76-6-412 (Effective 11/01/10) - Theft -- Classification of offenses -- Action for treble damages.
76-6-412 (Effective 11/01/10). Theft -- Classification of offenses -- Action for trebledamages.
(1) Theft of property and services as provided in this chapter is punishable:
(a) as a second degree felony if the:
(i) value of the property or services is or exceeds $5,000;
(ii) property stolen is a firearm or an operable motor vehicle;
(iii) actor is armed with a dangerous weapon, as defined in Section 76-1-601, at the timeof the theft; or
(iv) property is stolen from the person of another;
(b) as a third degree felony if:
(i) the value of the property or services is or exceeds $1,500 but is less than $5,000;
(ii) the actor has been twice before convicted of any of the offenses listed in thisSubsection (1)(b)(ii), if each prior offense was committed within 10 years of the date of thecurrent conviction or the date of the offense upon which the current conviction is based:
(A) theft, any robbery, or any burglary with intent to commit theft;
(B) any offense under Title 76, Chapter 6, Part 5, Fraud; or
(C) any attempt to commit any offense under Subsection (1)(b)(ii)(A) or (B).
(iii) in a case not amounting to a second-degree felony, the property taken is a stallion,mare, colt, gelding, cow, heifer, steer, ox, bull, calf, sheep, goat, mule, jack, jenny, swine,poultry, or a fur-bearing animal raised for commercial purposes;
(c) as a class A misdemeanor if the value of the property stolen is or exceeds $500 but isless than $1,500; or
(d) as a class B misdemeanor if the value of the property stolen is less than $500.
(2) Any person who violates Subsection 76-6-408(1) or Section 76-6-413, or commitstheft of property described in Subsection 76-6-412(1)(b)(iii), is civilly liable for three times theamount of actual damages, if any sustained by the plaintiff, and for costs of suit and reasonableattorney fees.
Amended by Chapter 193, 2010 General Session