Title 76, Criminal Offenses

76-6-206.6. Criminal trespass on private property for recreational purposes related to use of public waters. (1)(a) As used in this section: (i) "Bank" means the land within three feet of a public water. (ii) "Private property" means the bed or bank of a non-navigable freshwater …

76-6-207. Burglary of a research facility -- Penalties. (1)(a) As used in this section: (i) "Building," in addition to its commonly-accepted meaning, means any watercraft, aircraft, trailer, sleeping car, or other structure or vehicle adapted for overnight accommodations of indiv…

76-6-208. Unsanctioned camping on state property. (1)(a) As used in this section, "camping" means: (i) erecting or occupying structures, including tents, temporary structures, recreational vehicles, travel trailers, or motor vehicles, for camping or other living accommodation act…

76-6-301. Robbery. (1)(a) As used in this section, an act is considered to be "in the course of committing a theft or unauthorized possession of property" if the act occurs: (i) in the course of an attempt to commit theft or unauthorized possession of property; (ii) in the commis…

76-6-302. Aggravated robbery. (1)(a) As used in this section, an act is considered to be "in the course of committing a robbery" if the act occurs in an attempt to commit, during the commission of, or in the immediate flight after the attempt or commission of a robbery. (b) Terms…

76-6-401. Definitions. As used in this part: (1) "Deception" occurs when a person intentionally: (a) creates or confirms by words or conduct an impression of law or fact that is false and that the actor does not believe to be true and that is likely to affect the judgment of anot…

76-6-402. Presumptions and defenses. The following presumption shall be applicable to this part: (1) Possession of property recently stolen, when no satisfactory explanation of such possession is made, shall be deemed prima facie evidence that the person in possession stole the p…

76-6-402.5. Defense regarding metal dealers. It is a defense against a charge of theft under this part and a defense against a civil claim for conversion if any dealer as defined in Section 76-6-1402 has acted in compliance with Title 76, Chapter 6, Part 14, Regulation of Metal D…

76-6-403. Theft -- Evidence to support accusation. Conduct denominated theft in this part constitutes a single offense embracing the separate offenses such as those heretofore known as larceny, larceny by trick, larceny by bailees, embezzlement, false pretense, extortion, blackma…

76-6-404. Theft -- Elements. (1) Terms defined in Section 76-1-101.5 apply to this section. (2) An actor commits theft if the actor obtains or exercises unauthorized control over another person's property with a purpose to deprive the person of the person's property. (3) A violat…

76-6-404.5. Unauthorized possession of property. (1) Terms defined in Section 76-1-101.5 apply to this section. (2) An actor commits unauthorized possession of property if the actor obtains or exercises unauthorized control over another person's property, without the consent of t…

76-6-404.7. Theft of motor vehicle fuel. (1)(a) As used in this section, "motor vehicle fuel" means any combustible gas, liquid, matter, or substance that is used in an internal combustion engine for the generation of power. (b) Terms defined in Section 76-1-101.5 apply to this s…

76-6-405. Theft by deception. (1)(a) As used in this section, "puffing" means an exaggerated commendation of wares or worth in a communication addressed to an individual, group, or the public. (b) Terms defined in Section 76-1-101.5 apply to this section. (2)(a) An actor commits …

76-6-406. Theft by extortion. (1)(a) As used in this section, extortion occurs when an actor threatens to: (i) cause physical harm in the future to the person threatened, to any other person, or to property at any time; (ii) subject the person threatened or any other person to ph…

76-6-407. Theft of lost, mislaid, or mistakenly delivered property. (1) Terms defined in Section 76-1-101.5 apply to this section. (2) An actor commits theft of lost, mislaid, or mistakenly delivered property if the actor: (a) obtains another person's property and knows the prope…

76-6-408. Theft by receiving stolen property -- Duties of pawnbrokers, secondhand businesses, coin dealers, and catalytic converter purchasers. (1)(a) As used in this section: (i) "Catalytic converter purchaser" means the same as that term is defined in Section 13-32a-102. (ii) "…

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 vehi…

76-6-409.1. Unlawful device for theft of service -- Seizure and destruction -- Civil actions for damages. (1) Terms defined in Section 76-1-101.5 apply to this section. (2) An actor commits unlawful device for theft of service if the actor: (a) makes or possesses an instrument, a…

76-6-409.10. Payment of restitution -- Civil action -- Other remedies retained. (1) Terms defined in Sections 76-1-101.5 and 76-6-409.5 apply to this section. (2)(a)(i) An actor who violates Section 76-6-409.6, 76-6-409.7, 76-6-409.8, or 76-6-409.9 shall make restitution to the t…

76-6-409.3. Theft of utility or cable television services -- Restitution -- Civil action for damages. (1)(a) As used in this section: (i) "Cable television service" means an audio, video, or data service provided for payment by a cable television company over the cable company's …

76-6-409.5. Definitions. As used in this section and Sections 76-6-409.6, 76-6-409.7, 76-6-409.8, 76-6-409.9, and 76-6-409.10: (1) "Access device" means any telecommunication device including the telephone calling card number, electronic serial number, account number, mobile iden…

76-6-409.6. Use of telecommunication device to avoid lawful charge for service. (1) Terms defined in Sections 76-1-101.5 and 76-6-409.5 apply to this section. (2) An actor commits use of a telecommunication device to avoid lawful charge for service if the actor uses a telecommuni…

76-6-409.7. Possession of unlawful telecommunication device. (1) Terms defined in Sections 76-1-101.5 and 76-6-409.5 apply to this section. (2) An actor commits possession of unlawful telecommunication device if the actor knowingly possesses an unlawful telecommunication device. …

76-6-409.8. Sale of an unlawful telecommunication device. (1) Terms defined in Sections 76-1-101.5 and 76-6-409.5 apply to this section. (2) An actor commits sale of unlawful telecommunication device if the actor intentionally sells an unlawful telecommunication device or materia…

76-6-409.9. Manufacture of an unlawful telecommunication device. (1) Terms defined in Sections 76-1-101.5 and 76-6-409.5 apply to this section. (2) An actor commits manufacture of unlawful telecommunication device if the actor intentionally manufactures an unlawful telecommunicat…

76-6-410. Theft by custodian of property pursuant to repair or rental agreement. (1) Terms defined in Section 76-1-101.5 apply to this section. (2) An actor commits theft by custodian of property pursuant to repair or rental agreement if: (a)(i) the actor has custody of property …

76-6-410.5. Theft of a rental vehicle. (1)(a) As used in this section: (i) "Motor vehicle" means a self-propelled vehicle that is intended primarily for use and operation on the highways. (ii) "Rental agreement" means a written agreement stating the terms and conditions governing…

76-6-412.1. Civil remedy for animal theft. In addition to a criminal penalty under this chapter, an actor who commits theft of a stallion, mare, colt, gelding, cow, heifer, steer, ox, bull, calf, sheep, goat, mule, jack, jenny, swine, poultry, a fur-bearing animal raised for comm…

76-6-413. Release of a fur-bearing animal -- Finding. (1) Terms defined in Section 76-1-101.5 apply to this section. (2) An actor commits release of a fur-bearing animal if the actor intentionally and without permission of the owner releases a fur-bearing animal raised for commer…

76-6-414. Theft resulting in economic interruption. (1)(a) As used in this section: (i) "Business" means the same as that term is defined in Section 76-6-113. (ii) "Governmental entity" means the same as that term is defined in Section 76-6-113. (iii) "Economic interruption" mean…

76-6-415. Metal or catalytic converter theft. (1)(a) As used in this section: (i) "Catalytic converter" means the same as that term is defined in Section 76-6-1402. (ii) "Ferrous metal" means the same as that term is defined in Section 76-6-1402. (iii)(A) "Metal" means nonferrous…

76-6-501. Definitions -- Forgery. (1)(a) As used in this section: (i) "Authentication feature" means any hologram, watermark, certification, symbol, code, image, sequence of numbers or letters, or other feature that either individually or in combination with another feature is us…

76-6-501.5. Producing or transferring false identification. (1) Terms defined in Sections 76-1-101.5 and 76-6-501 apply to this section. (2) An actor commits producing or transferring a false identification document if the actor: (a) knowingly and without lawful authority produce…

76-6-502. Possession of forged writing or device for a forgery writing. (1)(a) As used in this section: (i) "Device" means any equipment, mechanism, material, or program. (ii) "Writing" means the same as that term is defined in Section 76-6-501. (b) Terms defined in Section 76-1-…

76-6-503.5. Wrongful liens. (1)(a) As used in this section, "lien" means: (i) an instrument or document filed pursuant to Section 70A-9a-516; (ii) a nonconsensual common law document as defined in Section 38-9-102; (iii) a wrongful lien as defined in Section 38-9-102; or (iv) any…

76-6-503.6. Fraudulent handling of recordable writings. (1) Terms defined in Sections 76-1-101.5 and 76-6-503.5 apply to this section. (2) An actor commits fraudulent handling of recordable writings if the actor: (a) has intent to deceive or injure; and (b) falsifies, destroys, r…

76-6-503.7. Records filed with intent to harass or defraud. (1)(a) As used in this section, "filing office" means the same as that term is defined in Section 70A-9a-513.5. (b) Terms defined in Section 76-1-101.5 apply to this section. (2) An actor commits filing a record with int…

76-6-504. Tampering with records. (1)(a) As used in this section, "writing" means the same as that term is defined in Section 76-6-501. (b) Terms defined in Section 76-1-101.5 apply to this section. (2) An actor commits tampering with records if the actor: (a) having no privilege…

76-6-505. Issuing a bad check or draft -- Presumption. (1) Terms defined in Section 76-1-101.5 apply to this section. (2)(a)(i) An actor commits issuing a bad check or draft if: (A) the actor issues or passes a check or draft for the payment of money, for the purpose of obtaining…

76-6-506. Financial transaction card offenses -- Definitions. As used in Sections 76-6-506.2, 76-6-506.3, 76-6-506.6, 76-6-506.8, and 76-6-506.9: (1) "Authorized credit card merchant" means a person who is authorized by an issuer to furnish money, goods, services, or anything els…

76-6-506.2. Unlawful use of financial transaction card. (1) Terms defined in Sections 76-1-101.5 and 76-6-506 apply to this section. (2) An actor commits unlawful use of financial transaction card if the actor: (a) knowingly uses a revoked, expired, stolen, or fraudulently obtain…

76-6-506.3. Unlawful acquisition, possession, or transfer of financial transaction card. (1) Terms defined in Sections 76-1-101.5 and 76-6-506 apply to this section. (2) An actor commits unlawful acquisition, possession, or transfer of a financial transaction card if the actor: (…

76-6-506.6. Financial transaction card offenses -- Unauthorized factoring of credit card sales drafts. (1) Terms defined in Sections 76-1-101.5 and 76-6-506 apply to this section. (2) An actor commits an unauthorized factoring of credit card sales draft if the actor acts: (a) kno…

76-6-506.7. Obtaining encoded information on a financial transaction card with the intent to defraud the issuer, holder, or merchant. (1)(a) As used in this section: (i) "Card holder" means the same as that term is defined in Section 76-6-506. (ii) "Financial transaction card" or…

76-6-506.8. False application for financial transaction card. (1) Terms defined in Sections 76-1-101.5 and 76-6-506 apply to this section. (2) An actor commits false application for a card if the actor: (a) knowingly, with the intent to defraud: (i) makes application for a financ…

76-6-506.9. Use of fraudulent financial transaction card. (1) Terms defined in Sections 76-1-101.5 and 76-6-506 apply to this section. (2) An actor commits fraudulent use of a financial transaction card if the actor knowingly uses a false, fictitious, altered, or counterfeit fina…