Retail Theft is a common Misdemeanor B crime charged mostly in Utah Justice Courts. Retail Theft is a Class B is under $500 in merchandise stolen. Retail Theft in Orem City is charged in the Orem City Justice Court. If the Retail Theft accompanies a Class A Misdemeanor Felony, the matter is charged out of the Spanish Fork District Court.
The Orem City prosecutor has to prove that you are guilty beyond a reasonable doubt. As a defendant charged with Retail Theft in Orem City you bear no burden. You don’t have to put on any witnesses or introduce any exhibits.
Orem City has to prove the following elements to convict you of Retail Theft:
A person commits Retail Theft if the actor knowingly:
(a). Takes possession of, conceals, carries away, transfers or causes to be carried away or transferred, any merchandise displayed, held, stored, or offered for sale in a retail mercantile establishment with the intention of: [read and]
(i). Keeping the merchandise; or
(ii). Depriving the merchant permanently of the possession, use or benefit of such merchandise without paying the retail value of the merchandise; or
(iii). Alters, transfers, or removes any label, price tag, marking, indicia of value, or any other markings which aid in determining value of any merchandise displayed, held, stored, or offered for sale, in a retail mercantile establishment; or
(iv). Attempts to purchase the merchandise described in Subsection (2)(b)(i) personally or in consort with another at less than the retail value with the intention of depriving the merchant of the retail value of the merchandise; or
(v). Transfers any merchandise displayed, held, stored, or offered for sale in a retail mercantile establishment from the container in or on which the merchandise is displayed to any other container with the intention of depriving the merchant of the retail value of the merchandise; or
(vi). Under-rings with the intention of depriving the merchant of the retail value of the merchandise; or
(vii). Removes a shopping cart from the premises of a retail mercantile establishment with the intent of depriving the merchant of the possession, use, or benefit of the shopping cart.
Example 1. Orem University Mall. You are caught on camera stealing a pair of shoes from the University Mall in Orem, UT. You will be charged with a $500 or Under Retail Theft. The case will be prosecuted in the Orem City Justice Court.
Example 2. Orem Walgreens. You are caught switching tags on merchandise so the merchandise rings up at a lower price. The total value of stolen merchandise was under $500.
Example 3. Orem Walmart. You are caught intentionally not checking out items at the self-check stand.
Retail Theft Charges are enhanceable in three different ways.
Dollar Amount Stolen. First the dollar amount stolen matters. Under $500 is a Class B Misdemeanor. $500 but under $1,500 is a Class A Misdemeanor. $1,500 but under $5,000 is a Felony 3. Over $5,000 in merchandise is a Felony 2.
Prior Theft Convictions. Second, if you have prior theft convictions, new theft convictions will be enhanced to a higher severity grade. The statute is complex and the lookback windows are 5 and 10 years where prior convictions will count against you.
Type of Items Stolen. Certain items by themselves constitute a higher charge. Anytime a firearm or operatable motor vehicle is stolen, it is a Felony 2. Stolen catalytic converters or 25 pounds or more of a certain metal items are automatically Felony 3 charges.
Retail Theft convictions, pleas in abeyance or just arrested or dismissals are all expungeable under the Utah Expungement Act. See 77-40a-101.
The waiting periods for common Retail Thefts charges are:
(1). Felony. 7 years after the case closes successfully.
(2). Misdemeanor A. 5 years after the case closes successfully.
(3). Misdemeanor B. 4 years after the case closes successfully.
(4). Misdemeanor C. Attempted Retail Theft. 3 years after the case closes successfully.
(5). Pleas in Abeyances. 30 days after the case closes successfully.
(6). Not Guilty Verdicts. Immediately.
(7). Charges, but No Filings. 180 days.
Common Retail Theft Probation Terms. 
Misdemeanor Retail Theft may have the following common probationary terms.
(1). 12 months court probation. Informal, non-reporting.
(2). Fine. $690 bail schedule fine. The bail schedule is the recommended fine for a Class B Misdemeanor. All fines may be paid over time with monthly installments.
(3). Class. A Thinking Errors class to be taken within 45 days of sentencing.
(4). Mandatory Restitution. Criminal restitution is mandatory if the merchandise was not returned.
Criminal restitution is a part of any Retail Theft sentencing. The judge will inquire about it and so will the prosecutor. Restitution should always be addressed at sentencing to avoid problems later. Not so much with Misdemeanor Retail Theft charges because the dollar amount is always going to be under $1,500, but any high restitution amount that can’t be paid off will forever bar your ability to expungement the conviction later.
Any failure to pay Retail Theft restitution will make your conviction forever non-expungeable.
The Utah Retail Theft statute has written into it that retailers can sue a defendant convicted of retail theft for triple damages. You will often get a letter in the mail indicating this demand.
Adults and Retail Theft. An adult who commits a theft at a store is also liable in a civil action for:
(a). actual damages; (b). a penalty to the merchant in the amount of the retail price of the merchandise not to exceed $1,000; and (c). an additional penalty as determined by the court of not less than $100 nor more than $500, plus court costs and reasonable attorney fees. See Utah Code 78B-3-108
Minors and Retail Theft. A minor who commits a theft at a store is also liable with their parents in a civil action for:
(a). Actual damages; (b). A penalty to be remitted to the merchant in the amount of the retail price of the merchandise not to exceed $500 plus an additional penalty as determined by the court of not less than $50 nor more than $500; and (c). Court costs and reasonable attorney fees.
Bar from Premises. You can be barred from the premises by the justice court judge as part of your sentence and be barred from the premises by the retailor. Any violation of this term can violate your probation, incurring fine, community service or jail time.
The Orem City Justice Court only has one judge and is located at:
97 E Center St, Orem, UT 84057
Closed ⋅ Opens 8 AM Mon
Phone: (801) 724-3900
The Orem City Attorney’s Office prosecutes in the Orem City Justice Court. There are around three
city prosecutors who rotate prosecuting cases.
Only Class B Misdemeanors and Infractions are prosecuted in the Orem City Justice Court. All Class A Misdemeanors and Felonies must be prosecuted in the Spanish Fork District Court.
