ARTICLE XIII. - OFFENSES REGARDING THEFT
Part of the Code of Ordinances of Minersville, UT.
The text
Sec. 14-334. - Definitions.#
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Deception occurs when a person intentionally: (1)
Creates or confirms by words or conduct an impression of law or fact that is false and that the actor does not believe to be true and that it is likely to affect the judgment of another in the transaction;
(2)
Fails to correct a false impression of law or fact that the actor previously created or confirmed by words or conduct that is likely to affect the judgment of another and that the actor does not now believe to be true;
(3)
Prevents another from acquiring information likely to affect his judgment in the transaction;
(4)
Sells or otherwise transfers or encumbers property without disclosing a lien, security interest, adverse claim, or other legal impediment to the enjoyment of the property, whether the lien, security interest, claim, or impediment is or is not valid or is or is not a matter of official record; or
(5)
Promises performance that is likely to affect the judgment of another in the transaction, which performance the actor does not intend to perform or knows will not be provided. However, that failure to perform the promise in issue without other evidence of intent or knowledge is not sufficient proof that the actor did not intend to perform or knew the promise would not be performed.
Livestock guardian dog means the same as that term is defined in U.C.A. 1953, § 76-6-111.
Obtain means, in relation to property, to bring about a transfer of possession or of some other legally recognized interest in property, whether to the obtainer or another. In relation to labor or services, to secure performance thereof. In relation to a trade secret, to make any facsimile, replica, photograph, or other reproduction.
Obtain or exercise unauthorized control means, but is not necessarily limited to, conduct heretofore defined or known as common law larceny by trespassory taking, larceny by conversion, larceny by bailee, or embezzlement.
Property means anything of value, including real estate, tangible and intangible personal property, captured or domestic animals and birds, written instruments or other writings representing or embodying rights concerning real or personal property, labor, services, or otherwise containing anything of value to the owner, commodities of a public utility nature such as telecommunications, gas, electricity, steam, or water, and trade secrets, meaning the whole or any portion of any scientific or technical information, design, process, procedure, formula or invention which the owner thereof intends to be available only to persons selected by him.
Purpose to deprive means to have the conscious object: (1)
To withhold property permanently or for so extended a period or to use under such circumstances that a substantial portion of its economic value, or of the use and benefit thereof, would be lost;
(2)
To restore the property only upon payment of a reward or other compensation; or
(3)
To dispose of the property under circumstances that make it unlikely that the owner will recover it.
(Code 1981, § 13-640-1)
State Law reference— Similar provisions, U.C.A. 1953, § 76-6-401.
Sec. 14-335. - Presumptions and defenses.#
The following presumption shall be applicable to this article: (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 no defense under this article that the actor has an interest in the property or service stolen if another person also has an interest that the actor is not entitled to infringe, provided an interest in property for purposes of this subsection shall not include a security interest for the repayment of a debt or obligation.
(3)
It is a defense under this article that the actor:
a.
Acted under an honest claim of right to the property or service involved;
b.
Acted in the honest belief that he had the right to obtain or exercise control over the property or service as he did; 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 was living at the time of an alleged violation of this article.
(Code 1981, § 13-640-2)
State Law reference— Similar provisions, U.C.A. 1953, § 76-6-402.
Sec. 14-336. - Evidence to support accusation.#
Conduct denominated theft in this article constitutes a single offense embracing the separate offenses as those heretofore known as larceny, larceny by trick, larceny by bailees, embezzlement, false pretense, extortion, blackmail, and receiving stolen property. An accusation of theft may be supported by evidence that it was committed in any manner specified in this section and sections 14-337 through 14-343 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.
(Code 1981, § 13-640-3)
State Law reference— Similar provisions, U.C.A. 1953, § 76-6-403.
Sec. 14-337. - Elements constituting offense.#
A person commits theft if he obtains or exercises unauthorized control over the property of another with a purpose to deprive him thereof.
(Code 1981, § 13-640-4)
State Law reference— Similar provisions, U.C.A. 1953, § 76-6-404.
Sec. 14-338. - Theft by deception.#
(a)
A person commits theft if he obtains or exercises control over property of another person:
(1)
By deception; and
(2)
With a purpose to deprive him thereof.
(b)
The deception described in subsection (a)(1) of this section and the deprivation described in subsection (a)(2) of this section may occur at separate times.
(c)
Theft by deception does not occur, however, when there is only falsity as to matters having no pecuniary significance, or puffing by statements unlikely to deceive ordinary persons in the group addressed. As used in this subsection, the term "puffing" means an exaggerated commendation of wares or worth in communications addressed to the public or to a class or group.
(Code 1981, § 13-640-5)
State Law reference— Similar provisions, U.C.A. 1953, § 76-6-405.
Sec. 14-339. - Theft by extortion.#
(a)
A person is guilty of theft if he obtains or exercises control over the property of another by extortion and with a purpose to deprive the person of the person's property.
(b)
As used in this section, extortion occurs when a person threatens to:
(1)
Cause physical harm in the future to the person threatened or to any other person or to property at any time;
(2)
Subject the person threatened or any other person to physical confinement or restraint;
(3)
Engage in other conduct constituting a crime;
(4)
Accuse any person of a crime or expose him to hatred, contempt or ridicule;
(5)
Reveal any information sought to be concealed by the person threatened;
(6)
Testify or provide information or withhold testimony or information with respect to another's legal claim or defense;
(7)
Take action as an official against anyone or anything, or withhold official action, or cause such action or withholding;
(8)
Bring about or continue a strike, boycott or other similar collective action to obtain property which is not demanded or received for the benefit of the group which the actor purports to represent; or
(9)
Do any other act which would not in itself substantially benefit him but which would harm substantially any other person with respect to that person's health, safety, business, calling, career, financial condition, reputation, or personal relationships.
(Code 1981, § 13-640-6)
State Law reference— Similar provisions, U.C.A. 1953, § 76-6-406(1)(2).
Sec. 14-340. - Theft of lost, mislaid or mistakenly delivered property.#
A person commits theft when: (1)
He obtains property of another which he knows to have been lost or mislaid, or to have been delivered under a mistake as to the identity of the recipient or as to the nature or amount of the property, without taking reasonable measures to return it to the owner; and
(2)
He has the purpose to deprive the owner of the property when he obtains the property or at any time prior to taking the measures designated in subsection (1) of this section.
(Code 1981, § 13-640-7)
State Law reference— Similar provisions, U.C.A. 1953, § 76-6-407.
Sec. 14-341. - Receiving stolen property; duties of pawnbrokers, secondhand businesses, coin dealers, and catalytic converter purchasers.#
(a)
The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Catalytic converter purchaser means the same as that term is defined in U.C.A. 1953, § 13-32a-102.
Coin dealer means the same as that term is defined in U.C.A. 1953, § 13-32a-102.
Pawnbroker means the same as that term is defined in U.C.A. 1953, § 13-32a-102.
Receives means acquiring possession, control, title, or lending on the security of the property.
Scrap metal processor means the same as that term is defined in U.C.A. 1953, § 76-6-1402.
Secondhand actor means a pawnbroker; a person who has or operates a business dealing in or collecting used or secondhand merchandise or personal property, or an agent, employee, or representative of a pawnbroker or person who buys, receives, or obtains property.
(b)
A person commits theft if he receives, retains, or disposes of the property of another knowing that it has been stolen, or believing that it probably has been stolen, or who conceals, sells, withholds or aids in concealing, selling, or withholding any such property from the owner, knowing or believing the property to be stolen, intending to deprive the owner of the property.
(c)
Except as provided in subsection (d) of this section, the knowledge or belief required for subsection (a) of this section is presumed in the case of an actor who:
(1)
Is found in possession or control of other property stolen on a separate occasion; or
(2)
Has received other stolen property within the year preceding the receiving offense charged.
(d)
The knowledge or belief required under subsection (c)(2) of this section may only be presumed of a secondhand actor if the secondhand actor does not substantially comply with the material requirements of U.C.A. 1953, § 13-32a-104.
(e)
The knowledge or belief required under subsection (a) of this section may only be presumed of a coin dealer or an employee of a coin dealer if the coin dealer or the employee of the coin dealer does not substantially comply with the requirements of U.C.A. 1953, § 13-32a-104.5.
(f)
The knowledge or belief required under subsection (c)(2) of this section may only be presumed of a catalytic converter purchaser if the catalytic converter purchaser does not substantially comply with the material requirements of U.C.A. 1953, § 13-32a-104.7.
(1)
Unless acting as a catalytic converter purchaser, subsection (f) of this section does not apply to a scrap metal processor.
(2)
This section does not preclude the admission of evidence in accordance with the Utah Rules of Evidence.
(Code 1981, § 13-640-8)
State Law reference— Similar provisions, U.C.A. 1953, § 76-6-408.
Sec. 14-342. - Theft of services.#
(a)
A person commits theft if he obtains services which he knows are available only for compensation by deception, threat, force, or any other means designed to avoid the due payment therefor.
(b)
A person commits theft if, having control over the disposition of services of another, to which he knows he is not entitled, he diverts such services to his own benefit or to the benefit of another who he knows is not entitled thereto.
(c)
As used in this section, the term "services" includes, but is not necessarily limited to, labor, professional service, public utility, and transportation services, restaurant, hotel, motel, tourist cabin, roominghouse and like accommodations, the supplying of equipment, tools, vehicles, or trailers for temporary use, telephone or telegraph service, gas, electricity, water or steam, and the like, admission to entertainment, exhibitions, sporting events, or other events for which a charge is made.
(d)
Under this section, the term "services" includes gas, electricity, water, sewer, or cable television services, only if the services are obtained by threat, force, or a form of deception not described in U.C.A. 1953, § 76-6-409.3.
(e)
Under this section, the term "services" includes telephone services only if the services are obtained by threat, force, or a form of deception not described in U.C.A. 1953, § § 76-6-409.5 through 76-6-409.9.
(Code 1981, § 13-640-9)
State Law reference— Similar provisions, U.C.A. 1953, § 76-6-409.
Sec. 14-343. - Theft by person having custody of property pursuant to repair or rental agreement.#
A person is guilty of theft if: (1)
Having custody of property pursuant to an agreement between himself or another and the owner thereof whereby the actor or another is to perform for compensation a specific service for the owner involving the maintenance, repair, or use of such property, he intentionally uses or operates it, without the consent of the owner, for his own purposes in a manner constituting a gross deviation from the agreed purpose; or
(2)
Having custody of any property pursuant to a rental or lease agreement where it is to be returned in a specified manner or at a specified time, intentionally fails to comply with the terms of the agreement concerning return so as to render such failure a gross deviation from the agreement.
(Code 1981, § 13-640-10)
State Law reference— Similar provisions, U.C.A. 1953, § 76-6-410.
Sec. 14-344. - Classification of offenses.#
Unless otherwise provided in this article or state law, theft of property and services shall be punishable as a Class B misdemeanor.
(Code 1981, § 13-640-12)
State Law reference— Theft, classification of offenses, U.C.A. 1953, § 76-6-412.