13-32a-109.8 - Pawned or sold property subject to law enforcement investigation.
13-32a-109.8. Pawned or sold property subject to law enforcement investigation.
(1) If the article pawned or sold under Section 13-32a-109 is subject to an investigationand a criminal prosecution results, the prosecuting agency shall, prior to disposition of the case:
(a) request restitution to the pawn or secondhand business for the crimes perpetratedagainst the pawn or secondhand business as a victim of theft by deception; and
(b) request restitution for the original victim.
(2) If the original victim of the theft of the property files a police report and the propertyis subsequently located at a pawn or secondhand business, the victim shall fully cooperate withthe prosecution of the crimes perpetrated against the pawn or secondhand business as a victim oftheft by deception, in order to qualify for restitution regarding the property.
(3) If the original victim does not pursue criminal charges or does not cooperate in theprosecution of the property theft crimes charged against the defendant and the theft by deceptioncharges committed against the pawn or secondhand business, then the original victim shall pay tothe pawn or secondhand business the amount of money financed or paid by the pawn orsecondhand business to the defendant in order to obtain the property.
(4) (a) The victim's cooperation in the prosecution of the property crimes and in theprosecution of the theft by deception offense committed against the pawn or secondhand businesssuspends the requirements of Subsections (2) and (3).
(b) If the victim cooperates in the prosecution under Subsection (4)(a) and the defendantsare convicted, the prosecuting agency shall direct the pawn or secondhand business to turn overthe property to the victim.
(c) Upon receipt of notice from the prosecuting agency that the property must be turnedover to the victim, the pawn or secondhand business shall return the property to the victim assoon as reasonably possible.
(5) A pawn or secondhand business shall fully cooperate in the prosecution of theproperty crimes committed against the original victim and the property crime of theft bydeception committed against the pawn or secondhand business in order to participate in anycourt-ordered restitution.
(6) At all times during the course of a criminal investigation and subsequent prosecution,the article subject to a law enforcement hold shall be kept secure by the pawn or secondhandbusiness subject to the hold unless a pawned or sold article has been seized by the lawenforcement agency pursuant to Section 13-32a-109.5.
Amended by Chapter 378, 2010 General Session