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Theft & Fraud






Even for first-time offenders, theft and property crime allegations are serious charges.  For second and third offenses, penalties are far more severe. Theft, credit card fraud, shoplifting, and theft by deception are all crimes that can result in heavy fines and lengthy jail time.
If you are facing charges for violent crimes, it is vital to weigh all your legal options.  However, it will likely be most beneficial for you to seek counsel from an experienced defense attorney. 

Theft and Fraud Crime Overview

Aggravated Robbery- §76-6-302 a person is guilty of aggravated robbery if during the course of committing a robbery, he or she:

  • Uses or threatens to use a dangerous weapon;

  • Causes serious bodily injury  upon another; or

  • Takes or attempts to take an operable motor vehicle

Burglary-§76-6-202 a person can be found guilty of burglary if he or she enters or remains unlawfully in a building or any portion of a building with the intent to commit:

  • A felony; theft; an assault on any person; lewdness; sexual battery; lewdness involving a child; or voyeurism.

Forgery-§70A-5-109 a person commits fraud when he or she makes a presentation that appears to comply with terms and conditions of a letter of credit, but a required document is forged, materially fraudulent, or would facilitate the material fraud by the issuer if honored.

Identity Fraud- §76-6-1101 an actor is guilty of identity fraud when he or she intentionally uses or attempts to use another person’s personal information, whether alive or deceased, with fraudulent intent.

Retail Theft/Shoplifting- §76-6-602 this occurs when a person does any of the following:

  • Knowingly takes possession of any merchandise displayed for sale with intent to permanently possess said merchandise without paying retail value;

  • Alters or removes any label or price tag in a retail establishment and attempts to buy said merchandise for less than retail value;

  • Transfers any merchandise in a retail establishment to another container with the intent of depriving the merchant of the retail value of the merchandise; or

  • Under-rings with the intention of depriving the merchant of the retail value of the merchandise; or

  • 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.

Robbery-§76-6-301 a person is guilty of robbery when he or she illegally and purposefully takes or attempts to take personal property in the possession of another from his person, or immediate presence, against his will, by force, or fear, with intent to deprive the person of the property; or

If he or she intentionally or knowingly uses force or fear of immediate force against another in the course of committing a theft or wrongful appropriation


Utah Penalties for Theft and Fraud Crime

For the mentioned offenses, the lightest sentence carries a penalty of up to one year in jail and $2,500 in fines.  More serious offenses are punishable by up to 15 years imprisonment and $10,000 in fines.  However, these penalties are not exhaustive.   There is a wide range of penalties associated with crimes of theft and property.



Collateral Consequences of Theft and Fraud Crime Convictions

Regardless of the severity of the theft or property crime conviction, these types of convictions leave a very serious mark on a person’s record.  Crimes that have an element of deception, or which call a person’s honesty into question, carry a stigma that is hard to overcome.

When a person’s honesty has been called into question in a court of law, it becomes exceedingly difficult for a person to find gainful employment.  Some employers may choose to disqualify applicants whom they believe to be untrustworthy.

These types of crimes will impact a person’s life in all areas.


Theft and Fraud Crimes Resources in Utah

The Schulman Center-Support group for compulsive theft and shoplifting

Utah OIG- site to report fraudulent activities

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