Under the Utah criminal code, a person can be convicted of theft for simply possessing or receiving stolen property – even when the evidence is clear that another person stole the property.
Statutory Elements of a Theft by Receiving Charge
Theft by receiving stolen property is defined broadly under Utah’s criminal law, to include any person who “receives, retains, or disposes of the property of another knowing that it has been stolen, or believing that it probably has been stolen, or who conceals, sells, withholds or aids in concealing, selling, or withholding the property from the owner, knowing the property to be stolen, intending to deprive the owner of it.”
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In many Utah criminal cases, the two key elements of this statute are the person’s knowledge or belief that the property was stolen and also their intent to deprive the owner of that property.
Interestingly, this criminal charge does not require any proof that the property actually was stolen. The statute also allows for charges even if the defendant mistakenly believed that the property was stolen. This could become a key issue in a case where, for example, police conducted an undercover sting operation. In such a situation, if a person takes possession of property from an undercover officer under circumstances that would lead an ordinary person to believe the property was stolen, then that person could face criminal charges of theft by receiving stolen property.
In order to obtain a conviction for this charge, a prosecutor must also prove the “intent to deprive the owner” of the property. A person who finds stolen property and takes possession of it with the purpose of returning that property to its rightful owner is not guilty of this crime.
The best attorneys understand that the effects of a criminal charge extend beyond the courtroom.
Penalties for Theft by Receiving in Utah
The consequences of a criminal conviction in Utah can be severe. Under Utah criminal law, the level of a theft by receiving stolen property charge is usually based on the value of the involved. Property valued at less than $500 typically results in a class B misdemeanor punishable by up to 180 days in jail. But as the value increases, so does the level of the offense, up to the second degree felony level punishable by up to 15 years in prison.
Certain theft charges in Utah do not depend on the value of the item. For example, a theft by receiving charge involving a motor vehicle or a firearm become automatic second degree felony charges, regardless of the value of the car or gun.
Finding a Utah Criminal Defense Attorney
We represent clients charged with theft by receiving and other criminal charges throughout Utah. If you facing criminal charges in Utah, you need an experienced criminal defense lawyer on your side.
A successful defense strategy starts with an understanding of your goals and needs.
Contact us now to schedule an initial consultation. See the difference the right attorney can make.
