Section 76-6-404.7 - Theft of motor vehicle fuel(1)(a) As used in this section, "motor vehicle fuel" means any combustible gas, liquid, matter, or substance that is used in an internal combustion engine for the generation of power.(b) Terms defined in Section 76-1-101.5 apply to this section.(2) An actor commits theft of motor vehicle fuel if the actor: (a) causes a motor vehicle to leave any premises where motor vehicle fuel is offered for retail sale when motor fuel has been dispensed into:(i) the fuel tank of the motor vehicle; or(ii) any other container that is then removed from the premises by means of the motor vehicle; and(b) commits the act under Subsection (2)(a) with the intent to deprive the owner or operator of the premises of the motor vehicle fuel without making full payment for the fuel.(3) A violation of Subsection (2) is:(a) a second degree felony if the value of the motor vehicle fuel is or exceeds $5,000;(b) a third degree felony if:(i) the value of the motor vehicle fuel is or exceeds $1,500 but is less than $5,000; or(ii) the value of the motor vehicle fuel 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 motor vehicle fuel 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 merchant prohibiting the offender from entering the property pursuant to Subsection 78B-3-108(4); 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 motor vehicle fuel is or exceeds $500 but is less than $1,500;(ii)(A) the value of the motor vehicle fuel 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 merchant prohibiting the offender from entering the property pursuant to Subsection 78B-3-108(4); 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 motor vehicle fuel is less than $500 and the theft is not an offense under Subsection (3)(c).(4)(a) In addition to the penalties described in Subsection (3), the sentencing court may order the suspension of the driver license of an actor convicted of theft of motor vehicle fuel.(b) The suspension described in Subsection (4)(a) may not be for more than 90 days as provided in Section 53-3-220.Amended by Chapter 111, 2023 General Session ,§ 52, eff. 5/3/2023.Enacted by Chapter 328, 2009 General Session.