Utah criminal charge
Unauthorized possession of property in Utah
Unauthorized possession of property is a criminal offense under Utah law, defined by Utah Code Ann. § 76-6-404.5. 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. § 76-6-404.5.
What is the penalty for unauthorized possession of property in Utah?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 5 years (Value $5,000 or more, firearm/vehicle, or taken from person — The property value is or exceeds $5,000, or the property is a firearm or operable motor vehicle, or the property is taken from the person of another.; 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 $5,000 (Value $5,000 or more, firearm/vehicle, or taken from person — The property value is or exceeds $5,000, or the property is a firearm or operable motor vehicle, or the property is taken from the person of another.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
| Jail / prison | Value $500+ with two prior theft-related convictions — The value of the property is or exceeds $500 and the actor has twice before been convicted of theft, robbery, burglary with intent to commit theft, fraud, or attempts/equivalents thereof within 10 years, at least one being a class A misdemeanor.; up to 364 days — except up to one year for class A misdemeanors under Title 76, Chapter 5 (Offenses Against the Individual), other than Sections 76-5-102.9, 76-5-107.5, 76-5-113, and 76-5-303, which remain at 364 days (Utah Code Ann. § 76-3-204(1)) | discretionary | Utah Code Ann. § 76-3-204 |
| Fine | up to $2,500 (Value $500+ with two prior theft-related convictions — The value of the property is or exceeds $500 and the actor has twice before been convicted of theft, robbery, burglary with intent to commit theft, fraud, or attempts/equivalents thereof within 10 years, at least one being a class A misdemeanor.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-204 |
| Jail / prison | up to 90 days (Value under $500, no aggravating factors — The value of the property is less than $500 and the offense does not qualify as a class B misdemeanor under Subsection (3)(c).) | discretionary | Utah Code Ann. § 76-3-204 |
| Fine | up to $750 (Value under $500, no aggravating factors — The value of the property is less than $500 and the offense does not qualify as a class B 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 unauthorized possession of property classified in Utah?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Value $5,000 or more, firearm/vehicle, or taken from person | Third Degree Felony | The property value is or exceeds $5,000, or the property is a firearm or operable motor vehicle, or the property is taken from the person of another. | Utah Code Ann. § 76-6-404.5(3)(a) |
| Value $500+ with two prior theft-related convictions | Class A Misdemeanor | The value of the property is or exceeds $500 and the actor has twice before been convicted of theft, robbery, burglary with intent to commit theft, fraud, or attempts/equivalents thereof within 10 years, at least one being a class A misdemeanor. | Utah Code Ann. § 76-6-404.5(3)(b)(iii) |
| Value under $500, no aggravating factors | Class C Misdemeanor | The value of the property is less than $500 and the offense does not qualify as a class B misdemeanor under Subsection (3)(c). | Utah Code Ann. § 76-6-404.5(3)(d) |
Common questions about unauthorized possession of property in Utah
Is unauthorized possession of property a felony or a misdemeanor in Utah?
It depends on the circumstances: unauthorized possession of property ranges from a Class C Misdemeanor to a Third Degree Felony in Utah under Utah Code Ann. § 76-6-404.5.
Value $5,000 or more, firearm/vehicle, or taken from person: Third Degree Felony (Utah Code Ann. § 76-6-404.5(3)(a)) · Value $500+ with two prior theft-related convictions: Class A Misdemeanor (Utah Code Ann. § 76-6-404.5(3)(b)(iii)) · Value under $500, no aggravating factors: Class C Misdemeanor (Utah Code Ann. § 76-6-404.5(3)(d))
What are the penalties for unauthorized possession of property in Utah?
Which Utah statute covers unauthorized possession of property?
Unauthorized possession of property is governed by Utah Code Ann. § 76-6-404.5 (Unauthorized possession of property).
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.