Library Theft

Utah Code tit. 76, ch. 76-6, pt. 76-6-P8

in effect

Utah Code § 76-6-801 Library theft.

76-6-801. Library theft. (1) (a) As used in this section: (i) "Library" means: (A) a public library; (B) a library of an educational or historical society; (C) a museum; or (D) a repository of public records. (ii) "Library materials" means a book, plate, picture, photograph, engraving, painting, drawing, map, newspaper, magazine, pamphlet, broadside, manuscript, document, letter, public record, microfilm, sound recording, audiovisual materials in any format, electronic data processing records, artifacts, or other documentary, written or printed materials regardless of physical form or characteristics, belonging to, on loan to, or otherwise in the custody of a library. (b) Terms defined in Section 76-1-101.5 apply to this section. (2) An actor commits library theft if the actor: (a) willfully, for the purpose of converting to personal use, and depriving the owner, conceals on the actor's person or among the actor's belongings library materials while on the premises of the library; or (b) willfully and without authority removes library materials from the library building with the intention of converting them to the actor's own use. (3) A violation of Subsection (2) is: (a) a second degree felony if the value of the library materials is or exceeds $5,000; (b) a third degree felony if: (i) the value of the library materials is or exceeds $1,500 but is less than $5,000; (ii) the value of the library materials 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)(ii)(A) or (B); (iii) (A) the value of the library materials is or exceeds $500 but is less than $1,500; (B) the theft occurs on a property where the offender has committed any theft within the past five years; and (C) the offender has received written notice from the library prohibiting the offender from entering the property if the library has complied with the provisions of Subsection 78B-3-108(4) governing notice by a merchant; or (iv) the actor has been previously convicted of a felony violation of any of the offenses listed in Subsections (3)(b)(ii)(A) through (3)(b)(ii)(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 library materials stolen is or exceeds $500 but is less than $1,500; (ii) (A) the value of the library materials is less than $500; (B) the theft occurs on a property where the offender has committed any theft within the past five years; and (C) the offender has received written notice from the library if the library has complied with the provisions of Subsection 78B-3-108(4) governing notice by a merchant; or (iii) the actor has been twice before convicted of any of the offenses listed in Subsections (3)(b)(ii)(A) through (3)(b)(ii)(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 library materials stolen is less than $500 and the theft is not an offense under Subsection (3)(c). (4) (a) An actor who willfully conceals library materials on the actor's person or among the actor's belongings while on the premises of the library or in the library's immediate vicinity is prima facie presumed to have concealed library materials with the intention of converting the library materials to the actor's own use. (b) If library materials are found concealed upon the actor's person or among the actor's belongings, or electronic security devices are activated by the actor's presence, it is prima facie evidence of willful concealment. Amended by Chapter 111, 2023 General Session

Utah Code § 76-6-803 Mutilation or damaging of library material.

76-6-803. Mutilation or damaging of library material. (1) (a) As used in this section: (i) "Library" means the same as that term is defined in Section 76-6-801. (ii) "Library materials" means the same as that term is defined in Section 76-6-801. (b) Terms defined in Section 76-1-101.5 apply to this section. (2) An actor is guilty of mutilation or damage of library materials if the actor intentionally or recklessly writes upon, injures, defaces, tears, cuts, mutilates, destroys, or otherwise damages library materials. (3) A violation of Subsection (2) is: (a) a second degree felony if the value of the library materials is or exceeds $5,000; (b) a third degree felony if: (i) the value of the library materials is or exceeds $1,500 but is less than $5,000; (ii) the value of the library materials 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)(ii)(A) or (B); (iii) (A) the value of the library materials is or exceeds $500 but is less than $1,500; (B) the theft occurs on a property where the offender has committed any theft within the past five years; and (C) the offender has received written notice from the library if the library has complied with the provisions of Subsection 78B-3-108(4) governing notice by a merchant; or (iv) the actor has been previously convicted of a felony violation of any of the offenses listed in Subsections (3)(b)(ii)(A) through (3)(b)(ii)(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 library materials stolen is or exceeds $500 but is less than $1,500; (ii) (A) the value of the library materials is less than $500; (B) the theft occurs on a property where the offender has committed any theft within the past five years; and (C) the offender has received written notice from the library if the library has complied with the provisions of Subsection 78B-3-108(4) governing notice by a merchant; or (iii) the actor has been twice before convicted of any of the offenses listed in Subsections (3)(b)(ii)(A) through (3)(b)(ii)(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 library materials stolen is less than $500 and the theft is not an offense under Subsection (3)(c). Amended by Chapter 111, 2023 General Session

Utah Code § 76-6-803.30 Failure to return library material -- Written notice.

76-6-803.30. Failure to return library material -- Written notice. (1) (a) As used in this section: (i) "Library" means the same as that term is defined in Section 76-6-801. (ii) "Library materials" means the same as that term is defined in Section 76-6-801. (b) Terms defined in Section 76-1-101.5 apply to this section. (2) (a) An actor is guilty of failure to return library materials if the actor, having possession or having been in possession of library materials: (i) fails to return the materials within 30 days after receiving written notice demanding return of the materials; or (ii) if the materials are lost or destroyed, fails to pay the replacement value of the materials within 30 days after being notified. (b) Written notice is considered received upon the sworn affidavit of the person delivering the notice with a statement as to the date, place, and manner of delivery, or upon proof that the notice was mailed postage prepaid, via the United States Postal Service, to the current address listed for the person in the library records. (3) A violation of Subsection (2) is: (a) a second degree felony if the value of the library materials is or exceeds $5,000; (b) a third degree felony if: (i) the value of the library materials is or exceeds $1,500 but is less than $5,000; (ii) the value of the library materials 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)(ii)(A) or (B); (iii) (A) the value of the library materials is or exceeds $500 but is less than $1,500; (B) the theft occurs on a property where the offender has committed any theft within the past five years; and (C) the offender has received written notice from the library if the library has complied with the provisions of Subsection 78B-3-108(4) governing notice by a merchant; or (iv) the actor has been previously convicted of a felony violation of any of the offenses listed in Subsections (3)(b)(ii)(A) through (3)(b)(ii)(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 library materials stolen is or exceeds $500 but is less than $1,500; (ii) (A) the value of the library materials is less than $500; (B) the theft occurs on a property where the offender has committed any theft within the past five years; and (C) the offender has received written notice from the library if the library has complied with the provisions of Subsection 78B-3-108(4) governing notice by a merchant; or (iii) the actor has been twice before convicted of any of the offenses listed in Subsections (3)(b)(ii)(A) through (3)(b)(ii)(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 library material stolen is less than $500 and the theft is not an offense under Subsection (3)(c). Amended by Chapter 111, 2023 General Session

Utah Code § 76-6-803.60 Detention of theft suspect by library employee -- Purposes.

76-6-803.60. Detention of theft suspect by library employee -- Purposes. (1) (a) As used in this section: (i) "Library" means the same as that term is defined in Section 76-6-801. (ii) "Library materials" means the same as that term is defined in Section 76-6-801. (b) Terms defined in Section 76-1-101.5 apply to this section. (2) Any employee of the library who has probable cause to believe that a person has committed library theft may detain the person, on or off the premises of a library, in a reasonable manner and for a reasonable length of time for all or any of the following purposes: (a) to make reasonable inquiry as to whether the person has in his possession concealed library materials; (b) to request identification; (c) to verify identification; (d) to make a reasonable request of the person to place or keep in full view any library materials the individual may have removed, or which the employee has reason to believe he may have removed, from its place of display or elsewhere, whether for examination, or for any other reasonable purpose; (e) to inform a peace officer of the detention of the person and surrender that person to the custody of a peace officer; or (f) in the case of a minor, to inform a peace officer, the parents, guardian, or other private person interested in the welfare of the minor as soon as possible of this detention and to surrender custody of the minor to this person. (3) An employee may make a detention under this section off the library premises only if the detention is pursuant to an immediate pursuit of the person. Amended by Chapter 111, 2023 General Session

Utah Code § 76-6-803.90 Liability -- Defense -- Probable cause -- Reasonableness.

76-6-803.90. Liability -- Defense -- Probable cause -- Reasonableness. (1) (a) As used in this section, "library" means the same as that term is defined in Section 76-6-801. (b) Terms defined in Section 76-1-101.5 apply to this section. (2) In any action for false arrest, false imprisonment, unlawful detention, defamation of character, assault, trespass, or invasion of civil rights brought by any person detained by an employee of the library, it is a defense to the action that the employee of the library detaining the person had probable cause to believe that the person had committed library theft and that the employee acted reasonably under all circumstances. Amended by Chapter 111, 2023 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title76/Chapter6/76-6-P8.html?v=C76-6-P8_1800010118000101Fetched: 10/26/2026