76-6-412 (Superseded 11/01/10) - Theft -- Classification of offenses -- Action for treble damages.
76-6-412 (Superseded 11/01/10). Theft -- Classification of offenses -- Action fortreble damages.
(1) Theft of property and services as provided in this chapter shall be punishable:
(a) as a felony of the second degree 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 felony of the third degree if:
(i) the value of the property or services is or exceeds $1,000 but is less than $5,000;
(ii) the actor has been twice before convicted of theft, any robbery, or any burglary withintent to commit theft; or
(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 $300 but isless than $1,000; or
(d) as a class B misdemeanor if the value of the property stolen is less than $300.
(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 reasonableattorneys' fees.
Amended by Chapter 119, 1997 General Session
Amended by Chapter 289, 1997 General Session