(1) As used in this section, "motor vehicle fuel" means any combustible gas, liquid, matter, or substance that is used in an internal combustion engine for the generation of power.

(2) A person is guilty of theft of motor vehicle fuel who: (a) causes a motor vehicle to leave any premises where motor vehicle fuel is offered for retail sale when motor fuel has been dispensed into: (i) the fuel tank of the motor vehicle; or (ii) any other container that is then removed from the premises by means of the motor vehicle; and (b) commits the act under Subsection (2)(a) with the intent to deprive the owner or operator of the premises of the motor fuel without making full payment for the fuel.

(a) causes a motor vehicle to leave any premises where motor vehicle fuel is offered for retail sale when motor fuel has been dispensed into: (i) the fuel tank of the motor vehicle; or (ii) any other container that is then removed from the premises by means of the motor vehicle; and

(i) the fuel tank of the motor vehicle; or

(ii) any other container that is then removed from the premises by means of the motor vehicle; and

(b) commits the act under Subsection (2)(a) with the intent to deprive the owner or operator of the premises of the motor fuel without making full payment for the fuel.

(3) In addition to the penalties for theft under Section 76-6-412, the sentencing court may order the suspension of the driver license of a person convicted of theft of motor vehicle fuel. The suspension may not be for more than 90 days as provided in Section 53-3-220.