First Substitute H.B. 276

Representative Lowell A. Nelson proposes to substitute the following bill:

1 PATTERN OF UNLAWFUL ACTIVITY ACT AMENDMENTS
2 1999 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Lowell A. Nelson
5 AN ACT RELATING TO THE CRIMINAL CODE; CLARIFYING THE PUBLIC ASSISTANCE
6 FRAUD PROVISIONS IN THE PATTERN OF UNLAWFUL ACTIVITY ACT.
7 This act affects sections of Utah Code Annotated 1953 as follows:
8 AMENDS:
9 76-10-1602, as last amended by Chapters 65 and 174, Laws of Utah 1997
10 Be it enacted by the Legislature of the state of Utah:
11 Section 1. Section 76-10-1602 is amended to read:
12 76-10-1602. Definitions.
13 As used in this part:
14 (1) "Enterprise" means any individual, sole proprietorship, partnership, corporation,
15 business trust, association, or other legal entity, and any union or group of individuals associated
16 in fact although not a legal entity, and includes illicit as well as licit entities.
17 (2) "Pattern of unlawful activity" means engaging in conduct which constitutes the
18 commission of at least three episodes of unlawful activity, which episodes are not isolated, but
19 have the same or similar purposes, results, participants, victims, or methods of commission, or
20 otherwise are interrelated by distinguishing characteristics. Taken together, the episodes shall
21 demonstrate continuing unlawful conduct and be related either to each other or to the enterprise.
22 At least one of the episodes comprising a pattern of unlawful activity shall have occurred after July
23 31, 1981. The most recent act constituting part of a pattern of unlawful activity as defined by this
24 part shall have occurred within five years of the commission of the next preceding act alleged as
25 part of the pattern.

26 (3) "Person" includes any individual or entity capable of holding a legal or beneficial
27 interest in property, including state, county, and local governmental entities.
28 (4) "Unlawful activity" means to directly engage in conduct or to solicit, request,
29 command, encourage, or intentionally aid another person to engage in conduct which would
30 constitute any offense described by the following crimes or categories of crimes, or to attempt or
31 conspire to engage in an act which would constitute any of those offenses, regardless of whether
32 the act is in fact charged or indicted by any authority or is classified as a misdemeanor or a felony:
33 (a) assault or aggravated assault, Sections 76-5-102 and 76-5-103 ;
34 (b) a threat against life or property, Section 76-5-107 ;
35 (c) criminal homicide, Sections 76-5-201 , 76-5-202 , and 76-5-203 ;
36 (d) kidnapping or aggravated kidnapping, Sections 76-5-301 and 76-5-302 ;
37 (e) arson or aggravated arson, Sections 76-6-102 and 76-6-103 ;
38 (f) causing a catastrophe, Section 76-6-105 ;
39 (g) burglary or aggravated burglary, Sections 76-6-202 and 76-6-203 ;
40 (h) burglary of a vehicle, Section 76-6-204 ;
41 (i) manufacture or possession of an instrument for burglary or theft, Section 76-6-205 ;
42 (j) robbery or aggravated robbery, Sections 76-6-301 and 76-6-302 ;
43 (k) theft, Section 76-6-404 ;
44 (l) theft by deception, Section 76-6-405 ;
45 (m) theft by extortion, Section 76-6-406 ;
46 (n) receiving stolen property, Section 76-6-408 ;
47 (o) theft of services, Section 76-6-409 ;
48 (p) forgery, Section 76-6-501 ;
49 (q) fraudulent use of a credit card, Sections 76-6-506.1 , 76-6-506.2 , and 76-6-506.4 ;
50 (r) computer fraud, Title 76, Chapter 6, Part 7;
51 (s) bribery or receiving bribe by person in the business of selection, appraisal, or criticism
52 of goods, Section 76-6-508 ;
53 (t) bribery of a labor official, Section 76-6-509 ;
54 (u) defrauding creditors, Section 76-6-511 ;
55 (v) acceptance of deposit by insolvent financial institution, Section 76-6-512 ;
56 (w) unlawful dealing with property by fiduciary, Section 76-6-513 ;

57 (x) bribery or threat to influence contest, Section 76-6-514 ;
58 (y) making a false credit report, Section 76-6-517 ;
59 (z) criminal simulation, Section 76-6-518 ;
60 (aa) criminal usury, Section 76-6-520 ;
61 (bb) false or fraudulent insurance claim, Section 76-6-521 ;
62 (cc) sale of a child, Section 76-7-203 ;
63 (dd) bribery to influence official or political actions, Section 76-8-103 ;
64 (ee) threats to influence official or political action, Section 76-8-104 ;
65 (ff) receiving bribe or bribery by public servant, Section 76-8-105 ;
66 (gg) receiving bribe or bribery for endorsement of person as public servant, Section
67 76-8-106 ;
68 (hh) official misconduct, Sections 76-8-201 and 76-8-202 ;
69 (ii) obstructing justice, Section 76-8-306 ;
70 (jj) acceptance of bribe or bribery to prevent criminal prosecution, Section 76-8-308 ;
71 (kk) false or inconsistent material statements, Section 76-8-502 ;
72 (ll) false or inconsistent statements, Section 76-8-503 ;
73 (mm) written false statements, Section 76-8-504 ;
74 (nn) tampering with a witness, retaliation against a witness or informant, or bribery,
75 Section 76-8-508 ;
76 (oo) extortion or bribery to dismiss criminal proceeding, Section 76-8-509 ;
77 (pp) tampering with evidence, Section 76-8-510 ;
78 (qq) intentionally or knowingly causing one animal to fight with another, Subsection
79 76-9-301 (1)(f);
80 (rr) delivery to common carrier, mailing, or placement on premises of an incendiary
81 device, Section 76-10-307 ;
82 (ss) construction or possession of an incendiary device, Section 76-10-308 ;
83 (tt) possession of a deadly weapon with intent to assault, Section 76-10-507 ;
84 (uu) unlawful marking of pistol or revolver, Section 76-10-521 ;
85 (vv) alteration of number or mark on pistol or revolver, Section 76-10-522 ;
86 (ww) forging or counterfeiting trademarks, trade name, or trade device, Section
87 76-10-1002 ;

88 (xx) selling goods under counterfeited trademark, trade name, or trade devices, Section
89 76-10-1003 ;
90 (yy) sales in containers bearing registered trademark of substituted articles, Section
91 76-10-1004 ;
92 (zz) selling or dealing with article bearing registered trademark or service mark with intent
93 to defraud, Section 76-10-1006 ;
94 (aaa) gambling, Section 76-10-1102 ;
95 (bbb) gambling fraud, Section 76-10-1103 ;
96 (ccc) gambling promotion, Section 76-10-1104 ;
97 (ddd) possessing a gambling device or record, Section 76-10-1105 ;
98 (eee) confidence game, Section 76-10-1109 ;
99 (fff) distributing pornographic material, Section 76-10-1204 ;
100 (ggg) inducing acceptance of pornographic material, Section 76-10-1205 ;
101 (hhh) dealing in harmful material to a minor, Section 76-10-1206 ;
102 (iii) distribution of pornographic films, Section 76-10-1222 ;
103 (jjj) indecent public displays, Section 76-10-1228 ;
104 (kkk) prostitution, Section 76-10-1302 ;
105 (lll) aiding prostitution, Section 76-10-1304 ;
106 (mmm) exploiting prostitution, Section 76-10-1305 ;
107 (nnn) aggravated exploitation of prostitution, Section 76-10-1306 ;
108 (ooo) sexual exploitation of a minor, Section 76-5a-3 ;
109 (ppp) communications fraud, Section 76-10-1801 ;
110 (qqq) any act prohibited by the criminal provisions of Title 58, Chapter 37, Utah
111 Controlled Substances Act, or Title 58, Chapter 37b, Imitation Controlled Substances Act, or Title
112 58, Chapter 37c, Utah Controlled Substance Precursor Act;
113 (rrr) any act prohibited by the criminal provisions of Title 61, Chapter 1, Utah Uniform
114 Securities Act;
115 (sss) any act prohibited by the criminal provisions of Title 57, Chapter 11, Utah Uniform
116 Land Sales Practices Act;
117 (ttt) [false claims for] public assistance [under] fraud in violation of Section [ 35A-1-502 ,]
118 76-8-1203 , 76-8-1204 , or 76-8-1205 ;

119 (uuu) any act prohibited by the criminal provisions of Title 63, Chapter 56, Utah
120 Procurement Code;
121 (vvv) any act prohibited by the criminal provisions of the laws governing taxation in this
122 state;
123 (www) any act prohibited by the criminal provisions of Title 32A, Chapter 12, Criminal
124 Offenses;
125 (xxx) any act prohibited by the criminal provisions of Title 13, Chapter 10, Unauthorized
126 Recording Practices Act;
127 (yyy) deceptive business practices, Section 76-6-507 ;
128 (zzz) any act prohibited by the criminal provisions of Title 76, Chapter 10, Part 19, Money
129 Laundering and Currency Transaction Reporting Act;
130 (aaaa) any act illegal under the laws of the United States and enumerated in Title 18,
131 Section 1961 (1)(B), (C), and (D) of the United States Code;
132 (bbbb) any act prohibited by the criminal provisions of Title 19, Environmental Quality
133 Code, Sections 19-1-101 through 19-7-109 ;
134 (cccc) taking, destroying, or possessing wildlife or parts of wildlife for the primary purpose
135 of sale, trade, or other pecuniary gain, in violation of Title 23, Chapter 13, Wildlife Resources
136 Code of Utah, or Section 23-20-4 ; and
137 (dddd) false claims for medical benefits, kickbacks, and any other act prohibited by False
138 Claims Act, Sections 26-20-1 through 26-20-12 .