Shoplifting / Retail Theft

utah-shoplifting-attorney-david-laurence-altman-st-george-shoplifting-lawyerUnlawfully taking the property of another with no intention of returning that property to the rightful owner is theft. Simple non violent thefts such as retail theft, shoplifting, receiving stolen property and theft by deception offenses are usually charged as misdemeanors with a fine and probation the likely sentence for first offenders. Punishment for theft crimes is based upon the value of the property taken. If the amount taken exceeds $1,500.00, the theft will be charged as a 3rd degree felony. When the property taken exceeds $5,000.00, the theft is charged as a 2nd degree felony. Felony theft convictions may result in jail sentences even for first offenders.

 

 

76-6-602.   Retail theft, acts constituting.

            A person commits the offense of retail theft when he knowingly:
            (1) Takes possession of, conceals, carries away, transfers or causes to be carried away or transferred, any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment with the intention of retaining such merchandise or with the intention of depriving the merchant permanently of the possession, use or benefit of such merchandise without paying the retail value of such merchandise; or
            (2) Alters, transfers, or removes any label, price tag, marking, indicia of value or any other markings which aid in determining value of any merchandise displayed, held, stored or offered for sale, in a retail mercantile establishment and attempts to purchase such merchandise personally or in consort with another at less than the retail value with the intention of depriving the merchant of the retail value of such merchandise; or
            (3) Transfers any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment from the container in or on which such merchandise is displayed to any other container with the intention of depriving the merchant of the retail value of such merchandise; or
            (4) Under-rings with the intention of depriving the merchant of the retail value of the merchandise; or
            (5) Removes a shopping cart from the premises of a retail mercantile establishment with the intent of depriving the merchant of the possession, use or benefit of such cart.

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