76-6-408 - Receiving stolen property -- Duties of pawnbrokers, secondhand businesses, and coin dealers.
76-6-408. Receiving stolen property -- Duties of pawnbrokers, secondhandbusinesses, and coin dealers.
(1) A person commits theft if he receives, retains, or disposes of the property of anotherknowing 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 the property from the owner,knowing the property to be stolen, intending to deprive the owner of it.
(2) The knowledge or belief required for Subsection (1) is presumed in the case of anactor who:
(a) is found in possession or control of other property stolen on a separate occasion;
(b) has received other stolen property within the year preceding the receiving offensecharged;
(c) is a pawnbroker or person who has or operates a business dealing in or collectingused or secondhand merchandise or personal property, or an agent, employee, or representative ofa pawnbroker or person who buys, receives, or obtains property and fails to require the seller orperson delivering the property to:
(i) certify, in writing, that he has the legal rights to sell the property;
(ii) provide a legible print, preferably the right thumb, at the bottom of the certificatenext to his signature; and
(iii) provide at least one positive form of identification; or
(d) is a coin dealer or an employee of the coin dealer as defined in Section 13-32a-102who does not comply with the requirements of Section 13-32a-104.5.
(3) Every pawnbroker or person who has or operates a business dealing in or collectingused or secondhand merchandise or personal property, and every agent, employee, orrepresentative of a pawnbroker or person who fails to comply with the requirements ofSubsection (2)(c) is presumed to have bought, received, or obtained the property knowing it tohave been stolen or unlawfully obtained. This presumption may be rebutted by proof.
(4) When, in a prosecution under this section, it appears from the evidence that thedefendant was a pawnbroker or a person who has or operates a business dealing in or collectingused or secondhand merchandise or personal property, or was an agent, employee, orrepresentative of a pawnbroker or person, that the defendant bought, received, concealed, orwithheld the property without obtaining the information required in Subsection (2)(c) or (2)(d),then the burden shall be upon the defendant to show that the property bought, received, orobtained was not stolen.
(5) Subsections (2)(c), (3), and (4) do not apply to scrap metal processors as defined inSection 76-10-901.
(6) As used in this section:
(a) "Dealer" means a person in the business of buying or selling goods.
(b) "Pawnbroker" means a person who:
(i) loans money on deposit of personal property, or deals in the purchase, exchange, orpossession of personal property on condition of selling the same property back again to thepledge or depositor;
(ii) loans or advances money on personal property by taking chattel mortgage security onthe property and takes or receives the personal property into his possession and who sells theunredeemed pledges; or
(iii) receives personal property in exchange for money or in trade for other personal
property.
(c) "Receives" means acquiring possession, control, or title or lending on the security ofthe property.
Amended by Chapter 272, 2009 General Session