H.B. 15

1

CRIMINAL MISCHIEF AMENDMENTS
2 1999 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Bryan D. Holladay
5 AN ACT RELATING TO THE CRIMINAL CODE; AMENDING THE PENALTY
6 PROVISIONS REGARDING CRIMINAL MISCHIEF.
7 This act affects sections of Utah Code Annotated 1953 as follows:
8 AMENDS:
9 76-6-106, as last amended by Chapter 25, Laws of Utah 1998
10 Be it enacted by the Legislature of the state of Utah:
11 Section 1. Section 76-6-106 is amended to read:
12 76-6-106. Criminal mischief.
13 (1) A person commits criminal mischief if the person:
14 (a) under circumstances not amounting to arson, damages or destroys property with the
15 intention of defrauding an insurer;
16 (b) intentionally and unlawfully tampers with the property of another and as a result:
17 (i) recklessly endangers:
18 (A) human life; or
19 (B) human health or safety; or
20 (ii) recklessly causes or threatens a substantial interruption or impairment of:
21 (A) any public utility service; or
22 (B) any service or facility that provides communication with any public, private, or
23 volunteer entity whose purpose is to respond to fire, police, or medical emergencies;
24 (c) intentionally damages, defaces, or destroys the property of another; or
25 (d) recklessly or willfully shoots or propels a missile or other object at or against a motor
26 vehicle, bus, airplane, boat, locomotive, train, railway car, or caboose, whether moving or standing.
27 (2) (a) A violation of Subsection (1)(a) is a felony of the third degree.

28 (b) A violation of Subsection (1)(b) [or (c)] is a class A misdemeanor, except that a
29 violation of Subsection (1)(b)(i)(B) is a class B misdemeanor.
30 (c) Any other violation of this section is a:
31 (i) felony of the second degree if the actor's conduct causes or is intended to cause
32 pecuniary loss equal to or in excess of $5,000 in value;
33 (ii) felony of the third degree if the actor's conduct causes or is intended to cause pecuniary
34 loss equal to or in excess of $1,000 but is less than $5,000 in value;
35 (iii) class A misdemeanor if the actor's conduct causes or is intended to cause pecuniary
36 loss equal to or in excess of $300 but is less than $1,000 in value; and
37 (iv) class B misdemeanor if the actor's conduct causes or is intended to cause pecuniary
38 loss less than $300 in value.
39 (3) In determining the value of damages under this section, or for computer crimes under
40 Section 76-6-703 , the value of any computer, computer network, computer property, computer
41 services, software, or data shall include the measurable value of the loss of use of [such] the items
42 and the measurable cost to replace or restore [such] the items.




Legislative Review Note
as of 11-24-98 11:54 AM

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

Office of Legislative Research and General Counsel