Utah Theft Laws: $1,500 Felony Line, Retail Theft and Penalties

In Utah, theft becomes a felony when the value of the property "is or exceeds $1,500" (Utah Code 76-6-404(3)(b)(i)), so property worth exactly $1,500 is a third degree felony. Below that line, theft is a class A misdemeanor from $500 and a class B misdemeanor under $500, but prior convictions and returning to a store that has banned someone can raise the grade. Shoplifting is charged as retail theft under 76-6-602, which uses the same dollar lines. For other states, see our guide to theft laws by state.

Information last verified on 2026-10-13. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Utah state theft law in Title 76, Chapter 6 of the Utah Code (Part 4, Theft; Part 6, Retail Theft; and the library theft and mail theft sections), the sentencing sections 76-3-203, 76-3-203.1, 76-3-203.14, 76-3-204 and 76-3-301, financial exploitation of a vulnerable adult (76-5-111.4), the motor vehicle offenses in 41-1a-1314 and 41-1a-1316, and the merchant's civil remedy in 78B-3-108. It does not cover federal theft offenses, city or county ordinances, or identity theft and fraud schemes, which have their own pages linked below.

What counts as theft in Utah

Utah uses a single, consolidated theft offense. Under Utah Code 76-6-403, "Conduct denominated theft in this part constitutes a single offense embracing the separate offenses such as those heretofore known as larceny, larceny by trick, larceny by bailees, embezzlement, false pretense, extortion, blackmail, receiving stolen property." The basic offense is in 76-6-404(2):

"An actor commits theft if the actor obtains or exercises unauthorized control over another person's property with a purpose to deprive the person of the person's property."

"Purpose to deprive" means the conscious object to withhold property "permanently or for so extended a period or to use under such circumstances that a substantial portion of its economic value, or of the use and benefit thereof, would be lost," to return it only for a reward, or to dispose of it so that the owner is unlikely to recover it (76-6-401(6)). "Property" means "anything of value," including real estate, personal property, animals, written instruments, services, utility commodities and trade secrets (76-6-401(5)).

Section 76-6-402 sets a presumption and defenses for the theft part. "Possession of property recently stolen, when no satisfactory explanation of such possession is made, shall be deemed prima facie evidence that the person in possession stole the property." It is a defense that the person "acted under an honest claim of right to the property or service involved," acted in the honest belief of a right to control it in that manner, or took it "honestly believing that the owner, if present, would have consented."

Utah's current Chapter 6 places each offense's grading inside that offense's own section. The chapter has no Section 76-6-412, so older materials that grade theft under 76-6-412 describe a section that is not in the current code.

Utah theft penalties by value

The value tiers come from 76-6-404(3). The prison terms come from 76-3-203 (felonies, which are indeterminate terms) and 76-3-204 (misdemeanors), and the fines from 76-3-301(1).

The grading uses "is or exceeds," so a value exactly at a line falls in the higher tier. Section 76-3-301(1)(f) also allows "any greater amounts specifically authorized by statute."

These are the ordinary statutory ranges. General enhancement sections can raise them. Under 76-3-203.14, if a defendant "intentionally selects" the victim or the property because of a belief or perception about a "personal attribute" such as age, disability, race, religion or homelessness, a class B misdemeanor becomes a class A misdemeanor, a class A misdemeanor becomes a third degree felony, and the felony minimums rise (for a third degree felony, "not less than one year nor more than five years").

Under 76-3-203.1, an offense "described in Chapter 6, Part 4, Theft" or "described in Chapter 6, Part 6, Retail Theft" (76-3-203.1(7)(c)-(d)) may be charged one grade higher (a class B misdemeanor as a class A misdemeanor, a class A misdemeanor as a third degree felony, a third degree felony as a second degree felony, and a second degree felony as a first degree felony) if the trier of fact finds beyond a reasonable doubt that the actor:

• "acted in concert with two or more individuals" and either "traveled more than 50 miles from the actor's principal place of residence for the purpose of the actor committing an offense listed in Subsection (7)" or "had previously been convicted of an offense listed in Subsection (7), or an offense in another jurisdiction, including a state, federal, or military court, that is substantially equivalent";
• "acted for the benefit of, at the direction of, or in association with a criminal street gang or other organized criminal group"; or
• "acted to gain recognition, acceptance, membership, or increased status with a criminal street gang or other organized criminal group" (76-3-203.1(3), (5)).

The prosecutor must give notice of the enhancement in the information or indictment (76-3-203.1(4)). A version of 76-3-203.1 amended by Chapter 445 of the 2026 General Session takes effect January 1, 2027; it keeps these theft and retail theft triggers and grade steps unchanged.

Separately, financial exploitation of a vulnerable adult under 76-5-111.4 is graded outside the theft chapter: "a second degree felony if done intentionally or knowingly and the aggregate value of the resources used or the profit made is or exceeds $5,000," and a third degree felony if done intentionally or knowingly and the value "is less than $5,000 or cannot be determined" (76-5-111.4(3)).

Repeat offenses and store bans

Utah's theft section has three escalation rules built in. Each lists qualifying prior offenses as "any theft, any robbery, or any burglary with intent to commit theft," "any offense under Part 5, Fraud," attempts to commit those offenses, and substantially equivalent offenses in another jurisdiction, including a state, federal or military court (76-6-404(3)(b)(ii)).

The 10-year window runs back from "the date of the current conviction or the date of the offense upon which the current conviction is based." The store-ban rules require all three conditions together.

Section 76-6-404(4) also sets mandatory jail terms of 360 days for a felony or class A misdemeanor, 180 days for a class B misdemeanor and 90 days for a class C misdemeanor, with no suspension or early release. That rule applies only when every listed condition is met, including that "the actor previously has been convicted of reentry of a removed alien under 8 U.S.C. Sec. 1326," in addition to a prior theft conviction under the section or an equivalent offense elsewhere.

Shoplifting (retail theft) in Utah

Utah charges shoplifting as retail theft under 76-6-602. An actor commits retail theft by knowingly doing any of these in a retail mercantile establishment:

• taking possession of, concealing, carrying away or transferring merchandise "with the intention of: (i) retaining the merchandise without paying the retail value of the merchandise; or (ii) depriving the merchant permanently of the possession, use or benefit of such merchandise without paying the retail value of the merchandise";
• altering, transferring or removing a label or price tag and attempting to buy the item "at less than the retail value with the intention of depriving the merchant of the retail value of the merchandise";
• moving merchandise from its display container to another container with that intention;
• under-ringing (causing the register to show less than the retail value) with that intention; or
• removing a shopping cart from the premises "with the intent of depriving the merchant of the possession, use, or benefit of the shopping cart."

"Retail value" means "the merchant's stated or advertised price of the merchandise" (76-6-601(7)). Retail theft follows the same ladder as general theft: under $500 is a class B misdemeanor, $500 to under $1,500 a class A misdemeanor, $1,500 to under $5,000 a third degree felony, and $5,000 or more, a firearm or an operable motor vehicle a second degree felony (76-6-602(3)). The same prior-conviction and store-ban escalations apply, and the store-ban rule covers a theft "in a retail mercantile establishment or on the premises" where the offender committed a theft within the past five years.

Removing or defeating store security is a separate offense. Under 76-6-608, making or possessing a device to shield merchandise from a theft alarm "with the intent to commit a theft of merchandise," selling such a device, or possessing a tool designed to remove theft detection devices with intent to use it without permission is a class A misdemeanor. Intentionally removing a theft detection device from merchandise before purchase is a class B misdemeanor under $500 and a class A misdemeanor at $500 or more. These violations are "a separate offense from any offense listed in Part 4, Theft, or Part 6, Retail Theft" (76-6-608(4)).

Merchant detention

Under 76-6-603(1), "Any merchant who has probable cause to believe that a person has committed retail theft may detain such person, on or off the premises of a retail mercantile establishment, in a reasonable manner and for a reasonable length of time" to make reasonable inquiry about unpurchased merchandise, request and verify identification, ask that merchandise be kept in full view, inform a peace officer and surrender the person, or, for a minor, notify a peace officer or the parents. A detention off the premises is allowed "only if such detention is pursuant to an immediate pursuit of such person" (76-6-603(2)).

In a later lawsuit by the detained person for false arrest, false imprisonment, defamation or similar claims, "it shall be a defense to such action that the merchant detaining such person had probable cause to believe that the person had committed retail theft and that the merchant acted reasonably under all circumstances" (76-6-604). Section 78B-3-108(3) separately protects a merchant and the merchant's employee from liability "unless the custody and detention are unreasonable under all the circumstances."

Can a store demand money after shoplifting in Utah?

Utah Code 78B-3-108 creates a civil claim against a person who commits theft, robbery, burglary with intent to commit theft, a Part 5 fraud offense, or an attempt to commit one of those offenses:

• Adults: liable for "(a) actual damages; (b) a penalty to the merchant in the amount of the retail price of the merchandise not to exceed $1,000; and (c) an additional penalty as determined by the court of not less than $100 nor more than $500, plus court costs and reasonable attorney fees" (78B-3-108(5)).
• Minors and parents: a minor and the minor's parents or legal guardian are "jointly and severally liable" for actual damages, a penalty equal to the retail price up to $500, an added penalty of $50 to $500, and court costs and reasonable attorney fees (78B-3-108(6)). A parent or guardian is not liable if the parent "made a reasonable effort to restrain the wrongful taking and reported it" to the merchant or police once the parent knew of the minor's act (78B-3-108(7)).
• No conviction required: a criminal conviction "is not a condition precedent" to the civil action (78B-3-108(8)).
• Required notice: a merchant demanding a penalty must send written notice stating, in type at least as large as the demand: "IMPORTANT NOTICE: The payment of any penalty demanded of you does not prevent criminal prosecution under a related criminal provision." (78B-3-108(9)).
• No-entry notices: a merchant may prohibit a person who has committed one of the listed offenses from reentering the premises where it occurred, by written notice delivered personally, by registered or certified mail, by leaving a copy and mailing one, or by posting a copy at the person's residence or place of business (78B-3-108(4)). That notice is what triggers the store-ban escalations in the theft and retail theft sections.

The statute sets what a merchant can recover; it does not decide whether a particular demand is valid. A lawyer licensed in Utah can advise on a specific demand letter.

Other theft offenses with their own grades

Part 4 of Chapter 6 (Theft) and the library and mail theft parts contain other offenses with their own grades, and the motor vehicle code (Title 41, Chapter 1a) grades two vehicle offenses of its own:

Recent changes

• 2026: the retail theft section (76-6-602) and the theft of service section (76-6-409) were amended by Chapter 261 of the 2026 General Session.
• 2025: Chapter 434 of the 2025 General Session amended the general theft section (76-6-404) and the merchant's civil remedy (78B-3-108), and enacted the metal or catalytic converter theft section (76-6-415). Chapter 178 of the 2025 General Session amended the unauthorized possession, fuel theft, receiving stolen property, custodian theft and shielding device sections.

Related legal issues

• Fraud offenses in Part 5 count as prior offenses for Utah's theft escalations; fraud schemes are covered in our guide to Utah scam and fraud laws.
• Identity fraud is covered in Utah identity theft laws.
• Whether a theft record can be expunged is covered in Utah expungement laws.

Federal theft offenses are covered on the theft laws by state hub.

Related

• Theft laws by state
• Utah scam and fraud laws
• Utah identity theft laws
• Utah expungement laws

This article provides general legal information about Utah theft law, not legal advice. Statutes change and their application depends on the facts. For advice about a specific situation, contact a lawyer licensed in Utah.

Last updated: 2026-10-13.

Frequently Asked Questions

What is the felony theft threshold in Utah?

Theft is a third degree felony when the value of the property is or exceeds $1,500 but is less than $5,000 (Utah Code 76-6-404(3)(b)(i)), punishable by up to 5 years and a fine up to $5,000. At $5,000 or more it is a second degree felony.

Is stealing $1,500 a felony in Utah?

Yes. The statute uses the words is or exceeds $1,500, so property worth exactly $1,500 is a third degree felony.

What is the penalty for petty theft in Utah?

Theft of property worth less than $500 is a class B misdemeanor, punishable by up to 6 months in jail and a fine up to $1,000, unless a repeat-offense or store-ban rule raises it (76-6-404(3)(d); 76-3-204; 76-3-301).

Is shoplifting a felony in Utah?

Shoplifting is retail theft under 76-6-602. It is a felony when the merchandise is worth $1,500 or more, when it is a firearm or an operable motor vehicle, or, from $500, when a two-prior-conviction or store-ban rule applies. A prior felony conviction for theft, robbery, burglary with intent to commit theft or fraud, committed within 10 years, makes a retail theft of any value a third degree felony (76-6-602(3)(b)(iv)). Otherwise, below those lines it is a misdemeanor.

Can a third shoplifting charge be a felony in Utah?

Yes, in some cases. With two prior convictions for theft, robbery, burglary with intent to commit theft or fraud, each committed within 10 years and at least one a class A misdemeanor, a retail theft of $500 or more is a third degree felony (76-6-602(3)(b)(ii)). With two such priors and a lower value, it is a class A misdemeanor, unless a prior conviction for one of those offenses committed within 10 years was a felony, which makes a retail theft of any value a third degree felony (76-6-602(3)(b)(iv)).

Can a store ban me and does it matter in Utah?

A merchant may give written notice prohibiting a person who committed a theft offense from reentering (78B-3-108(4)). A later theft at that store within five years of the earlier theft moves up a grade: under $500 becomes a class A misdemeanor and $500 to under $1,500 a third degree felony.

Can a store make me pay after shoplifting in Utah?

Under 78B-3-108(5), a merchant can recover from an adult actual damages, a penalty equal to the retail price up to $1,000, an added penalty of $100 to $500, and court costs and attorney fees. No criminal conviction is required, and any penalty demand must carry the statutory notice.

Is stealing a catalytic converter a felony in Utah?

Yes. Under Utah Code 76-6-415(3), theft of a catalytic converter is at least a third degree felony regardless of its value. Separately, under 76-6-415(3)(a), theft of metal is a second degree felony if the value of the metal is or exceeds $5,000.