SB 125 — Theft Amendments

SB0125S01Enrolled comparedCopy withS.B. SB0125 {Omitted text} shows text that was in SB0125 but was omitted in SB0125S01 inserted text shows text that was not in SB0125 but was inserted into SB0125S01 DISCLAIMER:

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Theft {of Service } Amendments GENERAL SESSION STATE OF UTAH Chief Sponsor:

3Ryan LONGD. TITLE General Description:

ThisWilcox bill3 addressesLONG {theTITLE offenseGeneral ofDescription: } offenses related to theft {of service} .

This bill addresses offenses related to theft.

{and} ▸ makes a technical correction in the offense of retail theft clarifying, in certain circumstances, when the offense applies;

None S B Utah Code Sections Affected:

1 AMENDS:

276-6-409, SB0125 compared with SB0125S01 76-6-409 , as last amended by Laws of Utah 2025, Chapter 178 76-6-60276-6-602, , as last amended by Laws of Utah 2025, Chapter 434 Be it enacted by the Legislature of the state of Utah:

76-6-409.76-6-409 .

(1)(1)(a) (a) As used in this section, "service" includes:

(i) labor, professional service, a public utility or transportation service, restaurant, hotel, motel, tourist cabin, rooming house, and like accommodations, the supplyingS.B. of equipment, a tool, a vehicle, or a trailer for temporary use, telegraph service, steam, admission to entertainment, an exhibition, a sporting event, or other event for which a charge is made;

125 Enrolled Copy supplying of equipment, a tool, a vehicle, or a trailer for temporary use, telegraph service, steam, admission to entertainment, an exhibition, a sporting event, or other event for which a charge is made;

and (ii)(ii)(A) (A) diverts the other person's service to the benefit of the actor, knowing that the actor is not entitled to the service;

- 2 - SB0125 compared with SB0125S01 (ii) the value of the service is or exceeds $500 and the actor has been twice before convicted of any of the following offenses, if each prior offense was committed within 10 years before the date of the current conviction or the date of the offense upon which the current conviction is based and at least one of those convictions is for a class A misdemeanor:

(iii)- (A)2 the- valueEnrolled ofCopy theS.B. service is or exceeds $500 but is less than $1,500;

125 (iii)(A) the value of the service is or exceeds $500 but is less than $1,500;

or (iv)(iv)(A) (A) the service is a service other than a public transportation service;

(ii)(ii)(A) (A) the value of the service is less than $500;

or (iii) the actor has been twice before convicted of any of the offenses listed in Subsections (3)(b)(ii)(3)(b)(ii)(A) (A) through (D), if each prior offense was committed within 10 years before the date of the current conviction or the date of the offense upon which the current conviction is based;

or - 3 - SB0125 compared with SB0125S01 (d) except as provided in Subsection (3)(a), (b), or (c), a class B misdemeanor if the value of the service is less than $500[ and the theft is not an offense under Subsection (3)(c)].

76-6-602.76-6-602 .

(b)- (i)3 alters,- transfers,S.B. 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;

125 Enrolled Copy (b)(i) 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;

- 4 - SB0125 compared with SB0125S01 (ii) the retail value of the merchandise or shopping cart is or exceeds $500 and the actor has been twice before convicted of any of the following offenses, if each prior offense was committed within 10 years before the date of the current conviction or the date of the offense upon which the current conviction is based and at least one of those convictions is for a class A misdemeanor:

(iii)(iii)(A) (A) the retail value of merchandise or shopping cart is or exceeds $500 but is less than $1,500;

(B)- the4 theft- occursEnrolled inCopy aS.B. retail mercantile establishment or on the premises of a retail mercantile establishment where the offender has committed any theft within the past five years;

125 (B) the theft occurs in a retail mercantile establishment or on the premises of a retail mercantile establishment where the offender has committed any theft within the past five years;

(ii)(ii)(A) (A) the retail value of merchandise or shopping cart is less than $500;

or (iii) the actor has been twice before convicted of any of the offenses listed in Subsections (3)(b)(ii)(3)(b)(ii)(A) (A) through (D), if each prior offense was committed within 10 years before the date of the current conviction or the date of the offense upon which the current conviction is based;

or - 5 - SB0125 compared with SB0125S01 (d) a class B misdemeanor if the retail value of the merchandise or shopping cart stolen is less than $500 and the theft is not an offense under Subsection (3)(c).

(4)(4)(a) (a) A court shall impose the mandatory jail sentence described in Subsection (4)(b), and may not suspend any portion of the jail sentence or grant early release, if:

(ii)(ii)(A) (A) the violation is the actor's second or subsequent conviction for any level of offense under this section;