A trespass to personal property is t he use of someone's property without person. A conversion occurs when personal property is taken by a defendant and kept from its true owner without permission of the owner. Conversion is the civil side of the crime of theft.
Utah Instruction to Jury that Unauthorized Sale of Personal Property can Constitute Conversion: In Utah, the unauthorized sale of personal property can potentially be considered conversion. Conversion refers to the act of unlawfully interfering with the rights of another individual over their personal property, depriving them of its possession or substantially interfering with their ownership rights. When someone unauthorized sells another person's personal property without their consent, it may be deemed as conversion, and the affected party has the right to seek legal remedies. The Utah Instruction to Jury regarding unauthorized sale of personal property as conversion emphasizes that the defendant's actions must meet certain criteria to be considered conversion. These instructions vary based on different scenarios and circumstances of the case. Here are some types of Utah Instruction to Jury that can be relevant: 1. Unauthorized Sale of Personal Property without Consent: This instruction pertains to cases where an individual intentionally sells another person's personal property without obtaining their consent or permission. The jury needs to determine if the defendant purposely sold the property without authorization, intending to interfere with the rightful owner's possession or ownership rights. 2. Knowingly Selling Stolen Property: In instances where the defendant knowingly sells property that they are aware has been stolen, the jury instruction focuses on proving that the defendant was aware of the property's stolen nature. This instruction places emphasis on the defendant's knowledge and intent to convert the property. 3. Unauthorized Sale of Personal Property Obtained Fraudulently: If the defendant obtains personal property through fraudulent means and subsequently sells it without the owner's consent, this instruction highlights the element of fraud. The jury must assess if the defendant's fraudulent actions led to acquiring the property, which was later sold, thus constituting conversion. 4. Conversion through Unauthorized Auction or Brokerage: In cases where the defendant, acting as an auctioneer or broker, sells personal property without the owner's consent, this instruction guides the jury's evaluation. The focus is on assessing if the defendant, in his capacity as an auctioneer or broker, lacked lawful authorization to sell the property, potentially constituting conversion. These are examples of different types of Utah Instruction to Jury that unauthorized sale of personal property can constitute conversion. Cases can involve specific circumstances that may require tailored instructions, but the fundamental elements generally revolve around unauthorized sales, lack of consent, knowledge of theft or fraud, and interference with the owner's possession or ownership rights.
