Title 76, Title 76: Criminal Offenses

76-6-1409. Hold on stolen regulated metal property -- Hold notice. (1) If a law enforcement agency has reasonable cause to believe that items of regulated metal in the possession of a dealer are stolen, the law enforcement agency may issue a written hold notice. The hold notice d…

76-6-1409.1. Unlawful violation of regulated metal hold requirement. (1) Terms defined in Sectionsandapply to this section. 76-1-101.5 76-6-1402 (2) A dealer commits unlawful violation of regulated metal hold requirement if the dealer violates a requirement under Section. 76-6-14…

76-6-201. Definitions. As used in this part: (1) "Building," in addition to its ordinary meaning, means any watercraft, aircraft, trailer, or other structure or vehicle adapted for overnight accommodation of persons or for carrying on business and includes: each separately secure…

76-6-202. Burglary. (1) Terms defined in Sectionsandapply to this section. 76-1-101.5 76-6-201 (2) An actor commits burglary if the actor enters or remains unlawfully in a building or any portion of a building with intent to commit: a felony; theft; an assault on any person; lewd…

76-6-202.2. Interruption of a connected service in the commission of a burglary. (1) As used in this section: "Burglary" means an offense under Section. 76-6-202 "Connected service" means electrical, Internet, or telephone service. Terms defined in Sectionsandapply to this sectio…

76-6-203. Aggravated burglary. (1) Terms defined in Sectionsandapply to this section. 76-1-101.5 76-6-201 (2) An actor commits aggravated burglary if in attempting, committing, or fleeing from a burglary the actor or another participant in the crime: causes bodily injury to any p…

76-6-204. Burglary of a vehicle -- Charge of other offense. (1) Terms defined in Sectionsandapply to this section. 76-1-101.5 76-6-201 (2) An actor commits burglary of a vehicle if the actor unlawfully enters any vehicle with intent to commit a felony or theft. (3) A violation of…

76-6-204.5. Burglary of a railroad car -- Charge of other offenses. (1) Terms defined in Sectionsandapply to this section. 76-1-101.5 76-6-201 (2) An actor commits burglary of a railroad car if the actor breaks the lock or seal on any railroad car, with the intent to commit a fel…

76-6-205. Manufacture or possession of instrument for burglary or theft. (1) Terms defined in Sectionsandapply to this section. 76-1-101.5 76-6-201 (2) An actor commits manufacture or possession of an instrument for burglary or theft if the actor manufactures or possesses any ins…

76-6-206. Criminal trespass. (1) As used in this section: "Enter" means intrusion of the entire body or the entire unmanned aircraft. "Graffiti" means the same as that term is defined in Section. 76-6-101 "Remain unlawfully," as that term relates to an unmanned aircraft, means re…

76-6-206.1. Criminal trespass of abandoned or inactive mines. (1) For purposes of this section: "Abandoned or inactive mine" means an underground mine which is no longer open for access or no longer under excavation and has been clearly marked as closed or protected from entry. "…

76-6-206.2. Criminal trespass on state park lands. (1) As used in this section: "Authorization" means specific written permission by, or contractual agreement with, the Division of State Parks. "Criminal trespass" means the elements of the crime of criminal trespass, as set forth…

76-6-206.3. Criminal trespass on agricultural land or range land. (1) As used in this section: "Agricultural or range land" and "land" mean land as defined under Subsectionsand. (1)(a)(iv) (v) "Authorization" means specific written permission by, or contractual agreement with, th…

76-6-206.4. Criminal trespass by long-term guest to a residence. (1) As used in this section: "Burglary" means an offense described in Section,, or. 76-6-202 76-6-203 76-6-204 "Long-term guest" means an individual who is not a tenant, nor the immediate family member of an owner o…

76-6-206.5. Cutting, destroying, or rendering ineffective fencing of agricultural or range land. (1) Terms defined in Sections,, andapply to this section. 76-1-101.5 76-6-201 76-6-206.3 (2) An actor commits cutting, destroying, or rendering ineffective the fencing of agricultural…

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

76-6-207. Burglary of a research facility -- Penalties. (1) As used in this section: "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 individuals …

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

76-6-301. Robbery. (1) 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: in the course of an attempt to commit theft or unauthorized possession of property; in the commission of thef…

76-6-302. Aggravated robbery. (1) 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. Terms define…

76-6-401. Definitions. As used in this part: (1) "Deception" occurs when a person intentionally: 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 another …

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 Sectionhas acted in compliance with.

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 Sectionapply to this section. 76-1-101.5 (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 violati…

76-6-404.5. Unauthorized possession of property. (1) Terms defined in Sectionapply to this section. 76-1-101.5 (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 th…

76-6-404.7. Theft of motor vehicle fuel. (1) 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. Terms defined in Sectionapply to this section. 76-1-101.5 …

76-6-405. Theft by deception. (1) 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. Terms defined in Sectionapply to this section. 76-1-101.5 (2) An actor commits theft by de…

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

76-6-407. Theft of lost, mislaid, or mistakenly delivered property. (1) Terms defined in Sectionapply to this section. 76-1-101.5 (2) An actor commits theft of lost, mislaid, or mistakenly delivered property if the actor: obtains another person's property and knows the property t…

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"…

76-6-409. Theft of service. (1) As used in this section, "service" includes: 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…

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

76-6-409.10. Payment of restitution -- Civil action -- Other remedies retained. (1) Terms defined in Sectionsandapply to this section. 76-1-101.5 76-6-409.5 (2) An actor who violates Section,,, orshall make restitution to the telecommunication service provider for the value of th…

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

76-6-409.5. Definitions. As used in this section and Sections,,,, and: (1) "Access device" means any telecommunication device including the telephone calling card number, electronic serial number, account number, mobile identification number, or personal identification number tha…

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

76-6-409.7. Possession of unlawful telecommunication device. (1) Terms defined in Sectionsandapply to this section. 76-1-101.5 76-6-409.5 (2) An actor commits possession of unlawful telecommunication device if the actor knowingly possesses an unlawful telecommunication device. (3…

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

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

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

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

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 Sectionapply to this section. 76-1-101.5 (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 commerc…

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

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