H.B. 80 Enrolled

PENALTY FOR HARBORING A FUGITIVE
2000 GENERAL SESSION
STATE OF UTAH
Sponsor: Perry L. Buckner
AN ACT RELATING TO CRIMINAL LAW; AMENDING THE PENALTIES FOR
HARBORING, CONCEALING, OR AIDING A JUVENILE OR ADULT OFFENDER; AND
AMENDING THE DEFINITION OF ABSCONDING.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
62A-7-106, as enacted by Chapter 1, Laws of Utah 1988
76-8-306, as last amended by Chapter 51, Laws of Utah 1995
76-8-309.5, as last amended by Chapter 311, Laws of Utah 1997
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 62A-7-106 is amended to read:
62A-7-106. Aiding or concealing youth offender -- Trespass -- Criminal penalties.
(1) A person who commits any of the following offenses is guilty of a class A misdemeanor:
[(1) willfully aiding or assisting a youth offender who has been lawfully committed to a
secure facility, in escaping or attempting to escape from that facility;]
[(2) knowingly concealing a youth offender after his escape from a secure facility;]
[(3)] (a) entering, or attempting to enter, a building or enclosure appropriated to the use
of youth offenders, without permission;
[(4)] (b) entering any premises belonging to a secure facility and committing or attempting
to commit a trespass or depredation on those premises; or
[(5)] (c) willfully annoying or disturbing the peace and quiet of a secure facility or of a
youth offender in a secure facility.
(2) A person is guilty of a third degree felony who:
(a) knowingly harbors or conceals a youth offender who has:
(i) escaped from a secure facility; or
(ii) absconded from:

(A) a facility or supervision, as these offenses are defined in Subsections 76-8-309.5 (1) and
(2); or
(B) supervision of the Division of Youth Corrections; or
(b) willfully aided or assisted a youth offender who has been lawfully committed to a secure
facility in escaping or attempting to escape from that facility.
Section 2. Section 76-8-306 is amended to read:
76-8-306. Obstructing justice -- Penalties.
(1) A person is guilty of an offense if, with intent to hinder, prevent, or delay the discovery,
apprehension, prosecution, conviction, or punishment of another for the commission of a crime, he:
(a) knowing an offense has been committed, conceals it from a magistrate;
(b) harbors or conceals the offender;
(c) provides the offender a weapon[,];
(d) provides the offender transportation, disguise, or other means for avoiding discovery or
apprehension;
[(d)] (e) warns the offender of impending discovery or apprehension;
[(e)] (f) conceals, destroys, or alters any physical evidence that might aid in the discovery,
apprehension, or conviction of the [person] offender;
[(f)] (g) obstructs by force, intimidation, or deception anyone from performing an act that
might aid in the discovery, apprehension, prosecution, or conviction of the [person] offender; or
[(g)] (h) having knowledge that a law enforcement officer has been authorized or has applied
for authorization under either Section 77-23a-10 or 77-23a-15 to intercept a wire, electronic, or oral
communication, gives notice or attempts to give notice of the possible interception to any person.
(2) [An] Except as provided under Subsection (3), an offense under [Subsections]:
(a) Subsection (1)(a) or Subsections (1)(d) through [(f)] (g) is a class B misdemeanor[, unless
the actor];
(b) Subsection (1)(b) regarding harboring or concealing the offender is a class A
misdemeanor, except as provided in Subsection (6); and
(c) Subsection (1)(c) regarding providing a weapon is a third degree felony.

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(3) (a) If the person committing an offense under Subsection (1)(a) or Subsections (1)(d)
through (g) knows that the offender has committed a second or third degree felony, the offense is a
class A misdemeanor.
(b) If the person committing an offense under Subsection (1)(b) regarding harboring or
concealing the offender knows the offender has committed a second or third degree felony, the
offense is a third degree felony.
(c) If the person committing an offense under Subsection (1)(c) regarding providing a
weapon knows the offender has committed a second or third degree felony, the offense is a second
degree felony.
(d) If the person committing an offense under Subsections (1)(a) through (g) knows the
offender has committed a capital offense or a felony of the first degree, [in which case] the offense
is a second degree felony.
[(3)] (4) An offense under Subsection (1)[(g)](h) is a third degree felony.
[(4)] (5) Subsection (1)(f) does not apply to an act against a juror. Obstructing the function
of a juror is addressed in Section 76-8-508.5 .
(6) A person is guilty of a third degree felony who:
(a) harbors or conceals an offender who has absconded from a facility or from supervision
as these offenses are defined in Section 76-8-309.5 ; or
(b) has escaped from official custody as defined in Section 76-8-309 .
[(5)] (7) The provisions of Section 76-8-316 [shall] govern an act or threat against a judge
or a member of the Board of Pardons and Parole or the judge's or member's immediate family.
Section 3. Section 76-8-309.5 is amended to read:
76-8-309.5. Absconding -- Definitions -- Penalty.
(1) An offender absconds from a facility when he:
(a) leaves the facility without permission; or
(b) fails to return at a prescribed time.
(2) An offender absconds from supervision when he [willfully]:
(a) changes his residence from the residence that he reported as his correct address to another

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residence, without notifying his parole officer or obtaining permission[.]; or
(b) for the purpose of avoiding supervision:
(i) hides at a different location from his reported residence; or
(ii) leaves his reported residence.
(3) Absconding is a third degree felony.
(4) For the purposes of this section:
(a) "Facility" means a residential facility owned, operated, leased, or contracted by the
Department of Corrections or a county to provide housing, programming, or treatment of individuals
who have been placed on parole.
(b) "Offender" means a person who has been convicted of a crime and has been:
(i) sent to a facility;
(ii) placed on parole under condition that he report to a parole officer on a regular basis or
that he serve periods of confinement during his parole period or that he attend classes or treatment
as a condition of parole; or
(iii) released for a period during confinement for work, school, treatment, or other temporary
nonconfinement purposes.

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