(1) As used in this section: (a) "Pawnbroker" means the same as that term is defined in Section 13-32a-102. (b) "Receives" means acquiring possession, control, title, or lending on the security of the property.

(a) "Pawnbroker" means the same as that term is defined in Section 13-32a-102.

(b) "Receives" means acquiring possession, control, title, or lending on the security of the property.

(2) A person commits theft if the person receives, retains, or disposes of the property of another knowing that the property is stolen, or believing that the property is probably stolen, or who conceals, sells, withholds, or aids in concealing, selling, or withholding the property from the owner, knowing or believing the property to be stolen, intending to deprive the owner of the property.

(3) The knowledge or belief required for Subsection (2) is presumed in the case of an actor who: (a) is found in possession or control of other property stolen on a separate occasion; (b) has received other stolen property within the year preceding the receiving offense charged; (c) is a pawnbroker or person who: (i) has or operates a business dealing in or collecting used or secondhand merchandise or personal property, or an agent, employee, or representative of a pawnbroker or person who buys, receives, or obtains property; and (ii) (A) has not completely and accurately documented the information required under Section 13-32a-104; or (B) is found in possession of merchandise or personal property that violates Subsection 13-32a-104(2); or (d) is a coin dealer or an employee of the coin dealer as defined in Section 13-32a-102 who does not comply with the requirements of Section 13-32a-104.5.

(a) is found in possession or control of other property stolen on a separate occasion;

(b) has received other stolen property within the year preceding the receiving offense charged;

(c) is a pawnbroker or person who: (i) has or operates a business dealing in or collecting used or secondhand merchandise or personal property, or an agent, employee, or representative of a pawnbroker or person who buys, receives, or obtains property; and (ii) (A) has not completely and accurately documented the information required under Section 13-32a-104; or (B) is found in possession of merchandise or personal property that violates Subsection 13-32a-104(2); or

(i) has or operates a business dealing in or collecting used or secondhand merchandise or personal property, or an agent, employee, or representative of a pawnbroker or person who buys, receives, or obtains property; and

(ii) (A) has not completely and accurately documented the information required under Section 13-32a-104; or (B) is found in possession of merchandise or personal property that violates Subsection 13-32a-104(2); or

(A) has not completely and accurately documented the information required under Section 13-32a-104; or

(B) is found in possession of merchandise or personal property that violates Subsection 13-32a-104(2); or

(d) is a coin dealer or an employee of the coin dealer as defined in Section 13-32a-102 who does not comply with the requirements of Section 13-32a-104.5.

(4) A pawnbroker or person who has or operates a business dealing in or collecting used or secondhand merchandise or personal property, and every agent, employee, or representative of a pawnbroker or person who fails to comply with Subsection (3) is presumed to have bought, received, or obtained the property knowing the property to have been stolen or unlawfully obtained. This presumption may be rebutted by proof.

(5) When, in a prosecution under this section, it appears from the evidence that the defendant was a pawnbroker or a person who has or operates a business dealing in or collecting used or secondhand merchandise or personal property, or was an agent, employee, or representative of a pawnbroker or person, that the defendant bought, received, concealed, or withheld the property without obtaining the information required in Subsection (3)(c) or (d), then the burden shall be upon the defendant to show that the property bought, received, or obtained was not stolen.

(6) Subsections (3)(c), (4), and (5) do not apply to scrap metal processors as defined in Section 76-6-1402.