Theft of Motor Fuel in Utah: Penalties, Laws, and License Suspension

Under Utah Code § 76-6-404.7 (Effective May 7, 2025), the theft of motor vehicle fuel—commonly called a “gas drive-off”—carries serious criminal penalties. Whether it is a few dollars of gas for a car or filling a container for an ATV, Utah law treats all fuel theft as a criminal offense.

What is Theft of Motor Vehicle Fuel in Utah?

In Utah, “fuel theft” or “gas and go” occurs when a person dispenses fuel into a vehicle or container and leaves the premises without paying.¹

The 3 Elements a Prosecutor Must Prove

To secure a conviction, the State must prove three specific elements beyond a reasonable doubt:

1. Fuel Was Dispensed: You caused a vehicle to leave the premises after fuel was dispensed into a tank or a secondary container (like a gas can).²

2. Leaving the Premises: The vehicle left the fueling location without the payment being completed.

3. Intent to Deprive: You acted with the specific intent to take the fuel without paying.³

Legal Tip: “Intent” is the most common area for defense. Accidental drive-offs, pump malfunctions, or payment processing errors are not criminal thefts because the “intent to deprive” is missing.

Felony vs. Misdemeanor Charges

The severity of a fuel theft charge is determined by the fair market value of the fuel and your prior criminal history.

Second-Degree Felony

• Value: $5,000 or more.

• Penalty: 0–15 years in prison and significant fines.

Third-Degree Felony

A third-degree felony (0–5 years in prison) applies if:

• The fuel value is between $1,500 and $4,999.

• The value is $500+ and you have two prior qualifying convictions (theft, robbery, fraud) within 10 years.⁴

• The value is $500–$1,499, you were previously banned from the property in writing, and have committed a prior theft there within 5 years.

• You have a prior felony theft-related conviction within the last 10 years.

Class A Misdemeanor

• Value: $500 to $1,499.

• Enhancement: Also applies if the value is under $500 but you have a prior written ban from the property or two prior theft convictions.

• Penalty: Up to 364 days in county jail.

Class B Misdemeanor

• Value: Less than $500 (with no prior enhancements).

• Penalty: Up to 6 months in county jail.

Additional Penalty: Driver License Suspension

One of the most overlooked consequences of a Utah fuel theft conviction is the impact on your driving privilege.

• Discretionary Suspension: The court has the authority to suspend your driver license for up to 90 days.⁵

• Not Automatic: While suspension is not mandatory, judges and prosecutors can request it as a condition of sentencing. This can significantly impact your ability to maintain employment.

Why You Need a Utah Theft Attorney

Even a “minor” gas drive-off can escalate into a felony if you have a prior record. Because these charges are enhanceable, a conviction today makes every future charge more severe.

If you are facing charges under Utah Code 76-6-404.7, early intervention is critical to disputing “intent” or the valuation of the fuel.

Contact Attorney Jake Gunter

Don’t let a mistake at the pump result in a criminal record or a suspended license.

Call or Text Jake Gunter: (801) 373-6345 FREE CONSULTATION AVAILABLE