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First Substitute H.B. 54
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5 AN ACT RELATING TO CRIMINAL CODE; PROVIDING CLARIFICATION AND
6 UNIFORMITY BY AMENDING PROVISIONS ENHANCING OFFENSES FOR THE USE
7 OF DANGEROUS WEAPONS; AND MAKING TECHNICAL CORRECTIONS.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 4-32-14, as last amended by Chapter 144, Laws of Utah 1990
11 58-37d-5, as enacted by Chapter 156, Laws of Utah 1992
12 76-3-203, as last amended by Chapter 244, Laws of Utah 1995
13 76-3-203.2, as last amended by Chapter 134, Laws of Utah 1994
14 76-5-107.5, as enacted by Chapter 59, Laws of Utah 1989
15 76-5-109, as last amended by Chapter 192, Laws of Utah 1992
16 76-5-111, as enacted by Chapter 130, Laws of Utah 1996
17 76-5-405, as last amended by Chapter 40, Laws of Utah 1996
18 76-6-412, as last amended by Chapter 139, Laws of Utah 1996
19 76-8-309, as repealed and reenacted by Chapter 104, Laws of Utah 1996
20 76-8-310, as last amended by Chapter 104, Laws of Utah 1996
21 76-9-101, as last amended by Chapter 32, Laws of Utah 1974
22 76-10-503, as last amended by Chapters 19 and 149, Laws of Utah 1994
23 76-10-504, as repealed and reenacted by Chapter 80, Laws of Utah 1995
24 76-10-505.5, as last amended by Chapter 234, Laws of Utah 1993
25 76-10-1504, as enacted by Chapter 72, Laws of Utah 1979
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 4-32-14 is amended to read:
1 4-32-14. Attempt to bribe state officer or employee -- Acceptance of bribe --
2 Interference with official duties -- Penalties.
3 (1) (a) Any person who gives, pays, or offers, directly or indirectly, any money or other
4 thing of value, to any officer or employee of this state who is authorized to perform any duties
5 under this chapter, with the intent to influence the officer or employee in the discharge of his duty,
6 is guilty of a felony of the third degree, and upon conviction, shall be punished by a fine of not
7 more than $5,000 or imprisonment of not more than five years, or both.
8 (b) An officer or employee of this state authorized to perform duties under this chapter
9 who accepts money, a gift, or other thing of value from any person given with intent to influence
10 his official action, is guilty of a felony of the third degree and shall, upon conviction, be
11 discharged from office, fined in an amount of not more than $5,000, or imprisoned for not more
12 than five years, or both.
13 (2) (a) Any person who assaults, h [
13a interferes with any
14 person engaged in the performance of official duties under this chapter, with or without a
15 dangerous or deadly weapon, is guilty of a felony of the third degree and upon conviction shall be
16 punished by a fine of not more than $5,000, or by imprisonment of not more than five years, or
17 both.
18 (b) Any person who, in the commission of any [
19 Subsection (2) of this section, uses a [
20 is guilty of a felony of the second degree and upon conviction shall be punished by a fine of not
21 more than $10,000, or by imprisonment for a period of not more than ten years, or both.
22 (c) Any person who kills another person engaged in the performance of official duties
23 under this chapter shall be punished as provided in Section 76-5-202.
24 Section 2. Section 58-37d-5 is amended to read:
25 58-37d-5. Prohibited acts -- First degree felony.
26 (1) A person who violates Subsection 58-37d-4(1)(a), (b), or (e) is guilty of a first degree
27 felony if the trier of fact also finds any one of the following conditions occurred in conjunction
28 with that violation:
29 (a) [
30 76-1-601;
31 (b) use of a booby trap;
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1 (c) illegal possession, transportation, or disposal of hazardous or dangerous material or
2 while transporting or causing to be transported materials in furtherance of a clandestine laboratory
3 operation, there was created a substantial risk to human health or safety or a danger to the
4 environment;
5 (d) intended laboratory operation was to take place or did take place within 500 feet of a
6 residence, place of business, church, or school;
7 (e) any phase of the clandestine laboratory operation involved a person less than 18 years
8 of age;
9 (f) clandestine laboratory operation actually produced any amount of a specified controlled
10 substance; or
11 (g) intended clandestine laboratory operation was for the production of cocaine base or
12 methamphetamine base.
13 (2) If the trier of fact finds that two or more of the conditions listed in Subsections (1)(a)
14 through (g) of this section occurred in conjunction with the violation, at sentencing for the first
15 degree felony:
16 (a) probation shall not be granted;
17 (b) the execution or imposition of sentence shall not be suspended; and
18 (c) the court shall not enter a judgment for a lower category of offense.
19 Section 3. Section 76-3-203 is amended to read:
20 76-3-203. Felony conviction -- Indeterminate term of imprisonment -- Increase of
21 sentence if dangerous weapon used.
22 A person who has been convicted of a felony may be sentenced to imprisonment for an
23 indeterminate term as follows:
24 (1) In the case of a felony of the first degree, for a term at not less than five years, unless
25 otherwise specifically provided by law, and which may be for life but if the trier of fact finds a
26 dangerous weapon [
27 defined in Section 76-1-601, was used in the commission or furtherance of the felony, the court
28 shall additionally sentence the person convicted for a term of one year to run consecutively and
29 not concurrently; and the court may additionally sentence the person convicted for an
30 indeterminate term not to exceed five years to run consecutively and not concurrently.
31 (2) In the case of a felony of the second degree, for a term at not less than one year nor
1 more than 15 years but if the trier of fact finds a dangerous weapon [
2
3 commission or furtherance of the felony, the court shall additionally sentence the person convicted
4 for a term of one year to run consecutively and not concurrently; and the court may additionally
5 sentence the person convicted for an indeterminate term not to exceed five years to run
6 consecutively and not concurrently.
7 (3) In the case of a felony of the third degree, for a term not to exceed five years but if the
8 trier of fact finds a dangerous weapon [
9 as [
10 felony, the court may additionally sentence the person convicted for an indeterminate term not to
11 exceed five years to run consecutively and not concurrently.
12 (4) Any person who has been sentenced to a term of imprisonment for a felony in which
13 a dangerous weapon, as [
14 accomplishment of the felony and is convicted of another felony when a dangerous weapon was
15 used or involved in the accomplishment of the felony shall, in addition to any other sentence
16 imposed, be sentenced for an indeterminate term to be not less than five nor more than ten years
17 to run consecutively and not concurrently.
18 Section 4. Section 76-3-203.2 is amended to read:
19 76-3-203.2. Definitions -- Use of dangerous weapon in offenses committed on or
20 about school premises -- Enhanced penalties.
21 (1) (a) "On or about school premises" as used in this section and Section 76-10-505.5
22 means any of the following:
23 (i) in a public or private elementary, secondary, or on the grounds of any of those schools;
24 (ii) in a public or private vocational school or postsecondary institution or on the grounds
25 of any of those schools or institutions;
26 (iii) in those portions of any building, park, stadium, or other structure or grounds which
27 are, at the time of the act, being used for an activity sponsored by or through a school or institution
28 under Subsections (1)(a)(i) and (ii);
29 (iv) in or on the grounds of a preschool or child-care facility; and
30 (v) within 1,000 feet of any structure, facility, or grounds included in Subsections (1)(a)(i),
31 (ii), (iii), and (iv).
1 (b) As used in this section:
2 (i) "Educator" means any person who is employed by a public school district and who is
3 required to hold a certificate issued by the State Board of Education in order to perform duties of
4 employment.
5 (ii) "Within the course of employment" means that an educator is providing services or
6 engaging in conduct required by the educator's employer to perform the duties of employment.
7 (2) Any person who, on or about school premises, commits any offense and uses or
8 threatens to use a [
9 in the commission of the offense is subject to an enhanced degree of offense as provided in
10 Subsection (4).
11 (3) (a) Any person who commits an offense against an educator when the educator is
12 acting within the course of employment is subject to an enhanced degree of offense as provided
13 in Subsection (4).
14 (b) As used in Subsection (3)(a), "offense" means an offense under Title 76, Chapter 5,
15 Offenses Against The Person; and
16 (c) an offense under Title 76, Chapter 6, Part 3, Robbery.
17 (4) The enhanced degree of offense for offenses committed under this section are:
18 (a) if the offense is otherwise a class B misdemeanor it is a class A misdemeanor;
19 (b) if the offense is otherwise a class A misdemeanor it is a third degree felony;
20 (c) if the offense is otherwise a third degree felony it is a second degree felony; or
21 (d) if the offense is otherwise a second degree felony it is a first degree felony.
22 (5) The enhanced penalty for a first degree felony offense of a convicted person:
23 (a) shall be imprisonment for a term of not less than five years and which may be for life,
24 and imposition or execution of the sentence may not be suspended unless the court finds that the
25 interests of justice would be best served and states the specific circumstances justifying the
26 disposition on the record; and
27 (b) shall be subject also to the firearm enhancement provided in Section 76-3-203 [
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29 firearm.
30 (6) (a) The prosecuting attorney, or grand jury if an indictment is returned, shall provide
31 notice upon the information or indictment that the defendant is subject to the enhanced degree of
1 offense or penalty under Subsection (4) or (5). The notice shall be in a clause separate from and
2 in addition to the substantive offense charged.
3 (b) If the notice is not included initially, the court may subsequently allow the prosecutor
4 to amend the charging documents to include the notice if the court finds the charging document,
5 including any statement of probable cause, provide notice to the defendant of the allegation he
6 committed the offense on or about school premises, or if the court finds the defendant has not
7 otherwise been substantially prejudiced by the omission.
8 [
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11a h (7) IN CASES WHERE AN OFFENSE IS ENHANCED PURSUANT TO THIS SECTION, THE
11b OFFENSE SHALL NOT BE SUBJECT TO THE DANGEROUS WEAPON ENHANCEMENT IN SECTION
11c 76-3-203. h
12 Section 5. Section 76-5-107.5 is amended to read:
13 76-5-107.5. Prohibition of "hazing" -- Definitions -- Penalties.
14 (1) "Hazing" means any action or situation that, for the purpose of initiation, admission
15 into, affiliation with, or as a condition for continued membership in any organization:
16 (a) recklessly or intentionally endangers the mental or physical health or safety of any
17 person;
18 (b) willfully destroys or removes public or private property;
19 (c) involves any brutality of a physical nature such as whipping, beating, branding, forced
20 calisthenics, or exposure to the elements;
21 (d) involves forced consumption of any food, liquor, drug, or other substance or any other
22 forced physical activity that could adversely affect the physical health and safety of the individual;
23 (e) involves any activity that would subject the individual to extreme mental stress, such
24 as sleep deprivation, forced exclusion from social contact, forced conduct that could result in
25 extreme embarrassment, or any other forced activity that could adversely affect the mental health
26 or dignity of the individual; or
27 (f) involves brutality toward or willful mistreatment of any animal.
28 (2) Under Subsection (1) any activity as described upon which the initiation, admission
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29 into, affiliation with, or continued membership in an organization is directly or indirectly
30 conditioned is presumed to be "forced."
31 (3) An actor who recklessly, knowingly, or intentionally hazes another is guilty of a:
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1 (a) class B misdemeanor if there are no aggravating circumstances;
2 (b) class A misdemeanor if the act of hazing involves the operation or other use of a motor
3 vehicle;
4 (c) third degree felony if the act of hazing involves the use of a [
5 weapon as defined in Section 76-1-601;
6 (d) third degree felony if the hazing results in serious bodily injury to a person; or
7 (e) second degree felony if hazing under Subsection (d) involves the use of a [
8 dangerous weapon as defined in Section 76-1-601.
9 (4) A person who in good faith reports or participates in reporting of an alleged hazing is
10 not subject to any civil or criminal liability regarding the reporting.
11 Section 6. Section 76-5-109 is amended to read:
12 76-5-109. Child abuse.
13 (1) As used in this section:
14 (a) "Child" means a human being who is 17 years of age or less.
15 (b) "Physical injury" means an injury to or condition of a child which impairs the physical
16 condition of the child, including:
17 (i) a bruise or other contusion of the skin;
18 (ii) a minor laceration or abrasion;
19 (iii) failure to thrive or malnutrition; or
20 (iv) any other condition which imperils the child's health or welfare and which is not a
21 serious physical injury as defined in this section.
22 (c) "Serious physical injury" means any physical injury or set of injuries which seriously
23 impairs the child's health, or which involves physical torture or causes serious emotional harm to
24 the child, or which involves a substantial risk of death to the child, including:
25 (i) fracture of any bone or bones;
26 (ii) intracranial bleeding, swelling or contusion of the brain, whether caused by blows,
27 shaking, or causing the child's head to impact with an object or surface;
28 (iii) any burn, including burns inflicted by hot water, or those caused by placing a hot
29 object upon the skin or body of the child;
30 (iv) any injury caused by use of a [
31 76-1-601;
1 (v) any combination of two or more physical injuries inflicted by the same person, either
2 at the same time or on different occasions;
3 (vi) any damage to internal organs of the body;
4 (vii) any conduct toward a child which results in severe emotional harm, severe
5 developmental delay or retardation, or severe impairment of the child's ability to function;
6 (viii) any injury which creates a permanent disfigurement or protracted loss or impairment
7 of the function of a bodily member, limb, or organ;
8 (ix) any conduct which causes a child to cease breathing, even if resuscitation is successful
9 following the conduct; or
10 (x) any conduct which results in starvation or failure to thrive or malnutrition that
11 jeopardizes the child's life.
12 (2) Any person who inflicts upon a child serious physical injury or, having the care or
13 custody of such child, causes or permits another to inflict serious physical injury upon a child is
14 guilty of an offense as follows:
15 (a) if done intentionally or knowingly, the offense is a felony of the second degree;
16 (b) if done recklessly, the offense is a felony of the third degree; or
17 (c) if done with criminal negligence, the offense is a class A misdemeanor.
18 (3) Any person who inflicts upon a child physical injury or, having the care or custody of
19 such child, causes or permits another to inflict physical injury upon a child is guilty of an offense
20 as follows:
21 (a) if done intentionally or knowingly, the offense is a class A misdemeanor;
22 (b) if done recklessly, the offense is a class B misdemeanor; or
23 (c) if done with criminal negligence, the offense is a class C misdemeanor.
24 (4) Criminal actions under this section may be prosecuted in the county or district where
25 the offense is alleged to have been committed, where the existence of the offense is discovered,
26 where the victim resides, or where the defendant resides.
27 Section 7. Section 76-5-111 is amended to read:
28 76-5-111. Abuse, neglect, or exploitation of a disabled or elder adult.
29 (1) As used in this section:
30 (a) "Abuse" means:
31 (i) attempting to cause, or causing physical harm;
1 (ii) placing another in fear of imminent physical harm;
2 (iii) physical injury caused by acts or omissions;
3 (iv) unlawful detention or unreasonable confinement;
4 (v) gross lewdness; or
5 (vi) deprivation of life-sustaining treatment, except:
6 (A) as provided in Title 75, Chapter 2, Part 11, Personal Choice and Living Will Act; or
7 (B) when informed consent has been obtained.
8 (b) "Business relationship" means a relationship between two or more individuals or
9 entities where there exists an oral or written agreement for goods or services.
10 (c) "Caretaker" means any person, corporation, or public institution that has assumed by
11 relationship, contract, or court order the responsibility to provide a disabled or elder adult with
12 food, shelter, clothing, medical care, or other necessities.
13 (d) "Deception" means:
14 (i) a misrepresentation or concealment:
15 (A) of a material fact relating to services rendered, disposition of property, or use of
16 property intended to benefit a disabled or elder adult;
17 (B) of the terms of a contract or agreement entered into with a disabled or elder adult; or
18 (C) relating to the existing or preexisting condition of any property involved in a contract
19 or agreement entered into with a disabled or elder adult; or
20 (ii) the use or employment of any misrepresentation, false pretense, or false promise in
21 order to induce, encourage, or solicit a disabled or elder adult to enter into a contract or agreement.
22 (e) "Disabled adult" means a person 18 years of age or older who is impaired because of
23 mental illness, mental deficiency, physical illness or disability, or other cause to the extent that the
24 person lacks sufficient understanding or capacity to make or communicate informed decisions
25 concerning his person, or is unable to care for his own personal safety or provide necessities such
26 as food, shelter, clothing, or medical care, without which physical injury or illness may occur. A
27 person who is, in good faith, under treatment solely of a spiritual means, through prayer, in
28 accordance with the tenets and practices of a recognized church or religious denomination, and by
29 an accredited practitioner thereof, shall not be considered a disabled adult for that reason alone.
30 (f) "Elder adult" means a person who is 65 years of age or older.
31 (g) "Endeavor" means to attempt or try.
1 (h) "Informed consent" means:
2 (i) a written expression by the person or authorized by the person, stating that he fully
3 understands the potential risks and benefits of the withdrawal of food, water, medication, medical
4 services, shelter, cooling, heating, or other services necessary to maintain minimum physical or
5 mental health, and that he desires that the services be withdrawn. A written expression is valid
6 only if the person is of sound mind when the consent is given, and the consent is witnessed by at
7 least two individuals who do not benefit from the withdrawal of services; or
8 (ii) consent to withdraw food, water, medication, medical services, shelter, cooling,
9 heating, or other services necessary to maintain minimum physical or mental health, as permitted
10 by court order.
11 (i) "Intimidation" means communication by word or act to a disabled or elder adult that
12 he will be deprived of money, food, clothing, medicine, shelter, supervision, or medical services,
13 or that he will suffer physical violence.
14 (j) "Lacks capacity to consent" means an impairment by reason of mental illness,
15 developmental disability, organic brain disorder, physical illness or disability, chronic use of
16 drugs, chronic intoxication, short-term memory loss, or other cause to the extent that a disabled
17 or elder adult lacks sufficient understanding of the nature or consequences of decisions concerning
18 his person or property.
19 (k) "Neglect" means:
20 (i) the failure of a caretaker to provide habilitation, care, nutrition, clothing, shelter,
21 supervision, or medical care; or
22 (ii) a pattern of conduct, without the disabled or elder adult's informed consent, resulting
23 in deprivation of food, water, medication, medical services, shelter, cooling, heating, or other
24 services necessary to maintain minimum physical or mental health.
25 (l) "Physical injury" means the impairment of physical condition and includes any skin
26 bruising, pressure sores, bleeding, malnutrition, dehydration, burns, bone fracture, subdural
27 hematoma, soft tissue swelling, injury to any internal organ, or any physical condition that imperils
28 the health or welfare of the disabled or elder adult and that is not a serious physical injury.
29 (m) "Position of trust and confidence" means the position of a person who:
30 (i) is a parent, spouse, adult child, or other relative by blood or marriage of a disabled or
31 elder adult;
1 (ii) is a joint tenant or tenant in common with a disabled or elder adult;
2 (iii) has a legal or fiduciary relationship with a disabled or elder adult, including a
3 court-appointed or voluntary guardian, trustee, attorney, or conservator; or
4 (iv) is a caretaker of a disabled or elder adult.
5 (n) "Serious physical injury" means any physical injury or set of physical injuries that:
6 (i) seriously impairs a disabled or elder adult's health;
7 (ii) was caused by use of a [
8 (iii) involves physical torture or causes serious emotional harm to a disabled or elder adult;
9 or
10 (iv) creates a reasonable risk of death.
11 (o) "Sexual exploitation" means the production, distribution, possession, or possession
12 with the intent to distribute material or a live performance depicting a nude or partially nude
13 disabled or elder adult who lacks the capacity to consent, for the purpose of sexual arousal of any
14 person.
15 (2) Under any circumstances likely to produce death or serious physical injury, any person,
16 including a caretaker, who causes a disabled or elder adult to suffer serious physical injury or,
17 having the care or custody of a disabled or elder adult, causes or permits that adult's person or
18 health to be injured, or causes or permits a disabled or elder adult to be placed in a situation where
19 his person or health is endangered, is guilty of the offense of aggravated abuse of a disabled or
20 elder adult as follows:
21 (a) if done intentionally or knowingly, the offense is a second degree felony;
22 (b) if done recklessly, the offense is third degree felony; and
23 (c) if done with criminal negligence, the offense is a class A misdemeanor.
24 (3) Under circumstances other than those likely to produce death or serious physical injury
25 any person, including a caretaker, who causes a disabled or elder adult to suffer physical injury,
26 abuse, or neglect, or having the care or custody of a disabled or elder adult, causes or permits that
27 adult's person or health to be injured, abused, or neglected, or causes or permits a disabled or elder
28 adult to be placed in a situation where his person or health is endangered, is guilty of the offense
29 of abuse of a disabled or elder adult as follows:
30 (a) if done intentionally or knowingly, the offense is a class A misdemeanor;
31 (b) if done recklessly, the offense is a class B misdemeanor; and
1 (c) if done with criminal negligence, the offense is a class C misdemeanor.
2 (4) (a) A person commits the offense of exploitation of a disabled or elder adult when the
3 person:
4 (i) is in a position of trust and confidence, or has a business relationship, with the disabled
5 or elder adult and knowingly, by deception or intimidation, obtains or uses, or endeavors to obtain
6 or use, the disabled or elder adult's funds, credit, assets, or other property with the intent to
7 temporarily or permanently deprive the disabled or elder adult of the use, benefit, or possession
8 of his property, for the benefit of someone other than the disabled or elder adult;
9 (ii) knows or should know that the disabled or elder adult lacks the capacity to consent,
10 and obtains or uses, or endeavors to obtain or use, or assists another in obtaining or using or
11 endeavoring to obtain or use, the disabled or elder adult's funds, assets, or property with the intent
12 to temporarily or permanently deprive the disabled or elder adult of the use, benefit, or possession
13 of his property for the benefit of someone other than the disabled or elder adult;
14 (iii) unjustly or improperly uses or manages the resources of a disabled or elder adult for
15 the profit or advantage of someone other than the disabled or elder adult;
16 (iv) unjustly or improperly uses a disabled or elder adult's power of attorney or
17 guardianship for the profit or advantage of someone other than the disabled or elder adult;
18 (v) involves a disabled or elder adult who lacks the capacity to consent in the facilitation
19 or furtherance of any criminal activity; or
20 (vi) commits sexual exploitation of a disabled or elder adult.
21 (b) A person is guilty of the offense of exploitation of a disabled or elder adult as follows:
22 (i) if done intentionally or knowingly and the aggregate value of the resources used or the
23 profit made is or exceeds $5,000, the offense is a second degree felony;
24 (ii) if done intentionally or knowingly and the aggregate value of the resources used or the
25 profit made is less than $5,000 or cannot be determined, the offense is a third degree felony;
26 (iii) if done recklessly, the offense is a class A misdemeanor; or
27 (iv) if done with criminal negligence, the offense is a class B misdemeanor.
28 (5) It does not constitute a defense to a prosecution for any violation of this section that
29 the accused did not know the age of the victim.
30 Section 8. Section 76-5-405 is amended to read:
31 76-5-405. Aggravated sexual assault.
1 (1) A person commits aggravated sexual assault if in the course of a rape or attempted
2 rape, object rape or attempted object rape, forcible sodomy or attempted forcible sodomy, or
3 forcible sexual abuse or attempted forcible sexual abuse the actor:
4 (a) causes bodily injury to the victim;
5 (b) uses or threatens the victim [
6 76-1-601;
7 (c) compels, or attempts to compel, the victim to submit to rape, object rape, forcible
8 sodomy, or forcible sexual abuse, by threat of kidnaping, death, or serious bodily injury to be
9 inflicted imminently on any person; or
10 (d) is aided or abetted by one or more persons.
11 (2) Aggravated sexual assault is a first degree felony punishable by imprisonment for an
12 indeterminate term of not less than 6, 10, or 15 years and which may be for life. Imprisonment is
13 mandatory in accordance with Section 76-3-406.
14 Section 9. Section 76-6-412 is amended to read:
15 76-6-412. Theft -- Classification of offenses -- Action for treble damages against
16 receiver of stolen property.
17 (1) Theft of property and services as provided in this chapter shall be punishable:
18 (a) as a felony of the second degree if the:
19 (i) value of the property or services is or exceeds $5,000;
20 (ii) property stolen is a firearm or an operable motor vehicle;
21 (iii) actor is armed with a [
22 the time of the theft; or
23 (iv) property is stolen from the person of another;
24 (b) as a felony of the third degree if the:
25 (i) value of the property or services is or exceeds $1,000 but is less than $5,000;
26 (ii) actor has been twice before convicted of theft, any robbery, or any burglary with intent
27 to commit theft; or
28 (iii) property taken is a stallion, mare, colt, gelding, cow, heifer, steer, ox, bull, calf, sheep,
29 goat, mule, jack, jenny, swine, or poultry;
30 (c) as a class A misdemeanor if the value of the property stolen is or exceeds $300 but is
31 less than $1,000; or
1 (d) as a class B misdemeanor if the value of the property stolen is less than $300.
2 (2) Any person who has been injured by a violation of Subsection 76-6-408(1) may bring
3 an action against any person mentioned in Subsection 76-6-408(2)(d) for three times the amount
4 of actual damages, if any sustained by the plaintiff, and for costs of suit and reasonable attorneys'
5 fees.
6 Section 10. Section 76-8-309 is amended to read:
7 76-8-309. Escape and aggravated escape -- Consecutive sentences -- Definitions.
8 (1) A prisoner is guilty of escape if he leaves official custody without authorization.
9 (2) A prisoner is guilty of aggravated escape if in the commission of an escape he uses a
10 dangerous weapon [
11 injury to another.
12 (3) Aggravated escape is a first degree felony.
13 (4) Any other escape is a third degree felony.
14 (5) Any prison term imposed upon a prisoner for escape under this section shall run
15 consecutively with any other sentence.
16 (6) For the purposes of this part:
17 (a) "Confinement" means:
18 (i) housed in a state prison after being sentenced and committed and the sentence has not
19 been terminated or voided or the prisoner is not on parole;
20 (ii) lawfully detained in a county jail prior to trial or sentencing or housed in a county jail
21 after sentencing and commitment and the sentence has not been terminated or voided or the
22 prisoner is not on parole; or
23 (iii) lawfully detained following arrest.
24 (b) "Official custody" means arrest, whether with or without warrant, or confinement in
25 a state prison, jail, institution for secure confinement of juvenile offenders, or any confinement
26 pursuant to an order of the court or sentenced and committed and the sentence has not been
27 terminated or voided or the prisoner is not on parole. A person is considered confined in the state
28 prison if he:
29 (i) without authority fails to return to his place of confinement from work release or home
30 visit by the time designated for return;
31 (ii) is in prehearing custody after arrest for parole violation;
1 (iii) is being housed in a county jail, after felony commitment, pursuant to a contract with
2 the Department of Corrections; or
3 (iv) is being transported as a prisoner in the state prison by correctional officers.
4 (c) "Prisoner" means any person who is in official custody and includes persons under
5 trusty status.
6 Section 11. Section 76-8-310 is amended to read:
7 76-8-310. Aiding escape.
8 (1) A person is guilty of aiding escape if:
9 (a) the person aids another person to escape from official custody as defined in Section
10 76-8-309; or
11 (b) the person knowingly provides a person in official custody with an item which may
12 facilitate the escape of such person; or
13 (c) being a person in official custody, the person knowingly procures, makes, or possesses
14 an item which may facilitate escape.
15 (2) An offense under this section is a second degree felony if:
16 (a) the actor is a public servant whose duty is to detain persons arrested for offenses or
17 convictions of crime who knowingly facilitates, aids, or permits an escape from official custody;
18 or
19 (b) the person provides a dangerous weapon, as defined in Section 76-1-601, to facilitate
20 the escape; or
21 (c) the person causes serious bodily injury to another to aid the escape.
22 (3) Any other offense under this section is a third degree felony.
23 Section 12. Section 76-9-101 is amended to read:
24 76-9-101. Riot.
25 (1) A person is guilty of riot if:
26 (a) simultaneously with two or more other persons he engages in tumultuous or violent
27 conduct and thereby knowingly or recklessly creates a substantial risk of causing public alarm; or
28 (b) he assembles with two or more other persons with the purpose of engaging, soon
29 thereafter, in tumultuous or violent conduct, knowing, that two or more other persons in the
30 assembly have the same purpose; or
31 (c) he assembles with two or more other persons with the purpose of committing an
1 offense against a person or property of another who he supposes to be guilty of a violation of law,
2 believing that two or more other persons in the assembly have the same purpose.
3 (2) Any person who refuses to comply with a lawful order to withdraw given to him
4 immediately prior to, during, or immediately following a violation of [
5 is guilty of riot. It is no defense to a prosecution under this [
6 withdrawal must take place over private property; provided, however, that no persons so
7 withdrawing shall incur criminal or civil liability by virtue of acts reasonably necessary to
8 accomplish the withdrawal.
9 (3) Riot is a felony of the third degree if, in the course of and as a result of the conduct,
10 any person suffers bodily injury, or substantial property damage, arson occurs or the defendant was
11 armed with a [
12 B misdemeanor.
13 Section 13. Section 76-10-503 is amended to read:
14 76-10-503. Purchase or possession of dangerous weapon/handgun -- Persons not
15 permitted to have -- Penalties.
16 (1) (a) Any person who has been convicted of any crime of violence under the laws of the
17 United States, this state, or any other state, government, or country, or who is addicted to the use
18 of any narcotic drug, or who has been declared mentally incompetent may not own or have in his
19 possession or under his custody or control any dangerous weapon as defined in [
20 76-10-501.
21 (b) Any person who violates this subsection is guilty of a class A misdemeanor, and if the
22 dangerous weapon is a firearm or sawed-off shotgun, he is guilty of a third degree felony.
23 (2) (a) Any person who is on parole or probation for a felony may not have in his
24 possession or under his custody or control any dangerous weapon as defined in [
25 76-10-501.
26 (b) Any person who violates this subsection is guilty of a third degree felony, but if the
27 dangerous weapon is a firearm, explosive, or incendiary device he is guilty of a second degree
28 felony.
29 (3) (a) A person may not purchase, possess, or transfer any handgun described in this part
30 who:
31 (i) has been convicted of any felony offense under the laws of the United States, this state,
1 or any other state;
2 (ii) is under indictment;
3 (iii) is an unlawful user of a controlled substance as defined in Section 58-37-2;
4 (iv) is a drug dependent person as defined in Section 58-37-2;
5 (v) has been adjudicated as mentally defective, as provided in the Brady Handgun
6 Violence Prevention Act, Pub. L. No. 103-159, 107 Stat. 1536 (1993), or has been committed to
7 a mental institution;
8 (vi) is an alien who is illegally or unlawfully in the United States;
9 (vii) has been discharged from the Armed Forces under dishonorable conditions; or
10 (viii) is a person who, having been a citizen of the United States, has renounced such
11 citizenship.
12 (b) Any person who violates this Subsection (3) is guilty of a third degree felony.
13 Section 14. Section 76-10-504 is amended to read:
14 76-10-504. Carrying concealed dangerous weapon.
15 (1) Except as provided in Section 76-10-503 and in Subsections (2) and (3):
16 (a) a person who carries a concealed dangerous weapon, as defined in Section 76-10-501,
17 which is not a firearm on his person or one that is readily accessible for immediate use which is
18 not securely encased, as defined in this part, in a place other than his residence, property, or
19 business under his control is guilty of a class B misdemeanor[
20 (b) a person without a valid concealed firearm permit who carries a concealed dangerous
21 weapon which is a firearm and that contains no ammunition is guilty of a class B misdemeanor,
22 but if the firearm contains ammunition the person is guilty of a class A misdemeanor.
23 (2) A person who carries concealed a sawed-off shotgun or a sawed-off rifle is guilty of
24 a second degree felony.
25 (3) If the concealed firearm is used in the commission of a crime of violence as defined
26 in Section 76-10-501, and the person is a party to the offense, the person is guilty of a second
27 degree felony.
28 (4) Nothing in Subsection (1) shall prohibit a person engaged in the lawful taking of
29 protected or unprotected wildlife as defined in Title 23 from carrying a concealed weapon or a
30 concealed firearm with a barrel length of four inches or greater as long as the taking of wildlife
31 does not occur:
1 (a) within the limits of a municipality in violation of that municipality's ordinances; or
2 (b) upon the highways of the state as defined in Section 41-6-1.
3 Section 15. Section 76-10-505.5 is amended to read:
4 76-10-505.5. Possession of a dangerous weapon, firearm, or sawed-off shotgun on or
5 about school premises -- Penalty.
6 (1) A person may not possess any dangerous weapon, firearm, or sawed-off shotgun, as
7 those terms are defined in Section 76-10-501, at a place that the person knows, or has reasonable
8 cause to believe, is on or about school premises.
9 (2) (a) Possession of a dangerous weapon on or about school premises is a class B
10 misdemeanor.
11 (b) Possession of a firearm or sawed-off shotgun on or about school premises is a class A
12 misdemeanor.
13 (3) This section applies to any person, except persons authorized to possess a firearm as
14 provided under Sections 53-5-704, 53-5-705, 53A-3-502, [
15 Subsection 76-10-504(2) and as otherwise authorized by law.
16 (4) This section does not prohibit prosecution of a more serious weapons offense that may
17 occur on or about school premises.
18 Section 16. Section 76-10-1504 is amended to read:
19 76-10-1504. Bus hijacking -- Assault with intent to commit hijacking -- Dangerous
20 weapon or firearm.
21 (1) A person is guilty of bus hijacking if he seizes or exercises control, by force or violence
22 or threat of force or violence, of any bus within the state. Bus hijacking is a first degree felony.
23 (2) A person is guilty of assault with the intent to commit bus hijacking if he intimidates,
24 threatens, or commits assault or battery toward any driver, attendant, guard, or any other person
25 in control of a bus so as to interfere with the performance of duties by such person. Assault with
26 the intent to commit bus hijacking is a second degree felony.
27 (3) Any person who, in the commission of assault with intent to commit bus hijacking,
28 [
29 degree felony.
30 (4) Any person who boards a bus with a concealed dangerous weapon or firearm upon his
31 person or effects is guilty of a second degree felony. The prohibition of this Subsection (4) does
1 not apply to elected or appointed law enforcement officers or commercial security personnel who
2 are in possession of weapons or firearms used in the course and scope of their employment, or a
3 person licensed to carry a concealed weapon; nor shall the prohibition apply to persons in
4 possession of weapons or firearms with the consent of the owner of the bus or his agent, or the
5 lessee or bailee of the bus.
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