H.B. 27

1

THREAT OF TERRORISM PENALTY AMENDMENTS
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Eric K. Hutchings
5 Senate Sponsor: Stephen H. Urquhart
6
7 LONG TITLE
8 Committee Note:
9 The Law Enforcement and Criminal Justice Interim Committee recommended this bill.
10 General Description:
11 This bill modifies the Criminal Code regarding a threat to commit terrorism.
12 Highlighted Provisions:
13 This bill:
14 . provides that threatening to commit an act of terrorism with the intent to cause
15 action by an official or volunteer of any emergency agency is a class B
16 misdemeanor; and
17 . does not modify the felony penalties for acts that include intimidating the public,
18 affecting government conduct, or affecting the use of any building or public carrier.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 76-5-107.3, as enacted by Laws of Utah 2010, Chapter 334
26
27 Be it enacted by the Legislature of the state of Utah:

28 Section 1. Section 76-5-107.3 is amended to read:
29 76-5-107.3. Threat of terrorism -- Penalty.
30 (1) A person commits a threat of terrorism if the person threatens to commit any
31 offense involving bodily injury, death, or substantial property damage, and:
32 (a) (i) threatens the use of a weapon of mass destruction, as defined in Section
33 76-10-401 ; or
34 (ii) threatens the use of a hoax weapon of mass destruction, as defined in Section
35 76-10-401 ; or
36 (b) acts with intent to:
37 (i) intimidate or coerce a civilian population or to influence or affect the conduct of a
38 government or a unit of government;
39 (ii) prevent or interrupt the occupation of a building or a portion of the building, a
40 place to which the public has access, or a facility or vehicle of public transportation operated by
41 a common carrier; or
42 (iii) cause action of any nature by an official or volunteer agency organized to deal with
43 emergencies.
44 (2) (a) A violation of Subsection (1)(a) or (1)(b)(i) is a second degree felony.
45 (b) A violation of Subsection (1)(b)(ii) is a third degree felony.
46 (c) A violation of Subsection (1)(b)(iii) is a class B misdemeanor.
47 (3) It is not a defense under this section that the person did not attempt to carry out or
48 was incapable of carrying out the threat.
49 (4) A threat under this section may be express or implied.
50 (5) A person who commits an offense under this section is subject to punishment for
51 that offense, in addition to any other offense committed, including the carrying out of the
52 threatened act.
53 (6) In addition to any other penalty authorized by law, a court shall order any person
54 convicted of any violation of this section to reimburse any federal, state, or local unit of
55 government, or any private business, organization, individual, or entity for all expenses and
56 losses incurred in responding to the violation, unless the court states on the record the reasons
57 why the reimbursement would be inappropriate.

Legislative Review Note
as of 9-18-12 3:35 PM

Office of Legislative Research and General Counsel

[Bill Documents]