H.B. 15 Enrolled

CRIMINAL MISCHIEF AMENDMENTS
1999 GENERAL SESSION
STATE OF UTAH
Sponsor: Bryan D. Holladay
AN ACT RELATING TO THE CRIMINAL CODE; AMENDING THE PENALTY
PROVISIONS REGARDING CRIMINAL MISCHIEF.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
76-6-106, as last amended by Chapter 25, Laws of Utah 1998
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 as a result:
(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] the items
and the measurable cost to replace or restore [such] the items.

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