Utah Code Ann. § 76-6-408 – Receiving stolen property -- Duties of pawnbrokers, secondhand businesses, coin dealers, and catalytic converter purchasers. | Midpage
§ 76-6-408
Utah Code Ann. § 76-6-408
Receiving stolen property -- Duties of pawnbrokers, secondhand businesses, coin dealers, and catalytic converter purchasers.
Effective May 4, 2022
Viewing an earlier version · effective May 4, 2022View current
(1) As used in this section:
(a) "Catalytic converter purchaser" means the same as that term is defined in Section 13-32a-102.
(b) "Coin dealer" means the same as that term is defined in Section 13-32a-102.
(c) "Pawnbroker" means the same as that term is defined in Section 13-32a-102.
(d) "Receives" means acquiring possession, control, title, or lending on the security of the property.
(e) "Scrap metal processor" means the same as that term is defined in Section 76-6-1402.
(f) "Secondhand actor" means:
(i) a pawnbroker;
(ii) a person who has or operates a business dealing in or collecting used or secondhand merchandise or personal property; or
(iii) an agent, employee, or representative of a pawnbroker or person who buys, receives, or obtains property.
(2) A person commits theft if the person receives, retains, or disposes of the property of another knowing that the property is stolen, or believing that the property is probably stolen, or who conceals, sells, withholds, or aids in concealing, selling, or withholding the property from the owner, knowing or believing the property to be stolen, intending to deprive the owner of the property.
(3) Except as provided in Subsection (4), the knowledge or belief required under Subsection (2) is presumed in the case of an actor who:
(a) is found in possession or control of other property stolen on a separate occasion; or
(b) has received other stolen property within the year preceding the receiving offense charged.
(4)
(a) The knowledge or belief required under Subsection (2) may only be presumed of a secondhand actor if the secondhand actor does not substantially comply with the material requirements of Section 13-32a-104.
(b) The knowledge or belief required under Subsection (2) may only be presumed of a coin dealer or an employee of a coin dealer if the coin dealer or the employee of the coin dealer does not substantially comply with the requirements of Section 13-32a-104.5.
(c) The knowledge or belief required under Subsection (2) may only be presumed of a catalytic converter purchaser if the catalytic converter purchaser does not substantially comply with the material requirements of Section 13-32a-104.7.
(5) Unless acting as a catalytic converter purchaser, Subsection (4)(c) does not apply to a scrap metal processor.
(6) This section does not preclude the admission of evidence in accordance with the Utah Rules of Evidence.