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7 LONG TITLE
8 General Description:
9 This bill modifies the Utah Criminal Code regarding offenses committed with other
10 persons.
11 Highlighted Provisions:
12 This bill adds retaliation against a witness, victim, or informant as an offense for which
13 a person is subject to an enhanced penalty if the person is found to have acted in concert
14 with two or more persons or the action was related to criminal street gang activity.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 76-3-203.1, as last amended by Laws of Utah 2011, Chapter 320
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23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 76-3-203.1 is amended to read:
25 76-3-203.1. Offenses committed in concert with two or more persons or in
26 relation to a criminal street gang -- Notice -- Enhanced penalties.
27 (1) As used in this section:
28 (a) "Criminal street gang" has the same definition as in Section 76-9-802.
29 (b) "In concert with two or more persons" means:
30 (i) the defendant was aided or encouraged by at least two other persons in committing
31 the offense and was aware of this aid or encouragement; and
32 (ii) each of the other persons:
33 (A) was physically present; or
34 (B) participated as a party to any offense listed in Subsection (5).
35 (c) "In concert with two or more persons" means, regarding intent:
36 (i) other persons participating as parties need not have the intent to engage in the same
37 offense or degree of offense as the defendant; and
38 (ii) a minor is a party if the minor's actions would cause the minor to be a party if the
39 minor were an adult.
40 (2) A person who commits any offense listed in Subsection (5) is subject to an
41 enhanced penalty for the offense as provided in Subsection (4) if the trier of fact finds beyond a
42 reasonable doubt that the person acted:
43 (a) in concert with two or more persons;
44 (b) for the benefit of, at the direction of, or in association with any criminal street gang
45 as defined in Section 76-9-802; or
46 (c) to gain recognition, acceptance, membership, or increased status with a criminal
47 street gang as defined in Section 76-9-802.
48 (3) The prosecuting attorney, or grand jury if an indictment is returned, shall cause to
49 be subscribed upon the information or indictment notice that the defendant is subject to the
50 enhanced penalties provided under this section.
51 (4) The enhanced penalty for a:
52 (a) class B misdemeanor is a class A misdemeanor;
53 (b) class A misdemeanor is a third degree felony;
54 (c) third degree felony is a second degree felony;
55 (d) second degree felony is a first degree felony; and
56 (e) first degree felony is an indeterminate prison term of not less than five years in
57 addition to the statutory minimum prison term for the offense, and which may be for life.
58 (5) Offenses referred to in Subsection (2) are:
59 (a) any criminal violation of the following chapters of Title 58, Occupations and
60 Professions:
61 (i) Chapter 37, Utah Controlled Substances Act;
62 (ii) Chapter 37a, Utah Drug Paraphernalia Act;
63 (iii) Chapter 37b, Imitation Controlled Substances Act; or
64 (iv) Chapter 37c, Utah Controlled Substance Precursor Act;
65 (b) assault and related offenses under Title 76, Chapter 5, Part 1, Assault and Related
66 Offenses;
67 (c) any criminal homicide offense under Title 76, Chapter 5, Part 2, Criminal
68 Homicide;
69 (d) kidnapping and related offenses under Title 76, Chapter 5, Part 3, Kidnapping,
70 Trafficking, and Smuggling;
71 (e) any felony sexual offense under Title 76, Chapter 5, Part 4, Sexual Offenses;
72 (f) sexual exploitation of a minor as defined in Section 76-5b-201;
73 (g) any property destruction offense under Title 76, Chapter 6, Part 1, Property
74 Destruction;
75 (h) burglary, criminal trespass, and related offenses under Title 76, Chapter 6, Part 2,
76 Burglary and Criminal Trespass;
77 (i) robbery and aggravated robbery under Title 76, Chapter 6, Part 3, Robbery;
78 (j) theft and related offenses under Title 76, Chapter 6, Part 4, Theft, or Part 6, Retail
79 Theft;
80 (k) any fraud offense under Title 76, Chapter 6, Part 5, Fraud, except Sections
81 76-6-504, 76-6-505, 76-6-507, 76-6-508, 76-6-509, 76-6-510, 76-6-511, 76-6-512, 76-6-513,
82 76-6-514, 76-6-516, 76-6-517, 76-6-518, and 76-6-520;
83 (l) any offense of obstructing government operations under Title 76, Chapter 8, Part 3,
84 Obstructing Governmental Operations, except Sections 76-8-302, 76-8-303, 76-8-304,
85 76-8-307, 76-8-308, and 76-8-312;
86 (m) tampering with a witness or other violation of Section 76-8-508;
87 (n) retaliation against a witness, victim, informant, or other violation of Section
88 76-8-508.3;
89 [
90 76-8-509;
91 [
92 [
93 [
94 Chapter 10, Part 12, Pornographic and Harmful Materials and Performances;
95 [
96 Prostitution;
97 [
98 [
99 Act;
100 [
101 [
102 Currency Transaction Reporting Act; and
103 [
104 (6) It is not a bar to imposing the enhanced penalties under this section that the persons
105 with whom the actor is alleged to have acted in concert are not identified, apprehended,
106 charged, or convicted, or that any of those persons are charged with or convicted of a different
107 or lesser offense.