THEFT or LARCENY DEFINED
Theft or larceny is defined as the taking of personal property without obtaining the prior consent of the owner--with the intent of permanently depriving the owner of the value of the property that has been taken or stolen.
It should be noted that theft and larceny are very different than burglary robbery, which are defined below.
Pursuant to Utah Code Annotated §76-6-202, an actor is guilty of the crime of burglary if he/she enters or unlawfully remains in a building, or any portion of a building with the intent to commit:
- A felony
- A theft
- An assault on any person
- Lewdness, sexual battery
- Voyeurism against a child
It should be noted that a charge of burglary is a separate offense from any of the other offenses listed, and which may be committed by the actor while he is in the building.
Burglary may be charged as a felony of the third degree, unless it was committed in a dwelling, in which event it is a felony of the second degree.
Pursuant to Utah Code Annotated §76-6-301, an actor is guilty of the crime of robbery if the actor unlawfully and intentionally takes, steals, or attempts to take or steal any personal property in the possession of another from his/her person, or from their immediate presence--against his/her will, by employing use of force or fear, and with the express purpose or intent of permanently or temporarily depriving that person of the possession of the personal property at issue.
An actor is also guilty of the crime of robbery if the actor knowingly or intentionally uses force or fear of immediate force against another person in the course of committing a theft or wrongful appropriation.
- An act is considered to have been "in the course of committing a theft or wrongful appropriation" if that act occurs while in the course of an attempt to commit theft or wrongful appropriation; or during the commission of theft or wrongful appropriation; or while in the immediate fight after the attempted theft or wrongful appropriation, or the commission thereof.
Robbery is a felony of the second degree.
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