Degree

Depending on the facts, theft of lost, mislaid, or mistakenly delivered property 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 of lost, mislaid, or mistakenly delivered property when they:

• obtain property of another which defendant knows to have been lost or mislaid, or to have been delivered under a mistake as to the identity of the recipient or as to the nature of amount of the property, without taking reasonable measures to return it to the owner; and
• Defendant has the purpose to deprive the owner of the property when he obtains the property or at any time prior to taking the measures designated above, and the value of the property or services stolen is or exceeds $5,000.

A defendant commits a 3^nd degree felony theft of lost, mislaid, or mistakenly delivered property when they:

• obtain property of another which defendant knows to have been lost or mislaid, or to have been delivered under a mistake as to the identity of the recipient or as to the nature of amount of the property, without taking reasonable measures to return it to the owner; and
• Defendant has the purpose to deprive the owner of the property when he obtains the property or at any time prior to taking the measures designated above and the value of the property or services stolen exceeds $1,500 but is less than $5,000 or;
• 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^nd degree felony theft of lost, mislaid, or mistakenly delivered property when they:

• obtain property of another which defendant knows to have been lost or mislaid, or to have been delivered under a mistake as to the identity of the recipient or as to the nature of amount of the property, without taking reasonable measures to return it to the owner; and
• Defendant has the purpose to deprive the owner of the property when he obtains the property or at any time prior to taking the measures designated above 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 of lost, mislaid, or mistakenly delivered property when they:

• obtain property of another which defendant knows to have been lost or mislaid, or to have been delivered under a mistake as to the identity of the recipient or as to the nature of amount of the property, without taking reasonable measures to return it to the owner; and
• Defendant has the purpose to deprive the owner of the property when he obtains the property or at any time prior to taking the measures designated above 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 of lost, mislaid, or mistakenly delivered property when they:

• obtain property of another which defendant knows to have been lost or mislaid, or to have been delivered under a mistake as to the identity of the recipient or as to the nature of amount of the property, without taking reasonable measures to return it to the owner; and
• Defendant has the purpose to deprive the owner of the property when he obtains the property or at any time prior to taking the measures designated above and, the value of the property or services stolen is less than $500.

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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 of lost, mislaid, or mistakenly delivered property 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 of lost, mislaid, or mistakenly delivered property 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)