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H.B. 49 Enrolled
AN ACT RELATING TO THE CRIMINAL CODE; AMENDING THE OFFENSES OF
CRIMINAL MISCHIEF AND EMERGENCY TELEPHONE ABUSE AS THEY RELATE TO
REPORTING OF EMERGENCIES; CREATING THE OFFENSE OF DAMAGING OR
INTERRUPTING A COMMUNICATION DEVICE USED TO REPORT AN EMERGENCY;
AND PROVIDING CRIMINAL PENALTIES FOR THE OFFENSE.
This act affects sections of Utah Code Annotated 1953 as follows:
76-6-106, as last amended by Chapter 300, Laws of Utah 1997
76-9-202, as enacted by Chapter 196, Laws of Utah 1973
76-6-108, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 76-6-106 is amended to read:
76-6-106. Criminal mischief.
(1) A person commits criminal mischief if the person:
(a) under circumstances not amounting to arson, damages or destroys property with the
intention of defrauding an insurer;
(b) intentionally and unlawfully tampers with the property of another and [
(i) recklessly endangers:
(A) human life; or
(B) human health or safety; or
(ii) recklessly causes or threatens a substantial interruption or impairment of:
(A) any public utility service; or
(B) any service or facility that provides communication with any public, private, or
volunteer entity whose purpose is to respond to fire, police, or medical emergencies;
(c) intentionally damages, defaces, or destroys the property of another; or
(d) recklessly or willfully shoots or propels a missile or other object at or against a motor
vehicle, bus, airplane, boat, locomotive, train, railway car, or caboose, whether moving or standing.
(2) (a) A violation of Subsection (1)(a) is a felony of the third degree.
(b) A violation of Subsection (1)(b) or (c) is a class A misdemeanor, except that a violation
of Subsection (1)(b)(i)(B) is a class B misdemeanor.
(c) Any other violation of this section is a:
(i) felony of the second degree if the actor's conduct causes or is intended to cause pecuniary
loss equal to or in excess of $5,000 in value;
(ii) felony of the third degree if the actor's conduct causes or is intended to cause pecuniary
loss equal to or in excess of $1,000 but is less than $5,000 in value;
(iii) class A misdemeanor if the actor's conduct causes or is intended to cause pecuniary loss
equal to or in excess of $300 but is less than $1,000 in value; and
(iv) class B misdemeanor if the actor's conduct causes or is intended to cause pecuniary loss
less than $300 in value.
(3) In determining the value of damages under this section, or for computer crimes under
Section 76-6-703, the value of any computer, computer network, computer property, computer
services, software, or data shall include the measurable value of the loss of use of such items and the
measurable cost to replace or restore such items.
Section 2. Section 76-6-108 is enacted to read:
76-6-108. Damage to or interruption of a communication device.
(1) As used in this section:
(a) "Communication device" means any device, including a telephone, cellular telephone,
computer, or radio, which may be used in an attempt to summon police, fire, medical, or other
(b) "Emergency" means any situation in which:
(i) property or human health or safety is in jeopardy; and
(ii) the prompt summoning of aid is essential to the preservation of the property or human
safety or health.
(2) A person is guilty of damage to or interruption of a communication device if the actor
attempts to prohibit or interrupt, or prohibits or interrupts, another person's use of communication
equipment when the other person is attempting to summon emergency aid or has communicated a
desire to summon emergency aid, and in the process the actor:
(a) uses force, intimidation, or any other form of violence;
(b) destroys, disables, or damages communication equipment; or
(c) commits any other act in an attempt to prohibit or interrupt the person's use of a
communication device to summon emergency aid.
(3) Damage to or interruption of a communication device is a class B misdemeanor.
Section 3. Section 76-9-202 is amended to read:
76-9-202. Emergency reporting abuse.
(1) A person is guilty of emergency [
(a) intentionally refuses to yield or surrender the use of a party line or a public pay telephone
to another person upon being informed that [
police, medical, or other aid in case of emergency, unless [
for an emergency call; [
(b) asks for or requests the use of a party line or a public pay telephone on the pretext that
an emergency exists, knowing that no emergency exists[
(c) reports an emergency or causes an emergency to be reported to any public, private, or
volunteer entity whose purpose is to respond to fire, police, or medical emergencies, when the actor
knows the reported emergency does not exist.
(b) A violation of Subsection (1)(c) is a class B misdemeanor.
(3) For the purposes of this section:
the prompt summoning of aid is essential to the preservation of human life or property.
main telephone stations connected therewith, each station with a distinctive ring or telephone
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