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S.B. 251 Enrolled
This act modifies provisions dealing with weapons by prohibiting the discharge of a
firearm or dangerous weapon in the direction of a house, dwelling, occupied vehicle, or
building in a manner that threatens the safety or property of others.
This act affects sections of Utah Code Annotated 1953 as follows:
76-10-508, as last amended by Chapter 214, Laws of Utah 2000
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 76-10-508 is amended to read:
76-10-508. Discharge of firearm from a vehicle, near a highway, or in the
direction of any person, building, or vehicle -- Penalties.
dangerous weapon or firearm:
facilities, lines, poles, or devices of transmission or distribution;
golf courses, boat ramps, and developed beaches; [
owner or person in charge of the property within 600 feet of:
poultry yard, corral, feeding pen, or stockyard[
(h) in the direction of a house, dwelling, occupied vehicle, or any other building in a
manner that threatens the safety or property of others.
(2) A violation of any provision of this section is a class B misdemeanor unless the actor
discharges a firearm under any of the following circumstances not amounting to criminal
homicide or attempted criminal homicide, in which case it is a third degree felony and the
convicted person shall be sentenced to an enhanced minimum term of three years in prison:
(a) the actor discharges a firearm in the direction of any person or persons, knowing or
having reason to believe that any person may be endangered;
(b) the actor, with intent to intimidate or harass another or with intent to damage a
habitable structure as defined in Subsection 76-6-101 (2), discharges a firearm in the direction of
any building; or
(c) the actor, with intent to intimidate or harass another, discharges a firearm in the
direction of any vehicle.
(3) This section does not apply to a person:
(a) who discharges any kind of firearm when that person is in lawful defense of self or
(b) who is performing official duties as provided in Sections 23-20-1.5 and 76-10-523
and as otherwise provided by law[
(c) who had actual permission of the owner or person in charge of the property, real or
personal, at the time in question.
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