Utah criminal charge
Unlawful dealing of property by a fiduciary in Utah
Unlawful dealing of property by a fiduciary is a criminal offense under Utah law, defined by Utah Code Ann. § 76-6-513. 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. § 76-6-513.
What is the penalty for unlawful dealing of property by a fiduciary in Utah?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 1 years to 15 years (Unlawful dealing (2)(a) — value $5,000 or more, or stolen from person — The value of the property involved in the (2)(a) violation is or exceeds $5,000, or the property is stolen 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 $10,000 (Unlawful dealing (2)(a) — value $5,000 or more, or stolen from person — The value of the property involved in the (2)(a) violation is or exceeds $5,000, or the property is stolen 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 | up to 6 months (Unlawful dealing (2)(a) — value under $500 — The value of the property stolen is less than $500 and the offense does not qualify under Subsection (3)(a)(iii)(B).) | discretionary | Utah Code Ann. § 76-3-204 |
| Fine | up to $1,000 (Unlawful dealing (2)(a) — value under $500 — The value of the property stolen is less than $500 and the offense does not qualify under Subsection (3)(a)(iii)(B).; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-204 |
| Jail / prison | 1 years to 15 years (Unlawful pledging (2)(b) — value $5,000 or more — The value of the property wrongfully pledged under (2)(b) is or exceeds $5,000.; 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 (Unlawful pledging (2)(b) — value $5,000 or more — The value of the property wrongfully pledged under (2)(b) is or exceeds $5,000.; 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 5 years (Unlawful pledging (2)(b) — value $1,500 to under $5,000 — The value of the property wrongfully pledged under (2)(b) is or exceeds $1,500 but is less than $5,000.; 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 (Unlawful pledging (2)(b) — value $1,500 to under $5,000 — The value of the property wrongfully pledged under (2)(b) is or exceeds $1,500 but is less than $5,000.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
| Jail / prison | Unlawful pledging (2)(b) — value $500 to under $1,500 or two prior convictions — The value of the property wrongfully pledged is or exceeds $500 but is less than $1,500, or the actor has twice before been convicted of theft, robbery, burglary with intent to commit theft, or unlawful dealing with property by a fiduciary.; 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 (Unlawful pledging (2)(b) — value $500 to under $1,500 or two prior convictions — The value of the property wrongfully pledged is or exceeds $500 but is less than $1,500, or the actor has twice before been convicted of theft, robbery, burglary with intent to commit theft, or unlawful dealing with property by a fiduciary.; 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 6 months (Unlawful pledging (2)(b) — value under $500 — The value of the property wrongfully pledged under (2)(b) is less than $500.) | discretionary | Utah Code Ann. § 76-3-204 |
| Fine | up to $1,000 (Unlawful pledging (2)(b) — value under $500 — The value of the property wrongfully pledged under (2)(b) is less than $500.; 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 unlawful dealing of property by a fiduciary classified in Utah?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Unlawful dealing (2)(a) — value $5,000 or more, or stolen from person | Second Degree Felony | The value of the property involved in the (2)(a) violation is or exceeds $5,000, or the property is stolen from the person of another. | Utah Code Ann. § 76-6-513(3)(a)(i) |
| Unlawful dealing (2)(a) — value under $500 | Class B Misdemeanor | The value of the property stolen is less than $500 and the offense does not qualify under Subsection (3)(a)(iii)(B). | Utah Code Ann. § 76-6-513(3)(a)(iv) |
| Unlawful pledging (2)(b) — value $5,000 or more | Second Degree Felony | The value of the property wrongfully pledged under (2)(b) is or exceeds $5,000. | Utah Code Ann. § 76-6-513(3)(b)(i) |
| Unlawful pledging (2)(b) — value $1,500 to under $5,000 | Third Degree Felony | The value of the property wrongfully pledged under (2)(b) is or exceeds $1,500 but is less than $5,000. | Utah Code Ann. § 76-6-513(3)(b)(ii) |
| Unlawful pledging (2)(b) — value $500 to under $1,500 or two prior convictions | Class A Misdemeanor | The value of the property wrongfully pledged is or exceeds $500 but is less than $1,500, or the actor has twice before been convicted of theft, robbery, burglary with intent to commit theft, or unlawful dealing with property by a fiduciary. | Utah Code Ann. § 76-6-513(3)(b)(iii) |
| Unlawful pledging (2)(b) — value under $500 | Class B Misdemeanor | The value of the property wrongfully pledged under (2)(b) is less than $500. | Utah Code Ann. § 76-6-513(3)(b)(iv) |
Common questions about unlawful dealing of property by a fiduciary in Utah
Is unlawful dealing of property by a fiduciary a felony or a misdemeanor in Utah?
It depends on the circumstances: unlawful dealing of property by a fiduciary ranges from a Class B Misdemeanor to a Second Degree Felony in Utah under Utah Code Ann. § 76-6-513.
Unlawful dealing (2)(a) — value $5,000 or more, or stolen from person: Second Degree Felony (Utah Code Ann. § 76-6-513(3)(a)(i)) · Unlawful dealing (2)(a) — value under $500: Class B Misdemeanor (Utah Code Ann. § 76-6-513(3)(a)(iv)) · Unlawful pledging (2)(b) — value $5,000 or more: Second Degree Felony (Utah Code Ann. § 76-6-513(3)(b)(i)) · Unlawful pledging (2)(b) — value $1,500 to under $5,000: Third Degree Felony (Utah Code Ann. § 76-6-513(3)(b)(ii)) · Unlawful pledging (2)(b) — value $500 to under $1,500 or two prior convictions: Class A Misdemeanor (Utah Code Ann. § 76-6-513(3)(b)(iii)) · Unlawful pledging (2)(b) — value under $500: Class B Misdemeanor (Utah Code Ann. § 76-6-513(3)(b)(iv))
What are the penalties for unlawful dealing of property by a fiduciary in Utah?
Which Utah statute covers unlawful dealing of property by a fiduciary?
Unlawful dealing of property by a fiduciary is governed by Utah Code Ann. § 76-6-513 (Unlawful dealing of property by a fiduciary).
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.