Utah statute
Utah Code Ann. § 76-6-404.5 — Unauthorized possession of property.
Current through 2026 General Session
Part of Part 4: Theft, Utah Code.
Criminal charges under this statute
Full text of Utah Code Ann. § 76-6-404.5
Statutory text current through the 2026 General Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Utah.
(1) Terms defined in Section 76-1-101.5 apply to this section. (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 the property's owner or legal custodian, and with the intent to temporarily appropriate, possess, or use the property or to temporarily deprive the property's owner or legal custodian of possession of the property. (3) A violation of Subsection (2) is: (3)(a) a third degree felony if: (3)(a)(i) the value of the property is or exceeds $5,000; (3)(a)(ii) the property is a firearm or an operable motor vehicle; or (3)(a)(iii) the property is taken from the person of another; (3)(b) a class A misdemeanor if: (3)(b)(i) the value of the property is or exceeds $1,500 but is less than $5,000; (3)(b)(ii) the property is: (3)(b)(ii)(A) a catalytic converter as defined under Section 76-6-1402; or (3)(b)(ii)(B) 25 pounds or more of a suspect metal item is defined under Section 76-6-1402 if the value is less than $5,000 and the suspect metal is made of or contains aluminum or copper and is not a lead battery; (3)(b)(iii) the value of the property is or exceeds $500 and the actor has been twice before convicted of any of the following offenses, if each prior offense was committed within 10 years before the date of the current conviction or the date of the offense upon which the current conviction is based and at least one of those convictions is for a class A misdemeanor: (3)(b)(iii)(A) any theft, any robbery, or any burglary with intent to commit theft; (3)(b)(iii)(B) any offense under Part 5, Fraud; (3)(b)(iii)(C) any attempt to commit any offense under Subsection (3)(b)(iii)(A) or (B); or (3)(b)(iii)(D) any offense in another jurisdiction, including a state, federal, or military court, that is substantially equivalent to an offense under Subsection (3)(b)(iii)(A), (B), or (C); (3)(b)(iv)(A) the value of property is or exceeds $500 but is less than $1,500; (3)(b)(iv)(B) the unauthorized possession of property occurs on a property where the offender has committed any theft within the past five years; and (3)(b)(iv)(C) the offender has received written notice from the merchant prohibiting the offender from entering the property pursuant to Subsection 78B-3-108(4); or (3)(b)(v) the actor has been previously convicted of a felony violation of any of the offenses listed in Subsections (3)(b)(iii)(A) through (D), if the prior offense was committed within 10 years before the date of the current conviction or the date of the offense upon which the current conviction is based; (3)(c) a class B misdemeanor if: (3)(c)(i) the value of the property is or exceeds $500 but is less than $1,500; (3)(c)(ii)(A) the value of property is less than $500; (3)(c)(ii)(B) the unauthorized possession of property occurs on a property where the offender has committed any theft within the past five years; and (3)(c)(ii)(C) the offender has received written notice from the merchant prohibiting the offender from entering the property pursuant to Subsection 78B-3-108(4); or (3)(c)(iii) the actor has been twice before convicted of any of the offenses listed in Subsections (3)(b)(iii)(A) through (D), if each prior offense was committed within 10 years before the date of the current conviction or the date of the offense upon which the current conviction is based; or (3)(d) a class C misdemeanor if the value of the property is less than $500 and the unauthorized possession of property is not an offense under Subsection (3)(c). (4) Unauthorized possession of property is a lesser included offense of the offense of theft under Section 76-6-404. (5) The consent of the owner or legal custodian of the property to the property's control by the actor is not presumed or implied because of the owner's or legal custodian's consent on a previous occasion to the control of the property by any person.
Official sources
Legal terms used in this section
Questions this section answers
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))
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).
This reference is informational and is not legal advice.