If you're looking for a Utah online theft or shoplifting class, it's important to know your Utah theft laws. This can help you understand more about your offense.

Please note that the Utah theft and shoplifting laws shown on this page are to aid you in understanding your state Utah theft, shoplifting and stealing laws. While we have made every attempt to show the latest version of Utah theft laws, we do not guarantee its accuracy. This page is not a substitute for legal advice from a lawyer. It is in your best interest that you consult with an appropriate lawyer for more information about Utah theft laws.

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Robbery

Robbery occurs when someone unlawfully and intentionally takes or attempts to take personal property from another person, against their will, using force or fear. The intent must be to deprive the person of their property permanently or temporarily.

Additionally, robbery also includes cases where someone knowingly or intentionally uses force or threatens immediate harm while committing theft or wrongfully taking something.

If the act happens during an attempt to steal, during the theft itself, or while escaping afterward, it is considered part of the robbery. Robbery is classified as a second-degree felony, which carries serious legal consequences.

Presumptions and Defenses

Certain legal rules apply when it comes to theft cases:

  1. If someone is found in possession of recently stolen property and cannot provide a reasonable explanation, it is presumed they stole it.
  2. A person cannot claim they did not commit theft just because they have some kind of interest in the property—if someone else also has a right to it, and they take it without proper authority, it is still theft. However, security interests, such as a bank’s right to repossess a car for unpaid loans, do not count.
  3. A person may defend themselves against a theft charge if they:
    • Genuinely believed they had a right to the property.
    • Thought they had permission to take or use it.
    • Believed the rightful owner would have allowed them to take it if they had been present.

Aggravated Robbery

Aggravated robbery is a more serious crime than regular robbery. A person commits aggravated robbery if, while committing a robbery, they:

  1. Use or threaten to use a dangerous weapon.
  2. Cause serious bodily injury to another person.
  3. Steal or attempt to steal a working motor vehicle.

Since aggravated robbery involves greater harm or danger, it is classified as a first-degree felony, which carries harsher penalties.

Definitions Related to Theft

To clarify legal terms used in theft laws:

  • Property includes anything of value, such as land, personal belongings, pets, documents, services, and utilities like water or electricity.
  • Obtain means taking ownership or control over something, whether it’s property, labor, or services.
  • Purpose to deprive means having the intention to:
    • Keep property permanently or for so long that its value significantly decreases.
    • Return property only after receiving a reward or payment.
    • Dispose of property in a way that makes it unlikely the owner will recover it.
  • Unauthorized control includes common forms of theft, such as taking something unlawfully, keeping property that was meant to be returned, or misusing property someone entrusted to them.
  • Deception occurs when someone misleads or lies to gain control over property, such as by making false claims, withholding important information, or making promises they never intend to keep.

Metal Dealers Defense

A metal dealer following all legal regulations is not guilty of theft or conversion (wrongfully taking property) if they act according to Texas laws governing metal sales.

Theft: General Definition

A person commits theft when they take someone else’s property without permission and with the intent to deprive the owner of it.

Wrongful Appropriation and Penalties

Wrongful appropriation happens when someone takes or controls another person’s property without permission, but only intends to use it temporarily rather than permanently.

Even though wrongful appropriation is not as serious as theft, it is still a crime and is punished at one level lower than theft would be in the same situation. For example:
- If the theft would be a second-degree felony, wrongful appropriation is a third-degree felony.
- If the theft would be a third-degree felony, wrongful appropriation is a Class A misdemeanor.
- If the theft would be a Class A misdemeanor, wrongful appropriation is a Class B misdemeanor.
- If the theft would be a Class B misdemeanor, wrongful appropriation is a Class C misdemeanor.

Wrongful appropriation is considered a lesser form of theft under Texas law.

Theft of Motor Vehicle Fuel

Theft of motor fuel occurs when someone fills their vehicle’s gas tank (or any other container) at a gas station and then drives away without paying.

This crime carries the same penalties as other types of theft. Additionally, a judge may suspend the person’s driver’s license for up to 90 days.

Theft by Deception

Theft by deception happens when someone tricks another person into giving them property.

This does not apply to minor exaggerations (often called "puffing"), such as a salesperson making grand claims about a product that wouldn’t fool a reasonable person.

Theft by Extortion

Extortion is a form of theft where a person forces someone to give up property through threats. These threats may include:

  1. Physical harm to the victim or someone else.
  2. Holding someone captive or physically restraining them.
  3. Committing another crime to force compliance.
  4. Falsely accusing someone of a crime or exposing them to public shame.
  5. Revealing a secret the victim wants to keep private.
  6. Withholding testimony or legal information.
  7. Misusing official power to take unfair action.
  8. Threatening a strike or boycott to force someone to give up property.
  9. Harming someone’s reputation, finances, or personal life for no real benefit to the extorter.

If someone commits any of these threats with the intent to take property, it is considered theft by extortion.

Theft of Lost, Misdelivered, or Mislaid Property

A person commits theft if they find property that is:

  1. Lost, mislaid, or mistakenly delivered and
  2. Fail to return it or take reasonable steps to find the owner.

If the person intends to keep the property permanently instead of returning it, they are guilty of theft.

Theft of Services

Theft of services occurs when someone receives a service but avoids paying for it by:

  • Lying, threatening, or using force to avoid payment.
  • Diverting services (such as electricity, water, or internet) to themselves or another person without permission.

The law covers a wide range of services, including:
- Labor and professional work
- Public utilities (gas, water, electricity)
- Transportation
- Restaurants and hotels
- Rental equipment
- Entertainment and events

In the case of public utilities, only theft involving force, threats, or deception counts under this law. Other types of unauthorized use of utilities are covered under different statutes.

These Texas theft laws are in place to protect individuals and businesses from loss due to robbery, deception, extortion, and other forms of wrongful appropriation. If you are facing charges or need legal advice, it’s always best to consult with a qualified attorney.

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