H.B. 100 Enrolled

CRIMINAL CODE DEFINITION AMENDMENT
2002 GENERAL SESSION
STATE OF UTAH
Sponsor: Gerry A. Adair
This act modifies the Criminal Code provisions regarding commercial terrorism by
amending a definition in response to a federal court ruling.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
76-10-2401, as enacted by Chapter 225, Laws of Utah 2001
76-10-2402, as enacted by Chapter 225, Laws of Utah 2001
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 76-10-2401 is amended to read:
76-10-2401. Definitions.
As used in this part:
(1) "Building", in addition to its commonly accepted meaning, means any watercraft,
aircraft, trailer, sleeping car, or other structure or vehicle adapted for overnight accommodations
of persons or for carrying on business and includes:
(a) each separately secured or occupied portion of the building or vehicle; and
(b) each structure appurtenant or connected to the building or vehicle.
(2) "Business" means a retail business dealing in tangible personal property.
(3) "Enter" means:
(a) an intrusion of any part of the body; or
(b) the intrusion of any physical object[, sound wave, light ray, electronic signal, or other
means of intrusion] under the control of the actor.
Section 2. Section 76-10-2402 is amended to read:
76-10-2402. Commercial terrorism -- Penalties.
(1) A person is guilty of [commercial terrorism] a misdemeanor if he enters or remains
unlawfully on the premises of or in a building of any business with the intent to interfere with the
employees, customers, personnel, or operations of a business through any conduct that does not

constitute an offense listed under Subsection (2). A violation of this Subsection (1) is a class A
misdemeanor.
(2) A person is guilty of felony commercial terrorism if he enters or remains unlawfully on
the premises or in a building of any business with the intent to interfere with the employees,
customers, personnel, or operations of a business and also with the intent to:
(a) obtain unauthorized control over any merchandise, property, records, data, or proprietary
information of the business;
(b) alter, eradicate, or remove any merchandise, records, data, or proprietary information of
the business;
(c) damage, deface, or destroy any property on the premises of the business;
(d) commit an assault on any person; or
(e) commit any other felony.
(3) A person who violates any provision in Subsection (2) is guilty of a felony of the second
degree.
(4) This section does not apply to action protected by the National Labor Relations Act, 29
U.S.C. Section 151 et seq., or the Federal Railway Labor Act, 45 U.S.C. Section 151 et seq.
(5) [It is the intent of the Legislature that this] This section does not [prohibit or interfere
with] apply to a person's exercise of the rights under the First Amendment to the Constitution of the
United States or under Article I, Sec. 15 of the Utah Constitution.

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