S.B. 10 Enrolled

1

CRIMINAL OFFENSE PENALTIES
2 AMENDMENTS
3 2010 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Jon J. Greiner
6 House Sponsor: Curtis Oda
7
8 LONG TITLE
9 General Description:
10 This bill modifies provisions of the Criminal Code regarding elements of specified
11 criminal offenses and regarding the dollar value of damage used to determine levels of
12 criminal offenses.
13 Highlighted Provisions:
14 This bill:
15 . applies the enhanced penalty that currently applies to persons committing a crime
16 in concert with two or more persons to persons who commit any of the listed
17 offenses in association with a criminal street gang;
18 . provides that commission of aggravated assault resulting in serious bodily injury is
19 a second degree felony, regardless of whether the actor intended to cause serious
20 bodily injury;
21 . modifies the penalty for a second offense of theft, or of robbery or burglary with the
22 intent to commit theft, to require that the second offense be committed or the
23 conviction obtained within 10 years prior to the current theft offense;
24 . modifies the factors considered by the juvenile court in hearings to certify a
25 juvenile to stand trial as an adult to include if the juvenile engaged in criminal
26 activity in association with a criminal street gang;
27 . modifies the definition of a criminal nuisance to include criminal activity
28 conducted in association with a criminal street gang; and
29 . modifies the dollar value of damage that determines the levels of offense for

30 offenses, including arson, criminal mischief, theft, various fraud offenses, unlawful dealing by
31 a fiduciary, destruction of livestock, reckless burning, computer crimes, bad checks, mortgage
32 fraud, and theft of utility services.
33 Monies Appropriated in this Bill:
34 None
35 Other Special Clauses:
36 This bill provides an effective date of November 1, 2010.
37 Utah Code Sections Affected:
38 AMENDS:
39 9-4-612, as last amended by Laws of Utah 2007, Chapter 322
40 63M-7-510, as last amended by Laws of Utah 2008, Chapter 339 and renumbered and
41 amended by Laws of Utah 2008, Chapter 382
42 76-3-203.1, as last amended by Laws of Utah 2009, Chapter 157
43 76-5-103, as last amended by Laws of Utah 1995, Chapter 291
44 76-6-101, as last amended by Laws of Utah 2009, Chapter 320
45 76-6-102, as last amended by Laws of Utah 2004, Chapter 134
46 76-6-104, as last amended by Laws of Utah 1998, Chapter 71
47 76-6-106, as last amended by Laws of Utah 2002, Chapter 166
48 76-6-111, as enacted by Laws of Utah 2009, Chapter 282
49 76-6-409.3, as last amended by Laws of Utah 1995, Chapter 291
50 76-6-412, as last amended by Laws of Utah 1997, Chapters 119 and 289
51 76-6-505, as last amended by Laws of Utah 2007, Chapter 306
52 76-6-506.5, as last amended by Laws of Utah 2009, Chapter 166
53 76-6-513, as last amended by Laws of Utah 2008, Chapter 382
54 76-6-518, as last amended by Laws of Utah 1995, Chapter 291
55 76-6-608, as last amended by Laws of Utah 2003, Chapter 173
56 76-6-703, as last amended by Laws of Utah 2005, Chapter 72
57 76-6-1204, as last amended by Laws of Utah 2009, Chapter 211

58 76-8-1206, as last amended by Laws of Utah 1995, Chapter 291
59 76-8-1301, as last amended by Laws of Utah 2008, Chapter 305
60 76-10-1801, as last amended by Laws of Utah 2009, Chapter 211
61 78A-6-703, as renumbered and amended by Laws of Utah 2008, Chapter 3
62 78B-6-1101, as last amended by Laws of Utah 2009, Chapter 21
63 78B-6-1107, as renumbered and amended by Laws of Utah 2008, Chapter 3
64
65 Be it enacted by the Legislature of the state of Utah:
66 Section 1. Section 9-4-612 is amended to read:
67 9-4-612. Penalties for fraudulently obtaining or continuing to receive housing
68 assistance benefits.
69 (1) No person may knowingly, by misrepresentation, impersonation, or any other
70 fraudulent means, make any false statement to housing authority personnel or, after being
71 accepted as a recipient of housing authority benefits, fail to disclose to housing authority
72 personnel any:
73 (a) change in household composition;
74 (b) employment change;
75 (c) change in marital status;
76 (d) receipt of any other monetary assistance;
77 (e) receipt of in-kind gifts; or
78 (f) any other material fact or change in circumstances which would affect the
79 determination of that person's eligibility to receive housing assistance benefits, or would affect
80 the amount of benefits for which he is eligible.
81 (2) No person may fail to disclose any of the information described in Subsection (1)
82 for the purpose of obtaining or continuing to receive funds or other housing assistance benefits
83 to which he is not entitled, or in an amount larger than that to which he is entitled.
84 (3) No person who has duties relating to the administration of any housing authority
85 program may fraudulently misappropriate any funds or other assistance with which he has

86 been entrusted, or of which he has gained possession by virtue of his position.
87 (4) No person may knowingly:
88 (a) file or falsify any claim, report, or document required by state or federal law, or
89 provider agreement, to obtain or attempt to obtain unauthorized housing assistance benefits
90 under this chapter; or
91 (b) attempt to commit, or aid or abet the commission of, any act prohibited by this
92 section.
93 (5) The punishment for violation of any provision of this section by a housing
94 assistance recipient is determined by the cumulative value of the funds or other benefits he
95 received from all the frauds he committed, and not by each separate instance of fraud.
96 (6) The punishment for the offenses of this section are:
97 (a) a [felony of the] second degree felony if the value of the funds or other benefits
98 received, misappropriated, claimed, or applied for, is equal to or exceeds $5,000;
99 (b) a [felony of the] third degree felony if the value of the funds or other benefits
100 received, misappropriated, claimed, or applied for, is equal to or greater than [$1,000] $1,500
101 but less than $5,000;
102 (c) a class A misdemeanor if the value of the funds or other benefits received,
103 misappropriated, claimed, or applied for, is equal to or greater than [$300] $500 but less than
104 [$1,000] $1,500; or
105 (d) a class B misdemeanor if the value of the funds or other benefits received,
106 misappropriated, claimed, or applied for, is less than [$300] $500.
107 Section 2. Section 63M-7-510 is amended to read:
108 63M-7-510. Ineligible persons -- Fraudulent claims -- Penalties.
109 (1) The following individuals are not eligible to receive an award of reparations:
110 (a) persons who do not meet all of the provisions set forth in Section 63M-7-509 ;
111 (b) the offender;
112 (c) an accomplice of the offender;
113 (d) any person whose receipt of an award would unjustly benefit the offender,

114 accomplice, or other person reasonably suspected of participating in the offense;
115 (e) the victim of a motor vehicle injury who was the owner or operator of the motor
116 vehicle and was not at the time of the injury in compliance with the state motor vehicle
117 insurance laws;
118 (f) any convicted offender serving a sentence of imprisonment in any prison or jail or
119 residing in any other correctional facility;
120 (g) all persons who are on probation or parole if the circumstances surrounding the
121 offense of which they are victims constitute a violation of their parole or probation; and
122 (h) any person whose injuries are the result of criminally injurious conduct which
123 occurred in a prison, jail, or any other correctional facility while the person was serving a
124 sentence of imprisonment.
125 (2) A person who knowingly submits a fraudulent claim for reparations or who
126 knowingly misrepresents material facts in making a claim, and who receives an award based
127 on that claim, is guilty of an offense, based on the following award amounts:
128 (a) for value under [$300] $500, a class B misdemeanor;
129 (b) for value equal to or greater than [$300] $500, but less than [$1,000] $1,500, a
130 class A misdemeanor;
131 (c) for value equal to or greater than [$1,000] $1,500, but less than $5,000, a third
132 degree felony; and
133 (d) for value equal to or greater than $5,000, a second degree felony.
134 (3) A person who submits a claim described in Subsection (2) but receives no award
135 based on that claim is guilty of a class B misdemeanor.
136 (4) The state attorney general may prosecute violations under this section or may make
137 arrangements with county attorneys for the prosecution of violations under this section when
138 the attorney general cannot conveniently prosecute.
139 (5) The state may also bring a civil action against a claimant who receives reparation
140 payments that are later found to be unjustified and who does not return to the Crime Victim
141 Reparations Fund the unjustified amount.

142 Section 3. Section 76-3-203.1 is amended to read:
143 76-3-203.1. Offenses committed in concert with two or more persons or in
144 relation to a criminal street gang -- Notice -- Enhanced penalties.
145 (1) As used in this section:
146 (a) "Criminal street gang" has the same definition as in Section 76-9-802 .
147 (b) "In concert with two or more persons" means:
148 (i) the defendant was aided or encouraged by at least two other persons in committing
149 the offense and was aware of this aid or encouragement; and
150 (ii) each of the other persons:
151 (A) was physically present; or
152 (B) participated as a party to any offense listed in Subsection (5).
153 (c) "In concert with two or more persons" means, regarding intent:
154 (i) other persons participating as parties need not have the intent to engage in the same
155 offense or degree of offense as the defendant; and
156 (ii) a minor is a party if the minor's actions would cause the minor to be a party if the
157 minor were an adult.
158 [(1) (a)] (2) A person who commits any offense listed in Subsection [(4)] (5) is subject
159 to an enhanced penalty for the offense as provided in Subsection [(3)] (4) if the trier of fact
160 finds beyond a reasonable doubt that the person acted:
161 (a) in concert with two or more persons[.];
162 [(b) "In concert with two or more persons" as used in this section means the defendant
163 was aided or encouraged by at least two other persons in committing the offense and was
164 aware that he was so aided or encouraged, and each of the other persons:]
165 [(i) was physically present; or]
166 [(ii) participated as a party to any offense listed in Subsection (4).]
167 [(c) For purposes of Subsection (1)(b)(ii):]
168 [(i) other persons participating as parties need not have the intent to engage in the
169 same offense or degree of offense as the defendant; and]

170 [(ii) a minor is a party if the minor's actions would cause him to be a party if he were
171 an adult.]
172 (b) for the benefit of, at the direction of, or in association with any criminal street gang
173 as defined in Section 76-9-802 ; or
174 (c) to gain recognition, acceptance, membership, or increased status with a criminal
175 street gang as defined in Section 76-9-802 .
176 [(2)] (3) The prosecuting attorney, or grand jury if an indictment is returned, shall
177 cause to be subscribed upon the information or indictment notice that the defendant is subject
178 to the enhanced penalties provided under this section.
179 [(3)] (4) The enhanced penalty for a:
180 (a) class B misdemeanor is a class A misdemeanor;
181 (b) class A misdemeanor is a third degree felony;
182 (c) third degree felony is a second degree felony;
183 (d) second degree felony is a first degree felony; and
184 (e) first degree felony is an indeterminate prison term of not less than five years in
185 addition to the statutory minimum prison term for the offense, and which may be for life.
186 [(4)] (5) Offenses referred to in Subsection [(1)] (2) are:
187 (a) any criminal violation of [Title 58, Chapter 37, 37a, 37b, or 37c, regarding
188 drug-related offenses;] the following chapters of Title 58:
189 (i) Chapter 37, Utah Controlled Substances Act;
190 (ii) Chapter 37a, Utah Drug Paraphernalia Act;
191 (iii) Chapter 37b, Imitation Controlled Substances Act; or
192 (iv) Chapter 37c, Utah Controlled Substance Precursor Act;
193 (b) assault and related offenses under Title 76, Chapter 5, Part 1, Assault and Related
194 Offenses;
195 (c) any criminal homicide offense under Title 76, Chapter 5, Part 2, Criminal
196 Homicide;
197 (d) kidnapping and related offenses under Title 76, Chapter 5, Part 3, Kidnapping,

198 Trafficking, and Smuggling;
199 (e) any felony sexual offense under Title 76, Chapter 5, Part 4, Sexual Offenses;
200 (f) sexual exploitation of a minor as defined in Section 76-5a-3 ;
201 (g) any property destruction offense under Title 76, Chapter 6, Part 1, Property
202 Destruction;
203 (h) burglary, criminal trespass, and related offenses under Title 76, Chapter 6, Part 2,
204 Burglary and Criminal Trespass;
205 (i) robbery and aggravated robbery under Title 76, Chapter 6, Part 3, Robbery;
206 (j) theft and related offenses under Title 76, Chapter 6, Part 4, Theft, or Part 6, Retail
207 Theft;
208 (k) any fraud offense under Title 76, Chapter 6, Part 5, except Sections 76-6-504 ,
209 76-6-505 , 76-6-507 , 76-6-508 , 76-6-509 , 76-6-510 , 76-6-511 , 76-6-512 , 76-6-513 , 76-6-514 ,
210 76-6-516 , 76-6-517 , 76-6-518 , and 76-6-520 ;
211 (l) any offense of obstructing government operations under Title 76, Chapter 8, Part 3,
212 except Sections 76-8-302 , 76-8-303 , 76-8-304 , 76-8-307 , 76-8-308 , and 76-8-312 ;
213 (m) tampering with a witness or other violation of Section 76-8-508 ;
214 (n) extortion or bribery to dismiss criminal proceeding as defined in Section 76-8-509 ;
215 (o) any explosives offense under Title 76, Chapter 10, Part 3, Explosives;
216 (p) any weapons offense under Title 76, Chapter 10, Part 5, Weapons;
217 (q) pornographic and harmful materials and performances offenses under Title 76,
218 Chapter 10, Part 12, Pornographic and Harmful Materials and Performances;
219 (r) prostitution and related offenses under Title 76, Chapter 10, Part 13, Prostitution;
220 (s) any violation of Title 76, Chapter 10, Part 15, Bus Passenger Safety Act;
221 (t) any violation of Title 76, Chapter 10, Part 16, Pattern of Unlawful Activity Act;
222 (u) communications fraud as defined in Section 76-10-1801 ;
223 (v) any violation of Title 76, Chapter 10, Part 19, Money Laundering and Currency
224 Transaction Reporting Act; and
225 (w) burglary of a research facility as defined in Section 76-10-2002 .

226 [(5)] (6) It is not a bar to imposing the enhanced penalties under this section that the
227 persons with whom the actor is alleged to have acted in concert are not identified,
228 apprehended, charged, or convicted, or that any of those persons are charged with or convicted
229 of a different or lesser offense.
230 Section 4. Section 76-5-103 is amended to read:
231 76-5-103. Aggravated assault.
232 (1) A person commits aggravated assault if [he] the person commits assault as defined
233 in Section 76-5-102 and [he] uses:
234 [(a) intentionally causes serious bodily injury to another; or]
235 [(b) under circumstances not amounting to a violation of Subsection (1)(a), uses]
236 (a) a dangerous weapon as defined in Section 76-1-601 ; or
237 (b) other means or force likely to produce death or serious bodily injury.
238 (2) (a) A violation of Subsection [(1)(a)] (1) is a [second] third degree felony, except
239 under Subsection (2)(b).
240 [(3)] (b) A violation of Subsection (1)[(b)] that results in serious bodily injury is a
241 [third] second degree felony.
242 Section 5. Section 76-6-101 is amended to read:
243 76-6-101. Definitions.
244 For purposes of this chapter:
245 (1) "Property" means any form of real property or tangible personal property which is
246 capable of being damaged or destroyed and includes a habitable structure.
247 (2) "Habitable structure" means any building, vehicle, trailer, railway car, aircraft, or
248 watercraft used for lodging or assembling persons or conducting business whether a person is
249 actually present or not.
250 (3) "Property" is that of another, if anyone other than the actor has a possessory or
251 proprietary interest in any portion thereof.
252 (4) "Value" means:
253 (a) The market value of the property, if totally destroyed, at the time and place of the

254 offense, or where cost of replacement exceeds the market value; or
255 (b) Where the market value cannot be ascertained, the cost of repairing or replacing
256 the property within a reasonable time following the offense.
257 (5) If the property damaged has a value that cannot be ascertained by the criteria set
258 forth in Subsections (4)(a) and (b), the property shall be considered to have a value less than
259 [$300] $500.
260 (6) "Fire" means a flame, heat source capable of combustion, or material capable of
261 combustion that is caused, set, or maintained by a person for any purpose.
262 Section 6. Section 76-6-102 is amended to read:
263 76-6-102. Arson.
264 (1) A person is guilty of arson if, under circumstances not amounting to aggravated
265 arson, [by means of fire or explosives,] the person by means of fire or explosives unlawfully
266 and intentionally damages:
267 (a) any property with intention of defrauding an insurer; or
268 (b) the property of another.
269 (2) A violation of Subsection (1)(a) is a second degree felony.
270 (3) A violation of Subsection (1)(b) is:
271 (a) a second degree felony if:
272 (i) the damage caused is or exceeds $5,000 in value; or
273 (ii) as a proximate result of the fire or explosion, any person not a participant in the
274 offense suffers serious bodily injury as defined in Section 76-1-601 ;
275 (b) a third degree felony if:
276 (i) the damage caused is or exceeds [$1,000] $1,500 but is less than $5,000 in value;
277 (ii) as a proximate result of the fire or explosion, any person not a participant in the
278 offense suffers substantial bodily injury as defined in Section 76-1-601 ; or
279 (iii) the fire or explosion endangers human life;
280 (c) a class A misdemeanor if the damage caused is or exceeds [$300] $500 but is less
281 than [$1,000] $1,500 in value; and

282 (d) a class B misdemeanor if the damage caused is less than [$300] $500.
283 Section 7. Section 76-6-104 is amended to read:
284 76-6-104. Reckless burning.
285 (1) A person is guilty of reckless burning if the person:
286 (a) recklessly starts a fire or causes an explosion which endangers human life;
287 (b) having started a fire, whether recklessly or not, and knowing that it is spreading
288 and will endanger the life or property of another, either fails to take reasonable measures to put
289 out or control the fire or fails to give a prompt fire alarm;
290 (c) builds or maintains a fire without taking reasonable steps to remove all flammable
291 materials surrounding the site of the fire as necessary to prevent the fire's spread or escape; or
292 (d) damages the property of another by reckless use of fire or causing an explosion.
293 (2) (a) A violation of Subsection (1)(a) or (b) is a class A misdemeanor.
294 (b) A violation of Subsection (1)(c) is a class B misdemeanor.
295 (c) A violation of Subsection (1)(d) is:
296 (i) a class A misdemeanor if damage to property is or exceeds [$1,000] $1,500 in
297 value;
298 (ii) a class B misdemeanor if the damage to property is or exceeds [$300] $500 but is
299 less than [$1,000] $1,500 in value; and
300 (iii) a class C misdemeanor if the damage to property is or exceeds $150 but is less
301 than [$300] $500 in value.
302 (d) Any other violation under Subsection (1)(d) is an infraction.
303 Section 8. Section 76-6-106 is amended to read:
304 76-6-106. Criminal mischief.
305 (1) As used in this section, "critical infrastructure" includes:
306 (a) information and communication systems;
307 (b) financial and banking systems;
308 (c) transportation systems;
309 (d) any public utility service, including the power, energy, and water supply systems;

310 (e) sewage and water treatment systems;
311 (f) health care facilities as listed in Section 26-21-2 , and emergency fire, medical, and
312 law enforcement response systems;
313 (g) public health facilities and systems;
314 (h) food distribution systems; and
315 (i) other government operations and services.
316 (2) A person commits criminal mischief if the person:
317 (a) under circumstances not amounting to arson, damages or destroys property with
318 the intention of defrauding an insurer;
319 (b) intentionally and unlawfully tampers with the property of another and as a result:
320 (i) recklessly endangers:
321 (A) human life; or
322 (B) human health or safety; or
323 (ii) recklessly causes or threatens a substantial interruption or impairment of any
324 critical infrastructure;
325 (c) intentionally damages, defaces, or destroys the property of another; or
326 (d) recklessly or willfully shoots or propels a missile or other object at or against a
327 motor vehicle, bus, airplane, boat, locomotive, train, railway car, or caboose, whether moving
328 or standing.
329 (3) (a) (i) A violation of Subsection (2)(a) is a third degree felony.
330 (ii) A violation of Subsection (2)(b)(i)(A) is a class A misdemeanor.
331 (iii) A violation of Subsection (2)(b)(i)(B) is a class B misdemeanor.
332 (iv) A violation of Subsection (2)(b)(ii) is a second degree felony.
333 (b) Any other violation of this section is a:
334 (i) second degree felony if the actor's conduct causes or is intended to cause pecuniary
335 loss equal to or in excess of $5,000 in value;
336 (ii) third degree felony if the actor's conduct causes or is intended to cause pecuniary
337 loss equal to or in excess of [$1,000] $1,500 but is less than $5,000 in value;

338 (iii) class A misdemeanor if the actor's conduct causes or is intended to cause
339 pecuniary loss equal to or in excess of [$300] $500 but is less than [$1,000] $1,500 in value;
340 and
341 (iv) class B misdemeanor if the actor's conduct causes or is intended to cause
342 pecuniary loss less than [$300] $500 in value.
343 (4) In determining the value of damages under this section, or for computer crimes
344 under Section 76-6-703 , the value of any item, computer, computer network, computer
345 property, computer services, software, or data includes the measurable value of the loss of use
346 of the items and the measurable cost to replace or restore the items.
347 (5) In addition to any other penalty authorized by law, a court shall order any person
348 convicted of any violation of this section to reimburse any federal, state, or local unit of
349 government, or any private business, organization, individual, or entity for all expenses
350 incurred in responding to a violation of Subsection (2)(b)(ii), unless the court states on the
351 record the reasons why the reimbursement would be inappropriate.
352 Section 9. Section 76-6-111 is amended to read:
353 76-6-111. Wanton destruction of livestock -- Penalties -- Seizure and disposition
354 of property.
355 (1) As used in this section:
356 (a) "Law enforcement officer" is as defined in Section 53-13-103 .
357 (b) "Livestock" means a domestic animal or fur bearer raised or kept for profit,
358 including:
359 (i) cattle;
360 (ii) sheep;
361 (iii) goats;
362 (iv) swine;
363 (v) horses;
364 (vi) mules;
365 (vii) poultry; and

366 (viii) domesticated elk as defined in Section 4-39-102 .
367 (2) Unless authorized by Section 4-25-4 , 4-25-5 , 4-25-14 , 4-39-401 , or 18-1-3 , a
368 person is guilty of wanton destruction of livestock if that person:
369 (a) injures, physically alters, releases, or causes the death of livestock; and
370 (b) does so:
371 (i) intentionally or knowingly; and
372 (ii) without the permission of the owner of the livestock.
373 (3) Wanton destruction of livestock is punishable as a:
374 (a) class B misdemeanor if the aggregate value of the livestock is [$300] $500 or less;
375 (b) class A misdemeanor if the aggregate value of the livestock is more than [$300]
376 $500, but does not exceed [$1,000] $1,500;
377 (c) third degree felony if the aggregate value of the livestock is more than [$1,000]
378 $1,500, but does not exceed $5,000; and
379 (d) second degree felony if the aggregate value of the livestock is more than $5,000.
380 (4) A material, device, or vehicle used in violation of Subsection (2) is subject to
381 forfeiture under the procedures and substantive protections established in Title 24, Chapter 1,
382 Utah Uniform Forfeiture Procedures Act.
383 (5) A peace officer may seize a material, device, or vehicle used in violation of
384 Subsection (2):
385 (a) upon notice and service of process issued by a court having jurisdiction over the
386 property; or
387 (b) without notice and service of process if:
388 (i) the seizure is incident to an arrest under:
389 (A) a search warrant; or
390 (B) an inspection under an administrative inspection warrant;
391 (ii) the material, device, or vehicle has been the subject of a prior judgment in favor of
392 the state in a criminal injunction or forfeiture proceeding under this section; or
393 (iii) the peace officer has probable cause to believe that the property has been used in

394 violation of Subsection (2).
395 (6) (a) A material, device, or vehicle seized under this section is not repleviable but is
396 in custody of the law enforcement agency making the seizure, subject only to the orders and
397 decrees of a court or official having jurisdiction.
398 (b) A peace officer who seizes a material, device, or vehicle under this section may:
399 (i) place the property under seal;
400 (ii) remove the property to a place designated by the warrant under which it was
401 seized; or
402 (iii) take custody of the property and remove it to an appropriate location for
403 disposition in accordance with law.
404 Section 10. Section 76-6-409.3 is amended to read:
405 76-6-409.3. Theft of utility or cable television services -- Restitution -- Civil
406 action for damages.
407 (1) As used in this section:
408 (a) "Cable television service" means any audio, video, or data service provided by a
409 cable television company over its cable system facilities for payment, but does not include the
410 use of a satellite dish or antenna.
411 (b) "Owner" includes any part-owner, joint owner, tenant in common, joint tenant, or
412 tenant by the entirety of the whole or a part of any building and the property on which it is
413 located.
414 (c) "Person" means any individual, firm, partnership, corporation, company,
415 association, or other legal entity.
416 (d) "Tenant or occupant" includes any person, including the owner, who occupies the
417 whole or part of any building, whether alone or with others.
418 (e) "Utility" means any public utility, municipally-owned utility, or cooperative utility
419 which provides electricity, gas, water, or sewer, or any combination of them, for sale to
420 consumers.
421 (2) A person is guilty of theft of a utility or cable television service if the person

422 commits any prohibited acts which make gas, electricity, water, sewer, or cable television
423 available to a tenant or occupant, including himself, with intent to avoid due payment to the
424 utility or cable television company. Any person aiding and abetting in these prohibited acts is
425 a party to the offense under Section 76-2-202 . Prohibited acts include:
426 (a) connecting any tube, pipe, wire, cable, or other instrument with any meter, device,
427 or other instrument used for conducting gas, electricity, water, sewer, or cable television in a
428 manner as permits the use of the gas, electricity, water, sewer, or cable television without its
429 passing through a meter or other instrument recording the usage for billing;
430 (b) altering, injuring, or preventing the normal action of a meter, valve, stopcock, or
431 other instrument used for measuring quantities of gas, electricity, water, or sewer service, or
432 making or maintaining any modification or alteration to any device installed with the
433 authorization of a cable television company for the purpose of intercepting or receiving any
434 program or other service carried by the company which the person is not authorized by the
435 company to receive;
436 (c) reconnecting gas, electricity, water, sewer, or cable television connections or
437 otherwise restoring service when one or more of those utilities or cable service have been
438 lawfully disconnected or turned off by the provider of the utility or cable service;
439 (d) intentionally breaking, defacing, or causing to be broken or defaced any seal,
440 locking device, or other part of a metering device for recording usage of gas, electricity, water,
441 or sewer service, or a security system for the recording device, or a cable television control
442 device;
443 (e) removing a metering device designed to measure quantities of gas, electricity,
444 water, or sewer service;
445 (f) transferring from one location to another a metering device for measuring
446 quantities of public utility services of gas, electricity, water, or sewer service;
447 (g) changing the indicated consumption, jamming the measuring device, bypassing the
448 meter or measuring device with a jumper so that it does not indicate use or registers use
449 incorrectly, or otherwise obtaining quantities of gas, electricity, water, or sewer service from

450 the utility without their passing through a metering device for measuring quantities of
451 consumption for billing purposes;
452 (h) using a metering device belonging to the utility that has not been assigned to the
453 location and installed by the utility;
454 (i) fabricating or using a device to pick or otherwise tamper with the locks used to
455 deter utility service diversion, meter tampering, meter thefts, and unauthorized cable television
456 service;
457 (j) assisting or instructing any person in obtaining or attempting to obtain any cable
458 television service without payment of all lawful compensation to the company providing the
459 service;
460 (k) making or maintaining a connection or connections, whether physical, electrical,
461 mechanical, acoustical, or by other means, with any cables, wires, components, or other
462 devices used for the distribution of cable television services without authority from the cable
463 television company; or
464 (l) possessing without authority any device or printed circuit board designed in whole
465 or in part to receive any cable television programming or services offered for sale over a cable
466 television system with the intent that the device or printed circuit be used for the reception of
467 the cable television company's services without payment. For purposes of this subsection,
468 device or printed circuit board does not include the use of a satellite dish or antenna.
469 (3) The presence on property in the possession of a person of any device or alteration
470 which permits the diversion or use of utility or cable service to avoid the registration of the use
471 by or on a meter installed by the utility or to otherwise avoid the recording of use of the service
472 for payment or otherwise avoid payment gives rise to an inference that the person in
473 possession of the property installed the device or caused the alteration if:
474 (a) the presence of the device or alteration can be attributed only to a deliberate act in
475 furtherance of an intent to avoid payment for utility or cable television service; and
476 (b) the person charged has received the direct benefit of the reduction of the cost of the
477 utility or cable television service.

478 (4) A person who violates this section is guilty of the offense of theft of utility or cable
479 television service.
480 (a) In the case of theft of utility services, if the value of the gas, electricity, water, or
481 sewer service:
482 (i) is less than [$300] $500, the offense is a class B misdemeanor;
483 (ii) is or exceeds [$300] $500 but is not more than [$1,000] $1,500, the offense is a
484 class A misdemeanor;
485 (iii) is or exceeds [$1,000] $1,500 but is not more than $5,000, the offense is a third
486 degree felony; and
487 (iv) is or exceeds $5,000 or if the offender has previously been convicted of a violation
488 of this section, the offense is a second degree felony.
489 (b) In the case of theft of cable television services, the penalties are prescribed in
490 Section 76-6-412 .
491 (5) A person who violates this section shall make restitution to the utility or cable
492 television company for the value of the gas, electricity, water, sewer, or cable television service
493 consumed in violation of this section plus all reasonable expenses and costs incurred on
494 account of the violation of this section. Reasonable expenses and costs include expenses and
495 costs for investigation, disconnection, reconnection, service calls, employee time, and
496 equipment use.
497 (6) Criminal prosecution under this section does not affect the right of a utility or
498 cable television company to bring a civil action for redress for damages suffered as a result of
499 the commission of any of the acts prohibited by this section.
500 (7) This section does not abridge or alter any other right, action, or remedy otherwise
501 available to a utility or cable television company.
502 Section 11. Section 76-6-412 is amended to read:
503 76-6-412. Theft -- Classification of offenses -- Action for treble damages.
504 (1) Theft of property and services as provided in this chapter [shall be] is punishable:
505 (a) as a second degree felony [of the second degree] if the:

506 (i) value of the property or services is or exceeds $5,000;
507 (ii) property stolen is a firearm or an operable motor vehicle;
508 (iii) actor is armed with a dangerous weapon, as defined in Section 76-1-601 , at the
509 time of the theft; or
510 (iv) property is stolen from the person of another;
511 (b) as a third degree felony [of the third degree] if:
512 (i) the value of the property or services is or exceeds [$1,000] $1,500 but is less than
513 $5,000;
514 (ii) the actor has been twice before convicted of any of the offenses listed in this
515 Subsection (1)(b)(ii), if each prior offense was committed within 10 years of the date of the
516 current conviction or the date of the offense upon which the current conviction is based:
517 (A) theft, any robbery, or any burglary with intent to commit theft; [or]
518 (B) any offense under Title 76, Chapter 6, Part 5, Fraud; or
519 (C) any attempt to commit any offense under Subsection (1)(b)(ii)(A) or (B).
520 (iii) in a case not amounting to a second-degree felony, the property taken is a stallion,
521 mare, colt, gelding, cow, heifer, steer, ox, bull, calf, sheep, goat, mule, jack, jenny, swine,
522 poultry, or a fur-bearing animal raised for commercial purposes;
523 (c) as a class A misdemeanor if the value of the property stolen is or exceeds [$300]
524 $500 but is less than [$1,000] $1,500; or
525 (d) as a class B misdemeanor if the value of the property stolen is less than [$300]
526 $500.
527 (2) Any person who violates Subsection 76-6-408 (1) or Section 76-6-413 , or commits
528 theft of property described in Subsection 76-6-412 (1)(b)(iii), is civilly liable for three times
529 the amount of actual damages, if any sustained by the plaintiff, and for costs of suit and
530 reasonable [attorneys'] attorney fees.
531 Section 12. Section 76-6-505 is amended to read:
532 76-6-505. Issuing a bad check or draft -- Presumption.
533 (1) (a) Any person who issues or passes a check or draft for the payment of money, for

534 the purpose of obtaining from any person, firm, partnership, or corporation, any money,
535 property, or other thing of value or paying for any services, wages, salary, labor, or rent,
536 knowing it will not be paid by the drawee and payment is refused by the drawee, is guilty of
537 issuing a bad check or draft.
538 (b) For purposes of this Subsection (1), a person who issues a check or draft for which
539 payment is refused by the drawee is presumed to know the check or draft would not be paid if
540 he had no account with the drawee at the time of issue.
541 (2) Any person who issues or passes a check or draft for the payment of money, for the
542 purpose of obtaining from any person, firm, partnership, or corporation, any money, property,
543 or other thing of value or paying for any services, wages, salary, labor, or rent, payment of
544 which check or draft is legally refused by the drawee, is guilty of issuing a bad check or draft
545 if he fails to make good and actual payment to the payee in the amount of the refused check or
546 draft within 14 days of his receiving actual notice of the check or draft's nonpayment.
547 (3) An offense of issuing a bad check or draft shall be punished as follows:
548 (a) If the check or draft or series of checks or drafts made or drawn in this state within
549 a period not exceeding six months amounts to a sum that is less than [$300] $500, the offense
550 is a class B misdemeanor.
551 (b) If the check or draft or checks or drafts made or drawn in this state within a period
552 not exceeding six months amounts to a sum that is or exceeds [$300] $500 but is less than
553 [$1,000] $1,500, the offense is a class A misdemeanor.
554 (c) If the check or draft or checks or drafts made or drawn in this state within a period
555 not exceeding six months amounts to a sum that is or exceeds [$1,000] $1,500 but is less than
556 $5,000, the offense is a felony of the third degree.
557 (d) If the check or draft or checks or drafts made or drawn in this state within a period
558 not exceeding six months amounts to a sum that is or exceeds $5,000, the offense is a second
559 degree felony.
560 Section 13. Section 76-6-506.5 is amended to read:
561 76-6-506.5. Financial transaction card offenses -- Classification -- Multiple

562 violations.
563 (1) Any person found guilty of unlawful conduct described in Section 76-6-506.2 or
564 76-6-506.6 is guilty of:
565 (a) a class B misdemeanor when the value of the property, money, or thing obtained or
566 sought to be obtained is less than [$300] $500;
567 (b) a class A misdemeanor when the value of the property, money, or thing obtained or
568 sought to be obtained is or exceeds [$300] $500 but is less than [$1,000] $1,500;
569 (c) a third degree felony when the value of the property, money, or thing obtained or
570 attempted to be obtained is or exceeds [$1,000] $1,500 but is less than $5,000; and
571 (d) a second degree felony when the value of the property, money, or thing obtained or
572 attempted to be obtained is or exceeds $5,000.
573 (2) Multiple violations of Subsection 76-6-506.2 (1), Section 76-6-506.6 , and this
574 section may be aggregated into a single offense, and the degree of the offense is determined by
575 the total value of all property, money, or things obtained or attempted to be obtained through
576 the multiple violations.
577 (3) The court shall make appropriate findings in any prosecution under this section
578 that the card holder did not commit the crime.
579 Section 14. Section 76-6-513 is amended to read:
580 76-6-513. Definitions -- Unlawful dealing of property by a fiduciary -- Penalties.
581 (1) As used in this section:
582 (a) "Fiduciary" is as defined in Section 22-1-1 .
583 (b) "Financial institution" means "depository institution" and "trust company" as
584 defined in Section 7-1-103 .
585 (c) "Governmental entity" is as defined in Section 63G-7-102 .
586 (d) "Person" does not include a financial institution whose fiduciary functions are
587 supervised by the Department of Financial Institutions or a federal regulatory agency.
588 (e) "Property" is as defined in Section 76-6-401 .
589 (f) "Public monies" is as defined in Section 76-8-401 .

590 (2) A person is guilty of unlawfully dealing with property by a fiduciary if the person
591 deals with property that has been entrusted to him as a fiduciary, or property of a
592 governmental entity, public monies, or of a financial institution, in a manner which the person
593 knows is a violation of the person's duty and which involves substantial risk of loss or
594 detriment to the owner or to a person for whose benefit the property was entrusted. A
595 violation of this Subsection (2) is punishable under Section 76-6-412 .
596 (3) (a) A person acting as a fiduciary is guilty of a violation of this subsection if,
597 without permission of the owner of the property or some other person with authority to give
598 permission, the person pledges as collateral for a personal loan, or as collateral for the benefit
599 of some party, other than the owner or the person for whose benefit the property was entrusted,
600 the property that has been entrusted to the fiduciary.
601 (b) An offense under Subsection (3)(a) is punishable as:
602 (i) a felony of the second degree if the value of the property wrongfully pledged is or
603 exceeds $5,000;
604 (ii) a felony of the third degree if the value of the property wrongfully pledged is or
605 exceeds [$1,000] $1,500 but is less than $5,000;
606 (iii) a class A misdemeanor if the value of the property is or exceeds [$300] $500, but
607 is less than [$1,000] $1,500 or the actor has been twice before convicted of theft, robbery,
608 burglary with intent to commit theft, or unlawful dealing with property by a fiduciary; or
609 (iv) a class B misdemeanor if the value of the property is less than [$300] $500.
610 Section 15. Section 76-6-518 is amended to read:
611 76-6-518. Criminal simulation.
612 (1) A person is guilty of criminal simulation if, with intent to defraud another:
613 (a) he makes or alters an object in whole or in part so that it appears to have value
614 because of age, antiquity, rarity, source, or authorship that it does not have;
615 (b) he sells, passes, or otherwise utters an object so made or altered;
616 (c) he possesses an object so made or altered with intent to sell, pass, or otherwise
617 utter it; or

618 (d) he authenticates or certifies an object so made or altered as genuine or as different
619 from what it is.
620 (2) Criminal simulation is punishable as follows:
621 (a) If the value defrauded or intended to be defrauded is less than [$300] $500, the
622 offense is a class B misdemeanor.
623 (b) If the value defrauded or intended to be defrauded is or exceeds [$300] $500 but is
624 less than [$1,000] $1,500, the offense is a class A misdemeanor.
625 (c) If the value defrauded or intended to be defrauded is or exceeds [$1,000] $1,500
626 but is less than $5,000, the offense is a felony of the third degree.
627 (d) If the value defrauded or intended to be defrauded is or exceeds $5,000, the offense
628 is a felony of the second degree.
629 Section 16. Section 76-6-608 is amended to read:
630 76-6-608. Theft detection shielding devices prohibited -- Penalties.
631 (1) A person may not knowingly:
632 (a) make or possess any container or device used for, intended for use for, or
633 represented as having the purpose of shielding merchandise from any electronic or magnetic
634 theft alarm sensor, with the intent to commit a theft of merchandise;
635 (b) sell, offer to sell, advertise, give, transport, or otherwise transfer to another any
636 container or device intended for use for or represented as having the purpose of shielding
637 merchandise from any electronic or magnetic theft alarm sensor;
638 (c) possess any tool or instrument designed to remove any theft detection device from
639 any merchandise, with the intent to use the tool or instrument to remove any theft detection
640 device from any merchandise without the permission of the merchant or the person owning or
641 in possession of the merchandise; or
642 (d) intentionally remove a theft detection device from merchandise prior to purchase
643 and without the permission of the merchant.
644 (2) (a) A violation of Subsection (1)(a), (b), or (c) is a class A misdemeanor.
645 (b) A violation of Subsection (1)(d) is a:

646 (i) class B misdemeanor if the value of the merchandise from which the theft detection
647 device is removed is less than [$300] $500; or
648 (ii) class A misdemeanor if the value of the merchandise from which the theft
649 detection device is removed is or exceeds [$300] $500.
650 (3) A violation of Subsection (1) is a separate offense from any offense listed in Title
651 76, Chapter 6, Part 4, Theft, or Part 6, Retail Theft.
652 (4) Criminal prosecutions under this section do not affect any person's right of civil
653 action for redress for damages suffered as a result of any violation of this section.
654 Section 17. Section 76-6-703 is amended to read:
655 76-6-703. Computer crimes and penalties.
656 (1) A person who without authorization gains or attempts to gain access to and alters,
657 damages, destroys, discloses, or modifies any computer, computer network, computer
658 property, computer system, computer program, computer data or software, and thereby causes
659 damage to another, or obtains money, property, information, or a benefit for any person
660 without legal right, is guilty of:
661 (a) a class B misdemeanor when:
662 (i) the damage caused or the value of the money, property, or benefit obtained or
663 sought to be obtained is less than [$300] $500; or
664 (ii) the information obtained is not confidential;
665 (b) a class A misdemeanor when the damage caused or the value of the money,
666 property, or benefit obtained or sought to be obtained is or exceeds [$300] $500 but is less
667 than [$1,000] $1,500;
668 (c) a third degree felony when the damage caused or the value of the money, property,
669 or benefit obtained or sought to be obtained is or exceeds [$1,000] $1,500 but is less than
670 $5,000;
671 (d) a second degree felony when the damage caused or the value of the money,
672 property, or benefit obtained or sought to be obtained is or exceeds $5,000; or
673 (e) a third degree felony when:

674 (i) the property or benefit obtained or sought to be obtained is a license or entitlement;
675 (ii) the damage is to the license or entitlement of another person; or
676 (iii) the information obtained is confidential; or
677 (iv) in gaining access the person breaches or breaks through a security system.
678 (2) (a) Except as provided in Subsection (2)(b), a person who intentionally or
679 knowingly and without authorization gains or attempts to gain access to a computer, computer
680 network, computer property, or computer system under circumstances not otherwise
681 constituting an offense under this section is guilty of a class B misdemeanor.
682 (b) Notwithstanding Subsection (2)(a), a retailer that uses an electronic product
683 identification or tracking system, or other technology to identify, track, or price goods is not
684 guilty of a violation of Subsection (2)(a) if the equipment designed to read the electronic
685 product identification or tracking system data and used by the retailer to identify, track, or
686 price goods is located within the retailer's location.
687 (3) A person who uses or knowingly allows another person to use any computer,
688 computer network, computer property, or computer system, program, or software to devise or
689 execute any artifice or scheme to defraud or to obtain money, property, services, or other
690 things of value by false pretenses, promises, or representations, is guilty of an offense based on
691 the value of the money, property, services, or things of value, in the degree set forth in
692 Subsection 76-10-1801 (1).
693 (4) A person who intentionally or knowingly and without authorization, interferes with
694 or interrupts computer services to another authorized to receive the services is guilty of a class
695 A misdemeanor.
696 (5) It is an affirmative defense to Subsections (1) and (2) that a person obtained access
697 or attempted to obtain access in response to, and for the purpose of protecting against or
698 investigating, a prior attempted or successful breach of security of a computer, computer
699 network, computer property, computer system whose security the person is authorized or
700 entitled to protect, and the access attempted or obtained was no greater than reasonably
701 necessary for that purpose.

702 Section 18. Section 76-6-1204 is amended to read:
703 76-6-1204. Classification of offense.
704 (1) Notwithstanding any other administrative, civil, or criminal penalties, a person
705 who violates Section 76-6-1203 is guilty of a:
706 (a) class A misdemeanor when the value is or exceeds [$300] $500 but is less than
707 [$1,000] $1,500;
708 (b) third degree felony when the value is or exceeds [$1,000] $1,500 but is less than
709 $5,000;
710 (c) second degree felony when the value is or exceeds $5,000; and
711 (d) second degree felony when the object or purpose of the commission of an act of
712 mortgage fraud is the obtaining of sensitive personal identifying information, regardless of the
713 value.
714 (2) The determination of the degree of any offense under Subsection (1) is measured
715 by the total value of all property, money, or things obtained or sought to be obtained by a
716 violation of Section 76-6-1203 , except as provided in Subsection (1)(d).
717 (3) Each residential or commercial property transaction offense under this part
718 constitutes a separate violation.
719 Section 19. Section 76-8-1206 is amended to read:
720 76-8-1206. Penalties for public assistance fraud.
721 (1) The severity of the offense of public assistance fraud is classified in accordance
722 with the value of payments, assistance, or other benefits received, misappropriated, claimed, or
723 applied for as follows:
724 (a) second degree felony if the value is or exceeds $5,000;
725 (b) third degree felony if the value is or exceeds [$1,000] $1,500 but is less than
726 $5,000;
727 (c) class A misdemeanor if the value is or exceeds [$300] $500 but is less than
728 [$1,000] $1,500; and
729 (d) class B misdemeanor if the value is less than [$300] $500.

730 (2) For purposes of Subsection (1), the value of an offense is calculated by aggregating
731 the values of each instance of public assistance fraud committed by the defendant as part of
732 the same facts and circumstances or a related series of facts and circumstances.
733 (3) Incidents of trafficking in food stamps that occur within a six-month period,
734 committed by an individual or coconspirators, are deemed to be a related series of facts and
735 circumstances regardless of whether the transactions are conducted with a variety of unrelated
736 parties.
737 Section 20. Section 76-8-1301 is amended to read:
738 76-8-1301. False statements regarding unemployment compensation -- Penalties.
739 (1) (a) A person who makes a false statement or representation knowing it to be false
740 or knowingly fails to disclose a material fact, to obtain or increase a benefit or other payment
741 under Title 35A, Chapter 4, Employment Security Act, or under the Unemployment
742 Compensation Law of any state or of the federal government for any person is guilty of
743 unemployment insurance fraud.
744 (b) A violation of Subsection (1)(a) is:
745 (i) a class B misdemeanor when the value of the money obtained or sought to be
746 obtained is less than [$300] $500;
747 (ii) a class A misdemeanor when the value of the money obtained or sought to be
748 obtained is or exceeds [$300] $500 but is less than [$1,000] $1,500;
749 (iii) a third degree felony when the value of the money obtained or sought to be
750 obtained is or exceeds [$1,000] $1,500 but is less than $5,000; or
751 (iv) a second degree felony when the value of the money obtained or sought to be
752 obtained is or exceeds $5,000.
753 (c) The determination of the degree of an offense under Subsection (1)(b) shall be
754 measured by the total value of all money obtained or sought to be obtained by the unlawful
755 conduct.
756 (2) (a) An officer or agent of an employing unit as defined in Section 35A-4-202 or
757 any other person who makes a false statement or representation knowing it to be false, or who

758 knowingly fails to disclose a material fact, to prevent or reduce the payment of unemployment
759 compensation benefits to an individual entitled to those benefits, or to avoid becoming or
760 remaining a subject employer or to avoid or reduce any contribution or other payment required
761 from an employing unit under Title 35A, Chapter 4, Employment Security Act, or under the
762 Unemployment Compensation Law of any state or of the federal government, or who willfully
763 fails or refuses to make a contribution or other payment or to furnish any report required in
764 Title 35A, Chapter 4, Employment Security Act, or to produce or permit the inspection or
765 copying of records as required under that chapter is guilty of unemployment insurance fraud.
766 (b) A violation of Subsection (2)(a) is:
767 (i) a class B misdemeanor when the value of the money obtained or sought to be
768 obtained is less than [$300] $500;
769 (ii) a class A misdemeanor when the value of the money obtained or sought to be
770 obtained is or exceeds [$300] $500 but is less than [$1,000] $1,500;
771 (iii) a third degree felony when the value of the money obtained or sought to be
772 obtained is or exceeds [$1,000] $1,500 but is less than $5,000; or
773 (iv) a second degree felony when the value of the money obtained or sought to be
774 obtained is or exceeds $5,000.
775 (3) (a) A person who willfully violates any provision of Title 35A, Chapter 4,
776 Employment Security Act, or any order made under that chapter, the violation of which is
777 made unlawful or the observance of which is required under the terms of that chapter, and for
778 which a penalty is neither prescribed in that chapter nor provided by any other applicable
779 statute is guilty of a class A misdemeanor.
780 (b) Each day a violation of Subsection (3)(a) continues shall be a separate offense.
781 (4) A person is guilty of a class C misdemeanor if:
782 (a) as an employee of the Department of Workforce Services, in willful violation of
783 Section 35A-4-312 , the employee makes a disclosure of information obtained from an
784 employing unit or individual in the administration of Title 35A, Chapter 4, Employment
785 Security Act; or

786 (b) the person has obtained a list of applicants for work or of claimants or recipients of
787 benefits under Title 35A, Chapter 4, Employment Security Act, and uses or permits the use of
788 the list for any political purpose.
789 Section 21. Section 76-10-1801 is amended to read:
790 76-10-1801. Communications fraud -- Elements -- Penalties.
791 (1) Any person who has devised any scheme or artifice to defraud another or to obtain
792 from another money, property, or anything of value by means of false or fraudulent pretenses,
793 representations, promises, or material omissions, and who communicates directly or indirectly
794 with any person by any means for the purpose of executing or concealing the scheme or
795 artifice is guilty of:
796 (a) a class B misdemeanor when the value of the property, money, or thing obtained or
797 sought to be obtained is less than [$300] $500;
798 (b) a class A misdemeanor when the value of the property, money, or thing obtained or
799 sought to be obtained is or exceeds [$300] $500 but is less than [$1,000] $1,500;
800 (c) a third degree felony when the value of the property, money, or thing obtained or
801 sought to be obtained is or exceeds [$1,000] $1,500 but is less than $5,000;
802 (d) a second degree felony when the value of the property, money, or thing obtained or
803 sought to be obtained is or exceeds $5,000; and
804 (e) a second degree felony when the object or purpose of the scheme or artifice to
805 defraud is the obtaining of sensitive personal identifying information, regardless of the value.
806 (2) The determination of the degree of any offense under Subsection (1) shall be
807 measured by the total value of all property, money, or things obtained or sought to be obtained
808 by the scheme or artifice described in Subsection (1) except as provided in Subsection (1)(e).
809 (3) Reliance on the part of any person is not a necessary element of the offense
810 described in Subsection (1).
811 (4) An intent on the part of the perpetrator of any offense described in Subsection (1)
812 to permanently deprive any person of property, money, or thing of value is not a necessary
813 element of the offense.

814 (5) Each separate communication made for the purpose of executing or concealing a
815 scheme or artifice described in Subsection (1) is a separate act and offense of communication
816 fraud.
817 (6) (a) To communicate as described in Subsection (1) means to:
818 (i) bestow, convey, make known, recount, or impart;
819 (ii) give by way of information;
820 (iii) talk over; or
821 (iv) transmit information.
822 (b) Means of communication include use of the mail, telephone, telegraph, radio,
823 television, newspaper, computer, and spoken and written communication.
824 (7) A person may not be convicted under this section unless the pretenses,
825 representations, promises, or material omissions made or omitted were made or omitted
826 intentionally, knowingly, or with a reckless disregard for the truth.
827 (8) As used in this section, "sensitive personal identifying information" means
828 information regarding an individual's:
829 (a) Social Security number;
830 (b) driver's license number or other government issued identification number;
831 (c) financial account number or credit or debit card number;
832 (d) password or personal identification number or other identification required to gain
833 access to a financial account or a secure website;
834 (e) automated or electronic signature;
835 (f) unique biometric data; or
836 (g) any other information that can be used to gain access to an individual's financial
837 accounts or to obtain goods or services.
838 Section 22. Section 78A-6-703 is amended to read:
839 78A-6-703. Certification hearings -- Juvenile court to hold preliminary hearing
840 -- Factors considered by juvenile court for waiver of jurisdiction to district court.
841 (1) If a criminal information filed in accordance with Subsection 78A-6-602 (3) alleges

842 the commission of an act which would constitute a felony if committed by an adult, the
843 juvenile court shall conduct a preliminary hearing.
844 (2) At the preliminary hearing the state shall have the burden of going forward with its
845 case and the burden of establishing:
846 (a) probable cause to believe that a crime was committed and that the defendant
847 committed it; and
848 (b) by a preponderance of the evidence, that it would be contrary to the best interests
849 of the minor or of the public for the juvenile court to retain jurisdiction.
850 (3) In considering whether or not it would be contrary to the best interests of the minor
851 or of the public for the juvenile court to retain jurisdiction, the juvenile court shall consider,
852 and may base its decision on, the finding of one or more of the following factors:
853 (a) the seriousness of the offense and whether the protection of the community
854 requires isolation of the minor beyond that afforded by juvenile facilities;
855 (b) whether the alleged offense was committed by the minor under circumstances
856 which would subject the minor to enhanced penalties under Section 76-3-203.1 if the minor
857 were adult and the offense was committed:
858 (i) in concert with two or more persons [under circumstances which would subject the
859 minor to enhanced penalties under Section 76-3-203.1 were he an adult];
860 (ii) for the benefit of, at the direction of, or in association with any criminal street
861 gang as defined in Section 76-9-802 ; or
862 (iii) to gain recognition, acceptance, membership, or increased status with a criminal
863 street gang as defined in Section 76-9-802 ;
864 (c) whether the alleged offense was committed in an aggressive, violent, premeditated,
865 or willful manner;
866 (d) whether the alleged offense was against persons or property, greater weight being
867 given to offenses against persons, except as provided in Section 76-8-418 ;
868 (e) the maturity of the minor as determined by considerations of [his] the minor's
869 home, environment, emotional attitude, and pattern of living;

870 (f) the record and previous history of the minor;
871 (g) the likelihood of rehabilitation of the minor by use of facilities available to the
872 juvenile court;
873 (h) the desirability of trial and disposition of the entire offense in one court when the
874 minor's associates in the alleged offense are adults who will be charged with a crime in the
875 district court;
876 (i) whether the minor used a firearm in the commission of an offense; and
877 (j) whether the minor possessed a dangerous weapon on or about school premises as
878 provided in Section 76-10-505.5 .
879 (4) The amount of weight to be given to each of the factors listed in Subsection (3) is
880 discretionary with the court.
881 (5) (a) Written reports and other materials relating to the minor's mental, physical,
882 educational, and social history may be considered by the court.
883 (b) If requested by the minor, the minor's parent, guardian, or other interested party,
884 the court shall require the person or agency preparing the report and other material to appear
885 and be subject to both direct and cross-examination.
886 (6) At the conclusion of the state's case, the minor may testify under oath, call
887 witnesses, cross-examine adverse witnesses, and present evidence on the factors required by
888 Subsection (3).
889 (7) If the court finds the state has met its burden under Subsection (2), the court may
890 enter an order:
891 (a) certifying that finding; and
892 (b) directing that the minor be held for criminal proceedings in the district court.
893 (8) If an indictment is returned by a grand jury, the preliminary examination held by
894 the juvenile court need not include a finding of probable cause, but the juvenile court shall
895 proceed in accordance with this section regarding the additional consideration referred to in
896 Subsection (2)(b).
897 (9) The provisions of Section 78A-6-115 , Section 78A-6-1111 , and other provisions

898 relating to proceedings in juvenile cases are applicable to the hearing held under this section to
899 the extent they are pertinent.
900 (10) A minor who has been directed to be held for criminal proceedings in the district
901 court is not entitled to a preliminary examination in the district court.
902 (11) A minor who has been certified for trial in the district court shall have the same
903 right to bail as any other criminal defendant and shall be advised of that right by the juvenile
904 court judge. The juvenile court shall set initial bail in accordance with Title 77, Chapter 20,
905 Bail.
906 (12) When a minor has been certified to the district court under this section or when a
907 criminal information or indictment is filed in a court of competent jurisdiction before a
908 committing magistrate charging the minor with an offense described in Section 78A-6-702 ,
909 the jurisdiction of the Division of Juvenile Justice Services and the jurisdiction of the juvenile
910 court over the minor is terminated regarding that offense, any other offenses arising from the
911 same criminal episode, and any subsequent misdemeanors or felonies charged against [him]
912 the minor, except as provided in Subsection (14).
913 (13) If a minor enters a plea to, or is found guilty of any of the charges filed or on any
914 other offense arising out of the same criminal episode, the district court retains jurisdiction
915 over the minor for all purposes, including sentencing.
916 (14) The juvenile court under Section 78A-6-103 and the Division of Juvenile Justice
917 Services regain jurisdiction and any authority previously exercised over the minor when there
918 is an acquittal, a finding of not guilty, or dismissal of all charges in the district court.
919 Section 23. Section 78B-6-1101 is amended to read:
920 78B-6-1101. Definitions -- Nuisance -- Right of action.
921 (1) A nuisance is anything which is injurious to health, indecent, offensive to the
922 senses, or an obstruction to the free use of property, so as to interfere with the comfortable
923 enjoyment of life or property. A nuisance may be the subject of an action.
924 (2) A nuisance may include the following:
925 (a) drug houses and drug dealing as provided in Section 78B-6-1107 ;

926 (b) gambling as provided in Title 76, Chapter 10, Part 11;
927 (c) criminal activity committed in concert with two or more persons as provided in
928 Section 76-3-203.1 ;
929 (d) criminal activity committed for the benefit of, at the direction of, or in association
930 with any criminal street gang as defined in Section 76-9-802 ;
931 (e) criminal activity committed to gain recognition, acceptance, membership, or
932 increased status with a criminal street gang as defined in Section 76-9-802 ;
933 [(d)] (f) party houses which frequently create conditions defined in Subsection (1);
934 and
935 [(e)] (g) prostitution as provided in Title 76, Chapter 10, Part 13.
936 (3) A nuisance under this part includes tobacco smoke that drifts into any residential
937 unit a person rents, leases, or owns, from another residential or commercial unit and the
938 smoke:
939 (a) drifts in more than once in each of two or more consecutive seven-day periods; and
940 (b) creates any of the conditions under Subsection (1).
941 (4) Subsection (3) does not apply to:
942 (a) residential rental units available for temporary rental, such as for vacations, or
943 available for only 30 or fewer days at a time; or
944 (b) hotel or motel rooms.
945 (5) Subsection (3) does not apply to any unit that is part of a timeshare development,
946 as defined in Section 57-19-2 , or subject to a timeshare interest as defined in Section 57-19-2 .
947 (6) An action may be brought by any person whose property is injuriously affected, or
948 whose personal enjoyment is lessened by the nuisance.
949 (7) "Agricultural operation" means any activity engaged in the commercial production
950 of crops, orchards, aquaculture, livestock, poultry, livestock products, poultry products, and
951 the facilities, equipment, and property used to facilitate the activity.
952 (8) "Manufacturing facility" means any factory, plant, or other facility including its
953 appurtenances, where the form of raw materials, processed materials, commodities, or other

954 physical objects is converted or otherwise changed into other materials, commodities, or
955 physical objects or where such materials, commodities, or physical objects are combined to
956 form a new material, commodity, or physical object.
957 Section 24. Section 78B-6-1107 is amended to read:
958 78B-6-1107. Nuisance -- Right of action to abate nuisances -- Drug houses and
959 drug dealing -- Gambling -- Criminal activity -- Prostitution -- Weapons.
960 (1) Every building or place is a nuisance where:
961 (a) the unlawful sale, manufacture, service, storage, distribution, dispensing, or
962 acquisition occurs of any controlled substance, precursor, or analog specified in Title 58,
963 Chapter 37, Utah Controlled Substances Act;
964 (b) gambling is permitted to be played, conducted, or dealt upon as prohibited in Title
965 76, Chapter 10, Part 11, Gambling, which creates the conditions of a nuisance as defined in
966 Subsection 78B-6-1101 (1);
967 (c) criminal activity is committed in concert with two or more persons as provided in
968 Section 76-3-203.1 ;
969 (d) criminal activity is committed for the benefit of, at the direction of, or in
970 association with any criminal street gang as defined in Section 76-9-802 ;
971 (e) criminal activity is committed to gain recognition, acceptance, membership, or
972 increased status with a criminal street gang as defined in Section 76-9-802 ;
973 [(d)] (f) parties occur frequently which create the conditions of a nuisance as defined
974 in Subsection 78B-6-1101 (1);
975 [(e)] (g) prostitution or promotion of prostitution is regularly carried on by one or
976 more persons as provided in Title 76, Chapter 10, Part 13, Prostitution; and
977 [(f)] (h) a violation of Title 76, Chapter 10, Part 5, Weapons, occurs on the premises.
978 (2) It is a defense to nuisance under Subsection (1)(a) if the defendant can prove that
979 the defendant is lawfully entitled to possession of a controlled substance.
980 (3) Sections 78B-6-1108 through 78B-6-1114 govern only an abatement by eviction
981 of the nuisance as defined in Subsection (1).

982 Section 25. Effective date.
983 This bill takes effect on November 1, 2010.