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Utah Criminal Code | |
Offenses Against Property | |
Section 111 | Wanton destruction of livestock -- Penalties -- Seizure and disposition of property. |
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76-6-111. Wanton destruction of livestock -- Penalties -- Seizure and disposition of
property. (1) As used in this section: (a) "Law enforcement officer" is as defined in Section 53-13-103. (b) "Livestock" means a domestic animal or fur bearer raised or kept for profit, including: (i) cattle; (ii) sheep; (iii) goats; (iv) swine; (v) horses; (vi) mules; (vii) poultry; and (viii) domesticated elk as defined in Section 4-39-102. (2) Unless authorized by Section 4-25-4, 4-25-5, 4-25-14, 4-39-401, or 18-1-3, a person is guilty of wanton destruction of livestock if that person: (a) injures, physically alters, releases, or causes the death of livestock; and (b) does so: (i) intentionally or knowingly; and (ii) without the permission of the owner of the livestock. (3) Wanton destruction of livestock is punishable as a: (a) class B misdemeanor if the aggregate value of the livestock is $500 or less; (b) class A misdemeanor if the aggregate value of the livestock is more than $500, but does not exceed $1,500; (c) third degree felony if the aggregate value of the livestock is more than $1,500, but does not exceed $5,000; and (d) second degree felony if the aggregate value of the livestock is more than $5,000. (4) A material, device, or vehicle used in violation of Subsection (2) is subject to forfeiture under the procedures and substantive protections established in Title 24, Chapter 1, Utah Uniform Forfeiture Procedures Act. (5) A peace officer may seize a material, device, or vehicle used in violation of Subsection (2): (a) upon notice and service of process issued by a court having jurisdiction over the property; or (b) without notice and service of process if: (i) the seizure is incident to an arrest under: (A) a search warrant; or (B) an inspection under an administrative inspection warrant; (ii) the material, device, or vehicle has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding under this section; or (iii) the peace officer has probable cause to believe that the property has been used in violation of Subsection (2). (6) (a) A material, device, or vehicle seized under this section is not repleviable but is in custody of the law enforcement agency making the seizure, subject only to the orders and decrees of a court or official having jurisdiction. (b) A peace officer who seizes a material, device, or vehicle under this section may: (i) place the property under seal; (ii) remove the property to a place designated by the warrant under which it was seized; or (iii) take custody of the property and remove it to an appropriate location for disposition in accordance with law.
Amended by Chapter 193, 2010 General Session |
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