76-6-402 - Presumptions and defenses. - Utah Statutes

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Statutes > Utah > Title-76 > Chapter-06 > 76-6-402

76-6-402. Presumptions and defenses.
The following presumption shall be applicable to this part:
(1) Possession of property recently stolen, when no satisfactory explanation of suchpossession is made, shall be deemed prima facie evidence that the person in possession stole theproperty.
(2) It is no defense under this part that the actor has an interest in the property or servicestolen if another person also has an interest that the actor is not entitled to infringe, provided aninterest in property for purposes of this subsection shall not include a security interest for therepayment of a debt or obligation.
(3) It is a defense under this part that the actor:
(a) Acted under an honest claim of right to the property or service involved; or
(b) Acted in the honest belief that he had the right to obtain or exercise control over theproperty or service as he did; or
(c) Obtained or exercised control over the property or service honestly believing that theowner, if present, would have consented.

Amended by Chapter 32, 1974 General Session

State Codes and Statutes

Statutes > Utah > Title-76 > Chapter-06 > 76-6-402

76-6-402. Presumptions and defenses.
The following presumption shall be applicable to this part:
(1) Possession of property recently stolen, when no satisfactory explanation of suchpossession is made, shall be deemed prima facie evidence that the person in possession stole theproperty.
(2) It is no defense under this part that the actor has an interest in the property or servicestolen if another person also has an interest that the actor is not entitled to infringe, provided aninterest in property for purposes of this subsection shall not include a security interest for therepayment of a debt or obligation.
(3) It is a defense under this part that the actor:
(a) Acted under an honest claim of right to the property or service involved; or
(b) Acted in the honest belief that he had the right to obtain or exercise control over theproperty or service as he did; or
(c) Obtained or exercised control over the property or service honestly believing that theowner, if present, would have consented.

Amended by Chapter 32, 1974 General Session

State Codes and Statutes

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State Codes and Statutes

Statutes > Utah > Title-76 > Chapter-06 > 76-6-402

76-6-402. Presumptions and defenses.
The following presumption shall be applicable to this part:
(1) Possession of property recently stolen, when no satisfactory explanation of suchpossession is made, shall be deemed prima facie evidence that the person in possession stole theproperty.
(2) It is no defense under this part that the actor has an interest in the property or servicestolen if another person also has an interest that the actor is not entitled to infringe, provided aninterest in property for purposes of this subsection shall not include a security interest for therepayment of a debt or obligation.
(3) It is a defense under this part that the actor:
(a) Acted under an honest claim of right to the property or service involved; or
(b) Acted in the honest belief that he had the right to obtain or exercise control over theproperty or service as he did; or
(c) Obtained or exercised control over the property or service honestly believing that theowner, if present, would have consented.

Amended by Chapter 32, 1974 General Session