs.
(6) Civil damages under Subsection (5) may be collected in a separate action by the property owner or the owner's assignee.
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 2 - Burglary and Criminal Trespass › Section 206.1 - Criminal trespass of abandoned or inactive mines -- Penalty.

Effective 5/3/2023
76-6-206.1.
Criminal trespass of abandoned or inactive mines.
(1)
(a) For purposes of this section:
(i) "Abandoned or inactive mine" means an underground mine which is no longer open for access or no longer under excavation and has been clearly marked as closed or protected from entry.
(ii) "Burglary" means an offense described in Section 76-6-202, 76-6-203, or 76-6-204.
(iii) "Enter" means intrusion of the entire body.
(b) Terms defined in Sections 76-1-101.5 and 76-6-201 apply to this section.
(2) An actor commits criminal trespass of an abandoned or inactive mine if, under circumstances not amounting to burglary, the actor:
(a) intentionally enters and remains unlawfully in the underground workings of an abandoned or inactive mine; or
(b) intentionally and without authority removes, destroys, or tampers with any warning sign, covering, fencing, or other method of protection from entry placed on, around, or over any mine shaft, mine portal, or other abandoned or inactive mining excavation property.
(3)
(a) A violation of Subsection (2)(a) is a class B misdemeanor.
(b) A violation of Subsection (2)(b) is a class A misdemeanor.
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 2 - Burglary and Criminal Trespass › Section 206.2 - Criminal trespass on state park lands -- Penalties.

Effective 5/3/2023
76-6-206.2.
Criminal trespass on state park lands.
(1)
(a) As used in this section:
(i) "Authorization" means specific written permission by, or contractual agreement with, the Division of State Parks.
(ii) "Criminal trespass" means the elements of the crime of criminal trespass, as set forth in Section 76-6-206.
(iii) "Division" means the Division of State Parks created in Section 79-4-201.
(iv) "State park lands" means all lands administered by the division.
(b) Terms defined in Sections 76-1-101.5 and 76-6-201 apply to this section.
(2) An actor commits criminal trespass on state park lands and is liable for the civil damages prescribed in Subsection (5) if, under circumstances not amounting to a greater offense, and without authorization, the actor:
(a) constructs improvements or structures on state park lands;
(b) uses or occupies state park lands for more than 30 days after the cancellation or expiration of authorization;
(c) knowingly or intentionally uses state park lands for commercial gain;
(d) intentionally or knowingly grazes livestock on state park lands, except as provided in Section 72-3-112; or
(e) remains, after being ordered to leave by a person with actual authority to act for the division, or by a law enforcement officer.
(3) A violation of Subsection (2) is a class B misdemeanor.
(4) A person does not commit criminal trespass if that person enters onto state park lands:
(a) without first paying the required fee; and
(b) for the sole purpose of pursuing recreational activity.
(5)
(a) In addition to an order for restitution under Section 77-38b-205, an actor who commits any act described in Subsection (2) may also be liable for civil damages in the amount of three times the value of:
(i) damages resulting from a violation of Subsection (2);
(ii) the water, mineral, vegetation, improvement, or structure on state park lands that is removed, destroyed, used, or consumed without authorization;
(iii) the historical, prehistorical, archaeological, or paleontological resource on state park lands that is removed, destroyed, used, or consumed without authorization; or
(iv) the consideration which would have been charged by the division for unauthorized use of the land and resources during the period of trespass.
(b) Civil damages awarded under Subsection (5)(a):
(i) may be collected in a separate action by the division; and
(ii) shall be deposited into the State Park Fees Restricted Account as established in Section 79-4-402.
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 2 - Burglary and Criminal Trespass › Section 206.3 - Criminal trespass on agricultural land or range land.

Effective 5/3/2023
76-6-206.3.
Criminal trespass on agricultural land or range land.
(1)
(a) As used in this section:
(i) "Agricultural or range land" and "land" mean land as defined under Subsections (1)(a)(iv) and (v).
(ii) "Authorization" means specific written permission by, or contractual agreement with, the owner or manager of the property.
(iii) "Criminal trespass" means the elements of the crime of criminal trespass under Section 76-6-206.
(iv) "Land in agricultural use" has the same meaning as in Section 59-2-502.
(v)
(A) "Range land" means privately owned land that is not fenced or divided into lots and that is generally unimproved.
(B) "Range land" includes land used for livestock.
(b) Terms defined in Sections 76-1-101.5 and 76-6-201 apply to this section.
(2) An actor commits criminal trespass on agricultural or range land and is liable for the civil damages under Subsection (5) if, under circumstances not amounting to a greater offense, and without authorization or a right under state law, the actor enters or remains on agricultural or range land regarding which notice prohibiting entry is given by:
(a) personal communication to the actor by the owner of the land, an employee of the owner, or a person with apparent authority to act for the owner;
(b) fencing or other form of enclosure a reasonable person would recognize as intended to exclude intruders; or
(c) posted signs or markers that would reasonably be expected to be seen by persons in the area of the borders of the land.
(3) A violation of Subsection (2) is a class B misdemeanor.
(4) In addition to an order for restitution under Section 77-38b-205, an actor who commits any violation of Subsection (2) may also be liable for:
(a) statutory damages in the amount of three times the value of damages resulting from the violation of Subsection (2) or $500, whichever is greater;
(b) reasonable attorney fees not to exceed $250; and
(c) court costs.
(5) Civil damages under Subsection (4) may be collected in a separate action by the owner of the agricultural or range land or the owner's assignee.
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 2 - Burglary and Criminal Trespass › Section 206.4 - Criminal trespass by long-term guest to a residence.

Effective 5/3/2023
76-6-206.4.
Criminal trespass by long-term guest to a residence.
(1)
(a) As used in this section:
(i) "Burglary" means an offense described in Section 76-6-202, 76-6-203, or 76-6-204.
(ii) "Long-term guest" means an individual who is not a tenant but who is given express or implied permission by the person who is the primary occupant of the residence or someone with apparent authority to act for the primary occupant to enter a portion of a residence or temporarily occupy a portion of a residence:
(A) for a period of time longer than 48 hours; and
(B) without providing the owner or primary occupant of the residence compensation or entering into an agreement that the individual provide labor in lieu of providing the owner or primary occupant compensation for occupying the residence.
(iii) "Residence" means an improvement to real property used or occupied as a primary or secondary dwelling.
(iv) "Tenant" means a person who has the right to occupy a residence under a rental agreement or lease, or has a tenancy by operation of law.
(b) Terms defined in Sections 76-1-101.5 and 76-6-201 apply to this section.
(2) An actor commits criminal trespass of a residence if the actor:
(a) is a long-term guest; and
(b) in circumstances not amounting to burglary, remains in a residence after the actor receives notice against remaining in the residence by personal communication to the actor by the person who is the primary occupant of the residence or someone with apparent authority to act for the primary occupant.
(3) A violation of Subsection (2) is a class B misdemeanor.
(4) Before a law enforcement officer escorts an actor from a residence for a violation of Subsection (2), the law enforcement officer shall provide the actor a reasonable time for the actor to collect the actor's personal belongings.
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 2 - Burglary and Criminal Trespass › Section 206.5 - Cutting, destroying, or rendering ineffective fencing of agricultural or range land.

Effective 5/3/2023
76-6-206.5.
Cutting, destroying, or rendering ineffective fencing of agricultural or range land.
(1) Terms defined in Sections 76-1-101.5, 76-6-201, and 76-6-206.3 apply to this section.
(2) An actor commits cutting, destroying, or rendering ineffective the fencing of agricultural or range land if the person willfully cuts, destroys, or renders ineffective any fencing or other form of enclosure a reasonable person would recognize as intended to exclude intruders.
(3) A violation of Subsection (2) is a class B misdemeanor.
(4) In addition to an order for restitution under Section 77-38b-205, an actor who commits a violation of Subsection (2) may also be liable for:
(a) statutory damages in the amount of $500;
(b) reasonable attorney fees not to exceed $250; and
(c) court costs.
(5) Civil damages under Subsection (4) may be collected in a separate action by the owner of the agricultural or range land or the owner's assignee.
Enacted by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 2 - Burglary and Criminal Trespass › Section 206.6 - Criminal trespass on private property for recreational purposes related to use of public waters.

Effective 5/3/2023
76-6-206.6.
Criminal trespass on private property for recreational purposes related to use of public waters.
(1)
(a) As used in this section:
(i) "Bank" means the land within three feet of a public water.
(ii) "Private property" means the bed or bank of a non-navigable freshwater stream or river that flows through privately owned land and is privately owned.
(iii) "Private property to which access is restricted" means the same as that term is defined in Section 73-29-102.
(iv) "Recreational purpose" includes one or more of the following:
(A) hunting;
(B) fishing;
(C) swimming;
(D) skiing;
(E) snowshoeing;
(F) camping;
(G) picnicking;
(H) hiking;
(I) studying nature;
(J) engaging in water sports;
(K) mountain biking; or
(L) viewing or enjoying historical, archaeological, scenic, or scientific sites.
(b) Terms defined in Sections 76-1-101.5 and 76-6-201 apply to this section.
(2) An actor is guilty of criminal trespass if for recreational purposes, under circumstances not amounting to a greater offense, and without authorization or a right under state law:
(a) the actor touches or remains unlawfully on private property to which access is restricted in violation of Section 73-29-201 and:
(i) intends to cause annoyance or injury to a person or damage to property;
(ii) intends to commit a crime, other than theft or a felony; or
(iii) is reckless as to whether the actor's presence will cause fear for the safety of another; or
(b) knowing the actor's touching or presence is unlawful, the actor touches or remains on private property to which notice against entering is given by:
(i) personal communication to the actor by the owner or someone with apparent authority to act for the owner;
(ii) fencing or other enclosure obviously designed to exclude intruders; or
(iii) posting of signs reasonably likely to come to the attention of intruders.
(3) A violation of Subsection (2) is a class B misdemeanor.
(4) It is a defense to prosecution under this section that:
(a)
(i) the private property was at the time open to the public; and
(ii) the actor complied with all lawful conditions imposed on access to or remaining on the private property;
(b) the actor acted in compliance with an express easement; or
(c) the actor touched the private property as allowed by Section 73-29-202.
(5) In addition to an order for restitution under Section 77-38b-205, an actor who violates Subsection (2) is also liable for:
(a) statutory damages in the amount of the greater of:
(i) three times the value of damages resulting from the violation of Subsection (2); or
(ii) $500;
(b) reasonable attorney fees not to exceed $250; and
(c) court costs.
(6) Civil damages under Subsection (5) may be collected in a separate action by the private property owner or the owner's assignee.
Enacted by Chapter 474, 2023 General Session
Technically renumbered to avoid duplication of newly enacted Chapter also in HB 46, Chapter 111.
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 3 - Robbery › Section 301 - Robbery.

Effective 5/3/2023
76-6-301.
Robbery.
(1)
(a) As used in this section, an act is considered to be "in the course of committing a theft or unauthorized possession of property" if the act occurs:
(i) in the course of an attempt to commit theft or unauthorized possession of property;
(ii) in the commission of theft or unauthorized possession of property; or
(iii) in the immediate flight after the attempt or commission.
(b) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits robbery if the actor:
(a) unlawfully and intentionally takes or attempts to take personal property in the possession of an individual from the individual's person, or immediate presence, against the individual's will, by means of force or fear, and with a purpose or intent to deprive the individual permanently or temporarily of the personal property; or
(b) intentionally or knowingly uses force or fear of immediate force against an individual in the course of committing a theft or unauthorized possession of property.
(3) A violation of Subsection (2) is a second degree felony.
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 3 - Robbery › Section 302 - Aggravated robbery.

Effective 5/3/2023
76-6-302.
Aggravated robbery.
(1)
(a) As used in this section, an act is considered to be "in the course of committing a robbery" if the act occurs in an attempt to commit, during the commission of, or in the immediate flight after the attempt or commission of a robbery.
(b) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits aggravated robbery if in the course of committing a robbery, the actor:
(a) uses or threatens to use a dangerous weapon;
(b) causes serious bodily injury to another individual; or
(c) takes or attempts to take an operable motor vehicle.
(3) A violation of Subsection (2) is a first degree felony.
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 4 - Theft › Section 402 - Presumptions and defenses.

Effective 5/3/2023
76-6-402.
Presumptions and defenses.
The following presumption shall be applicable to this part:
(1) Possession of property recently stolen, when no satisfactory explanation of such possession is made, shall be deemed prima facie evidence that the person in possession stole the property.
(2) It is not a defense under this part that the actor:
(a) has an interest in the property or service stolen if another person also has an interest that the actor is not entitled to infringe, unless the interest is a security interest for the repayment of a debt or obligation; or
(b) takes livestock, as defined in Section 76-3-203.16, from the owner because the livestock is sick, injured, or a liability to the owner.
(3) It is a defense under this part that the actor:
(a) acted under an honest claim of right to the property or service involved;
(b) acted in the honest belief that the actor had the right to obtain or exercise control over the property or service in the manner the actor obtained or exercised control; or
(c) obtained or exercised control over the property or service honestly believing that the owner, if present, would have consented.
(4) A livestock guardian dog is presumed to belong to an owner of the livestock with which the livestock guardian dog is living at the time of an alleged violation of this part.
Amended by Chapter 121, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 4 - Theft › Section 402.5 - Defense regarding metal dealers.

76-6-402.5.
Defense regarding metal dealers.
It is a defense against a charge of theft under this part and a defense against a civil claim for conversion if any dealer as defined in Section 76-6-1402 has acted in compliance with Title 76, Chapter 6, Part 14, Regulation of Metal Dealers.
Amended by Chapter 187, 2013 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 4 - Theft › Section 403 - Theft -- Evidence to support accusation.

Effective 5/3/2023
76-6-403.
Theft -- Evidence to support accusation.
Conduct denominated theft in this part constitutes a single offense embracing the separate offenses such as those heretofore known as larceny, larceny by trick, larceny by bailees, embezzlement, false pretense, extortion, blackmail, receiving stolen property. An accusation of theft may be supported by evidence that it was committed in any manner specified in this part, subject to the power of the court to ensure a fair trial by granting a continuance or other appropriate relief where the conduct of the defense would be prejudiced by lack of fair notice or by surprise.
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 4 - Theft › Section 409.1 - Unlawful device for theft of service -- Seizure and destruction -- Civil actions for damages.

Effective 5/3/2023
76-6-409.1.
Unlawful device for theft of service -- Seizure and destruction -- Civil actions for damages.
(1) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits unlawful device for theft of service if the actor:
(a) makes or possesses an instrument, apparatus, equipment, or device for the use of, or for the purpose of, committing or attempting to commit theft under Section 76-6-409 or 76-6-409.3; or
(b) sells, offers to sell, advertises, gives, transports, or otherwise transfers to another person:
(i) an instrument, apparatus, equipment, or device; or
(ii) any information, plan, or instruction for obtaining, making, or assembling an instrument, apparatus, equipment, or device, with intent that the instrument, apparatus, equipment, or device be used, or caused to be used, to commit or attempt to commit theft under Section 76-6-409 or 76-6-409.3.
(3)
(a) A violation of Subsection (2) is a class A misdemeanor.
(b) Any instrument, apparatus, equipment, device, information, plan, or instruction referred to in Subsection (2) may be seized pursuant to a court order, lawful search and seizure, lawful arrest, or other lawful process.
(c) Upon the conviction of an actor for a violation of this section, the sheriff of the county in which the actor was convicted shall destroy as contraband any instrument, apparatus, equipment, device, information, plan, or instruction.
(4) A criminal prosecution under this section does not affect any person's right of civil action for redress for damages suffered as a result of a violation of this section.
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 4 - Theft › Section 409.6 - Use of telecommunication device to avoid lawful charge for service.

Effective 5/3/2023
76-6-409.6.
Use of telecommunication device to avoid lawful charge for service.
(1) Terms defined in Sections 76-1-101.5 and 76-6-409.5 apply to this section.
(2) An actor commits use of a telecommunication device to avoid lawful charge for service if the actor uses a telecommunication device:
(a) with the intent to avoid the payment of a lawful charge for telecommunication service; or
(b) with the knowledge that the use of the telecommunication device was to avoid the payment of a lawful charge for telecommunication service.
(3)
(a) A violation of Subsection (2) is:
(i) a class B misdemeanor, if the value of the telecommunication service is less than $300 or cannot be ascertained;
(ii) a class A misdemeanor, if the value of the telecommunication service charge is or exceeds $300 but is not more than $1,000;
(iii) a third degree felony, if the value of the telecommunication service is or exceeds $1,000 but is not more than $5,000; or
(iv) a second degree felony, if:
(A) the value of the telecommunication service is or exceeds $5,000;
(B) the cloned cellular telephone was used to facilitate the commission of a felony; or
(C) the actor previously has been convicted of a violation of this section.
(b) An actor who violates this section is subject to the restitution and civil action provisions described in Section 76-6-409.10.
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 4 - Theft › Section 409.7 - Possession of unlawful telecommunication device.

Effective 5/3/2023
76-6-409.7.
Possession of unlawful telecommunication device.
(1) Terms defined in Sections 76-1-101.5 and 76-6-409.5 apply to this section.
(2) An actor commits possession of unlawful telecommunication device if the actor knowingly possesses an unlawful telecommunication device.
(3)
(a) Except as provided in Subsection (3)(b) or (3)(c), a violation of Subsection (2) is a class B misdemeanor.
(b) Except as provided in Subsection (3)(c), a violation of Subsection (2) is a third degree felony if the actor knowingly possesses five or more unlawful telecommunication devices in the same criminal episode.
(c) A violation of Subsection (2) is a second degree felony if the actor:
(i) knowingly and unlawfully possesses an instrument capable of intercepting electronic serial number and mobile identification number combinations under circumstances evidencing an intent to clone; or
(ii) knowingly and unlawfully possesses cloning paraphernalia under circumstances evidencing an intent to clone.
(d) An actor who violates this section is subject to the restitution and civil action provisions described in Section 76-6-409.10.
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 4 - Theft › Section 409.8 - Sale of an unlawful telecommunication device.

Effective 5/3/2023
76-6-409.8.
Sale of an unlawful telecommunication device.
(1) Terms defined in Sections 76-1-101.5 and 76-6-409.5 apply to this section.
(2) An actor commits sale of unlawful telecommunication device if the actor intentionally sells an unlawful telecommunication device or material, including hardware, data, computer software, or other information or equipment, knowing that the purchaser or a third person intends to use such material in the manufacture of an unlawful telecommunication device.
(3)
(a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a third degree felony.
(b) A violation of Subsection (2) is a second degree felony if the offense involves the intentional sale of five or more unlawful telecommunication devices within a six-month period.
(c) An actor who violates this section is subject to the restitution and civil action provisions described in Section 76-6-409.10.
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 4 - Theft › Section 409.9 - Manufacture of an unlawful telecommunication device.

Effective 5/3/2023
76-6-409.9.
Manufacture of an unlawful telecommunication device.
(1) Terms defined in Sections 76-1-101.5 and 76-6-409.5 apply to this section.
(2) An actor commits manufacture of unlawful telecommunication device if the actor intentionally manufactures an unlawful telecommunication device.
(3)
(a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is third degree felony.
(b) A violation of Subsection (2) is a second degree felony if the offense involves the intentional manufacture of five or more unlawful telecommunication devices within a six-month period.
(c) An actor who violates this section is subject to the restitution and civil action provisions described in Section 76-6-409.10.
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 4 - Theft › Section 409.10 - Payment of restitution -- Civil action -- Other remedies retained.

Effective 5/3/2023
76-6-409.10.
Payment of restitution -- Civil action -- Other remedies retained.
(1) Terms defined in Sections 76-1-101.5 and 76-6-409.5 apply to this section.
(2)
(a)
(i) An actor who violates Section 76-6-409.6, 76-6-409.7, 76-6-409.8, or 76-6-409.9 shall make restitution to the telecommunication service provider for the value of the telecommunication service consumed in the violation plus all reasonable expenses and costs incurred on account of the violation.
(ii) Reasonable expenses and costs include expenses and costs for investigation, service calls, employee time, and equipment use.
(b) A criminal prosecution under Section 76-6-409.6, 76-6-409.7, 76-6-409.8, or 76-6-409.9 does not affect the right of a telecommunication service provider to bring a civil action for redress for damages suffered as a result of the commission of any of the acts prohibited by Section 76-6-409.6, 76-6-409.7, 76-6-409.8, or 76-6-409.9.
(3) This section does not abridge or alter any other right, action, or remedy otherwise available to a telecommunication service provider.
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 4 - Theft › Section 410.5 - Theft of a rental vehicle.

Effective 5/3/2023
76-6-410.5.
Theft of a rental vehicle.
(1)
(a) As used in this section:
(i) "Motor vehicle" means a self-propelled vehicle that is intended primarily for use and operation on the highways.
(ii) "Rental agreement" means a written agreement stating the terms and conditions governing the use of a motor vehicle provided by a rental company.
(iii) "Rental company" means a person or organization in the business of providing motor vehicles to the public.
(iv) "Renter" means a person or organization obtaining the use of a motor vehicle from a rental company under the terms of a rental agreement.
(b) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits theft of a rental vehicle if the actor:
(a) is a renter; and
(b) without notice to and permission of the rental company, knowingly fails without good cause to return the vehicle within 72 hours after the time established for the return in the rental agreement.
(3) A violation of Subsection (2) is a second degree felony.
(4) If a motor vehicle is not rented on a periodic tenancy basis, the rental company shall include the following information, legibly written, as part of the terms of the rental agreement:
(a) the date and time the motor vehicle is required to be returned; and
(b) the maximum penalties under state law if the motor vehicle is not returned within 72 hours from the date and time stated in compliance with Subsection (4)(a).
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 4 - Theft › Section 412.1 - Civil remedy for animal theft.

Effective 5/3/2023
76-6-412.1.
Civil remedy for animal theft.
In addition to a criminal penalty under this chapter, an actor who commits theft of a stallion, mare, colt, gelding, cow, heifer, steer, ox, bull, calf, sheep, goat, mule, jack, jenny, swine, poultry, a fur-bearing animal raised for commercial purposes, or a livestock guardian dog, is civilly liable for three times the amount of actual damages, if any sustained by the plaintiff, and for costs of suit and reasonable attorney fees.
Enacted by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 4 - Theft › Section 413 - Release of a fur-bearing animal -- Finding.

Effective 5/3/2023
76-6-413.
Release of a fur-bearing animal -- Finding.
(1) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits release of a fur-bearing animal if the actor intentionally and without permission of the owner releases a fur-bearing animal raised for commercial purposes.
(3)
(a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a third degree felony.
(b) A violation of Subsection (2) is a second degree felony if the value of the property is or exceeds $5,000.
(4) The Legislature finds that the release of a fur-bearing animal raised for commercial purposes subjects the animal to unnecessary suffering through deprivation of food and shelter and compromises the animal's genetic integrity, thereby permanently depriving the owner of substantial value.
(5) An actor who violates Subsection (2) is civilly liable for three times the amount of actual damages, if any sustained by the plaintiff, and for costs of suit and reasonable attorney fees.
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 5 - Fraud › Section 501.5 - Producing or transferring false identification.

Effective 5/3/2023
76-6-501.5.
Producing or transferring false identification.
(1) Terms defined in Sections 76-1-101.5 and 76-6-501 apply to this section.
(2) An actor commits producing or transferring a false identification document if the actor:
(a) knowingly and without lawful authority produces, attempts, or conspires to produce an identification document, authentication feature, or a false identification document that is or appears to be issued by or under the authority of an issuing authority;
(b) transfers, or possesses with intent to transfer, an identification document, authentication feature, or a false identification document knowing that the document or feature was stolen or produced without lawful authority;
(c) produces, transfers, or possesses a document-making implement or authentication feature with the intent that the document-making implement or the authentication feature be used in the production of a false identification document or another document-making implement or authentication feature; or
(d) traffics in false or actual authentication features for use in false identification documents, document-making implements, or means of identification.
(3) A violation of Subsection (2) is a second degree felony.
(4) This section may not be construed to impose criminal or civil liability on any law enforcement officer acting within the scope of a criminal investigation.
(5) The forfeiture of property under this section, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be conducted in accordance with Title 77, Chapter 11a, Seizure of Property and Contraband, through Chapter 11c, Retention of Evidence.
(6) The court shall order, in addition to the penalty prescribed for a person convicted of a violation of this section, the forfeiture and destruction or other disposition of all illicit authentication features, identification documents, false transaction cards, document-making implements, or means of identification.
Enacted by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 5 - Fraud › Section 502 - Possession of forged writing or device for a forgery writing.

Effective 5/3/2023
76-6-502.
Possession of forged writing or device for a forgery writing.
(1)
(a) As used in this section:
(i) "Device" means any equipment, mechanism, material, or program.
(ii) "Writing" means the same as that term is defined in Section 76-6-501.
(b) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor who, with intent to defraud, knowingly possesses a writing that is a forgery under Section 76-6-501 or 76-6-501.5, or who with intent to defraud knowingly possesses a device for making a writing that is a forgery under Section 76-6-501 or 76-6-501.5, commits possession of a forged writing or device for making a forgery writing.
(3) A violation of Subsection (2) is a third degree felony.
(4) This section may not be construed to impose criminal or civil liability on any law enforcement officer acting within the scope of a criminal investigation.
(5) The forfeiture of property under this section, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be conducted in accordance with Title 77, Chapter 11a, Seizure of Property and Contraband, through Chapter 11c, Retention of Evidence.
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 5 - Fraud › Section 503.5 - Wrongful liens.

Effective 5/3/2023
76-6-503.5.
Wrongful liens.
(1)
(a) As used in this section, "lien" means:
(i) an instrument or document filed pursuant to Section 70A-9a-516;
(ii) a nonconsensual common law document as defined in Section 38-9-102;
(iii) a wrongful lien as defined in Section 38-9-102; or
(iv) any instrument or document that creates or purports to create a lien or encumbrance on an owner's interest in real or personal property or a claim on another's assets.
(b) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits the crime of wrongful lien if the actor knowingly makes, utters, records, or files a lien:
(a) having no objectively reasonable basis to believe that the actor has a present and lawful property interest in the property or a claim on the assets; or
(b) if the actor files the lien in violation of a civil wrongful lien injunction pursuant to Title 38, Chapter 9a, Wrongful Lien Injunctions.
(3)
(a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a third degree felony.
(b) If an actor has been previously convicted of an offense under this section or Section 76-6-503.6, a violation of Subsection (2) is a second degree felony.
(4) This section does not prohibit prosecution for any act in violation of Section 76-8-414 or for any offense greater than an offense under this section.
(5) This section may not be construed to impose criminal or civil liability on any law enforcement officer acting within the scope of a criminal investigation.
(6) The forfeiture of property under this section, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be conducted in accordance with Title 77, Chapter 11a, Seizure of Property and Contraband, through Chapter 11c, Retention of Evidence.
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 5 - Fraud › Section 503.6 - Fraudulent handling of recordable writings.

Effective 5/3/2023
76-6-503.6.
Fraudulent handling of recordable writings.
(1) Terms defined in Sections 76-1-101.5 and 76-6-503.5 apply to this section.
(2) An actor commits fraudulent handling of recordable writings if the actor:
(a) has intent to deceive or injure; and
(b) falsifies, destroys, removes, records, or conceals any will, deed, mortgage, security instrument, lien, or other writing for which the law provides public recording.
(3)
(a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a third degree felony.
(b) If an actor has been previously convicted of an offense under this section or Section 76-6-503.5, a violation of Subsection (2) is a second degree felony.
(4) This section does not prohibit prosecution for any act in violation of Section 76-8-414 or for any offense greater than an offense under this section.
(5) This section may not be construed to impose criminal or civil liability on any law enforcement officer acting within the scope of a criminal investigation.
(6) The forfeiture of property under this section, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be conducted in accordance with Title 77, Chapter 11a, Seizure of Property and Contraband, through Chapter 11c, Retention of Evidence.
Enacted by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 5 - Fraud › Section 503.7 - Records filed with intent to harass or defraud.

Effective 5/3/2023
76-6-503.7.
Records filed with intent to harass or defraud.
(1)
(a) As used in this section, "filing office" means the same as that term is defined in Section 70A-9a-513.5.
(b) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits filing a record with intent to harass or defraud if:
(a) the actor causes a record to be communicated to the filing office for filing;
(b) the actor is not authorized to file the record under Section 70A-9a-509, 70A-9a-708, or 70A-9a-807;
(c) the record is not related to an existing or anticipated transaction that is or will be governed by Title 70A, Chapter 9a, Uniform Commercial Code - Secured Transactions; and
(d) the record is filed knowingly or intentionally to:
(i) harass the person identified as the debtor in the record; or
(ii) defraud the person identified as the debtor in the record.
(3)
(a) A violation of Subsections (2)(a), (b), (c), and (d)(i) is a class B misdemeanor for a first offense and a class A misdemeanor for a second or subsequent offense.
(b) A violation of Subsections (2)(a), (b), (c), and (d)(ii) is a third degree felony.
(4) This section may not be construed to impose criminal or civil liability on any law enforcement officer acting within the scope of a criminal investigation.
(5) The forfeiture of property under this section, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be conducted in accordance with Title 77, Chapter 11a, Seizure of Property and Contraband, through Chapter 11c, Retention of Evidence.
Amended by Chapter 111, 2023 General Session