If you have been accused of possessing stolen property, you may assume that if enough time has passed, the State can no longer prosecute you because the statute of limitations has expired.
A new Utah Court of Appeals decision demonstrates that this assumption can be dangerously wrong.
In State v. Vance, 2026 UT App 111, the Utah Court of Appeals held that theft by receiving stolen property may be a “continuing offense” under certain circumstances. That means the statute of limitations may not begin running when the property was first acquired. Instead, it may continue running for as long as the defendant continues to retain the stolen property.
The Facts of Vance
The case involved a stolen skid steer that disappeared in approximately April 2018.
More than three years later, in September 2021, law enforcement received a tip that Chris Vance possessed the stolen equipment. Officers located the skid steer with identifying numbers removed or scratched off. When confronted, Vance claimed he had owned it for four years but could not produce proof of ownership. The engine serial number ultimately confirmed that the skid steer had been reported stolen.
Vance argued the prosecution was filed too late because the alleged theft occurred more than four years before charges were filed.
The Court of Appeals disagreed.
What Is a Continuing Offense?
Most crimes occur at a single point in time. The substantive crime’s applicable statute of limitations is triggered from one distinct criminal episode or event.
For example:
- Assault
- Burglary
- Shoplifting
These offenses are ordinarily complete once every statutory element has occurred.
A continuing offense is different.
It continues day after day while the prohibited conduct continues. Now, under the proper facts, Utah recognizes that retaining stolen property may also qualify.
The Court Drew an Important Distinction
Utah’s theft-by-receiving statute prohibits several different acts, including:
- receiving stolen property;
- retaining stolen property;
- disposing of stolen property;
- concealing stolen property;
- withholding stolen property from the owner.
The Court emphasized that these are not all legally identical for statute-of-limitations purposes.
What Should You Do If You Are Under Investigation?
If investigators contact you regarding allegedly stolen property:
- Do not make ownership claims before consulting counsel.
- Preserve any receipts, bills of sale, titles, or other documentation.
- Do not attempt to alter, move, or conceal the property.
- Contact an experienced Utah criminal defense attorney immediately.
Early legal advice frequently changes the course of an investigation.
We Defend Theft Charges Throughout Utah
Utah criminal defense attorney Jacob S. Gunter at ProvoLawyers.com, we represent individuals charged with:
- Theft
- Retail theft
- Theft by deception
- Theft by receiving stolen property
- Burglary
- Robbery
- White-collar theft offenses
- Fraud-related crimes
- Property crimes
If you are under investigation or have already been charged, early intervention can make a significant difference in protecting your rights and evaluating potential defenses under Utah law.
Schedule a confidential consultation today with our Utah criminal defense team.