Section 76-6-414 - Theft resulting in economic interruption - Enhanced penalties(1)(a) As used in this section:(i) "Business" means the same as that term is defined in Section 76-6-113.(ii) "Governmental entity" means the same as that term is defined in Section 76-6-113.(iii) "Economic interruption" means the same as that term is defined in Section 76-6-113.(b) Terms defined in Sections 76-1-101.5 and 76-6-401 apply to this section.(2) An actor commits theft resulting in economic interruption if: (a) the actor intentionally, knowingly, recklessly, or negligently obtains or exercises unauthorized control over a business's or governmental entity's property with the intent to deprive the business or governmental entity of the property; and(b) the actor's actions under Subsection (2)(a) cause an economic interruption for the business or governmental entity.(3) A violation of Subsection (2) is a class A misdemeanor.(4) It is not a defense under this section that the actor did not know that the victim is a business or governmental entity.(5) If the trier of facts finds that the actor committed a violation of Subsection (2), the actor is guilty of:(a) a third degree felony if the actor has two prior convictions for a violation of Subsection (2) within five years before the day on which the actor committed the most recent violation of Subsection (2); and(b) a second degree felony if the actor has at least three prior convictions for a violation of Subsection (2) within five years before the day on which the actor committed the most recent violation of Subsection (2).(6) A prior conviction used for a penalty enhancement under Subsection (5) is a conviction that is from a separate criminal episode than:(a) the most recent violation of Subsection (2); and(b) any other prior conviction that is used to enhance the penalty for the most recent violation of Subsection (2).(7) The prosecuting attorney, or the grand jury if an indictment is returned, shall include notice in the information or indictment that the offense is subject to an enhancement under Subsection (5).Added by Chapter 230, 2024 General Session ,§ 2, eff. 5/1/2024.