A store loss prevention officer stopped you on the way out. A police officer showed up at work after an employer's audit. A neighbor accused you of taking something from their garage. A late-night entry that turned into a property crime allegation. Theft, retail theft, and burglary cover a wide range of conduct in Utah, and the same incident can be charged as a class B misdemeanor or as a second degree felony depending on the alleged value, prior history, and the specific theory the State files under.
This page explains how Utah grades theft and related property offenses, the consequences a conviction carries beyond the courtroom, and what to do in the first 48 hours. It does not promise outcomes. Every case turns on its own facts and on what the State can prove.
Do not talk to the police. Many people have the impulse, and are often encouraged by police, to talk and explain themselves. Do not. Anything you say will be used against you in court. Do not make any statements to the police, to detectives, or to anyone else about the allegation. Your consultations with a Utah criminal defense attorney are confidential. See also the firm's article on why you should not talk to the police.
How Utah Grades Theft Charges
Utah's general theft statute is at Utah Code § 76-6-404. The level of the offense is set by the value of the property taken, with additional grading for specific property types and for prior theft convictions. Generally, theft of property valued at less than $500 is a class B misdemeanor, theft of $500 to under $1,500 is a class A misdemeanor, $1,500 to under $5,000 is a third degree felony, and $5,000 or more is a second degree felony. Specific items such as firearms or motor vehicles carry their own grading.
Receiving or possessing stolen property is a separate offense at Utah Code § 76-6-408 and is graded the same way as the underlying theft. Theft by deception, theft by extortion, and theft of services each have their own sections under Utah Code §§ 76-6-405, 76-6-406, and 76-6-409.
Retail theft, often called shoplifting, has its own section at Utah Code § 76-6-602. It covers concealing merchandise, altering price tags, removing merchandise from the store, and transferring it between containers with the intent to deprive the merchant of payment.
Burglary is a separate offense, not a theft offense. Under Utah Code § 76-6-202, an actor commits burglary by entering or remaining unlawfully in a building or part of a building with the intent to commit a felony, a theft, an assault, or specified other offenses. Burglary of a dwelling is graded higher than burglary of a non-dwelling structure. Aggravated burglary, at § 76-6-203, is a first degree felony when a dangerous weapon is used or threatened or when bodily injury occurs.
Why a Theft Charge Has Long-Term Consequences
Crime of dishonesty. Theft and most theft-related offenses are characterized as crimes of dishonesty. Under Utah Rule of Evidence 609 and its federal counterpart, a theft conviction may be used to impeach a witness in future cases, including in any future legal matter you are involved in.
Restitution. A conviction or plea generally requires restitution to the alleged victim. Restitution can include the full value of the property, expenses incurred, and in some cases additional amounts authorized by statute.
Civil exposure. Retailers and individual victims can bring separate civil actions. Utah Code § 78B-3-110 allows merchants to recover statutory civil damages for retail theft in addition to any criminal restitution.
Employment and licensing. Employers routinely run background checks. Theft convictions create particular problems for jobs involving money handling, inventory, professional licenses, and any position of trust. Healthcare, education, real estate, financial services, and security licenses each treat theft convictions as significant.
Immigration. For non-citizens, theft offenses are commonly classified as crimes involving moral turpitude under federal immigration law. The specific consequences depend on the charge, the sentence, and the person's status. Anyone who is not a U.S. citizen should have any plea offer reviewed by counsel with immigration expertise before it is accepted.
Federal background checks. Theft convictions appear on FBI background checks used by federal employers, security clearance investigations, and gun purchase background checks.
What to Do in the First 48 Hours
1. Stop talking to anyone about the incident, except an attorney. Loss prevention officers, store managers, security guards, employers, and police are all gathering evidence to support a charge. Statements feel cooperative in the moment and become the central evidence in trial.
2. Do not sign any documents at the store or police station. Civil demand letters, restitution agreements, no-trespass forms, and waivers can affect both the criminal case and any later civil suit. Sign nothing without legal review.
3. Do not contact the alleged victim or the merchant. Calls, emails, social media, and attempts to apologize or to pay can be used as admissions or as evidence of consciousness of guilt.
4. Preserve everything potentially relevant. Receipts, bank and card statements, video, location data, and witness names. Hand this to your lawyer, not to investigators.
5. Call a defense lawyer. Pre-charge representation can affect whether the case is filed, what level it is filed at, and whether diversion or a plea in abeyance is available.
Why an Attorney Matters in Theft and Property Cases
Theft cases turn on intent, on accurate valuation of the property, on chain of custody for any recovered items, and on the procedure used when statements were taken. Value can be contested. Intent can be contested. The grading of the offense can shift between classes of misdemeanor and degrees of felony based on these issues. Diversion programs and pleas in abeyance under Utah Code § 77-2a-1 et seq. are available in some courts and for some charges, and the eligibility decision happens early in the case.
Jim handles theft, retail theft, and burglary cases as part of a Utah criminal defense practice that covers felonies, misdemeanors, and the full range of related civil exposures. Cases are taken on a fee structure determined at the initial consultation based on the charges, the procedural stage, and the projected scope of work. Consultations are confidential and do not create an attorney client relationship. The point of the consultation is to give you an honest assessment of the case and what to do next, not to pressure you to retain.
Charged with Theft or Burglary in Utah?
The first conversation is confidential and free. Call before signing anything or making any further statements.
(801) 641-0883 Send a MessageReference: Utah Theft and Burglary Statutes
For readers who want the statutory list, the principal Utah theft and property offenses are summarized below. This is a summary, not an exhaustive list. For every section and the current statutory text, see the Utah Code on the Utah Legislature's website at le.utah.gov, Title 76 Chapter 6.
Theft. Utah Code § 76-6-404. The general theft statute. Penalty grading depends on value and on specific property types.
Theft by deception. Utah Code § 76-6-405. Obtaining property by deception about a past or present fact.
Theft by extortion. Utah Code § 76-6-406. Obtaining property by threat of harm or other coercive conduct.
Theft of services. Utah Code § 76-6-409. Obtaining services known to require payment without payment.
Receiving stolen property. Utah Code § 76-6-408. Receiving, retaining, or disposing of stolen property knowing or believing it was stolen.
Retail theft. Utah Code § 76-6-602. Concealment, alteration of tags, transfer between containers, or removal of merchandise with intent to deprive the merchant.
Burglary. Utah Code § 76-6-202. Unlawful entry or remaining with intent to commit a felony, theft, assault, or specified other offenses.
Aggravated burglary. Utah Code § 76-6-203. Burglary with use or threat of a dangerous weapon, or with bodily injury. First degree felony.
Burglary of a vehicle. Utah Code § 76-6-204. Unlawful entry into a vehicle with intent to commit a felony or theft.
The list above does not capture every theft or property offense in Utah. Specific theft offenses for utility services, motor vehicle parts, livestock, and other categories are separately codified. An attorney needs to identify the precise section the State has filed under, because the elements, available defenses, and sentencing range all turn on the specific statute charged.
This article is for general informational purposes and does not constitute legal advice. Reading this page does not create an attorney client relationship with Tily Law LLC. Utah Code sections cited are current as of publication and should be verified for any specific case. Prior results do not guarantee a similar outcome.