(2) An actor commits retail theft if the actor knowingly:

1. (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:

   1. (i) retaining the merchandise; or
   2. (ii) depriving the merchant permanently of the possession, use or benefit of such merchandise without paying the retail value of the merchandise;

2. (b)

   1. (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
   2. (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;
3. (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;
4. (d) under-rings with the intention of depriving the merchant of the retail value of the merchandise; or
5. (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:

1. (a) a second degree felony if the:

   1. (i) retail value of the merchandise or shopping cart is or exceeds $5,000;
   2. (ii) merchandise stolen is a firearm or an operable motor vehicle;

2. (b) a third degree felony if:

   1. (i) the retail value of the merchandise is or exceeds $1,500 but is less than $5,000;

   2. (ii) the merchandise is:

      1. (A) a catalytic converter as defined under Section 76-6-1402; or
      2. (B) 25 pounds or more of a suspect metal item as defined under Section 76-6-1402 if the retail value is less than $5,000 and the suspect metal is made of or contains aluminum or copper and is not a lead battery;

   3. (iii) the retail 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:

      1. (A) any theft, any robbery, or any burglary with intent to commit theft;
      2. (B) any offense under Part 5, Fraud;
      3. (C) any attempt to commit any offense under Subsection (3)(b)(iii)(A) or (B); or
      4. (D) any offense in another jurisdiction, including a state, federal, or military court, that is substantially equivalent to an offense under Subsection (3)(b)(iii)(A), (B), or (C);

   4. (iv)

      1. (A) the retail value of merchandise or shopping cart is or exceeds $500 but is less than $1,500;
      2. (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
      3. (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
   5. (v) the actor has been previously convicted of a felony violation of any of the offenses listed in Subsections (3)(b)(iii)(A) through (D), 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;

3. (c) a class A misdemeanor if:

   1. (i) the retail value of the merchandise or shopping cart stolen is or exceeds $500 but is less than $1,500;

   2. (ii)

      1. (A) the retail value of merchandise or shopping cart is less than $500;
      2. (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
      3. (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
   3. (iii) the actor has been twice before convicted of any of the offenses listed in Subsections (3)(b)(iii)(A) through (D), 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
4. (d) a class B misdemeanor if the retail value of the merchandise or shopping cart stolen is less than $500 and the theft is not an offense under Subsection (3)(c).

(4)

1. (a) A court shall impose the mandatory jail sentence described in Subsection (4)(b), and may not suspend any portion of the jail sentence or grant early release, if:

   1. (i) the court suspends the imposition of a prison sentence for a felony conviction under this section or sentences an actor for a misdemeanor violation of this section;

   2. (ii)

      1. (A) the violation is the actor's second or subsequent conviction for any level of offense under this section; or
      2. (B) the actor previously has been convicted of a criminal violation in another jurisdiction, including a state or federal court, that is substantially equivalent to the violation of this section; and
   3. (iii) the actor previously has been convicted of reentry of a removed alien under 8 U.S.C. Sec. 1326.

2. (b) The mandatory jail sentences referred to in Subsection (4)(a) are:

   1. (i) for a felony or a class A misdemeanor, 360 days in jail;
   2. (ii) for a class B misdemeanor, 180 days in jail; and
   3. (iii) for a class C misdemeanor, 90 days in jail.

3. (c)

   1. (i) Except as provided in Subsection (4)(c)(ii), an actor who is subject to a mandatory jail sentence under Subsection (4)(a) may not be released to the federal Immigration and Customs Enforcement Agency of the United States Department of Homeland Security for deportation until the actor has served the entire jail sentence described in Subsection (4)(b).
   2. (ii) An actor may be released to the federal Immigration and Customs Enforcement Agency of the United States Department of Homeland Security for deportation at any time during the 14-day period before the final day of the actor's jail sentence described in Subsection (4)(b).