Degree

Depending on the facts, theft by extortion can be charged as a 2^nd degree felony, 3^rd degree felony, class A misdemeanor or class B misdemeanor.

Elements

A defendant commits a 2^nd degree felony theft by extortion when they obtain or exercise unauthorized control over the property of another by extortion and with the purpose to deprive them thereof and

• the value of the property or services stolen is or exceeds $5,000;
• property stolen is a firearm or an operable motor vehicle;
• the defendant was armed with a dangerous weapon at the time of the theft;
• or the property is stolen from the person of another.

A defendant commits a 3^rd degree felony theft by extortion when they obtain or exercise unauthorized control over the property of another by extortion and with the purpose to deprive them thereof and

• the value of the property or services stolen exceeds $1,500 but is less than $5,000;
• the defendant has been twice before convicted of: attempted theft; theft; any robbery; any attempted robbery; any burglary with intent to commit theft; any attempted burglary with intent to commit theft; any offense under Utah Code 76-6 5, Fraud; or any attempt to commit an offense under Utah Code 76-6-5, Fraud.

A defendant commits a 3^rd degree felony theft by extortion when they obtain or exercise unauthorized control over the property of another by extortion with the purpose to deprive them thereof and, in a case not amounting to a 2^nd degree felony, the property taken is a stallion, mare, colt, gelding, cow, heifer, steer, ox, bull, calf, sheep, goat, mule, jack, jenny, swine, poultry, or a fur-bearing animal raised for commercial purposes.
(Note, any defendant convicted of under this section is civilly liable for 3 times the amount of actual damages, if any sustained by the plaintiff, and for costs of suit and reasonable attorney fees.

A defendant commits a class A misdemeanor theft by extortion when they obtain or exercise unauthorized control over the property of another by extortion with the purpose to deprive them thereof and the value of the property or services stolen is or exceeds $500 but is less than $1,500.

A defendant commits a class B misdemeanor theft by extortion when they obtain or exercise unauthorized control over the property of another by extortion with the purpose to deprive them thereof and the value of the property or services stolen is less than $500.

Fine

2^nd degree felony: A fine not to exceed $10,000, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(a), Utah Code Ann. §51-9-401)
3^rd degree felony: A fine not to exceed $5,000, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(a)(b), Utah Code Ann. §51-9-401)
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

2^nd degree felony: A term of imprisonment not less than 1 year nor more than 15 years.
(Utah Code Ann. §76-3-203(2))
3^rd degree felony: A term of imprisonment not to exceed 5 years.
(Utah Code Ann. §76-3-203(3))
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, 2^nd or 3^rd degree felony theft by extortion must provide a DNA specimen.
(Utah Code Ann. §53-10-403(2))

Firearms

A defendant convicted of a 2^nd or 3^rd degree felony theft by extortion may not posses, use or have control of a firearm or ammunition for life.
(Utah Code Ann. §76-10-503, 18 U.S.C. §921-930)