Degree

Depending on the facts, theft of services 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 services when they obtain services which they know are available only for compensation by deception, threat, force, or any other means designed to avoid the due payment for them and

• the value of the 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 services when they obtain services which they know are available only for compensation by deception, threat, force, or any other means designed to avoid the due payment for them and

• the value of the 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 services when they obtain services which they know are available only for compensation by deception, threat, force, or any other means designed to avoid the due payment for them and the value of the services stolen is or exceeds $500 but is less than $1,500.

A defendant commits a class B misdemeanor theft of services when they obtain services which they know are available only for compensation by deception, threat, force, or any other means designed to avoid the due payment for them and the value of the 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 of services 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 services 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)