76-3-203.1.   Offenses committed in concert with two or more persons -- Notice -- Enhanced penalties.
     (1) (a) A person who commits any offense listed in Subsection (4) is subject to an enhanced penalty for the offense as provided in Subsection (3) if the trier of fact finds beyond a reasonable doubt that the person acted in concert with two or more persons.
     (b) "In concert with two or more persons" as used in this section means the defendant was aided or encouraged by at least two other persons in committing the offense and was aware that he was so aided or encouraged, and each of the other persons:
     (i) was physically present; or
     (ii) participated as a party to any offense listed in Subsection (4).
     (c) For purposes of Subsection (1)(b)(ii):
     (i) other persons participating as parties need not have the intent to engage in the same offense or degree of offense as the defendant; and
     (ii) a minor is a party if the minor's actions would cause him to be a party if he were an adult.
     (2) The prosecuting attorney, or grand jury if an indictment is returned, shall cause to be subscribed upon the information or indictment notice that the defendant is subject to the enhanced penalties provided under this section.
     (3) The enhanced penalty for a:
     (a) class B misdemeanor is a class A misdemeanor;
     (b) class A misdemeanor is a third degree felony;
     (c) third degree felony is a second degree felony;
     (d) second degree felony is a first degree felony; and
     (e) first degree felony is an indeterminate prison term of not less than five years in addition to the statutory minimum prison term for the offense, and which may be for life.
     (4) Offenses referred to in Subsection (1) are:
     (a) any criminal violation of Title 58, Chapter 37, 37a, 37b, or 37c, regarding drug-related offenses;
     (b) assault and related offenses under Title 76, Chapter 5, Part 1, Assault and Related Offenses;
     (c) any criminal homicide offense under Title 76, Chapter 5, Part 2, Criminal Homicide;
     (d) kidnapping and related offenses under Title 76, Chapter 5, Part 3, Kidnapping, Trafficking, and Smuggling;
     (e) any felony sexual offense under Title 76, Chapter 5, Part 4, Sexual Offenses;
     (f) sexual exploitation of a minor as defined in Section 76-5a-3;
     (g) any property destruction offense under Title 76, Chapter 6, Part 1, Property Destruction;
     (h) burglary, criminal trespass, and related offenses under Title 76, Chapter 6, Part 2, Burglary and Criminal Trespass;
     (i) robbery and aggravated robbery under Title 76, Chapter 6, Part 3, Robbery;
     (j) theft and related offenses under Title 76, Chapter 6, Part 4, Theft, or Part 6, Retail Theft;
     (k) any fraud offense under Title 76, Chapter 6, Part 5, except Sections 76-6-504, 76-6-505, 76-6-507, 76-6-508, 76-6-509, 76-6-510, 76-6-511, 76-6-512, 76-6-513, 76-6-514, 76-6-516, 76-6-517, 76-6-518, and 76-6-520;

     (l) any offense of obstructing government operations under Title 76, Chapter 8, Part 3, except Sections 76-8-302, 76-8-303, 76-8-304, 76-8-307, 76-8-308, and 76-8-312;
     (m) tampering with a witness or other violation of Section 76-8-508;
     (n) extortion or bribery to dismiss criminal proceeding as defined in Section 76-8-509;
     (o) any explosives offense under Title 76, Chapter 10, Part 3, Explosives;
     (p) any weapons offense under Title 76, Chapter 10, Part 5, Weapons;
     (q) pornographic and harmful materials and performances offenses under Title 76, Chapter 10, Part 12, Pornographic and Harmful Materials and Performances;
     (r) prostitution and related offenses under Title 76, Chapter 10, Part 13, Prostitution;
     (s) any violation of Title 76, Chapter 10, Part 15, Bus Passenger Safety Act;
     (t) any violation of Title 76, Chapter 10, Part 16, Pattern of Unlawful Activity Act;
     (u) communications fraud as defined in Section 76-10-1801;
     (v) any violation of Title 76, Chapter 10, Part 19, Money Laundering and Currency Transaction Reporting Act; and
     (w) burglary of a research facility as defined in Section 76-10-2002.
     (5) It is not a bar to imposing the enhanced penalties under this section that the persons with whom the actor is alleged to have acted in concert are not identified, apprehended, charged, or convicted, or that any of those persons are charged with or convicted of a different or lesser offense.

Amended by Chapter 157, 2009 General Session
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Last revised: Thursday, May 28, 2009