Title 76 - Utah Criminal Code - Chapter 6 - Offenses Against Property - Part 4 - Theft - Section 402 - Presumptions and defenses.

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Utah Code

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Superseded 5/5/2021 76-6-402 Presumptions and defenses.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 such possession is

made, shall be deemed prima facie evidence that the person in possession stole the property. (2) It is no defense under this part that the actor has an interest in the property or service stolen if

another person also has an interest that the actor is not entitled to infringe, provided an interest in property for purposes of this subsection shall not include a security interest for the repayment 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 the property

or service as he did; or (c) Obtained or exercised control over the property or service honestly believing that the owner, if

present, would have consented.