Utah criminal charge
Retail theft in Utah
Retail theft is a criminal offense under Utah law, defined by Utah Code Ann. § 76-6-602. Its classification is not fixed: Utah assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Utah Code Ann. § 76-6-602.
What is the penalty for retail theft in Utah?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 1 years to 15 years (Retail theft — merchandise ≥ $5,000 or firearm/vehicle — The retail value of the merchandise or shopping cart is or exceeds $5,000, or the merchandise stolen is a firearm or an operable motor vehicle.; indeterminate prison term, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole) | discretionary | Utah Code Ann. § 76-3-203 |
| Fine | up to $10,000 (Retail theft — merchandise ≥ $5,000 or firearm/vehicle — The retail value of the merchandise or shopping cart is or exceeds $5,000, or the merchandise stolen is a firearm or an operable motor vehicle.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
| Jail / prison | up to 6 months (Retail theft — under $500, no aggravating factors — The retail value of the merchandise or shopping cart stolen is less than $500 and the theft does not qualify as a class A misdemeanor under Subsection (3)(c).) | discretionary | Utah Code Ann. § 76-3-204 |
| Fine | up to $1,000 (Retail theft — under $500, no aggravating factors — The retail value of the merchandise or shopping cart stolen is less than $500 and the theft does not qualify as a class A misdemeanor under Subsection (3)(c).; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-204 |
Applies to current (2026 General Session).
How is retail theft classified in Utah?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Retail theft — merchandise ≥ $5,000 or firearm/vehicle | Second Degree Felony | The retail value of the merchandise or shopping cart is or exceeds $5,000, or the merchandise stolen is a firearm or an operable motor vehicle. | Utah Code Ann. § 76-6-602(3)(a) |
| Retail theft — under $500, no aggravating factors | Class B Misdemeanor | The retail value of the merchandise or shopping cart stolen is less than $500 and the theft does not qualify as a class A misdemeanor under Subsection (3)(c). | Utah Code Ann. § 76-6-602(3)(d) |
Common questions about retail theft in Utah
Is retail theft a felony or a misdemeanor in Utah?
It depends on the circumstances: retail theft ranges from a Class B Misdemeanor to a Second Degree Felony in Utah under Utah Code Ann. § 76-6-602.
Retail theft — merchandise ≥ $5,000 or firearm/vehicle: Second Degree Felony (Utah Code Ann. § 76-6-602(3)(a)) · Retail theft — under $500, no aggravating factors: Class B Misdemeanor (Utah Code Ann. § 76-6-602(3)(d))
What are the penalties for retail theft in Utah?
Which Utah statute covers retail theft?
Retail theft is governed by Utah Code Ann. § 76-6-602 (Retail theft).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.