Degree

Depending on the facts, theft of motor vehicle fuel 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 motor vehicle fuel when they cause a motor vehicle to leave any premises where motor vehicle fuel is offered for retail sale when

• motor fuel has been dispensed into: the fuel tank of the motor vehicle, or any other container that is then removed from the premises by the means of the motor vehicle;
• and the defendant commits the act with the intent to deprive the owner or operator of the premises of the motor fuel without making full payment
• and the value of the property or services stolen is or exceeds $5,000;
• or the defendant was armed with a dangerous weapon at the time of the theft.

A defendant commits a 3^rd degree felony theft of motor vehicle fuel when they cause a motor vehicle to leave any premises where motor vehicle fuel is offered for retail sale when

• motor fuel has been dispensed into: the fuel tank of the motor vehicle, or any other container that is then removed from the premises by the means of the motor vehicle;
• and the defendant commits the act with the intent to deprive the owner or operator of the premises of the motor fuel without making full payment 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 class A misdemeanor theft of motor fuel when they cause a motor vehicle to leave any premises where motor vehicle fuel is offered for retail sale when

• motor fuel has been dispensed into: the fuel tank of the motor vehicle, or any other container that is then removed from the premises by the means of the motor vehicle;
• and the defendant commits the act with the intent to deprive the owner or operator of the premises of the motor fuel without making full payment
• and the value of the property or service stolen is or exceeds $500 but is less than $1,500.

A defendant commits a class B misdemeanor theft of motor fuel when they cause a motor vehicle to leave any premises where motor vehicle fuel is offered for retail sale when

• motor fuel has been dispensed into: the fuel tank of the motor vehicle, or any other container that is then removed from the premises by the means of the motor vehicle;
• and the defendant commits the act with the intent to deprive the owner or operator of the premises of the motor fuel without making full payment
• and the value of the property or service 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 of motor vehicle fuel 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 motor vehicle fuel 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)