Retail theft, commonly referred to as shoplifting, is taken seriously under Utah law. Even a seemingly minor incident can result in criminal charges, a criminal record, and significant penalties.
Retail Theft Under Utah Law
Under Utah Code § 76-6-602, a person commits retail theft if they knowingly engage in certain conduct involving retail merchandise with the intent to deprive the merchant of possession, use, or benefit of the merchandise without paying the full retail value.
The statute outlines multiple ways retail theft can occur.
Utah Code § 76-6-602 – Acts of Retail Theft
A person may be charged with retail theft if they commit any of the following acts with the intent described above:
- Take possession of, carry away, transfer, or cause merchandise to be carried away
- Conceal merchandise
- Alter, transfer, or remove a label, price tag, or marking
- Transfer merchandise from one container to another
- Under-ring merchandise or cause merchandise to be under-ringed at checkout
- Remove a shopping cart from the premises without authorization
Retail Theft of Shopping Carts
Utah law specifically addresses shopping carts. A person commits retail theft if they remove a shopping cart from a retail establishment without permission, or possess a shopping cart with the intent to permanently deprive the merchant of it.
This subsection allows for charges even when no merchandise is involved.
Charges and Penalties
Retail theft charges are mainly classified based on the value of the merchandise. The more valuable the items stolen, the more severe the charges. Prior convictions for theft, burglary, or related offenses can also create grounds for enhancement.
Shoplifting as a Felony Offense
Second Degree Felony
- The value of the merchandise is $5,000 or more; or
- The property taken is a firearm
Third Degree Felony
- The value of the merchandise is $1,500 or more but less than $5,000
- The offense involves certain specified property; or
- The person has qualifying prior convictions (enhanced based on priors)
Misdemeanor Retail Theft
Retail theft may be charged as a misdemeanor when the value is lower than $1,500.
Class A misdemeanor
- The value of merchandise is $500 or more but less than $1,500
- May also apply in certain repeat-offense situations
Class B misdemeanor
- The value of merchandise is less than $500
Suspected of Shoplifting – Detained by Store Employees
Utah Code § 76-6-603 permits a merchant, or their employee, to detain a person if there is reasonable cause to believe the person has committed retail theft. This is sometimes called “shopkeepers privilege.”
The detention must be conducted in a reasonable manner and for a reasonable period of time for the purpose of investigation or recovery of merchandise.
Speak With a Utah Criminal Defense Attorney
Utah Code § 76-6-602 is a broad statute that covers a wide range of conduct. The exact facts of a case can significantly impact how a charge is filed and prosecuted. Good legal advice from an experienced attorney is your best next step.
If you are facing a retail theft charge in Utah, it is important to understand how the law applies to your situation and what penalties you may be facing. Our criminal defense team can evaluate the allegations, explain your options, and help you navigate the legal process.