Chapter 9.10
OFFENSES AGAINST PROPERTY
Sections:
Article I. General Offenses
Article II. Retail Theft (Shoplifting)
9.10.040 Retail theft unlawful – Acts constituting.
9.10.050 Detention of suspected violator by merchant – Purpose.
9.10.060 Consistency with state criminal code.
9.10.070 Applicability of article – Enforcement.
Article III. Petit Larceny (Theft)
9.10.090 Petit larceny unlawful – Acts constituting.
9.10.100 Possession of property constitutes presumption of guilt.
9.10.110 Applicability of article.
Article I. General Offenses
9.10.010 Reckless burning.
It shall be unlawful for any person to:
A. Recklessly start a fire or cause a fire which endangers human life; or
B. Having started a fire, whether recklessly or not, and knowing that it is spreading and will endanger the life or property of another, either fails to take reasonable measures to put it out or control the fire or fails to give a prompt fire alarm; or
C. Damages the property of another by reckless use of fire or by causing explosion. (Section 76-6-104, Utah Code Annotated 1953) [Code 1988 § 7-2-1].
9.10.020 Criminal mischief.
It shall be unlawful for any person to commit criminal mischief. A person commits criminal mischief if:
A. He intentionally and unlawfully tampers with the property of another and thereby:
1. Recklessly endangers human life; or
2. Recklessly causes or threatens a substantial interruption or impairment of any public utility service.
B. He intentionally damages, defaces, or destroys the property of another.
C. He recklessly or willfully shoots or propels a missile or other object at or against a motor vehicle, bus, airplane, boat, locomotive, train, railway car or caboose, whether moving or standing. (Section 76-6-106, Utah Code Annotated 1953) [Code 1988 § 7-2-2].
9.10.030 Criminal trespass.
It shall be unlawful for any person to commit criminal trespass. A person commits criminal trespass if:
A. He enters or remains unlawfully on property and:
1. Intends to cause annoyance or injury to any person thereon or damage to any property thereon; or
2. Intends to commit any crime, other than theft or felony;
3. Is reckless as to whether his presence will cause fear for the safety of another.
B. Knowing his entry or presence is unlawful, he enters or remains on property as to which notice against entering is given by:
1. Personal communication to the actor by the owner or someone with apparent authority to act for the owner; or
2. Fencing or other enclosure obviously designed to exclude intruders; or
3. Posting of signs reasonably likely to come to the attention of intruders.
A violation of subsection (A) of this section shall be a class C misdemeanor unless it was committed in a dwelling, in which event it shall be a class B misdemeanor. A violation of subsection (B) of this section shall be an infraction.
For purposes of this section “enter” means intrusion of the entire body. (Section 76-6-206, Utah Code Annotated 1953) [Code 1988 § 7-2-3].
Article II. Retail Theft (Shoplifting)
9.10.040 Retail theft unlawful – Acts constituting.
It shall be unlawful for any person to commit retail theft within the limits of the city. A person commits retail theft when he knowingly:
A. 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
B. 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 concert with another at less than the retail value with the intention of depriving the merchant of the retail value of such merchandise; or
C. 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
D. Under-rings with the intention of depriving the merchant of the retail value of the merchandise; or
E. 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. (Section 76-6-602, Utah Code Annotated 1953) [Code 1988 § 7-2-4.1].
9.10.050 Detention of suspected violator by merchant – Purpose.
Any merchant who has probable cause to believe that a person has committed retail theft may detain such person, on or off the premises of a retail mercantile establishment, in a reasonable manner and for a reasonable length of time for all or any of the following purposes:
A. To make a reasonable inquiry as to whether such person has in his possession unpurchased merchandise and to make reasonable investigation of the ownership of such merchandise;
B. To request identification;
C. To verify such identification;
D. To make a reasonable request of such person to place or keep in full view any merchandise such individual may have removed, or which the merchant has reason to believe he may have removed, from its place of display or elsewhere, whether for examination, purchase or for any other reasonable purpose;
E. To inform a peace officer of the detention of the person and surrender that person to the custody of a peace officer;
F. In the case of a minor, to inform a peace officer, the parents, guardian or other private person interested in the welfare of that minor immediately, if possible, of this detention and to surrender custody of such minor to such person.
Any merchant may make a detention as permitted herein off the premises of a retail mercantile establishment only if such detention is pursuant to an immediate pursuit of such person. (Section 76-6-603, Utah Code Annotated 1953) [Code 1988 § 7-2-4.2].
9.10.060 Consistency with state criminal code.
The providing of evidence, reporting of arrest, and other particulars relating to the enforcement under the provisions of this article shall be in accordance with applicable provisions of the Utah Criminal Code. [Code 1988 § 7-2-4.3].
9.10.070 Applicability of article – Enforcement.
The provisions of this article shall be applicable only when the retail value of the property stolen is $100.00 or less. Prosecution for theft of property having a value of more than $100.00 shall be pursued under the applicable provisions of the Utah Criminal Code. (Section 76-6-412 § 1-d, Utah Code Annotated 1953) [Code 1988 § 7-2-4.4].
9.10.080 Definitions.
As used in this article:
“Merchandise” means any personal property displayed, held or offered for sale by a merchant.
“Merchant” means an owner or operator of any retail mercantile establishment where merchandise is displayed, held or offered for sale and includes the merchant’s employees, servants or agents.
“Minor” means any unmarried person under 18 years of age.
“Premises of a retail mercantile establishment” includes, but is not limited to, the retail mercantile establishment; any common use areas in shopping centers and all parking lots or areas set aside for the benefit of those patrons of the retail mercantile establishment.
“Retail mercantile establishment” means any place where merchandise is displayed, held or offered for sale to the public.
“Retail value” means the merchant’s stated or advertised price of the merchandise.
“Shopping cart” means those push carts of the types which are commonly provided by grocery stores, drug stores, or other mercantile establishments or markets for the use of the public in transporting commodities in stores and markets from the store to a place outside the store.
“Under-ring” means to cause the cash register or other sales recording device to reflect less than the retail value of the merchandise. [Code 1988 § 7-2-4.5].
Article III. Petit Larceny (Theft)
9.10.090 Petit larceny unlawful – Acts constituting.
It shall be unlawful for any person to commit petit larceny. A person commits petit larceny:
A. If he steals, takes, leads or drives away, obtains or otherwise exercises unauthorized control over any property of another with the purpose to deprive him thereof, and including but not limited to the acts of theft by deception, theft by extortion, theft of lost or mislaid or mistakenly delivered property, theft of property pursuant to a rental or repair agreement, or theft of services as set forth under Section 76-6-401 et seq., Utah Code Annotated 1953.
B. If he 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 any such property from the owner, knowing the property to be stolen, with a purpose to deprive the owner thereof.
C. The knowledge or belief required for subsection (B) of this section is presumed in the case of an actor who:
1. Is found in possession or control of other property stolen on a separate occasion; or
2. Has received other stolen property within the year preceding the receiving offense charges; or
3. Being a dealer in property of the sort received, retained, or disposed, acquires it for a consideration which he knows is far below its reasonable value. [Code 1988 § 7-2-5.1].
9.10.100 Possession of property constitutes presumption of guilt.
The possession of property recently stolen, when the party in possession fails to make a satisfactory explanation of such possession, shall be deemed prima facie evidence that the person in possession stole the property. [Code 1988 § 7-2-5.2].
9.10.110 Applicability of article.
The provisions of this article shall be applicable only when the value of the property stolen was $100.00 or less. Prosecution for theft of property having a value of more than $100.00 shall be pursued under the applicable provisions of the Utah Criminal Code. [Code 1988 § 7-2-5.3].
9.10.120 Definitions.
For the purpose of this article:
“Obtain” means, in relation to property, to bring about a transfer of possession or of some other legally recognized interest in property, whether to the obtainer or another; in relation to labor or services, to secure performance thereof; and in relation to a trade secret, to make any facsimile, replica, photograph, or other reproduction.
“Property” means anything of value, including real estate, tangible and intangible personal property, captured or domestic animals and birds, written instruments or other writings representing or embodying rights concerning real or personal property, labor, services, or otherwise containing anything of value to the owner, commodities of a public utility nature such as telecommunications, gas, electricity, steam, or water, and trade secrets, meaning the whole or any portion of any scientific or technical information, design, process, procedure, formula or invention which the owner thereof intends to be available only to persons selected by him.
“Purpose to deprive” means to have the conscious object:
1. To withhold property permanently or for so extended a period or to use under such circumstances that a substantial portion of its economic value, or of the use and benefit thereof, would be lost; or
2. To restore the property only upon payment of a reward or other compensation; or
3. To dispose of the property under circumstances that make it unlikely that the owner will recover it.
4. “Obtain or exercise unauthorized control” means, but is not limited to, conduct heretofore defined or known as common-law larceny by trespassory taking, larceny by conversion, larceny by bailee, and embezzlement. [Code 1988 § 7-2-5.4].