Section 76-6-602 - Retail theft(1) Terms defined in Sections 76-1-101.5 and 76-6-601 apply to this section.(2) An actor commits retail theft if the actor knowingly: (a) takes possession of, conceals, carries away, transfers or causes to be carried away or transferred, any merchandise displayed, held, stored, or offered for sale in a retail mercantile establishment with the intention of: (i) retaining 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;(b)(i) alters, transfers, or removes any label, price tag, marking, indicia of value, or any other markings which aid in determining value of any merchandise displayed, held, stored, or offered for sale, in a retail mercantile establishment; and(ii) attempts to purchase the merchandise described in Subsection (2)(b)(i) personally or in consort with another at less than the retail value with the intention of depriving the merchant of the retail value of the merchandise;(c) transfers any merchandise displayed, held, stored, or offered for sale in a retail mercantile establishment from the container in or on which the merchandise is displayed to any other container with the intention of depriving the merchant of the retail value of the merchandise;(d) under-rings with the intention of depriving the merchant of the retail value of the merchandise; or(e) removes a shopping cart from the premises of a retail mercantile establishment with the intent of depriving the merchant of the possession, use, or benefit of the shopping cart.(3) A violation of Subsection (2) is: (a) a second degree felony if the: (i) value of the merchandise or shopping cart is or exceeds $5,000;(ii) merchandise stolen is a firearm or an operable motor vehicle; or(b) a third degree felony if:(i) the value of the merchandise is or exceeds $1,500 but is less than $5,000;(ii) the merchandise is: (A) a catalytic converter as defined under Section 76-6-1402; or(B) 25 pounds or more of a suspect metal item as defined under Section 76-6-1402 if the value is less than $5,000 and the suspect metal is made of or contains aluminum or copper and is not a lead battery;(iii) the value of the merchandise or shopping cart is or exceeds $500 and the actor has been twice before convicted of any of the following offenses, if each prior offense was committed within 10 years before the date of the current conviction or the date of the offense upon which the current conviction is based and at least one of those convictions is for a class A misdemeanor: (A) any theft, any robbery, or any burglary with intent to commit theft;(B) any offense under Part 5, Fraud; or(C) any attempt to commit any offense under Subsection (3)(b)(iii)(A) or (B);(iv)(A) the value of merchandise or shopping cart is or exceeds $500 but is less than $1,500;(B) the theft occurs in a retail mercantile establishment or on the premises of a retail mercantile establishment where the offender has committed any theft within the past five years; and(C) the offender has received written notice from the merchant prohibiting the offender from entering the retail mercantile establishment or premises of a retail mercantile establishment pursuant to Subsection 78B-3-108(4); or(v) the actor has been previously convicted of a felony violation of any of the offenses listed in Subsections (3)(b)(iii)(A) through (3)(b)(iii)(C), if the prior offense was committed within 10 years before the date of the current conviction or the date of the offense upon which the current conviction is based;(c) a class A misdemeanor if: (i) the value of the merchandise or shopping cart stolen is or exceeds $500 but is less than $1,500;(ii)(A) the value of merchandise or shopping cart is less than $500;(B) the theft occurs in a retail mercantile establishment or premises of a retail mercantile establishment where the offender has committed any theft within the past five years; and(C) the offender has received written notice from the merchant prohibiting the offender from entering the retail mercantile establishment or premises of a retail mercantile establishment pursuant to Subsection 78B-3-108(4); or(iii) the actor has been twice before convicted of any of the offenses listed in Subsections (3)(b)(iii)(A) through (3)(b)(iii)(C), if each prior offense was committed within 10 years before the date of the current conviction or the date of the offense upon which the current conviction is based; or(d) a class B misdemeanor if the value of the merchandise or shopping cart stolen is less than $500 and the theft is not an offense under Subsection (3)(c).Amended by Chapter 111, 2023 General Session ,§ 103, eff. 5/3/2023.Enacted by Chapter 78, 1979 General Session