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S.B. 43 Enrolled
Pete Suazo
AN ACT RELATING TO OCCUPATIONAL AND PROFESSIONAL LICENSING;
PROHIBITING ULTIMATE FIGHTING CONTESTS; AUTHORIZING THE DIVISION
TO ADOPT RULES ON TOUGH MAN CONTESTS; DEFINING TERMS; AND
MAKING PARTICIPATION IN AN ULTIMATE FIGHTING MATCH GROUNDS FOR
LICENSE REVOCATION AND A CLASS A MISDEMEANOR.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
58-66-102, as enacted by Chapter 11, Laws of Utah 1995
58-66-604, as enacted by Chapter 11, Laws of Utah 1995
76-5-104, as last amended by Chapter 170, Laws of Utah 1989
ENACTS:
58-66-503, Utah Code Annotated 1953
76-9-705, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 58-66-102 is amended to read:
58-66-102. Definitions.
In addition to the definitions in Section 58-1-102, as used in this chapter:
(1) "Bodily injury" means as defined in Section 76-1-601.
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58-66-201.
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or exhibition demonstrating the skill and ability of professional contestants when an admission fee
is charged or that is telecast, televised, or broadcast to the public in any manner, including
television, radio, transmission via a cable television system, microwave, closed circuit, satellite,
fiber optic link, or any other method of distribution.
(b) "Contest" does not include a boxing contest, match, performance, sparring match, or
exhibition staged outside the state that is telecast, televised, or broadcast as a "pay-per-view
telecast," closed circuit or otherwise, that is not intended to be available for viewing without the
payment of a fee for the privilege of viewing the telecast, collected for or based upon each event
viewed.
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skills without necessarily striving to win.
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(a) rate the performance of professional contestants;
(b) score a contest; and
(c) determine with other judges whether there is a winner of the contest or whether the
professional contestants performed equally resulting in a draw.
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purposes of obtaining matches, negotiating terms and conditions of the contract under which the
professional contestant will engage in a contest, or arranging for a second for the professional
contestant at a contest.
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cash purse in any amount or for a noncash purse with more than nominal value as defined by rule.
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contests and promotions.
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the same time at the same location and that is produced or staged by a promoter.
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consideration a professional contestant receives or may receive for participation in a contest.
(b) "Purse" does not mean a trophy, medal, or similar object of nominal value as defined by
rule that is received for participation in a contest.
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official attending a professional contest at the point of contact between professional contestants for
the purpose of:
(a) enforcing the rules relating to the professional contest;
(b) stopping the contest in the event the health, safety, and welfare of a professional
contestant or any other person in attendance at the contest is in jeopardy; and
(c) to act as a judge if so designated by the commission.
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of the contest before, during, and after the contest in accordance with contest rules.
(13) "Serious bodily injury" means as defined in Section 76-1-601.
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a particular contest plus any sums received as consideration for holding the contest at a particular
location.
(15) "Tough man contest" means a contest in which tough man contestants compete.
(16) "Tough man contestant" means a person who:
(a) participates in a contest for a cash purse in any amount or for a noncash purse with more
than nominal value as defined by rule; and
(b) is not licensed as a professional contestant in any state.
(17) "Ultimate fighting match" means a live match in which:
(a) an admission fee is charged;
(b) match rules permit professional contestants to use a combination of boxing, kicking,
wrestling, hitting, punching, or other combative, contact techniques; and
(c) match rules do not:
(i) incorporate a formalized system of combative techniques against which a contestant's
performance is judged to determine the prevailing contestant;
(ii) divide a match into two or more equal and specified time periods for a match total of no
more than 50 minutes; or
(iii) prohibit contestants from:
(A) using anything that is not part of the human body, except for boxing gloves, to
intentionally inflict serious bodily injury upon an opponent through direct contact or the expulsion
of a projectile;
(B) striking a person who demonstrates an inability to protect himself from the advances of
an opponent;
(C) biting; or
(D) direct, intentional, and forceful strikes to the eyes, groin area, adam's apple area of the
neck, and temple area of the head.
Section 2. Section 58-66-503 is enacted to read:
58-66-503. Ultimate fighting prohibited.
(1) Ultimate fighting matches are prohibited.
(2) Any person who publicizes, promotes, conducts, or engages in an ultimate fighting match
is:
(a) guilty of a class A misdemeanor as provided in Section 76-9-705; and
(b) subject to license revocation under this chapter.
Section 3. Section 58-66-604 is amended to read:
58-66-604. Rules.
(1) The division in collaboration with the commission shall adopt rules in accordance with
the provisions of Title 63, Chapter 46a, Utah Administrative Rulemaking Act, for the conduct of
contests and tough man contests in the state.
(2) The rules shall include authority for stopping contests, impounding purses with respect
to contests when there is a question with respect to the contest, professional contestants, or any other
licensee associated with the contest, and reasonable and necessary provisions to ensure that all
obligations of a promoter with respect to any promotion or contest are paid in accordance with
agreements made by the promoter.
(3) The rules shall:
(a) prohibit ultimate fighting matches; and
(b) require the revocation of the license of any licensee who publicizes, promotes, conducts,
or engages in an ultimate fighting match.
Section 4. Section 76-5-104 is amended to read:
76-5-104. Consensual altercation no defense to homicide or assault if dangerous
weapon used or participants are engaged in an ultimate fighting match.
In any prosecution for criminal homicide under Part 2 of this chapter or assault, it is no
defense to the prosecution that the defendant was a party to any duel, mutual combat, or other
consensual altercation if during the course of the duel, combat, or altercation any dangerous weapon
as defined in Section 76-1-601 was used or if the defendant was engaged in an ultimate fighting
match as defined in Section 76-9-705.
Section 5. Section 76-9-705 is enacted to read:
76-9-705. Participation in an ultimate fighting match.
(1) For purposes of this section, "ultimate fighting match" means a live match in which:
(a) an admission fee is charged;
(b) match rules permit professional contestants to use a combination of boxing, kicking,
wrestling, hitting, punching, or other combative, contact techniques; and
(c) match rules do not:
(i) incorporate a formalized system of combative techniques against which a contestant's
performance is judged to determine the prevailing contestant;
(ii) divide a match into two or more equal and specified time periods for a match total of no
more than 50 minutes; or
(iii) prohibit contestants from:
(A) using anything that is not part of the human body, except for boxing gloves, to
intentionally inflict serious bodily injury upon an opponent through direct contact or the expulsion
of a projectile;
(B) striking a person who demonstrates an inability to protect himself from the advances of
an opponent;
(C) biting; or
(D) direct, intentional, and forceful strikes to the eyes, groin area, adam's apple area of the
neck, and temple area of the head.
(2) Any person who publicizes, promotes, conducts, or engages in an ultimate fighting match
is guilty of a class A misdemeanor.
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