Shoplifting and the Store's Demand
Utah Code 78B-3-108 — a civil penalty of the retail price up to $1,000, plus $100 to $500
Retail theft is knowingly taking, concealing or carrying away merchandise intending not to pay for it, switching or removing price tags, moving merchandise into another container, under ringing, or taking a shopping cart. It is graded by value on the same lines as theft.
Who handles this in Utah: legal aid programs and the state offices, listed in the Utah directory.
- A merchant who has reason to believe someone stole and can recover the goods by detaining them may detain them in a reasonable manner and for a reasonable time, to recover the goods or to inform a peace officer.
- A merchant may bar a person who committed the theft from coming back, by written notice delivered personally, by registered or certified mail, or by the other means the section lists.
An adult who shoplifts is also liable in a civil action for actual damages, a penalty to the merchant of the retail price of the merchandise up to $1,000, and an additional penalty the court sets of not less than $100 nor more than $500, plus court costs and reasonable attorney fees.
For a minor, the minor and the parents or legal guardian are jointly liable, with a penalty of the retail price up to $500 and a smaller additional penalty.
Sources for this section (2)
- Utah Code 76-6-602 — Retail theft
- Utah Code 78B-3-108 — Shoplifting -- Merchant's rights -- Civil liability for shoplifting by adult or minor -- Criminal conviction not a prerequisite for civil liability -- Written notice required for penalty demand
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Utah attorney.