Failure to return library material -- Written notice

(1) (a) As used in this section: (i) "Library" means the same as that term is defined in Section 76-6-801. (ii) "Library materials" means the same as that term is defined in Section 76-6-801. (b) Terms defined in Section 76-1-101.5 apply to this section. (2) (a) An actor is guilty of failure to return library materials if the actor, having possession or having been in possession of library materials: (i) fails to return the materials within 30 days after receiving written notice demanding return of the materials; or (ii) if the materials are lost or destroyed, fails to pay the replacement value of the materials within 30 days after being notified. (b) Written notice is considered received upon the sworn affidavit of the person delivering the notice with a statement as to the date, place, and manner of delivery, or upon proof that the notice was mailed postage prepaid, via the United States Postal Service, to the current address listed for the person in the library records. (3) A violation of Subsection (2) is: (a) a second degree felony if the value of the library materials is or exceeds $5,000; (b) a third degree felony if: (i) the value of the library materials is or exceeds $1,500 but is less than $5,000; (ii) the value of the library materials is or exceeds $500 and the actor has been twice before convicted of any of the following offenses, if each prior offense was committed within 10 years before the date of the current conviction or the date of the offense upon which the current conviction is based and at least one of those convictions is for a class A misdemeanor: (A) any theft, any robbery, or any burglary with intent to commit theft; (B) any offense under Part 5, Fraud; or (C) any attempt to commit any offense under Subsection (3)(b)(ii)(A) or (B); (iii) (A) the value of the library materials is or exceeds $500 but is less than $1,500; (B) the theft occurs on a property where the offender has committed any theft within the past five years; and (C) the offender has received written notice from the library if the library has complied with the provisions of Subsection 78B-3-108(4) governing notice by a merchant; or (iv) the actor has been previously convicted of a felony violation of any of the offenses listed in Subsections (3)(b)(ii)(A) through (3)(b)(ii)(C), if the prior offense was committed within 10 years before the date of the current conviction or the date of the offense upon which the current conviction is based; (c) a class A misdemeanor if: (i) the value of the library materials stolen is or exceeds $500 but is less than $1,500; (ii) (A) the value of the library materials is less than $500; (B) the theft occurs on a property where the offender has committed any theft within the past five years; and (C) the offender has received written notice from the library if the library has complied with the provisions of Subsection 78B-3-108(4) governing notice by a merchant; or (iii) the actor has been twice before convicted of any of the offenses listed in Subsections (3)(b)(ii)(A) through (3)(b)(ii)(C), if each prior offense was committed within 10 years before the date of the current conviction or the date of the offense upon which the current conviction is based; or (d) a class B misdemeanor if the value of the library material stolen is less than $500 and the theft is not an offense under Subsection (3)(c).