4 Things to Know About Retail Theft in Utah

For many, cash has been tight this year and the holidays are upon us, so it’s not a huge surprise that shoplifting cases have surged this month. Most people know shoplifting as a form of retail theft, but there are a number of other shoplifting-related activities that could land you in hot water with a retail theft charge. Here are four things you should know about retail theft and the potential consequences associated with retail theft charges in Utah.

What qualifies as retail theft?

According to the Utah code for retail theft, the actions below qualify as crimes of retail theft. These bullets are summaries of the specific items in the code. You can visit the official code website for the full explanations.

• Taking possession of, concealing, or causing merchandise to be carried away from a retail establishment
• Altering, transferring, or removing any label or price tag as well as attempting to purchase merchandise with a label that the offender or another person altered
• Transferring merchandise from one display or container to another in an attempt to deprive the merchant of the retail value
• Under-ringing, which is defined as causing the cash register or other sales device to ring up a value for an item that is less than the correct retail value
• Removing a shopping cart with the intent to deprive a merchant of possession, use, or benefit of the cart

What are the criminal classifications associated with retail theft in Utah?

Retail theft crime charges range from class B misdemeanors to second-degree felonies. Generally, the determining factor for the charge is the amount of property or services that was stolen.

Class B Misdemeanor Theft

Theft of property or services valued at less than $500. This is the most common retail theft charge in Utah.

Class A Misdemeanor Theft

Theft of property or services valued between $500 and $1,500 is usually charged as a class A misdemeanor in Utah

Third-Degree Felony Theft‍

Theft of property or services valued between $1,500 and $5,000 is usually charged as a third-degree felony in Utah. Additionally, a third-degree felony charge may be issued if an offender has been convicted twice in the past ten years of any actual or attempted theft, robbery, fraud, or burglary with intent to commit theft.

Second-Degree Felony Theft

Theft of property or services valued at more than $5,000 is usually charged as a second-degree felony in Utah. Additionally, theft of items like a firearm or vehicle, regardless of the total value, is often classified as a second-degree felony in Utah. The same is true for any theft committed while the offender is armed with a weapon.

What are the penalties for retail theft in Utah?

As with most crimes, the penalties for retail theft are listed according to maximums. A judge will determine exactly what an offender’s penalty will be. Below are the basic punishments associated with the classifications of crimes listed in the previous section.

• Class B misdemeanor theft in Utah: Imprisonment for a term of no more than six months and a fine of no more than $1,000
• Class A misdemeanor theft in Utah: Imprisonment for a term of no more than one year and a fine of no more than $2,500
• Third-degree felony theft in Utah: Imprisonment for a term of no more than five years and a fine of no more than $5,000
• Second-degree felony theft in Utah: Imprisonment for a term of no more than 15 years and a fine of no more than $10,000

Do I need a lawyer to represent my retail theft case?

No matter what you have been charged with, you deserve to have your rights protected. A free consultation with the criminal lawyers at Brown, Bradshaw & Moffat will help you determine the best course of action for your case. Our defense team has handled retail theft cases for decades, and we help clients charged with both misdemeanor and felony theft cases in Salt Lake County and many other counties throughout Utah.

Tell us about your case