Utah criminal charge
Theft by deception in Utah
Theft by deception is a criminal offense under Utah law, defined by Utah Code Ann. § 76-6-405. 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. § 76-6-405.
What is the penalty for theft by deception in Utah?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 1 years to 15 years (Theft by deception (property value ≥ $5,000, or firearm/motor vehicle) — The value of the property is or exceeds $5,000, or the property 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 (Theft by deception (property value ≥ $5,000, or firearm/motor vehicle) — The value of the property is or exceeds $5,000, or the property 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 (Theft by deception (<$500, no aggravating factors) — The value of the property stolen is less than $500 and the theft does not qualify under Subsection (3)(c).) | discretionary | Utah Code Ann. § 76-3-204 |
| Fine | up to $1,000 (Theft by deception (<$500, no aggravating factors) — The value of the property stolen is less than $500 and the theft does not qualify 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 theft by deception classified in Utah?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Theft by deception (property value ≥ $5,000, or firearm/motor vehicle) | Second Degree Felony | The value of the property is or exceeds $5,000, or the property stolen is a firearm or an operable motor vehicle. | Utah Code Ann. § 76-6-405(3)(a) |
| Theft by deception (<$500, no aggravating factors) | Class B Misdemeanor | The value of the property stolen is less than $500 and the theft does not qualify under Subsection (3)(c). | Utah Code Ann. § 76-6-405(3)(d) |
Common questions about theft by deception in Utah
Is theft by deception a felony or a misdemeanor in Utah?
It depends on the circumstances: theft by deception ranges from a Class B Misdemeanor to a Second Degree Felony in Utah under Utah Code Ann. § 76-6-405.
Theft by deception (property value ≥ $5,000, or firearm/motor vehicle): Second Degree Felony (Utah Code Ann. § 76-6-405(3)(a)) · Theft by deception (<$500, no aggravating factors): Class B Misdemeanor (Utah Code Ann. § 76-6-405(3)(d))
What are the penalties for theft by deception in Utah?
Which Utah statute covers theft by deception?
Theft by deception is governed by Utah Code Ann. § 76-6-405 (Theft by deception).
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.