H.B. 246

1

PROHIBITION OF CROSS BURNING ON
2 PROPERTY
3 2004 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Neil A. Hansen
6
7 LONG TITLE
8 General Description:
9 This bill prohibits the burning of a cross on another's property, a highway, or any other
10 public place with the intent to intimidate a person.
11 Highlighted Provisions:
12 This bill:
13 . provides that cross burning on another's property, a highway, or any other public
14 place is a third degree felony;
15 . provides definitions; and
16 . reflects a 2003 U.S. Supreme Court decision regarding a Virginia law prohibiting
17 cross burning.
18 Monies Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 ENACTS:
24 76-9-102.5, Utah Code Annotated 1953
25
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 76-9-102.5 is enacted to read:

28 76-9-102.5. Definitions -- Cross burning.
29 (1) As used in this section:
30 (a) "Highway" means every way or place, of whatever nature, generally open to the use
31 of the public for the purpose of vehicular travel.
32 (b) "Intimidate" means an act that causes another person to fear for his physical safety.
33 (2) It is a third degree felony for any person or persons, with the intent of intimidating
34 any person or group of persons, to burn, or cause to be burned, or attempt to burn or cause to be
35 burned, a cross on the property of another, a highway, or any other public place.




Legislative Review Note
as of 1-20-04 10:50 AM

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

Office of Legislative Research and General Counsel