Third Degree Felony for Theft of Watercraft

A 19 year old in Utah is facing a third degree felony for the theft or possession of stolen watercraft or outboard motor.

Shopping in the off season

19 year old Dillon Anthony Smith of Hurricane, Utah was booked into the Weber County Jail on multiple charges including two each of: criminal mischief; fail(ure) to appear on citation; and theft or vessel/motor in possession with reason to believe stolen. His total bail was posted at $14,250. It is not known what the 19 year old was doing so far away from home or why he would have a stolen watercraft or outboard motor on him in the month of February.

Theft

A person can be charged with theft if they physically took property that didn’t belong to them, received stolen property, or found property that was lost and didn’t return it. The theft of any property can result in criminal charges and the penalties are usually based on the value of the item(s). Utah Code 76-6-412 states that:

• Theft of property valued under $500 is punishable as a class B misdemeanor;

• Theft of property valued between $500 and $1,500 is punishable as a class A misdemeanor;

• Theft of property valued between $1,500 and$5,000 is punishable as a third degree felony; and

• Theft of property valued above $5,000 is a second degree felony.

Specialty theft items

The value of the watercraft of outboard motor that was stolen or possessed illegally was not noted; however whether it was worth $5,000 or $50, it wouldn’t have mattered. There are some items that may have a determined value, but have a set penalty depending on the type of property stolen.

• If the item stolen is a firearm, it is a second degree felony;

• If a horse, cow, sheep, goat, pig, poultry, or “fur-bearing animal raised for commercial purposes” is stolen, it is a third degree felony unless valued above $5,000;

• A stolen vehicle that is operable is punishable as a second degree felony;

• In the case of a stolen watercraft or outboard motor, the penalty is a third degree felony.

Prison term for theft of watercraft

Smith is facing at least two third degree felonies which carry a possible prison term of zero to five years in prison each. Since he is over the age of 18, he will face his charges in the adult court system. A defendant who may have the mentality of a teenager with the physical age of an adult would benefit greatly by a criminal defense attorney who handles adult cases, but also is experienced in dealing with teens who may need more guidance in the judicial proceedings. Anyone in this situation is encouraged to seek such counsel.