76-6-408. Theft by receiving stolen property -- Duties of pawnbrokers, secondhand businesses, coin dealers, and catalytic converter purchasers.
(1) As used in this section: "Catalytic converter purchaser" means the same as that term is defined in Section. 13-32a-102 "Coin dealer" means the same as that term is defined in Section. 13-32a-102 "Pawnbroker" means the same as that term is defined in Section. 13-32a-102 "Receives" means acquiring possession, control, title, or lending on the security of the property. "Scrap metal processor" means the same as that term is defined in Section. 76-6-1402 "Secondhand actor" means: a pawnbroker; a person who has or operates a business dealing in or collecting used or secondhand merchandise or personal property; or an agent, employee, or representative of a pawnbroker or person who buys, receives, or obtains property. Terms defined in Sectionapply to this section. 76-1-101.5
(2) An actor commits theft by receiving stolen property if the actor receives, retains, or disposes of the property of another knowing that the property is stolen, or believing that the property is probably stolen, or who conceals, sells, withholds, or aids in concealing, selling, or withholding the property from the owner, knowing or believing the property to be stolen, intending to deprive the owner of the property.
(3) A violation of Subsectionis: (2) a second degree felony if: the value of the property is or exceeds $5,000; or the property is a firearm or an operable motor vehicle; a third degree felony if: the value of the property is or exceeds $1,500 but is less than $5,000; the property is: a catalytic converter as defined under Section; or 76-6-1402 25 pounds or more of a suspect metal item as defined under Sectionif the value is less the $5,000 and the suspect metal is made of or contains aluminum or copper and is not a lead battery; 76-6-1402 the value of the property 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: any theft, any robbery, or any burglary with intent to commit theft; any offense under; Part 5, Fraud any attempt to commit any offense under Subsectionor; or (3)(b)(iii)(A) (B) any offense in another jurisdiction, including a state, federal, or military court, that is substantially equivalent to an offense under Subsection (3)(b)(iii)(A), (B), or (C); or the actor has been previously convicted of a felony violation of any of the offenses listed in Subsectionsthrough (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; (3)(b)(iii)(A) a class A misdemeanor if: the value of the property is or exceeds $500 but is less than $1,500; or the actor has been twice before convicted of any of the offenses listed in Subsectionsthrough (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 (3)(b)(iii)(A) a class B misdemeanor if the value of the property is less than $500 and the theft is not an offense under Subsection. (3)(c)
(4) Except as provided in Subsection, the knowledge or belief required under Subsectionis presumed in the case of an actor who: (5) (2) is found in possession or control of other property stolen on a separate occasion; or has received other stolen property within the year preceding the receiving offense charged.
(5) The knowledge or belief required under Subsectionmay only be presumed of a secondhand actor if the secondhand actor does not substantially comply with the material requirements of Section. (2) 13-32a-104 The knowledge or belief required under Subsectionmay only be presumed of a coin dealer or an employee of a coin dealer if the coin dealer or the employee of the coin dealer does not substantially comply with the requirements of Section. (2) 13-32a-104.5 The knowledge or belief required under Subsectionmay only be presumed of a catalytic converter purchaser if the catalytic converter purchaser does not substantially comply with the material requirements of Section. (2) 13-32a-104.7
(6) Unless acting as a catalytic converter purchaser, Subsectiondoes not apply to a scrap metal processor. (5)(c)
(7) This section does not preclude the admission of evidence in accordance with the Utah Rules of Evidence.
(8) An actor who violates Subsectionis civilly liable for three times the amount of actual damages, if any sustained by the plaintiff, and for costs of suit and reasonable attorney fees. (2)