Utah Code Section 76-6-408 makes it a crime to deal in, traffic in or receive stolen property (commonly referred to as “receiving stolen property.”). Utah’s receiving stolen property statute provides in pertinent part: “A person commits theft if he receives, retains, or disposes of the property of another knowing that it has been stolen, or believing that it probably has been stolen, … with a purpose to deprive the owner thereof.”
The basic elements of the crime include proof beyond a reasonable doubt that:
- property belonging to another has been stolen;
- the defendant received, retained or disposed of the stolen property;
- at the time of receiving, retaining or disposing of the property the defendant knew or believed the property was stolen; and
- the defendant acted purposely to deprive the owner of the possession of the property. Before an individual can be convicted of violating the receiving stolen property statute.
Under Utah Criminal Code Section 76-6-408, the prosecution must establish the person’s acts of receiving, retaining or disposing of the property in question were accompanied by a purpose to deprive the owner of that property.