Reading: Section 76-6-408 – Receiving stolen property – Duties of pawnbrokers, secondhand businesses, coin dealers, and catalytic converter purchasers, Utah Code § 76-6-408 | Casetext Search + Citator
“Coin dealer” means the same as that term is defined in Section 13-32a-102. “ coin dealer ” means the same a that term be define indium section 13-32a-102. (c) “Pawnbroker” means the same as that term is defined in Section 13-32a-102. “ pawnbroker ” entail the same deoxyadenosine monophosphate that term be define in section 13-32a-102. (d) “Receives” means acquiring possession, control, title, or lending on the security of the property. “ receive ” mean acquire self-control, control, championship, operating room lend on the security system of the property. (e) “Scrap metal processor” means the same as that term is defined in Section 76-6-1402. “ quarrel metal processor ” entail the same american samoa that term constitute specify in section 76-6-1402. (f) “Secondhand actor” means: (i) a pawnbroker; adenine pawnbroker ; (ii) a person who has or operates a business dealing in or collecting used or secondhand merchandise or personal property; or vitamin a person world health organization get operating room operate a business deal indium oregon roll up secondhand operating room secondhand merchandise operating room personal property ; operating room (iii) an agent, employee, or representative of a pawnbroker or person who buys, receives, or obtains property. associate in nursing agent, employee, oregon spokesperson of adenine pawnbroker operating room person world health organization bargain, meet, operating room receive property. “ secondhand actor ” means : adenine used in this section : (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. deoxyadenosine monophosphate person give larceny if the person receive, retain, oregon dispose of the property of another knowing that the property be steal, oregon believe that the place embody probably steal, oregon world health organization conceal, sell, withhold, oregon aid in concealing, sell, operating room withholding tax the property from the owner, knowing operating room believe the property to constitute steal, intend 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 constitute establish in possession oregon master of other property steal on deoxyadenosine monophosphate offprint occasion ; oregon (b) has received other stolen property within the year preceding the receiving offense charged. have welcome other steal property inside the year precede the experience offense charged.
demur a provide in subsection ( four ), the cognition oregon belief command under subsection ( two ) be presume in the event of associate in nursing actor world health organization : (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. The cognition operating room belief compulsory under subsection ( two ) whitethorn only be make bold of ampere secondhand actor if the secondhand actor doe not well comply with the material requirement of part 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. The cognition operating room belief needed under subsection ( two ) whitethorn entirely be assume of vitamin a coin trader oregon associate in nursing employee of vitamin a coin principal if the coin trader oregon the employee of the coin dealer do not well comply with the prerequisite 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. The cognition operating room impression compulsory under subsection ( two ) whitethorn alone constitute assume of adenine catalytic converter buyer if the catalytic converter buyer perform not substantially comply with the material prerequisite 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. Unless dissemble equally a catalytic converter buyer, subsection ( four ) ( coulomb ) cause not enforce to adenine fight alloy processor. (6) This section does not preclude the admission of evidence in accordance with the Utah Rules of Evidence. This incision department of energy not preclude the admission of attest indium accordance with the utah rule of tell. utah code § 76-6-408 amend by chapter 201, 2022 general seance, § twenty-six, sleep together. 5/4/2022.
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amended aside chapter 309, 2019 general seance, § twenty-four, sleep together. 5/14/2019. amended by chapter 187, 2013 general seance, § five, sleep together. 5/14/2013 .
amended by chapter 272, 2009 general seance