Degree

Depending on the facts, wrongful appropriation can be charged as a 3^rd degree felony, class A misdemeanor, class B misdemeanor or class C misdemeanor.
(Note, wrongful appropriation is a lesser included offense of the offense of theft.)

Elements

A defendant commits a 3^rd degree felony wrongful appropriation when they obtain or exercise unauthorized control over the property of another, without the consent of the owner or legal custodian and with the intent to temporarily appropriate, posses, or use the property or to temporarily deprive the owner of legal custodian of possession of the property and

• the value of the property or services appropriated is or exceeds $5,000;
• property appropriated 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 appropriated from the person of another.

A defendant commits a class A misdemeanor wrongful appropriation when they obtain or exercise unauthorized control over the property of another, without the consent of the owner or legal custodian and with the intent to temporarily appropriate, posses, or use the property or to temporarily deprive the owner or legal custodian of possession of the property and

• the value of the property or services 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 wrongful appropriation when they obtain or exercise unauthorized control over the property of another, without the consent of the owner or legal custodian and with the intent to temporarily appropriate, posses, or use the property or temporarily deprive the owner or legal custodian of possession of the property thereof and, in a case not amounting to a 3^rd 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 B misdemeanor wrongful appropriation when they obtain or exercise unauthorized control over the property of another, without the consent of the owner or legal custodian and with intent to temporarily appropriate, possess, or use the property or to temporarily deprive the owner or legal custodian of possession of the property and the value of the property or services is or exceeds $500 but is less than $1,500.

A defendant commits a class C misdemeanor wrongful appropriation when they obtain or exercise unauthorized control over the property of another, without the consent of the owner or legal custodian and with intent to temporarily appropriate, possess, or use the property or to temporarily deprive the owner or legal custodian of possession of the property and value of the property or services stolen is less than $500.

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Fine

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)
Class C misdemeanor: A fine not to exceed $750, plus a 35% surcharge.
(Utah Code Ann. §76-3-301(1)(e), 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

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))
Class C misdemeanor: A term in jail not to exceed 90 days.
(Utah Code Ann. §76-3-204(3))

DNA Specimen Analysis

A defendant convicted of a class A misdemeanor or 3^rd degree felony wrongful appropriation must provide a DNA specimen.
(Utah Code Ann. §53-10-403(2))

Firearms

A defendant convicted of a 3^rd degree felony wrongful appropriation 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)