Utah § 76-6-404.5 - Unauthorized possession of property.
Full text of Utah Utah Code § 76-6-404.5 — Unauthorized possession of property., with citation guidance and answers to common questions.
§ 76-6-404.5. Unauthorized possession of property.
Effective 5/7/2025 76-6-404.5.
Unauthorized possession of property.
(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.
the property is a firearm or an operable motor vehicle; or
(iii)
the property is taken from the person of another;
(b)
a class A misdemeanor if:
(i)
the value of the property is or exceeds $1,500 but is less than $5,000;
(ii)
the property is:
(A)
a catalytic converter as defined under Section 76-6-1402; or
(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;
(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:
(A)
any theft, any robbery, or any burglary with intent to commit theft;
any attempt to commit any offense under Subsection (3)(b)(iii)(A) or (B); or
(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);
(iv)
(A)
the value of property is or exceeds $500 but is less than $1,500;
(B)
the unauthorized possession of property occurs on a property where the offender has committed any theft within the past five years; and
(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
(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;
(c)
a class B misdemeanor if:
(i)
the value of the property is or exceeds $500 but is less than $1,500;
(ii)
(A)
the value of property is less than $500;
(B)
the unauthorized possession of property occurs on a property where the offender has committed any theft within the past five years; and
(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
(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
(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.
Frequently Asked Questions About Utah § 76-6-404.5
What does Utah Code § 76-6-404.5 cover?
Section 76-6-404.5 ("Unauthorized possession of property.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 76-6-404.5?
A common citation format is "Utah Code § 76-6-404.5" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 76-6-404.5 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
