Theft Amendments

5
76-6-409
76-6-602
0
Theft Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Calvin R. Musselman
House Sponsor: Ryan D. Wilcox
LONG TITLE
General Description:
This bill addresses offenses related to theft.
Highlighted Provisions:
This bill:
amends, in certain circumstances, when a previous conviction for a theft, robbery,
burglary, or fraud may enhance the penalty for the offense of theft of service to a third
degree felony;
makes a technical correction in the offense of retail theft clarifying, in certain
circumstances, when the offense applies; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-6-409
, as last amended by Laws of Utah 2025, Chapter 178
76-6-602
, as last amended by Laws of Utah 2025, Chapter 434
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
76-6-409
is amended to read:
76-6-409
. Theft of service.
(1)
(a)
As used in this section, "service" includes:
(i)
labor, professional service, a public utility or transportation service, restaurant,
hotel, motel, tourist cabin, rooming house, and like accommodations, the
supplying of equipment, a tool, a vehicle, or a trailer for temporary use, telegraph
service, steam, admission to entertainment, an exhibition, a sporting event, or
other event for which a charge is made;
(ii)
gas, electricity, water, sewer, or cable television service, only if the service is
obtained by threat, force, or a form of deception not described in Section
76-6-409.3
; and
(iii)
telephone service, only if the service is obtained by threat, force, or a form of
deception not described in Section
76-6-409.6
,
76-6-409.7
,
76-6-409.8
, or
76-6-409.9
.
(b)
Terms defined in Section
76-1-101.5
apply to this section.
(2)
An actor commits theft of service if:
(a)
the actor, by deception, threat, force, or another means designed to avoid due
payment, obtains a service that the actor knows is available only for compensation; or
(b)
the actor:
(i)
has control over the disposition of another person's service; and
(ii)
(A)
diverts the other person's service to the benefit of the actor, knowing that
the actor is not entitled to the service; or
(B)
diverts the other person's service to the benefit of a third person, knowing that
the third person is not entitled to the service.
(3)
A violation of Subsection
(2)
is:
(a)
a second degree felony if the value of the service is or exceeds $5,000;
(b)
except as provided in Subsection
(3)(a)
,
a third degree felony if:
(i)
the value of the service is or exceeds $1,500 but is less than $5,000;
(ii)
the value of the service is or exceeds $500 and the actor has been twice before
convicted of any of the following offenses, if each prior offense was committed
within 10 years before the date of the current conviction or the date of the offense
upon which the current conviction is based and at least one of those convictions is
for a class A misdemeanor:
(A)
any theft, any robbery, or any burglary with intent to commit theft;
(B)
any offense under
Part 5, Fraud
;
(C)
any attempt to commit any offense under Subsection
(3)(b)(ii)(A)
or
(B)
; or
(D)
any offense in another jurisdiction, including a state, federal, or military court,
that is substantially equivalent to an offense under Subsection
(3)(b)(ii)(A)
,
(B), or (C);
(iii)
(A)
the value of the service is or exceeds $500 but is less than $1,500;
(B)
the theft occurs on a property where the offender has committed any theft
within the past five years; and
(C)
the offender has received written notice from the merchant prohibiting the
offender from entering the property pursuant to Subsection
78B-3-108(4)
; or
(iv)
(A)
the service is a service other than a public transportation service; and
(B)
the actor has been previously convicted of a felony violation of any of the
offenses listed in Subsections
(3)(b)(ii)(A)
through (D), if the prior offense was
committed within 10 years before the date of the current conviction or the date
of the offense upon which the current conviction is based;
(c)
except as provided in Subsection
(3)(a)
or
(b)
,
a class A misdemeanor if:
(i)
the value of the service stolen is or exceeds $500 but is less than $1,500;
(ii)
(A)
the value of the service is less than $500;
(B)
the theft occurs on a property where the offender has committed any theft
within the past five years; and
(C)
the offender has received written notice from the merchant prohibiting the
offender from entering the property pursuant to Subsection
78B-3-108(4)
; or
(iii)
the actor has been twice before convicted of any of the offenses listed in
Subsections
(3)(b)(ii)(A)
through (D), if each prior offense was committed within
10 years before the date of the current conviction or the date of the offense upon
which the current conviction is based; or
(d)
except as provided in Subsection
(3)(a)
, (b), or (c),
a class B misdemeanor if the
value of the service is less than $500
and the theft is not an offense under Subsection
(3)(c)
.
Section 2. Section
76-6-602
is amended to read:
76-6-602
. Retail theft.
(1)
Terms defined in Sections
76-1-101.5
and
76-6-601
apply to this section.
(2)
An actor commits retail theft if the actor knowingly:
(a)
takes possession of, conceals, carries away, transfers or causes to be carried away or
transferred, any merchandise displayed, held, stored, or offered for sale in a retail
mercantile establishment with the intention of:
(i)
retaining the merchandise
without paying the retail value of the merchandise
; or
(ii)
depriving the merchant permanently of the possession, use or benefit of such
merchandise without paying the retail value of the merchandise;
(b)
(i)
alters, transfers, or removes any label, price tag, marking, indicia of value, or
any other markings which aid in determining value of any merchandise displayed,
held, stored, or offered for sale, in a retail mercantile establishment; and
(ii)
attempts to purchase the merchandise described in Subsection
(2)(b)(i)
personally
or in consort with another at less than the retail value with the intention of
depriving the merchant of the retail value of the merchandise;
(c)
transfers any merchandise displayed, held, stored, or offered for sale in a retail
mercantile establishment from the container in or on which the merchandise is
displayed to any other container with the intention of depriving the merchant of the
retail value of the merchandise;
(d)
under-rings with the intention of depriving the merchant of the retail value of the
merchandise; or
(e)
removes a shopping cart from the premises of a retail mercantile establishment with
the intent of depriving the merchant of the possession, use, or benefit of the shopping
cart.
(3)
A violation of Subsection
(2)
is:
(a)
a second degree felony if the:
(i)
retail value of the merchandise or shopping cart is or exceeds $5,000;
(ii)
merchandise stolen is a firearm or an operable motor vehicle;
(b)
a third degree felony if:
(i)
the retail value of the merchandise is or exceeds $1,500 but is less than $5,000;
(ii)
the retail value of the merchandise or shopping cart is or exceeds $500 and the
actor has been twice before convicted of any of the following offenses, if each
prior offense was committed within 10 years before the date of the current
conviction or the date of the offense upon which the current conviction is based
and at least one of those convictions is for a class A misdemeanor:
(A)
any theft, any robbery, or any burglary with intent to commit theft;
(B)
any offense under
Part 5, Fraud
;
(C)
any attempt to commit any offense under Subsection
(3)(b)(ii)(A)
or
(B)
; or
(D)
any offense in another jurisdiction, including a state, federal, or military court,
that is substantially equivalent to an offense under Subsection
(3)(b)(ii)(A)
,
(B)
,
or
(C)
;
(iii)
(A)
the retail value of merchandise or shopping cart is or exceeds $500 but is
less than $1,500;
(B)
the theft occurs in a retail mercantile establishment or on the premises of a
retail mercantile establishment where the offender has committed any theft
within the past five years; and
(C)
the offender has received written notice from the merchant prohibiting the
offender from entering the retail mercantile establishment or premises of a
retail mercantile establishment pursuant to Subsection
78B-3-108(4)
; or
(iv)
the actor has been previously convicted of a felony violation of any of the
offenses listed in Subsections
(3)(b)(ii)(A)
through
(D)
, if the prior offense was
committed within 10 years before the date of the current conviction or the date of
the offense upon which the current conviction is based;
(c)
a class A misdemeanor if:
(i)
the retail value of the merchandise or shopping cart stolen is or exceeds $500 but
is less than $1,500;
(ii)
(A)
the retail value of merchandise or shopping cart is less than $500;
(B)
the theft occurs in a retail mercantile establishment or premises of a retail
mercantile establishment where the offender has committed any theft within
the past five years; and
(C)
the offender has received written notice from the merchant prohibiting the
offender from entering the retail mercantile establishment or premises of a
retail mercantile establishment pursuant to Subsection
78B-3-108(4)
; or
(iii)
the actor has been twice before convicted of any of the offenses listed in
Subsections
(3)(b)(ii)(A)
through
(D)
, if each prior offense was committed within
10 years before the date of the current conviction or the date of the offense upon
which the current conviction is based; or
(d)
a class B misdemeanor if the retail value of the merchandise or shopping cart stolen
is less than $500 and the theft is not an offense under Subsection
(3)(c)
.
(4)
(a)
A court shall impose the mandatory jail sentence described in Subsection
(4)(b)
,
and may not suspend any portion of the jail sentence or grant early release, if:
(i)
the court suspends the imposition of a prison sentence for a felony conviction
under this section or sentences an actor for a misdemeanor violation of this section;
(ii)
(A)
the violation is the actor's second or subsequent conviction for any level of
offense under this section; or
(B)
the actor previously has been convicted of a criminal violation in another
jurisdiction, including a state or federal court, that is substantially equivalent to
the violation of this section; and
(iii)
the actor previously has been convicted of reentry of a removed alien under 8
U.S.C. Sec. 1326.
(b)
The mandatory jail sentences referred to in Subsection
(4)(a)
are:
(i)
for a felony or a class A misdemeanor, 360 days in jail;
(ii)
for a class B misdemeanor, 180 days in jail; and
(iii)
for a class C misdemeanor, 90 days in jail.
(c)
(i)
Except as provided in Subsection
(4)(c)(ii)
, an actor who is subject to a
mandatory jail sentence under Subsection
(4)(a)
may not be released to the federal
Immigration and Customs Enforcement Agency of the United States Department
of Homeland Security for deportation until the actor has served the entire jail
sentence described in Subsection
(4)(b)
.
(ii)
An actor may be released to the federal Immigration and Customs Enforcement
Agency of the United States Department of Homeland Security for deportation at
any time during the 14-day period before the final day of the actor's jail sentence
described in Subsection
(4)(b)
.
Section 3.
Effective Date.
This bill takes effect on
May 6, 2026
.
2-27-26 9:03 AM