Degree

Depending on the facts, removal of a theft detection device can be charged as a class A misdemeanor or class B misdemeanor.

Elements

A defendant commits a class A misdemeanor removal of a theft detection device when they engage in one of the following::

• make or possess any container or device used for, or represented as having the purpose of shielding merchandise from any electronic or magnetic theft alarm sensor, with the intent to commit a theft of merchandise;
• sell, offer to sell, advertise, give, transport, or otherwise transport, or otherwise transfer to another any container or device intended for use for or represented as having the purpose of shielding merchandise from any electronic or magnetic theft alarm sensor;
• Possess any tool or instrument designed to remove any theft detection device from any merchandise, with the intent to use the tool or instrument to remove any theft detection device from any merchandise, without the permission of the merchant or the person owning or in possession of the merchandise
• or the value of the merchandise from which the theft detection device is removed is or exceeds $500.

A defendant commits a class B misdemeanor removal of a theft detection device when they engage in intentionally remove a theft detection device from merchandise prior to purchase and without permission of the merchant and the value of the merchandise form which the theft detection device is removed is less than $500.

Fine

Class A misdemeanor: A fine not to exceed $2,500, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(c), Utah Code Ann. §51-9-401)
Class B misdemeanor: A fine not to exceed $1,000, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(d), Utah Code Ann. §51-9-401)

Restitution

The court may order the accused to pay restitution if convicted of this crime.
(Utah Code Ann. §77-38a-301)

Imprisonment

Class A misdemeanor: A term in jail not to exceed 1 year.
(Utah Code Ann. §76-3-204(1))
Class B misdemeanor: A term in jail not to exceed 6 months.
(Utah Code Ann. §76-3-204(2))

DNA Specimen Analysis

A defendant convicted of a class A misdemeanor removal of a theft detection device must provide a DNA specimen.
(Utah Code Ann. §53-10-403(2))