H.B. 54

1

DANGEROUS WEAPON PENALTY ENHANCEMENT
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Gary F. Cox
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 76-5-106.5, as last amended by Chapter 151, Laws of Utah 1996
15 76-5-107.5, as enacted by Chapter 59, Laws of Utah 1989
16 76-5-109, as last amended by Chapter 192, Laws of Utah 1992
17 76-5-111, as enacted by Chapter 130, Laws of Utah 1996
18 76-5-404.1, as last amended by Chapter 40, Laws of Utah 1996
19 76-5-405, as last amended by Chapter 40, Laws of Utah 1996
20 76-6-412, as last amended by Chapter 139, Laws of Utah 1996
21 76-8-309, as repealed and reenacted by Chapter 104, Laws of Utah 1996
22 76-8-310, as last amended by Chapter 104, Laws of Utah 1996
23 76-9-101, as last amended by Chapter 32, Laws of Utah 1974
24 76-10-503, as last amended by Chapters 19 and 149, Laws of Utah 1994
25 76-10-504, as repealed and reenacted by Chapter 80, Laws of Utah 1995
26 76-10-505.5, as last amended by Chapter 234, Laws of Utah 1993
27 76-10-1504, as enacted by Chapter 72, Laws of Utah 1979

1 Be it enacted by the Legislature of the state of Utah:
2 Section 1. Section 4-32-14 is amended to read:
3 4-32-14. Attempt to bribe state officer or employee -- Acceptance of bribe --
4 Interference with official duties -- Penalties.
5 (1) (a) Any person who gives, pays, or offers, directly or indirectly, any money or other
6 thing of value, to any officer or employee of this state who is authorized to perform any duties
7 under this chapter, with the intent to influence the officer or employee in the discharge of his duty,
8 is guilty of a felony of the third degree, and upon conviction, shall be punished by a fine of not
9 more than $5,000 or imprisonment of not more than five years, or both.
10 (b) An officer or employee of this state authorized to perform duties under this chapter
11 who accepts money, a gift, or other thing of value from any person given with intent to influence
12 his official action, is guilty of a felony of the third degree and shall, upon conviction, be
13 discharged from office, fined in an amount of not more than $5,000, or imprisoned for not more
14 than five years, or both.
15 (2) (a) Any person who assaults, opposes, impedes, intimidates, or interferes with any
16 person engaged in the performance of official duties under this chapter, with or without a
17 dangerous or deadly weapon, is guilty of a felony of the third degree and upon conviction shall be
18 punished by a fine of not more than $5,000, or by imprisonment of not more than five years, or
19 both.
20 (b) Any person who, in the commission of any [act under this chapter] violation of
21 Subsection (2) of this section, uses or attempts to use a [deadly or] dangerous weapon as defined
22 in Section 76-1-601, is guilty of a felony of the second degree and upon conviction shall be
23 punished by a fine of not more than $10,000, or by imprisonment for a period of not more than ten
24 years, or both.
25 (c) Any person who kills another person engaged in the performance of official duties
26 under this chapter shall be punished as provided in Section 76-5-202.
27 Section 2. Section 58-37d-5 is amended to read:
28 58-37d-5. Prohibited acts -- First degree felony.
29 (1) A person who violates Subsection 58-37d-4(1)(a), (b), or (e) is guilty of a first degree
30 felony if the trier of fact also finds any one of the following conditions occurred in conjunction
31 with that violation:

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1 (a) [possession of a firearm] the person used or attempted to use a dangerous weapon as
2 defined in Section 76-1-601;
3 (b) use of a booby trap;
4 (c) illegal possession, transportation, or disposal of hazardous or dangerous material or
5 while transporting or causing to be transported materials in furtherance of a clandestine laboratory
6 operation, there was created a substantial risk to human health or safety or a danger to the
7 environment;
8 (d) intended laboratory operation was to take place or did take place within 500 feet of a
9 residence, place of business, church, or school;
10 (e) any phase of the clandestine laboratory operation involved a person less than 18 years
11 of age;
12 (f) clandestine laboratory operation actually produced any amount of a specified controlled
13 substance; or
14 (g) intended clandestine laboratory operation was for the production of cocaine base or
15 methamphetamine base.
16 (2) If the trier of fact finds that two or more of the conditions listed in Subsections (1)(a)
17 through (g) of this section occurred in conjunction with the violation, at sentencing for the first
18 degree felony:
19 (a) probation shall not be granted;
20 (b) the execution or imposition of sentence shall not be suspended; and
21 (c) the court shall not enter a judgment for a lower category of offense.
22 Section 3. Section 76-3-203 is amended to read:
23 76-3-203. Felony conviction -- Indeterminate term of imprisonment -- Increase of
24 sentence if dangerous weapon used.
25 A person who has been convicted of a felony may be sentenced to imprisonment for an
26 indeterminate term as follows:
27 (1) In the case of a felony of the first degree, for a term at not less than five years, unless
28 otherwise specifically provided by law, and which may be for life but if the trier of fact finds a
29 dangerous weapon [or a facsimile or the representation of a dangerous weapon], as [provided]
30 defined in Section 76-1-601, was used in the commission or furtherance of the felony, the court
31 shall additionally sentence the person convicted for a term of one year to run consecutively and

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1 not concurrently; and the court may additionally sentence the person convicted for an
2 indeterminate term not to exceed five years to run consecutively and not concurrently.
3 (2) In the case of a felony of the second degree, for a term at not less than one year nor
4 more than 15 years but if the trier of fact finds a dangerous weapon [or a facsimile or the
5 representation of a dangerous weapon], as [provided] defined in Section 76-1-601, was used in the
6 commission or furtherance of the felony, the court shall additionally sentence the person convicted
7 for a term of one year to run consecutively and not concurrently; and the court may additionally
8 sentence the person convicted for an indeterminate term not to exceed five years to run
9 consecutively and not concurrently.
10 (3) In the case of a felony of the third degree, for a term not to exceed five years but if the
11 trier of fact finds a dangerous weapon [or a facsimile or the representation of a dangerous weapon],
12 as [provided] defined in Section 76-1-601, was used in the commission or furtherance of the
13 felony, the court may additionally sentence the person convicted for an indeterminate term not to
14 exceed five years to run consecutively and not concurrently.
15 (4) Any person who has been sentenced to a term of imprisonment for a felony in which
16 a dangerous weapon, as [provided] defined in Section 76-1-601, was used or involved in the
17 accomplishment of the felony and is convicted of another felony when a dangerous weapon was
18 used or involved in the accomplishment of the felony shall, in addition to any other sentence
19 imposed, be sentenced for an indeterminate term to be not less than five nor more than ten years
20 to run consecutively and not concurrently.
21 Section 4. Section 76-3-203.2 is amended to read:
22 76-3-203.2. Definitions -- Use of dangerous weapon in offenses committed on or
23 about school premises -- Enhanced penalties.
24 (1) (a) "On or about school premises" as used in this section and Section 76-10-505.5
25 means any of the following:
26 (i) in a public or private elementary, secondary, or on the grounds of any of those schools;
27 (ii) in a public or private vocational school or postsecondary institution or on the grounds
28 of any of those schools or institutions;
29 (iii) in those portions of any building, park, stadium, or other structure or grounds which
30 are, at the time of the act, being used for an activity sponsored by or through a school or institution
31 under Subsections (1)(a)(i) and (ii);

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1 (iv) in or on the grounds of a preschool or child-care facility; and
2 (v) within 1,000 feet of any structure, facility, or grounds included in Subsections (1)(a)(i),
3 (ii), (iii), and (iv).
4 (b) As used in this section:
5 (i) "Educator" means any person who is employed by a public school district and who is
6 required to hold a certificate issued by the State Board of Education in order to perform duties of
7 employment.
8 (ii) "Within the course of employment" means that an educator is providing services or
9 engaging in conduct required by the educator's employer to perform the duties of employment.
10 (2) Any person who, on or about school premises, commits any offense and uses or
11 threatens to use a [firearm in his possession] dangerous weapon, as defined in Section 76-1-601,
12 in the commission of the offense is subject to an enhanced degree of offense as provided in
13 Subsection (4).
14 (3) (a) Any person who commits an offense against an educator when the educator is
15 acting within the course of employment is subject to an enhanced degree of offense as provided
16 in Subsection (4).
17 (b) As used in Subsection (3)(a), "offense" means an offense under Title 76, Chapter 5,
18 Offenses Against The Person; and
19 (c) an offense under Title 76, Chapter 6, Part 3, Robbery.
20 (4) The enhanced degree of offense for offenses committed under this section are:
21 (a) if the offense is otherwise a class B misdemeanor it is a class A misdemeanor;
22 (b) if the offense is otherwise a class A misdemeanor it is a third degree felony;
23 (c) if the offense is otherwise a third degree felony it is a second degree felony; or
24 (d) if the offense is otherwise a second degree felony it is a first degree felony.
25 (5) The enhanced penalty for a first degree felony offense of a convicted person:
26 (a) shall be imprisonment for a term of not less than five years and which may be for life,
27 and imposition or execution of the sentence may not be suspended unless the court finds that the
28 interests of justice would be best served and states the specific circumstances justifying the
29 disposition on the record; and
30 (b) shall be subject also to the firearm enhancement provided in Section 76-3-203 [except
31 for an offense committed under Subsection (3) that does not involve] where the weapon is a

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1 firearm.
2 (6) (a) The prosecuting attorney, or grand jury if an indictment is returned, shall provide
3 notice upon the information or indictment that the defendant is subject to the enhanced degree of
4 offense or penalty under Subsection (4) or (5). The notice shall be in a clause separate from and
5 in addition to the substantive offense charged.
6 (b) If the notice is not included initially, the court may subsequently allow the prosecutor
7 to amend the charging documents to include the notice if the court finds the charging document,
8 including any statement of probable cause, provide notice to the defendant of the allegation he
9 committed the offense on or about school premises, or if the court finds the defendant has not
10 otherwise been substantially prejudiced by the omission.
11 [(7) In cases where an offense is enhanced by a degree pursuant to Subsection (4)(a), (b),
12 (c), or (d), or under Subsection (5)(a) for an offense committed under Subsection (2) that does not
13 involve a firearm, the convicted person shall not be subject also to the firearm enhancement
14 contained in Section 76-3-203.]
15 Section 5. Section 76-5-106.5 is amended to read:
16 76-5-106.5. Definitions -- Crime of stalking.
17 (1) As used in this section:
18 (a) "Course of conduct" means repeatedly maintaining a visual or physical proximity to
19 a person or repeatedly conveying verbal or written threats or threats implied by conduct or a
20 combination thereof directed at or toward a person.
21 (b) "Immediate family" means a spouse, parent, child, sibling, or any other person who
22 regularly resides in the household or who regularly resided in the household within the prior six
23 months.
24 (c) "Repeatedly" means on two or more occasions.
25 (2) A person is guilty of stalking who:
26 (a) intentionally or knowingly engages in a course of conduct directed at a specific person
27 that would cause a reasonable person:
28 (i) to fear bodily injury to himself or a member of his immediate family; or
29 (ii) to suffer emotional distress to himself or a member of his immediate family;
30 (b) has knowledge or should have knowledge that the specific person:
31 (i) will be placed in reasonable fear of bodily injury to himself or a member of his

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1 immediate family; or
2 (ii) will suffer emotional distress or a member of his immediate family will suffer
3 emotional distress; and
4 (c) whose conduct:
5 (i) induces fear in the specific person of bodily injury to himself or a member of his
6 immediate family; or
7 (ii) causes emotional distress in the specific person or a member of his immediate family.
8 (3) Stalking is a class B misdemeanor.
9 (4) (a) Stalking is a class A misdemeanor if the offender:
10 (i) has been previously convicted of an offense of stalking;
11 (ii) has been convicted in another jurisdiction of an offense that is substantially similar to
12 the offense of stalking; or
13 (iii) has been previously convicted of any felony offense in Utah or of any crime in another
14 jurisdiction which if committed in Utah would be a felony, in which the victim of the stalking or
15 a member of the victim's immediate family was also a victim of the previous felony offense.
16 (5) Stalking is a felony of the third degree if the offender:
17 (a) used or threatened the use of a dangerous weapon, as defined in Section 76-1-601,
18 under circumstances not amounting to a violation of Subsection 76-5-103(1)(a), or used other
19 means or force likely to produce death or serious bodily injury, in the commission of the crime of
20 stalking;
21 (b) has been previously convicted two or more times of the offense of stalking;
22 (c) has been convicted two or more times in another jurisdiction or jurisdictions of
23 offenses that are substantially similar to the offense of stalking;
24 (d) has been convicted two or more times, in any combination, of offenses under
25 Subsections (5) (b) and (c); or
26 (e) has been previously convicted two or more times of felony offenses in Utah or of
27 crimes in another jurisdiction or jurisdictions which, if committed in Utah, would be felonies, in
28 which the victim of the stalking was also a victim of the previous felony offenses.
29 Section 6. Section 76-5-107.5 is amended to read:
30 76-5-107.5. Prohibition of "hazing" -- Definitions -- Penalties.
31 (1) "Hazing" means any action or situation that, for the purpose of initiation, admission

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1 into, affiliation with, or as a condition for continued membership in any organization:
2 (a) recklessly or intentionally endangers the mental or physical health or safety of any
3 person;
4 (b) willfully destroys or removes public or private property;
5 (c) involves any brutality of a physical nature such as whipping, beating, branding, forced
6 calisthenics, or exposure to the elements;
7 (d) involves forced consumption of any food, liquor, drug, or other substance or any other
8 forced physical activity that could adversely affect the physical health and safety of the individual;
9 (e) involves any activity that would subject the individual to extreme mental stress, such
10 as sleep deprivation, forced exclusion from social contact, forced conduct that could result in
11 extreme embarrassment, or any other forced activity that could adversely affect the mental health
12 or dignity of the individual; or
13 (f) involves brutality toward or willful mistreatment of any animal.
14 (2) Under Subsection (1) any activity as described upon which the initiation, admission
15 into, affiliation with, or continued membership in an organization is directly or indirectly
16 conditioned is presumed to be "forced."
17 (3) An actor who recklessly, knowingly, or intentionally hazes another is guilty of a:
18 (a) class B misdemeanor if there are no aggravating circumstances;
19 (b) class A misdemeanor if the act of hazing involves the operation or other use of a motor
20 vehicle;
21 (c) third degree felony if the act of hazing involves the use or threatened use of a [deadly
22 or] dangerous weapon as defined in Section 76-1-601;
23 (d) third degree felony if the hazing results in serious bodily injury to a person; or
24 (e) second degree felony if hazing under Subsection (d) involves the use or threatened use
25 of a [deadly or] dangerous weapon as defined in Section 76-1-601.
26 (4) A person who in good faith reports or participates in reporting of an alleged hazing is
27 not subject to any civil or criminal liability regarding the reporting.
28 Section 7. Section 76-5-109 is amended to read:
29 76-5-109. Child abuse.
30 (1) As used in this section:
31 (a) "Child" means a human being who is 17 years of age or less.

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1 (b) "Physical injury" means an injury to or condition of a child which impairs the physical
2 condition of the child, including:
3 (i) a bruise or other contusion of the skin;
4 (ii) a minor laceration or abrasion;
5 (iii) failure to thrive or malnutrition; or
6 (iv) any other condition which imperils the child's health or welfare and which is not a
7 serious physical injury as defined in this section.
8 (c) "Serious physical injury" means any physical injury or set of injuries which seriously
9 impairs the child's health, or which involves physical torture or causes serious emotional harm to
10 the child, or which involves a substantial risk of death to the child, including:
11 (i) fracture of any bone or bones;
12 (ii) intracranial bleeding, swelling or contusion of the brain, whether caused by blows,
13 shaking, or causing the child's head to impact with an object or surface;
14 (iii) any burn, including burns inflicted by hot water, or those caused by placing a hot
15 object upon the skin or body of the child;
16 (iv) any injury caused by use of a [deadly or] dangerous weapon as defined in Section
17 76-1-601;
18 (v) any combination of two or more physical injuries inflicted by the same person, either
19 at the same time or on different occasions;
20 (vi) any damage to internal organs of the body;
21 (vii) any conduct toward a child which results in severe emotional harm, severe
22 developmental delay or retardation, or severe impairment of the child's ability to function;
23 (viii) any injury which creates a permanent disfigurement or protracted loss or impairment
24 of the function of a bodily member, limb, or organ;
25 (ix) any conduct which causes a child to cease breathing, even if resuscitation is successful
26 following the conduct; or
27 (x) any conduct which results in starvation or failure to thrive or malnutrition that
28 jeopardizes the child's life.
29 (2) Any person who inflicts upon a child serious physical injury or, having the care or
30 custody of such child, causes or permits another to inflict serious physical injury upon a child is
31 guilty of an offense as follows:

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1 (a) if done intentionally or knowingly, the offense is a felony of the second degree;
2 (b) if done recklessly, the offense is a felony of the third degree; and
3 (c) if done with criminal negligence, the offense is a class A misdemeanor.
4 (3) Any person who inflicts upon a child physical injury or, having the care or custody of
5 such child, causes or permits another to inflict physical injury upon a child is guilty of an offense
6 as follows:
7 (a) if done intentionally or knowingly, the offense is a class A misdemeanor;
8 (b) if done recklessly, the offense is a class B misdemeanor; and
9 (c) if done with criminal negligence, the offense is a class C misdemeanor.
10 (4) Criminal actions under this section may be prosecuted in the county or district where
11 the offense is alleged to have been committed, where the existence of the offense is discovered,
12 where the victim resides, or where the defendant resides.
13 Section 8. Section 76-5-111 is amended to read:
14 76-5-111. Abuse, neglect, or exploitation of a disabled or elder adult.
15 (1) As used in this section:
16 (a) "Abuse" means:
17 (i) attempting to cause, or causing physical harm;
18 (ii) placing another in fear of imminent physical harm;
19 (iii) physical injury caused by acts or omissions;
20 (iv) unlawful detention or unreasonable confinement;
21 (v) gross lewdness; or
22 (vi) deprivation of life-sustaining treatment, except:
23 (A) as provided in Title 75, Chapter 2, Part 11, Personal Choice and Living Will Act; or
24 (B) when informed consent has been obtained.
25 (b) "Business relationship" means a relationship between two or more individuals or
26 entities where there exists an oral or written agreement for goods or services.
27 (c) "Caretaker" means any person, corporation, or public institution that has assumed by
28 relationship, contract, or court order the responsibility to provide a disabled or elder adult with
29 food, shelter, clothing, medical care, or other necessities.
30 (d) "Deception" means:
31 (i) a misrepresentation or concealment:

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1 (A) of a material fact relating to services rendered, disposition of property, or use of
2 property intended to benefit a disabled or elder adult;
3 (B) of the terms of a contract or agreement entered into with a disabled or elder adult; or
4 (C) relating to the existing or preexisting condition of any property involved in a contract
5 or agreement entered into with a disabled or elder adult; or
6 (ii) the use or employment of any misrepresentation, false pretense, or false promise in
7 order to induce, encourage, or solicit a disabled or elder adult to enter into a contract or agreement.
8 (e) "Disabled adult" means a person 18 years of age or older who is impaired because of
9 mental illness, mental deficiency, physical illness or disability, or other cause to the extent that the
10 person lacks sufficient understanding or capacity to make or communicate informed decisions
11 concerning his person, or is unable to care for his own personal safety or provide necessities such
12 as food, shelter, clothing, or medical care, without which physical injury or illness may occur. A
13 person who is, in good faith, under treatment solely of a spiritual means, through prayer, in
14 accordance with the tenets and practices of a recognized church or religious denomination, and by
15 an accredited practitioner thereof, shall not be considered a disabled adult for that reason alone.
16 (f) "Elder adult" means a person who is 65 years of age or older.
17 (g) "Endeavor" means to attempt or try.
18 (h) "Informed consent" means:
19 (i) a written expression by the person or authorized by the person, stating that he fully
20 understands the potential risks and benefits of the withdrawal of food, water, medication, medical
21 services, shelter, cooling, heating, or other services necessary to maintain minimum physical or
22 mental health, and that he desires that the services be withdrawn. A written expression is valid
23 only if the person is of sound mind when the consent is given, and the consent is witnessed by at
24 least two individuals who do not benefit from the withdrawal of services; or
25 (ii) consent to withdraw food, water, medication, medical services, shelter, cooling,
26 heating, or other services necessary to maintain minimum physical or mental health, as permitted
27 by court order.
28 (i) "Intimidation" means communication by word or act to a disabled or elder adult that
29 he will be deprived of money, food, clothing, medicine, shelter, supervision, or medical services,
30 or that he will suffer physical violence.
31 (j) "Lacks capacity to consent" means an impairment by reason of mental illness,

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1 developmental disability, organic brain disorder, physical illness or disability, chronic use of
2 drugs, chronic intoxication, short-term memory loss, or other cause to the extent that a disabled
3 or elder adult lacks sufficient understanding of the nature or consequences of decisions concerning
4 his person or property.
5 (k) "Neglect" means:
6 (i) the failure of a caretaker to provide habilitation, care, nutrition, clothing, shelter,
7 supervision, or medical care; or
8 (ii) a pattern of conduct, without the disabled or elder adult's informed consent, resulting
9 in deprivation of food, water, medication, medical services, shelter, cooling, heating, or other
10 services necessary to maintain minimum physical or mental health.
11 (l) "Physical injury" means the impairment of physical condition and includes any skin
12 bruising, pressure sores, bleeding, malnutrition, dehydration, burns, bone fracture, subdural
13 hematoma, soft tissue swelling, injury to any internal organ, or any physical condition that imperils
14 the health or welfare of the disabled or elder adult and that is not a serious physical injury.
15 (m) "Position of trust and confidence" means the position of a person who:
16 (i) is a parent, spouse, adult child, or other relative by blood or marriage of a disabled or
17 elder adult;
18 (ii) is a joint tenant or tenant in common with a disabled or elder adult;
19 (iii) has a legal or fiduciary relationship with a disabled or elder adult, including a
20 court-appointed or voluntary guardian, trustee, attorney, or conservator; or
21 (iv) is a caretaker of a disabled or elder adult.
22 (n) "Serious physical injury" means any physical injury or set of physical injuries that:
23 (i) seriously impairs a disabled or elder adult's health;
24 (ii) was caused by use of a [deadly or] dangerous weapon as defined in Section 76-1-601;
25 (iii) involves physical torture or causes serious emotional harm to a disabled or elder adult;
26 or
27 (iv) creates a reasonable risk of death.
28 (o) "Sexual exploitation" means the production, distribution, possession, or possession
29 with the intent to distribute material or a live performance depicting a nude or partially nude
30 disabled or elder adult who lacks the capacity to consent, for the purpose of sexual arousal of any
31 person.

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1 (2) Under any circumstances likely to produce death or serious physical injury, any person,
2 including a caretaker, who causes a disabled or elder adult to suffer serious physical injury or,
3 having the care or custody of a disabled or elder adult, causes or permits that adult's person or
4 health to be injured, or causes or permits a disabled or elder adult to be placed in a situation where
5 his person or health is endangered, is guilty of the offense of aggravated abuse of a disabled or
6 elder adult as follows:
7 (a) if done intentionally or knowingly, the offense is a second degree felony;
8 (b) if done recklessly, the offense is third degree felony; and
9 (c) if done with criminal negligence, the offense is a class A misdemeanor.
10 (3) Under circumstances other than those likely to produce death or serious physical injury
11 any person, including a caretaker, who causes a disabled or elder adult to suffer physical injury,
12 abuse, or neglect, or having the care or custody of a disabled or elder adult, causes or permits that
13 adult's person or health to be injured, abused, or neglected, or causes or permits a disabled or elder
14 adult to be placed in a situation where his person or health is endangered, is guilty of the offense
15 of abuse of a disabled or elder adult as follows:
16 (a) if done intentionally or knowingly, the offense is a class A misdemeanor;
17 (b) if done recklessly, the offense is a class B misdemeanor; and
18 (c) if done with criminal negligence, the offense is a class C misdemeanor.
19 (4) (a) A person commits the offense of exploitation of a disabled or elder adult when the
20 person:
21 (i) is in a position of trust and confidence, or has a business relationship, with the disabled
22 or elder adult and knowingly, by deception or intimidation, obtains or uses, or endeavors to obtain
23 or use, the disabled or elder adult's funds, credit, assets, or other property with the intent to
24 temporarily or permanently deprive the disabled or elder adult of the use, benefit, or possession
25 of his property, for the benefit of someone other than the disabled or elder adult;
26 (ii) knows or should know that the disabled or elder adult lacks the capacity to consent,
27 and obtains or uses, or endeavors to obtain or use, or assists another in obtaining or using or
28 endeavoring to obtain or use, the disabled or elder adult's funds, assets, or property with the intent
29 to temporarily or permanently deprive the disabled or elder adult of the use, benefit, or possession
30 of his property for the benefit of someone other than the disabled or elder adult;
31 (iii) unjustly or improperly uses or manages the resources of a disabled or elder adult for

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1 the profit or advantage of someone other than the disabled or elder adult;
2 (iv) unjustly or improperly uses a disabled or elder adult's power of attorney or
3 guardianship for the profit or advantage of someone other than the disabled or elder adult;
4 (v) involves a disabled or elder adult who lacks the capacity to consent in the facilitation
5 or furtherance of any criminal activity; or
6 (vi) commits sexual exploitation of a disabled or elder adult.
7 (b) A person is guilty of the offense of exploitation of a disabled or elder adult as follows:
8 (i) if done intentionally or knowingly and the aggregate value of the resources used or the
9 profit made is or exceeds $5,000, the offense is a second degree felony;
10 (ii) if done intentionally or knowingly and the aggregate value of the resources used or the
11 profit made is less than $5,000 or cannot be determined, the offense is a third degree felony;
12 (iii) if done recklessly, the offense is a class A misdemeanor; or
13 (iv) if done with criminal negligence, the offense is a class B misdemeanor.
14 (5) It does not constitute a defense to a prosecution for any violation of this section that
15 the accused did not know the age of the victim.
16 Section 9. Section 76-5-404.1 is amended to read:
17 76-5-404.1. Sexual abuse of a child -- Aggravated sexual abuse of a child.
18 (1) A person commits sexual abuse of a child if, under circumstances not amounting to
19 rape of a child, object rape of a child, sodomy upon a child, or an attempt to commit any of these
20 offenses, the actor touches the anus, buttocks, or genitalia of any child, the breast of a female child
21 younger than 14 years of age, or otherwise takes indecent liberties with a child, or causes a child
22 to take indecent liberties with the actor or another with intent to cause substantial emotional or
23 bodily pain to any person or with the intent to arouse or gratify the sexual desire of any person
24 regardless of the sex of any participant.
25 (2) Sexual abuse of a child is punishable as a second degree felony.
26 (3) A person commits aggravated sexual abuse of a child when in conjunction with the
27 offense described in Subsection (1) any of the following circumstances have been charged and
28 admitted or found true in the action for the offense:
29 (a) The offense was committed by the use or threatened use of a dangerous weapon, as
30 defined in Section 76-1-601, or by force, duress, violence, intimidation, coercion, menace, or threat
31 of harm, or was committed during the course of a kidnaping.

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1 (b) The accused caused bodily injury or severe psychological injury to the victim during
2 or as a result of the offense.
3 (c) The accused was a stranger to the victim or made friends with the victim for the
4 purpose of committing the offense.
5 (d) The accused used, showed, or displayed pornography or caused the victim to be
6 photographed in a lewd condition during the course of the offense.
7 (e) The accused, prior to sentencing for this offense, was previously convicted of any
8 felony, or of a misdemeanor involving a sexual offense.
9 (f) The accused committed the same or similar sexual act upon two or more victims at the
10 same time or during the same course of conduct.
11 (g) The accused committed, in Utah or elsewhere, more than five separate acts, which if
12 committed in Utah would constitute an offense described in this chapter, and were committed at
13 the same time, or during the same course of conduct, or before or after the instant offense.
14 (h) The offense was committed by a person who occupied a position of special trust in
15 relation to the victim; "position of special trust" means that position occupied by a person in a
16 position of authority, who, by reason of that position is able to exercise undue influence over the
17 victim, and includes, but is not limited to, the position occupied by a youth leader or recreational
18 leader who is an adult, adult athletic manager, adult coach, teacher, counselor, religious leader,
19 doctor, employer, foster parent, baby-sitter, or adult scout leader, though a natural parent,
20 stepparent, adoptive parent, or other legal guardian, not including a foster parent, who has been
21 living in the household, is not a person occupying a position of special trust under this subsection.
22 (i) The accused encouraged, aided, allowed, or benefited from acts of prostitution or sexual
23 acts by the victim with any other person, or sexual performance by the victim before any other
24 person.
25 (j) The accused caused the penetration, however slight, of the genital or anal opening of
26 the child by any part or parts of the human body other than the genitals or mouth.
27 (4) Aggravated sexual abuse of a child is a first degree felony punishable by imprisonment
28 for an indeterminate term of not less than five years and which may be for life. Imprisonment is
29 mandatory in accordance with Section 76-3-406.
30 Section 10. Section 76-5-405 is amended to read:
31 76-5-405. Aggravated sexual assault.

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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 [by] with use of a dangerous weapon as defined in Section
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 11. 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 [deadly] dangerous weapon, as defined in Section 76-1-601, at
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

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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 12. 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 or
10 threatens to use a dangerous weapon [or facsimile thereof], as defined in Section 76-1-601, or
11 causes serious bodily 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;

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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 13. 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 14. 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

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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 [paragraph] Subsection (1)
5 is guilty of riot. It is no defense to a prosecution under this [paragraph] Subsection (2) that
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 [deadly] dangerous weapon, as defined in Section 76-1-601, otherwise it is a class
12 B misdemeanor.
13 Section 15. 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 [this part] Section
20 76-10-502.
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 [this part] Section
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,

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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 16. 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[.]; and
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:

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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 17. 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, [76-10-510,] 76-10-511, 76-10-523, and
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 18. 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 [employs] uses or threatens to use a dangerous weapon [or firearm], as defined in Section
29 76-1-601, is guilty of a first 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

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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.




Legislative Review Note
as of 12-20-96 7:52 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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