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8 LONG TITLE
9 General Description:
10 This bill modifies provisions in Title 76, Utah Criminal Code, by redrafting offense
11 statutes into a new structure and clarifies existing law.
12 Highlighted Provisions:
13 This bill:
14 ▸ reorders language into a standardized format and clarifies existing law, including
15 the offenses in Title 76, Chapter 6, Offenses Against Property, and Chapter 6a,
16 Pyramid Scheme Act;
17 ▸ moves penalty enhancement statutes to part concerning penalty enhancements;
18 ▸ for clarity, revises penalty provisions in several offenses in Title 76, Chapter 5,
19 Offenses Against the Individual;
20 ▸ for clarity, codifies names of offenses;
21 ▸ reorganizes the offenses of criminal mischief and property damage or destruction by
22 enacting property damage or destruction as a stand-alone statute;
23 ▸ reorganizes the offense concerning defacement by graffiti;
24 ▸ reorganizes the offenses of criminal trespass on agricultural land or range land and
25 cutting, destroying, or rendering ineffective fencing of agricultural or range land by
26 enacting cutting, destroying, or rendering ineffective fencing of agricultural or range
27 land as a stand-alone statute;
28 ▸ repeals stand-alone penalty statute for theft and incorporates penalty information
29 into applicable statutes;
30 ▸ renames the offense of wrongful appropriation to unauthorized possession of
31 property;
32 ▸ renames the offense of receiving stolen property to theft by receiving stolen
33 property;
34 ▸ reorganizes the offenses of forgery and producing or transferring false identification
35 by enacting producing or transferring false identification as a stand-alone statute;
36 ▸ clarifies application of law enforcement defense and forfeiture provisions as applied
37 to fraud offenses;
38 ▸ reorganizes the offenses of wrongful liens and fraudulent handling of recordable
39 writings by enacting fraudulent handling of recordable writings as a stand-alone
40 offense;
41 ▸ reorganizes financial transaction card offenses by enacting separate stand-alone
42 offenses;
43 ▸ reorganizes computer crimes offenses by enacting separate stand-alone offenses;
44 ▸ for clarity, revises names of offenses concerning library theft;
45 ▸ reorganizes offenses concerning cultural sites protection by enacting separate
46 stand-alone offenses and incorporating existing penalties into each offense;
47 ▸ repeals the stand-alone penalty statute for violations by metal dealers and
48 incorporates the penalty information into new offense sections enacted adjacent to
49 the relevant statutory requirements;
50 ▸ for clarity, reorganizes offenses concerning pyramid schemes; and
51 ▸ makes technical and conforming changes.
52 Money Appropriated in this Bill:
53 None
54 Other Special Clauses:
55 None
56 Utah Code Sections Affected:
57 AMENDS:
58 13-19-3, as last amended by Laws of Utah 2018, Chapter 433
59 24-1-102, as last amended by Laws of Utah 2022, Chapter 179
60 26-7-14, as last amended by Laws of Utah 2022, Chapter 430
61 26-20-9, as last amended by Laws of Utah 2007, Chapter 48
62 31A-23a-409, as last amended by Laws of Utah 2021, Chapter 252
63 31A-36-118, as last amended by Laws of Utah 2009, Chapter 355
64 35A-4-312.5, as last amended by Laws of Utah 2011, Chapter 57
65 41-1a-1314, as last amended by Laws of Utah 2005, Chapter 71
66 58-9-607, as last amended by Laws of Utah 2020, Chapter 251
67 58-9-613, as enacted by Laws of Utah 2018, Chapter 326
68 58-55-503, as last amended by Laws of Utah 2022, Chapter 415
69 63M-7-404, as last amended by Laws of Utah 2022, Chapters 115, 185 and 328
70 73-2-27, as last amended by Laws of Utah 2015, Chapters 245, 249
71 76-3-203.1, as last amended by Laws of Utah 2022, Chapter 185
72 76-3-203.3, as last amended by Laws of Utah 2020, Chapter 394
73 76-3-203.5, as last amended by Laws of Utah 2022, Chapters 181, 185 and 418
74 76-5-102.1, as enacted by Laws of Utah 2022, Chapter 116
75 76-5-207.5, as last amended by Laws of Utah 2022, Chapters 181, 426
76 76-5-208, as last amended by Laws of Utah 2022, Chapter 181
77 76-6-101, as last amended by Laws of Utah 2011, Chapter 340
78 76-6-102, as last amended by Laws of Utah 2022, Chapter 181
79 76-6-103, as last amended by Laws of Utah 1986, Chapter 59
80 76-6-104, as last amended by Laws of Utah 2010, Chapter 193
81 76-6-104.5, as last amended by Laws of Utah 2009, Chapter 320
82 76-6-105, as last amended by Laws of Utah 2002, Chapter 166
83 76-6-106, as last amended by Laws of Utah 2012, Chapter 135
84 76-6-107, as last amended by Laws of Utah 2019, Chapters 292, 494
85 76-6-107.5, as enacted by Laws of Utah 2019, Chapter 292
86 76-6-108, as last amended by Laws of Utah 2000, Chapter 54
87 76-6-111, as last amended by Laws of Utah 2021, Chapters 57, 260
88 76-6-112, as enacted by Laws of Utah 2012, Chapter 213
89 76-6-202, as last amended by Laws of Utah 2012, Chapter 303
90 76-6-203, as last amended by Laws of Utah 2022, Chapter 181
91 76-6-204, as enacted by Laws of Utah 1973, Chapter 196
92 76-6-204.5, as enacted by Laws of Utah 2008, Chapter 366
93 76-6-205, as enacted by Laws of Utah 1973, Chapter 196
94 76-6-206, as last amended by Laws of Utah 2022, Chapter 87
95 76-6-206.1, as enacted by Laws of Utah 1997, Chapter 223
96 76-6-206.2, as last amended by Laws of Utah 2021, Chapters 260, 280
97 76-6-206.3, as last amended by Laws of Utah 2022, Chapter 87
98 76-6-206.4, as enacted by Laws of Utah 2017, Chapter 287
99 76-6-301, as last amended by Laws of Utah 2004, Chapter 112
100 76-6-302, as last amended by Laws of Utah 2022, Chapter 181
101 76-6-403, as last amended by Laws of Utah 1974, Chapter 32
102 76-6-404, as enacted by Laws of Utah 1973, Chapter 196
103 76-6-404.5, as last amended by Laws of Utah 2001, Chapter 48
104 76-6-404.7, as enacted by Laws of Utah 2009, Chapter 328
105 76-6-405, as last amended by Laws of Utah 2012, Chapter 156
106 76-6-406, as last amended by Laws of Utah 2022, Chapter 164
107 76-6-407, as enacted by Laws of Utah 1973, Chapter 196
108 76-6-408, as last amended by Laws of Utah 2022, Chapter 201
109 76-6-409, as last amended by Laws of Utah 1994, Chapter 215
110 76-6-409.1, as last amended by Laws of Utah 1987, Chapter 38
111 76-6-409.3, as last amended by Laws of Utah 2010, Chapter 193
112 76-6-409.5, as last amended by Laws of Utah 1997, Chapter 78
113 76-6-409.6, as last amended by Laws of Utah 1997, Chapter 78
114 76-6-409.7, as last amended by Laws of Utah 1997, Chapter 78
115 76-6-409.8, as last amended by Laws of Utah 1997, Chapter 78
116 76-6-409.9, as last amended by Laws of Utah 1997, Chapter 78
117 76-6-409.10, as last amended by Laws of Utah 1996, Chapter 79
118 76-6-410, as enacted by Laws of Utah 1973, Chapter 196
119 76-6-410.5, as enacted by Laws of Utah 2001, Chapter 112
120 76-6-413, as enacted by Laws of Utah 1997, Chapter 119
121 76-6-501, as last amended by Laws of Utah 2016, Chapter 117
122 76-6-502, as last amended by Laws of Utah 2018, Chapter 221
123 76-6-503.5, as last amended by Laws of Utah 2014, Chapter 114
124 76-6-503.7, as enacted by Laws of Utah 2015, Chapter 228
125 76-6-504, as last amended by Laws of Utah 2005, Chapter 93
126 76-6-505, as last amended by Laws of Utah 2010, Chapter 193
127 76-6-506, as last amended by Laws of Utah 2010, Chapter 254
128 76-6-506.2, as last amended by Laws of Utah 2009, Chapter 166
129 76-6-506.3, as last amended by Laws of Utah 2018, Chapter 221
130 76-6-506.6, as enacted by Laws of Utah 1991, Chapter 60
131 76-6-506.7, as last amended by Laws of Utah 2015, Chapter 258
132 76-6-507, as last amended by Laws of Utah 1985, Chapter 157
133 76-6-508, as last amended by Laws of Utah 1991, Chapter 241
134 76-6-509, as enacted by Laws of Utah 1973, Chapter 196
135 76-6-510, as enacted by Laws of Utah 1973, Chapter 196
136 76-6-511, as last amended by Laws of Utah 1991, Chapter 241
137 76-6-512, as last amended by Laws of Utah 1997, Chapter 10
138 76-6-513, as last amended by Laws of Utah 2019, Chapter 211
139 76-6-514, as enacted by Laws of Utah 1973, Chapter 196
140 76-6-515, as enacted by Laws of Utah 1973, Chapter 196
141 76-6-516, as enacted by Laws of Utah 1973, Chapter 196
142 76-6-517, as enacted by Laws of Utah 1973, Chapter 196
143 76-6-518, as last amended by Laws of Utah 2010, Chapter 193
144 76-6-520, as enacted by Laws of Utah 1973, Chapter 196
145 76-6-521, as last amended by Laws of Utah 2022, Chapter 198
146 76-6-522, as last amended by Laws of Utah 1992, Chapter 1
147 76-6-523, as enacted by Laws of Utah 2009, Chapter 306
148 76-6-524, as last amended by Laws of Utah 2012, Chapter 278
149 76-6-601, as last amended by Laws of Utah 1998, Chapter 282
150 76-6-602, as enacted by Laws of Utah 1979, Chapter 78
151 76-6-608, as last amended by Laws of Utah 2010, Chapter 193
152 76-6-703, as last amended by Laws of Utah 2017, Chapters 462, 467
153 76-6-705, as last amended by Laws of Utah 2017, Chapter 462
154 76-6-801, as last amended by Laws of Utah 1987, Chapter 245
155 76-6-803, as last amended by Laws of Utah 1987, Chapter 245
156 76-6-803.30, as enacted by Laws of Utah 1987, Chapter 245
157 76-6-803.60, as enacted by Laws of Utah 1987, Chapter 245
158 76-6-803.90, as enacted by Laws of Utah 1987, Chapter 245
159 76-6-902, as last amended by Laws of Utah 2006, Chapter 111
160 76-6-1001, as last amended by Laws of Utah 2021, Chapter 329
161 76-6-1002, as last amended by Laws of Utah 2002, Chapter 166
162 76-6-1003, as last amended by Laws of Utah 2020, Chapter 223
163 76-6-1102, as last amended by Laws of Utah 2021, Chapter 260
164 76-6-1105, as last amended by Laws of Utah 2021, Chapter 260
165 76-6-1203, as enacted by Laws of Utah 2008, Chapter 370
166 76-6-1303, as last amended by Laws of Utah 2015, Chapter 258
167 76-6-1403, as last amended by Laws of Utah 2014, Chapter 261
168 76-6-1404, as renumbered and amended by Laws of Utah 2013, Chapter 187
169 76-6-1405, as renumbered and amended by Laws of Utah 2013, Chapter 187
170 76-6-1406, as last amended by Laws of Utah 2022, Chapter 201
171 76-6-1408, as last amended by Laws of Utah 2016, Chapter 316
172 76-6-1409, as renumbered and amended by Laws of Utah 2013, Chapter 187
173 76-9-201, as last amended by Laws of Utah 2021, Chapter 152
174 76-10-204, as last amended by Laws of Utah 2002, Chapter 166
175 76-10-1302, as last amended by Laws of Utah 2022, Chapters 124, 181 and 185
176 76-10-1602, as last amended by Laws of Utah 2022, Chapters 181, 185
177 77-18-105, as last amended by Laws of Utah 2022, Chapters 115, 359
178 77-23a-8, as last amended by Laws of Utah 2022, Chapter 430
179 77-36-1.1, as last amended by Laws of Utah 2021, Chapter 213
180 77-42-105, as last amended by Laws of Utah 2016, Chapter 319
181 78B-3-108, as last amended by Laws of Utah 2022, Chapter 201
182 78B-9-104, as last amended by Laws of Utah 2022, Chapter 120
183 80-6-610, as renumbered and amended by Laws of Utah 2021, Chapter 261
184 80-6-709, as last amended by Laws of Utah 2022, Chapter 155
185 ENACTS:
186 76-6-106.1, Utah Code Annotated 1953
187 76-6-206.5, Utah Code Annotated 1953
188 76-6-412.1, Utah Code Annotated 1953
189 76-6-501.5, Utah Code Annotated 1953
190 76-6-503.6, Utah Code Annotated 1953
191 76-6-506.8, Utah Code Annotated 1953
192 76-6-506.9, Utah Code Annotated 1953
193 76-6-703.1, Utah Code Annotated 1953
194 76-6-703.3, Utah Code Annotated 1953
195 76-6-703.5, Utah Code Annotated 1953
196 76-6-703.7, Utah Code Annotated 1953
197 76-6-902.1, Utah Code Annotated 1953
198 76-6-902.2, Utah Code Annotated 1953
199 76-6-1403.1, Utah Code Annotated 1953
200 76-6-1404.1, Utah Code Annotated 1953
201 76-6-1405.1, Utah Code Annotated 1953
202 76-6-1406.1, Utah Code Annotated 1953
203 76-6-1409.1, Utah Code Annotated 1953
204 76-6a-102, Utah Code Annotated 1953
205 76-6a-103, Utah Code Annotated 1953
206 REPEALS AND REENACTS:
207 76-6-1101, as enacted by Laws of Utah 2000, Chapter 57
208 RENUMBERS AND AMENDS:
209 76-3-203.15, (Renumbered from 76-6-109, as last amended by Laws of Utah 2000,
210 Chapter 214)
211 76-3-203.16, (Renumbered from 76-6-110, as last amended by Laws of Utah 2021,
212 Chapter 57)
213 76-3-410, (Renumbered from 76-6-107.1, as last amended by Laws of Utah 2021,
214 Chapter 260)
215 76-6a-101, (Renumbered from 76-6a-2, as last amended by Laws of Utah 2006,
216 Chapter 247)
217 76-6a-104, (Renumbered from 76-6a-6, as enacted by Laws of Utah 1983, Chapter 89)
218 REPEALS:
219 76-6-412, as last amended by Laws of Utah 2022, Chapter 201
220 76-6-506.5, as last amended by Laws of Utah 2010, Chapter 193
221 76-6-606, as last amended by Laws of Utah 2000, Chapter 236
222 76-6-701, as last amended by Laws of Utah 1986, Chapter 123
223 76-6-802, as last amended by Laws of Utah 1987, Chapter 245
224 76-6-804, as enacted by Laws of Utah 1981, Chapter 168
225 76-6-805, as enacted by Laws of Utah 1981, Chapter 168
226 76-6-903, as last amended by Laws of Utah 2013, Chapter 394
227 76-6-1004, as enacted by Laws of Utah 1998, Chapter 87
228 76-6-1201, as enacted by Laws of Utah 2008, Chapter 370
229 76-6-1204, as last amended by Laws of Utah 2010, Chapter 193
230 76-6-1301, as enacted by Laws of Utah 2012, Chapter 32
231 76-6-1401, as renumbered and amended by Laws of Utah 2013, Chapter 187
232 76-6-1407, as last amended by Laws of Utah 2016, Chapter 316
233 76-6a-1, as enacted by Laws of Utah 1983, Chapter 89
234 76-6a-3, as last amended by Laws of Utah 2006, Chapter 247
235 76-6a-4, as last amended by Laws of Utah 2006, Chapter 247
236 76-6a-5, as enacted by Laws of Utah 1983, Chapter 89
237
238 Be it enacted by the Legislature of the state of Utah:
239 Section 1. Section 13-19-3 is amended to read:
240 13-19-3. Violation an infraction.
241 Notwithstanding the penalty provisions of [
242 6, Retail Theft, a violation of this chapter is an infraction.
243 Section 2. Section 24-1-102 is amended to read:
244 24-1-102. Definitions.
245 As used in this title:
246 (1) "Account" means the Criminal Forfeiture Restricted Account created in Section
247 24-4-116.
248 (2) (a) "Acquitted" means a finding by a jury or a judge at trial that a claimant is not
249 guilty.
250 (b) "Acquitted" does not include:
251 (i) a verdict of guilty on a lesser or reduced charge;
252 (ii) a plea of guilty to a lesser or reduced charge; or
253 (iii) dismissal of a charge as a result of a negotiated plea agreement.
254 (3) (a) "Agency" means an agency of this state or a political subdivision of this state.
255 (b) "Agency" includes a law enforcement agency or a multijurisdictional task force.
256 (4) "Claimant" means:
257 (a) an owner of property as defined in this section;
258 (b) an interest holder as defined in this section; or
259 (c) an individual or entity who asserts a claim to any property seized for forfeiture
260 under this title.
261 (5) "Commission" means the State Commission on Criminal and Juvenile Justice
262 created in Section 63M-7-201.
263 (6) "Complaint" means a civil or criminal complaint seeking the forfeiture of any real
264 or personal property under this title.
265 (7) (a) "Computer" means an electronic, magnetic, optical, electrochemical, or other
266 high-speed data processing device that performs logical, arithmetic, and storage functions.
267 (b) "Computer" includes any device that is used for the storage of digital or electronic
268 files, flash memory, software, or other electronic information.
269 (c) "Computer" does not mean a computer server of an Internet or electronic service
270 provider, or the service provider's employee, if used to comply with the requirements under 18
271 U.S.C. Sec. 2258A.
272 (8) "Constructive seizure" means a seizure of property where the property is left in the
273 control of the owner and an agency posts the property with a notice of intent to seek forfeiture.
274 (9) (a) "Contraband" means any property, item, or substance that is unlawful to
275 produce or to possess under state or federal law.
276 (b) "Contraband" includes:
277 (i) a controlled substance that is possessed, transferred, distributed, or offered for
278 distribution in violation of Title 58, Chapter 37, Utah Controlled Substances Act; or
279 (ii) a computer that:
280 (A) contains or houses child pornography, or is used to create, download, transfer,
281 upload to a storage account, or store any electronic or digital files containing child
282 pornography; or
283 (B) contains the personal identifying information of another individual, as defined in
284 [
285 the personal identifying information has been used to create false or fraudulent identification
286 documents or financial transaction cards in violation of Title 76, Chapter 6, Part 5, Fraud.
287 (10) "Forfeit" means to divest a claimant of an ownership interest in property seized
288 under this title.
289 (11) "Innocent owner" means a claimant who:
290 (a) held an ownership interest in property at the time of the commission of an offense
291 subjecting the property to forfeiture under this title, and:
292 (i) did not have actual knowledge of the offense subjecting the property to forfeiture; or
293 (ii) upon learning of the commission of the offense, took reasonable steps to prohibit
294 the use of the property in the commission of the offense; or
295 (b) acquired an ownership interest in the property and had no knowledge that the
296 commission of the offense subjecting the property to forfeiture under this title had occurred or
297 that the property had been seized for forfeiture, and:
298 (i) acquired the property in a bona fide transaction for value;
299 (ii) was an individual, including a minor child, who acquired an interest in the property
300 through probate or inheritance; or
301 (iii) was a spouse who acquired an interest in property through dissolution of marriage
302 or by operation of law.
303 (12) (a) "Interest holder" means a secured party as defined in Section 70A-9a-102, a
304 party with a right-of-offset, a mortgagee, lien creditor, or the beneficiary of a security interest
305 or encumbrance pertaining to an interest in property, whose interest would be perfected against
306 a good faith purchaser for value.
307 (b) "Interest holder" does not mean a person:
308 (i) who holds property for the benefit of or as an agent or nominee for another person;
309 or
310 (ii) who is not in substantial compliance with any statute requiring an interest in
311 property to be:
312 (A) recorded or reflected in public records in order to perfect the interest against a good
313 faith purchaser for value; or
314 (B) held in control by a secured party, as defined in Section 70A-9a-102, in accordance
315 with Section 70A-9a-314 in order to perfect the interest against a good faith purchaser for
316 value.
317 (13) "Known address" means any address provided by a claimant to the peace officer
318 or agency at the time the property is seized, or the claimant's most recent address on record
319 with a governmental entity if no address was provided at the time of the seizure.
320 (14) "Legal costs" means the costs and expenses incurred by a party in a forfeiture
321 action.
322 (15) "Legislative body" means:
323 (a) (i) the Legislature, county commission, county council, city commission, city
324 council, or town council that has fiscal oversight and budgetary approval authority over an
325 agency; or
326 (ii) the agency's governing political subdivision; or
327 (b) the lead governmental entity of a multijurisdictional task force, as designated in a
328 memorandum of understanding executed by the agencies participating in the task force.
329 (16) "Multijurisdictional task force" means a law enforcement task force or other
330 agency comprised of individuals who are employed by or acting under the authority of different
331 governmental entities, including federal, state, county, or municipal governments, or any
332 combination of federal, state, county, or municipal agencies.
333 (17) "Owner" means an individual or entity, other than an interest holder, that
334 possesses a bona fide legal or equitable interest in real or personal property.
335 (18) "Peace officer" means an employee:
336 (a) of an agency;
337 (b) whose duties consist primarily of the prevention and detection of violations of laws
338 of this state or a political subdivision of this state; and
339 (c) who is authorized by the agency to seize property under this title.
340 (19) (a) "Proceeds" means:
341 (i) property of any kind that is obtained directly or indirectly as a result of the
342 commission of an offense; or
343 (ii) any property acquired directly or indirectly from, produced through, realized
344 through, or caused by an act or omission regarding property under Subsection (19)(a)(i).
345 (b) "Proceeds" includes any property of any kind without reduction for expenses
346 incurred in the acquisition, maintenance, or production of that property, or any other purpose
347 regarding property under Subsection (19)(a)(i).
348 (c) "Proceeds" is not limited to the net gain or profit realized from the offense that
349 subjects the property to forfeiture.
350 (20) "Program" means the State Asset Forfeiture Grant Program created in Section
351 24-4-117.
352 (21) (a) "Property" means all property, whether real or personal, tangible or intangible.
353 (b) "Property" does not include contraband.
354 (22) "Prosecuting attorney" means:
355 (a) the attorney general and an assistant attorney general;
356 (b) a district attorney or deputy district attorney;
357 (c) a county attorney or assistant county attorney; and
358 (d) an attorney authorized to commence an action on behalf of the state under this title.
359 (23) "Public interest use" means a:
360 (a) use by a government agency as determined by the legislative body of the agency's
361 jurisdiction; or
362 (b) donation of the property to a nonprofit charity registered with the state.
363 (24) "Real property" means land, including any building, fixture, improvement,
364 appurtenance, structure, or other development that is affixed permanently to land.
365 Section 3. Section 26-7-14 is amended to read:
366 26-7-14. Study on violent incidents and fatalities involving substance abuse --
367 Report.
368 (1) As used in this section:
369 (a) "Drug overdose event" means an acute condition, including a decreased level of
370 consciousness or respiratory depression resulting from the consumption or use of a controlled
371 substance, or another substance with which a controlled substance or alcohol was combined,
372 that results in an individual requiring medical assistance.
373 (b) "Substance abuse" means the misuse or excessive use of alcohol or other drugs or
374 substances.
375 (c) "Violent incident" means:
376 (i) aggravated assault as described in Section 76-5-103;
377 (ii) child abuse as described in Sections 76-5-109, 76-5-109.2, 76-5-109.3, and
378 76-5-114;
379 (iii) an offense described in Title 76, Chapter 5, Part 2, Criminal Homicide;
380 (iv) an offense described in Title 76, Chapter 5, Part 4, Sexual Offenses;
381 (v) a burglary offense described in Sections 76-6-202 [
382 and 76-6-204.5;
383 (vi) an offense described in Title 76, Chapter 6, Part 3, Robbery;
384 (vii) a domestic violence offense, as defined in Section 77-36-1; and
385 (viii) any other violent offense, as determined by the department.
386 (2) In 2021 and continuing every other year, the department shall provide a report
387 before October 1 to the Health and Human Services Interim Committee regarding the number
388 of:
389 (a) violent incidents and fatalities that occurred in the state during the preceding
390 calendar year that, at the time of occurrence, involved substance abuse;
391 (b) drug overdose events in the state during the preceding calendar year; and
392 (c) recommendations for legislation, if any, to prevent the occurrence of the events
393 described in Subsections (2)(a) and (b).
394 (3) Before October 1, 2020, the department shall:
395 (a) determine what information is necessary to complete the report described in
396 Subsection (2) and from which local, state, and federal agencies the information may be
397 obtained;
398 (b) determine the cost of any research or data collection that is necessary to complete
399 the report described in Subsection (2);
400 (c) make recommendations for legislation, if any, that is necessary to facilitate the
401 research or data collection described in Subsection (3)(b), including recommendations for
402 legislation to assist with information sharing between local, state, federal, and private entities
403 and the department; and
404 (d) report the findings described in Subsections (3)(a) through (c) to the Health and
405 Human Services Interim Committee.
406 (4) The department may contract with another state agency, private entity, or research
407 institution to assist the department with the report described in Subsection (2).
408 Section 4. Section 26-20-9 is amended to read:
409 26-20-9. Criminal penalties.
410 (1) (a) Except as provided in Subsection (1)(b) the culpable mental state required for a
411 criminal violation of this chapter is knowingly, intentionally, or recklessly as defined in Section
412 76-2-103.
413 (b) The culpable mental state required for a criminal violation of this chapter for
414 kickbacks and bribes under Section 26-20-4 is knowingly and intentionally as defined in
415 Section 76-2-103.
416 (2) The punishment for a criminal violation of any provision of this chapter, except as
417 provided under Section 26-20-5, is determined by the cumulative value of the funds or other
418 benefits received or claimed in the commission of all violations of a similar nature, and not by
419 each separate violation.
420 (3) Punishment for criminal violation of this chapter, except as provided under Section
421 26-20-5, is [
422
423
424 (a) a second degree felony if the value of the property or service is or exceeds $5,000;
425 (b) a third degree felony if the value of the property or service is or exceeds $1,500 but
426 is less than $5,000;
427 (c) a class A misdemeanor if the value of the property or service is or exceeds $500 but
428 is less than $1,500; or
429 (d) a class B misdemeanor if the value of the property or service is less than $500.
430 Section 5. Section 31A-23a-409 is amended to read:
431 31A-23a-409. Trust obligation for money collected.
432 (1) (a) Subject to Subsection (7), a licensee is a trustee for money that is paid to,
433 received by, or collected by a licensee for forwarding to insurers or to insureds.
434 (b) (i) Except as provided in Subsection (1)(b)(ii), a licensee may not commingle trust
435 funds with:
436 (A) the licensee's own money; or
437 (B) money held in any other capacity.
438 (ii) This Subsection (1)(b) does not apply to:
439 (A) amounts necessary to pay bank charges; and
440 (B) money paid by insureds and belonging in part to the licensee as a fee or
441 commission.
442 (c) Except as provided under Subsection (4), a licensee owes to insureds and insurers
443 the fiduciary duties of a trustee with respect to money to be forwarded to insurers or insureds
444 through the licensee.
445 (d) (i) Unless money is sent to the appropriate payee by the close of the next business
446 day after their receipt, the licensee shall deposit them in an account authorized under
447 Subsection (2).
448 (ii) Money deposited under this Subsection (1)(d) shall remain in an account
449 authorized under Subsection (2) until sent to the appropriate payee.
450 (2) Money required to be deposited under Subsection (1) shall be deposited:
451 (a) [
452 Section 7-1-103, which:
453 (i) has an office in this state, if the licensee depositing the money is a resident licensee;
454 (ii) has federal deposit insurance; and
455 (iii) is authorized by its primary regulator to engage in the trust business, as defined by
456 Section 7-5-1, in this state; or
457 (b) [
458 (i) the commissioner approves by rule or order; and
459 (ii) provides safety comparable to an account described in Subsection (2)(a).
460 (3) It is not a violation of Subsection (2)(a) if the amounts in the accounts exceed the
461 amount of the federal insurance on the accounts.
462 (4) A trust account into which money is deposited may be interest bearing. The
463 interest accrued on the account may be paid to the licensee, so long as the licensee otherwise
464 complies with this section and with the contract with the insurer.
465 (5) A depository institution or other organization holding trust funds under this section
466 may not offset or impound trust account funds against debts and obligations incurred by the
467 licensee.
468 (6) A licensee who, not being lawfully entitled to do so, diverts or appropriates any
469 portion of the money held under Subsection (1) to the licensee's own use, is guilty of theft
470 under Title 76, Chapter 6, Part 4, Theft. [
471
472 (7) A nonresident licensee:
473 (a) shall comply with Subsection (1)(a) by complying with the trust account
474 requirements of the nonresident licensee's home state; and
475 (b) is not required to comply with the other provisions of this section.
476 Section 6. Section 31A-36-118 is amended to read:
477 31A-36-118. Criminal penalties and restitution.
478 (1) A person subject to this chapter is subject to:
479 (a) Section 31A-2-308 for an administrative violation of this title;
480 (b) prosecution under [
481 criminal activity involving a life settlement; or
482 (c) prosecution under Section 31A-31-103 for insurance fraud involving a life
483 settlement.
484 (2) A person found to be in violation of this chapter may:
485 (a) be ordered to pay restitution to persons aggrieved by the violation;
486 (b) be ordered to pay a forfeiture;
487 (c) be imprisoned if found guilty of a criminal law by a court of competent jurisdiction;
488 and
489 (d) be subject to a combination of the penalties described in this Subsection (2).
490 (3) Except for a fraudulent act committed by an owner, this section does not apply to
491 the owner.
492 Section 7. Section 35A-4-312.5 is amended to read:
493 35A-4-312.5. Suspected misuse of personal identifying information.
494 (1) As used in this section:
495 (a) "Child identity protection plan" is a program operated by the attorney general that
496 uses IRIS and allows the attorney general to enter into an agreement with a third party to
497 transmit verified personal information of a person younger than 18 years of age through
498 secured means to enable the protection of the person's Social Security number from misuse.
499 (b) "IRIS" means the Identity Theft Reporting Information System operated by the
500 attorney general.
501 (c) "Personal identifying information" has the same meaning as defined in Section
502 [
503 (d) "Suspected misuse of personal identifying information" includes:
504 (i) a [
505 two or more individuals; or
506 (ii) a [
507 reported wages exceeding $1,000 for a single reporting quarter.
508 (2) Notwithstanding Section 35A-4-312, if the department records disclose a suspected
509 misuse of personal identifying information by an individual other than the purported owner of
510 the information, or if a parent, guardian, or individual under the age of 18 is enrolling or has
511 enrolled in the child identity protection plan, the department may:
512 (a) inform the purported owner of the information or, if the purported owner is a minor,
513 the minor's parent or guardian, of the suspected misuse; and
514 (b) provide information of the suspected misuse to an appropriate law enforcement
515 agency responsible for investigating an identity fraud violation.
516 Section 8. Section 41-1a-1314 is amended to read:
517 41-1a-1314. Unauthorized control for extended time.
518 (1) Except as provided in Subsection (3), it is a class A misdemeanor for a person to
519 exercise unauthorized control over a motor vehicle that is not his own, without the consent of
520 the owner or lawful custodian, and with the intent to temporarily deprive the owner or lawful
521 custodian of possession of the motor vehicle.
522 (2) The consent of the owner or legal custodian of a motor vehicle to its control by the
523 actor is not in any case presumed or implied because of the owner's or legal custodian's consent
524 on a previous occasion to the control of the motor vehicle by the same or a different person.
525 (3) Violation of this section is a third degree felony if:
526 (a) the person does not return the motor vehicle to the owner or lawful custodian within
527 24 hours after the exercise of unlawful control; or
528 (b) regardless of the mental state or conduct of the person committing the offense:
529 (i) the motor vehicle is damaged in an amount of $500 or more;
530 (ii) the motor vehicle is used to commit a felony; or
531 (iii) the motor vehicle is damaged in any amount to facilitate entry into it or its
532 operation.
533 (4) It is not a defense to Subsection (3)(a) that someone other than the person, or an
534 agent of the person, returned the motor vehicle within 24 hours.
535 (5) A violation of this section is a lesser included offense of theft under Section
536 76-6-404, when the theft is of an operable motor vehicle under Subsection [
537 76-6-404(3)(a)(ii).
538 Section 9. Section 58-9-607 is amended to read:
539 58-9-607. Authorization to cremate -- Penalties for removal of items from human
540 remains.
541 (1) Except as otherwise provided in this section and Section 58-9-619, a funeral service
542 establishment may not cremate human remains until it has received:
543 (a) a cremation authorization form signed by an authorizing agent;
544 (b) a completed and executed burial transit permit or similar document, as provided by
545 state law, indicating that human remains are to be cremated; and
546 (c) any other documentation required by the state, county, or municipality.
547 (2) (a) The cremation authorization form shall contain, at a minimum, the following
548 information:
549 (i) the identity of the human remains and the time and date of death, including a signed
550 declaration of visual identification of the deceased or refusal to visually identify the deceased;
551 (ii) the name of the funeral director and funeral service establishment that obtained the
552 cremation authorization;
553 (iii) notification as to whether the death occurred from a disease declared by the
554 department of health to be infectious, contagious, communicable, or dangerous to the public
555 health;
556 (iv) the name of the authorizing agent and the relationship between the authorizing
557 agent and the decedent;
558 (v) a representation that the authorizing agent has the right to authorize the cremation
559 of the decedent and that the authorizing agent is not aware of any living person with a superior
560 or equal priority right to that of the authorizing agent, except that if there is another living
561 person with a superior or equal priority right, the form shall contain a representation that the
562 authorizing agent has:
563 (A) made reasonable efforts to contact that person;
564 (B) been unable to do so; and
565 (C) no reason to believe that the person would object to the cremation of the decedent;
566 (vi) authorization for the funeral service establishment to cremate the human remains;
567 (vii) a representation that the human remains do not contain a pacemaker or other
568 material or implant that may be potentially hazardous or cause damage to the cremation
569 chamber or the person performing the cremation;
570 (viii) the name of the person authorized to receive the cremated remains from the
571 funeral service establishment;
572 (ix) the manner in which the final disposition of the cremated remains is to take place,
573 if known;
574 (x) a listing of each item of value to be delivered to the funeral service establishment
575 along with the human remains, and instructions as to how each item should be handled;
576 (xi) the signature of the authorizing agent, attesting to the accuracy of all
577 representations contained on the authorization form;
578 (xii) if the cremation authorization form is being executed on a preneed basis, the form
579 shall contain the disclosure required for preneed programs under this chapter; and
580 (xiii) except for a preneed cremation authorization, the signature of the funeral director
581 of the funeral service establishment that obtained the cremation authorization.
582 (b) (i) The individual described in Subsection (2)(a)(xiii) shall execute the funeral
583 authorization form as a witness and is not responsible for any of the representations made by
584 the authorizing agent.
585 (ii) The funeral director or the funeral service establishment shall warrant to the
586 crematory that the human remains delivered to the funeral service establishment have been
587 positively identified as the decedent listed on the cremation authorization form by the
588 authorizing agent or a designated representative of the authorizing agent.
589 (iii) The authorizing agent or the agent's designee may make the identification referred
590 to in Subsection (2)(b)(ii) in person or by photograph.
591 (3) (a) Except as provided in Section 58-9-619, a funeral service establishment may not
592 accept unidentified human remains for cremation.
593 (b) If a funeral service establishment takes custody of a cremation container subsequent
594 to the human remains being placed within the container, it can rely on the identification made
595 before the remains were placed in the container.
596 (c) The funeral service establishment shall place appropriate identification on the
597 exterior of the cremation container based on the prior identification.
598 (4) (a) A person who removes or possesses dental gold or silver, jewelry, or mementos
599 from human remains:
600 (i) with purpose to deprive another over control of the property is guilty of an offense
601 and subject to the punishments provided in Section [
602 (ii) with purpose to exercise unauthorized control and with intent to temporarily
603 deprive another of control over the property is guilty of an offense and subject to the
604 punishments provided in Section 76-6-404.5; and
605 (iii) under circumstances not amounting to Subsection (4)(a)(i) or (ii) and without
606 specific written permission of the individual who has the right to control those remains is guilty
607 of a class B misdemeanor.
608 (b) The fact that residue or any unavoidable dental gold or dental silver or other
609 precious metals remain in a cremation chamber or other equipment or a container used in a
610 prior cremation is not a violation of Subsection (4)(a).
611 Section 10. Section 58-9-613 is amended to read:
612 58-9-613. Authorization for alkaline hydrolysis -- Penalties for removal of items
613 from human remains.
614 (1) Except as otherwise provided in this section, a funeral service establishment may
615 not perform alkaline hydrolysis on human remains until the funeral service establishment has
616 received:
617 (a) an alkaline hydrolysis authorization form signed by an authorizing agent;
618 (b) a completed and executed burial transit permit or similar document, as provided by
619 state law, indicating that disposition of the human remains is to be by alkaline hydrolysis; and
620 (c) any other documentation required by the state, county, or municipality.
621 (2) (a) The alkaline hydrolysis authorization form shall contain, at a minimum, the
622 following information:
623 (i) the identity of the human remains and the time and date of death, including a signed
624 declaration of visual identification of the deceased or refusal to visually identify the deceased;
625 (ii) the name of the funeral director and funeral service establishment that obtained the
626 alkaline hydrolysis authorization;
627 (iii) notification as to whether the death occurred from a disease declared by the
628 Department of Health to be infectious, contagious, communicable, or dangerous to the public
629 health;
630 (iv) the name of the authorizing agent and the relationship between the authorizing
631 agent and the decedent;
632 (v) a representation that the authorizing agent has the right to authorize the disposition
633 of the decedent by alkaline hydrolysis and that the authorizing agent is not aware of any living
634 person with a superior or equal priority right to that of the authorizing agent, except that if
635 there is another living person with a superior or equal priority right, the alkaline hydrolysis
636 authorization form shall contain a representation that the authorizing agent has:
637 (A) made reasonable efforts to contact that person;
638 (B) been unable to do so; and
639 (C) no reason to believe that the person would object to the disposition of the decedent
640 by alkaline hydrolysis;
641 (vi) authorization for the funeral service establishment to use alkaline hydrolysis for
642 the disposition of the human remains;
643 (vii) the name of the person authorized to receive the human remains from the funeral
644 service establishment;
645 (viii) the manner in which the final disposition of the human remains is to take place, if
646 known;
647 (ix) a listing of each item of value to be delivered to the funeral service establishment
648 along with the human remains, and instructions as to how each item should be handled;
649 (x) the signature of the authorizing agent, attesting to the accuracy of all
650 representations contained on the alkaline hydrolysis authorization form;
651 (xi) if the alkaline hydrolysis authorization form is being executed on a preneed basis,
652 the disclosure required for preneed programs under this chapter; and
653 (xii) except for a preneed alkaline hydrolysis authorization, the signature of the funeral
654 director of the funeral service establishment that obtained the alkaline hydrolysis authorization.
655 (b) (i) The person referred to in Subsection (2)(a)(xii) shall execute the alkaline
656 hydrolysis authorization form as a witness and is not responsible for any of the representations
657 made by the authorizing agent.
658 (ii) The funeral director or the funeral service establishment shall warrant that the
659 human remains delivered to the funeral service establishment have been positively identified by
660 the authorizing agent or a designated representative of the authorizing agent as the decedent
661 listed on the alkaline hydrolysis authorization form.
662 (iii) The authorizing agent or the agent's designee may make the identification referred
663 to in Subsection (2)(b)(ii) in person or by photograph.
664 (3) (a) A funeral service establishment may not accept unidentified human remains for
665 alkaline hydrolysis.
666 (b) If a funeral service establishment takes custody of an alkaline hydrolysis container
667 subsequent to the human remains being placed within the container, the funeral service
668 establishment can rely on the identification made before the remains were placed in the
669 container.
670 (c) The funeral service establishment shall place appropriate identification on the
671 exterior of the alkaline hydrolysis container based on the prior identification.
672 (4) (a) A person who removes or possesses dental gold or silver, jewelry, or mementos
673 from human remains:
674 (i) with purpose to deprive another over control of the property is guilty of an offense
675 and subject to the punishments provided in Section [
676 (ii) with purpose to exercise unauthorized control and with intent to temporarily
677 deprive another of control over the property is guilty of an offense and subject to the
678 punishments provided in Section 76-6-404.5; and
679 (iii) under circumstances not amounting to Subsection (4)(a)(i) or (ii) and without
680 specific written permission of the individual who has the right to control those remains is guilty
681 of a class B misdemeanor.
682 (b) The fact that residue or any unavoidable dental gold or dental silver or other
683 precious metals remain in alkaline hydrolysis equipment or a container used in a prior alkaline
684 hydrolysis process is not a violation of Subsection (4)(a).
685 Section 11. Section 58-55-503 is amended to read:
686 58-55-503. Penalty for unlawful conduct -- Citations.
687 (1) (a) (i) A person who violates Subsection 58-55-308(2), Subsection 58-55-501(1),
688 (2), (3), (4), (5), (6), (7), (9), (10), (12), (14), (15), (16)(e), (21), (22), (23), (24), (25), (26),
689 (27), or (28), or Subsection 58-55-504(2), or who fails to comply with a citation issued under
690 this section after it is final, is guilty of a class A misdemeanor.
691 (ii) As used in this section in reference to Subsection 58-55-504(2), "person" means an
692 individual and does not include a sole proprietorship, joint venture, corporation, limited
693 liability company, association, or organization of any type.
694 (b) A person who violates the provisions of Subsection 58-55-501(8) may not be
695 awarded and may not accept a contract for the performance of the work.
696 (2) A person who violates the provisions of Subsection 58-55-501(13) is guilty of an
697 infraction unless the violator did so with the intent to deprive the person to whom money is to
698 be paid of the money received, in which case the violator is guilty of theft[
699
700 (3) Grounds for immediate suspension of a licensee's license by the division and the
701 commission include:
702 (a) the issuance of a citation for violation of Subsection 58-55-308(2), Section
703 58-55-501, or Subsection 58-55-504(2); and
704 (b) the failure by a licensee to make application to, report to, or notify the division with
705 respect to any matter for which application, notification, or reporting is required under this
706 chapter or rules adopted under this chapter, including:
707 (i) applying to the division for a new license to engage in a new specialty classification
708 or to do business under a new form of organization or business structure;
709 (ii) filing a current financial statement with the division; and
710 (iii) notifying the division concerning loss of insurance coverage or change in qualifier.
711 (4) (a) (i) If upon inspection or investigation, the division concludes that a person has
712 violated the provisions of Subsection 58-55-308(2), Subsection 58-55-501(1), (2), (3), (9),
713 (10), (12), (14), (16)(e), (18), (20), (21), (22), (23), (24), (25), (26), (27), (28), Subsection
714 58-55-502(4)(a) or (11), Subsection 58-55-504(2), or any rule or order issued with respect to
715 these subsections, and that disciplinary action is appropriate, the director or the director's
716 designee from within the division shall promptly issue a citation to the person according to this
717 chapter and any pertinent rules, attempt to negotiate a stipulated settlement, or notify the person
718 to appear before an adjudicative proceeding conducted under Title 63G, Chapter 4,
719 Administrative Procedures Act.
720 (ii) A person who is in violation of the provisions of Subsection 58-55-308(2),
721 Subsection 58-55-501(1), (2), (3), (9), (10), (12), (14), (16)(e), (18), (20), (21), (22), (23), (24),
722 (25), (26), (27), or (28), or Subsection 58-55-504(2), as evidenced by an uncontested citation, a
723 stipulated settlement, or by a finding of violation in an adjudicative proceeding, may be
724 assessed a fine pursuant to this Subsection (4) and may, in addition to or in lieu of, be ordered
725 to cease and desist from violating Subsection 58-55-308(2), Subsection 58-55-501(1), (2), (3),
726 (9), (10), (12), (16)(e), (18), (20), (21), (24), (25), (26), (27), or (28), or Subsection
727 58-55-504(2).
728 (iii) Except for a cease and desist order, the licensure sanctions cited in Section
729 58-55-401 may not be assessed through a citation.
730 (b) (i) A citation shall be in writing and describe with particularity the nature of the
731 violation, including a reference to the provision of the chapter, rule, or order alleged to have
732 been violated.
733 (ii) A citation shall clearly state that the recipient must notify the division in writing
734 within 20 calendar days of service of the citation if the recipient wishes to contest the citation
735 at a hearing conducted under Title 63G, Chapter 4, Administrative Procedures Act.
736 (iii) A citation shall clearly explain the consequences of failure to timely contest the
737 citation or to make payment of any fines assessed by the citation within the time specified in
738 the citation.
739 (c) A citation issued under this section, or a copy of a citation, may be served upon a
740 person upon whom a summons may be served:
741 (i) in accordance with the Utah Rules of Civil Procedure;
742 (ii) personally or upon the person's agent by a division investigator or by a person
743 specially designated by the director; or
744 (iii) by mail.
745 (d) (i) If within 20 calendar days after the day on which a citation is served, the person
746 to whom the citation was issued fails to request a hearing to contest the citation, the citation
747 becomes the final order of the division and is not subject to further agency review.
748 (ii) The period to contest a citation may be extended by the division for cause.
749 (e) The division may refuse to issue or renew, suspend, revoke, or place on probation
750 the license of a licensee who fails to comply with a citation after the citation becomes final.
751 (f) The failure of an applicant for licensure to comply with a citation after the citation
752 becomes final is a ground for denial of license.
753 (g) A citation may not be issued under this section after the expiration of one year
754 following the date on which the violation that is the subject of the citation is reported to the
755 division.
756 (h) (i) Except as provided in Subsections (4)(h)(ii) and (5), the director or the director's
757 designee shall assess a fine in accordance with the following:
758 (A) for a first offense handled pursuant to Subsection (4)(a), a fine of up to $1,000;
759 (B) for a second offense handled pursuant to Subsection (4)(a), a fine of up to $2,000;
760 and
761 (C) for any subsequent offense handled pursuant to Subsection (4)(a), a fine of up to
762 $2,000 for each day of continued offense.
763 (ii) Except as provided in Subsection (5), if a person violates Subsection
764 58-55-501(16)(e) or (28), the director or the director's designee shall assess a fine in
765 accordance with the following:
766 (A) for a first offense handled pursuant to Subsection (4)(a), a fine of up to $2,000;
767 (B) for a second offense handled pursuant to Subsection (4)(a), a fine of up to $4,000;
768 and
769 (C) for any subsequent offense handled pursuant to Subsection (4)(a), a fine of up to
770 $4,000 for each day of continued offense.
771 (i) (i) For purposes of issuing a final order under this section and assessing a fine under
772 Subsection (4)(h), an offense constitutes a second or subsequent offense if:
773 (A) the division previously issued a final order determining that a person committed a
774 first or second offense in violation of Subsection 58-55-308(2), Subsection 58-55-501(1), (2),
775 (3), (9), (10), (12), (14), (16)(e), (18), (23), (24), (25), (26), (27), or (28), or Subsection
776 58-55-504(2); or
777 (B) (I) the division initiated an action for a first or second offense;
778 (II) a final order has not been issued by the division in the action initiated under
779 Subsection (4)(i)(i)(B)(I);
780 (III) the division determines during an investigation that occurred after the initiation of
781 the action under Subsection (4)(i)(i)(B)(I) that the person committed a second or subsequent
782 violation of the provisions of Subsection 58-55-308(2), Subsection 58-55-501(1), (2), (3), (9),
783 (10), (12), (14), (16)(e), (18), (19), (23), (24), (25), (26), (27), (28), or Subsection
784 58-55-504(2); and
785 (IV) after determining that the person committed a second or subsequent offense under
786 Subsection (4)(i)(i)(B)(III), the division issues a final order on the action initiated under
787 Subsection (4)(i)(i)(B)(I).
788 (ii) In issuing a final order for a second or subsequent offense under Subsection
789 (4)(i)(i), the division shall comply with the requirements of this section.
790 (j) In addition to any other licensure sanction or fine imposed under this section, the
791 division shall revoke the license of a licensee that violates Subsection 58-55-501(23) or (24)
792 two or more times within a 12-month period, unless, with respect to a violation of Subsection
793 58-55-501(23), the licensee can demonstrate that the licensee successfully verified the federal
794 legal working status of the individual who was the subject of the violation using a status
795 verification system, as defined in Section 13-47-102.
796 (k) For purposes of this Subsection (4), a violation of Subsection 58-55-501(23) or (24)
797 for each individual is considered a separate violation.
798 (5) If a person violates Section 58-55-501, the division may not treat the violation as a
799 subsequent violation of a previous violation if the violation occurs five years or more after the
800 day on which the person committed the previous violation.
801 (6) If, after an investigation, the division determines that a person has committed
802 multiple of the same type of violation of Section 58-55-501, the division may treat each
803 violation as a separate violation of Section 58-55-501 and apply a penalty under this section to
804 each violation.
805 (7) (a) A penalty imposed by the director under Subsection (4)(h) shall be deposited
806 into the Commerce Service Account created by Section 13-1-2.
807 (b) A penalty that is not paid may be collected by the director by either referring the
808 matter to a collection agency or bringing an action in the district court of the county in which
809 the person against whom the penalty is imposed resides or in the county where the office of the
810 director is located.
811 (c) A county attorney or the attorney general of the state shall provide legal assistance
812 and advice to the director in an action to collect a penalty.
813 (d) In an action brought to collect a penalty, the court shall award reasonable attorney
814 fees and costs to the prevailing party.
815 Section 12. Section 63M-7-404 is amended to read:
816 63M-7-404. Purpose -- Duties.
817 (1) The purpose of the commission is to develop guidelines and propose
818 recommendations to the Legislature, the governor, and the Judicial Council regarding:
819 (a) the sentencing and release of juvenile and adult offenders in order to:
820 (i) respond to public comment;
821 (ii) relate sentencing practices and correctional resources;
822 (iii) increase equity in criminal sentencing;
823 (iv) better define responsibility in criminal sentencing; and
824 (v) enhance the discretion of sentencing judges while preserving the role of the Board
825 of Pardons and Parole and the Youth Parole Authority;
826 (b) the length of supervision of adult offenders on probation or parole in order to:
827 (i) increase equity in criminal supervision lengths;
828 (ii) respond to public comment;
829 (iii) relate the length of supervision to an offender's progress;
830 (iv) take into account an offender's risk of offending again;
831 (v) relate the length of supervision to the amount of time an offender has remained
832 under supervision in the community; and
833 (vi) enhance the discretion of the sentencing judges while preserving the role of the
834 Board of Pardons and Parole; and
835 (c) appropriate, evidence-based probation and parole supervision policies and services
836 that assist individuals in successfully completing supervision and reduce incarceration rates
837 from community supervision programs while ensuring public safety, including:
838 (i) treatment and intervention completion determinations based on individualized case
839 action plans;
840 (ii) measured and consistent processes for addressing violations of conditions of
841 supervision;
842 (iii) processes that include using positive reinforcement to recognize an individual's
843 progress in supervision;
844 (iv) engaging with social services agencies and other stakeholders who provide
845 services that meet offender needs; and
846 (v) identifying community violations that may not warrant revocation of probation or
847 parole.
848 (2) (a) The commission shall modify the sentencing guidelines and supervision length
849 guidelines for adult offenders to implement the recommendations of the State Commission on
850 Criminal and Juvenile Justice for reducing recidivism.
851 (b) The modifications under Subsection (2)(a) shall be for the purposes of protecting
852 the public and ensuring efficient use of state funds.
853 (3) (a) The commission shall modify the criminal history score in the sentencing
854 guidelines for adult offenders to implement the recommendations of the State Commission on
855 Criminal and Juvenile Justice for reducing recidivism.
856 (b) The modifications to the criminal history score under Subsection (3)(a) shall
857 include factors in an offender's criminal history that are relevant to the accurate determination
858 of an individual's risk of offending again.
859 (4) (a) The commission shall establish sentencing guidelines for periods of
860 incarceration for individuals who are on probation and:
861 (i) who have violated one or more conditions of probation; and
862 (ii) whose probation has been revoked by the court.
863 (b) For a situation described in Subsection (4)(a), the guidelines shall recommend that
864 a court consider:
865 (i) the seriousness of any violation of the condition of probation;
866 (ii) the probationer's conduct while on probation; and
867 (iii) the probationer's criminal history.
868 (5) (a) The commission shall establish sentencing guidelines for periods of
869 incarceration for individuals who are on parole and:
870 (i) who have violated a condition of parole; and
871 (ii) whose parole has been revoked by the Board of Pardons and Parole.
872 (b) For a situation described in Subsection (5)(a), the guidelines shall recommend that
873 the Board of Pardons and Parole consider:
874 (i) the seriousness of any violation of the condition of parole;
875 (ii) the individual's conduct while on parole; and
876 (iii) the individual's criminal history.
877 (6) The commission shall establish graduated and evidence-based processes to
878 facilitate the prompt and effective response to an individual's progress in or violation of the
879 terms of probation or parole by the adult probation and parole section of the Department of
880 Corrections, or other supervision services provider, to implement the recommendations of the
881 State Commission on Criminal and Juvenile Justice for reducing recidivism and incarceration,
882 including:
883 (a) responses to be used when an individual violates a condition of probation or parole;
884 (b) responses to recognize positive behavior and progress related to an individual's case
885 action plan;
886 (c) when a violation of a condition of probation or parole should be reported to the
887 court or the Board of Pardons and Parole; and
888 (d) a range of sanctions that may not exceed a period of incarceration of more than:
889 (i) three consecutive days; and
890 (ii) a total of five days in a period of 30 days.
891 (7) The commission shall establish graduated incentives to facilitate a prompt and
892 effective response by the adult probation and parole section of the Department of Corrections
893 to an offender's:
894 (a) compliance with the terms of probation or parole; and
895 (b) positive conduct that exceeds those terms.
896 (8) (a) The commission shall establish guidelines, including sanctions and incentives,
897 to appropriately respond to negative and positive behavior of juveniles who are:
898 (i) nonjudicially adjusted;
899 (ii) placed on diversion;
900 (iii) placed on probation;
901 (iv) placed on community supervision;
902 (v) placed in an out-of-home placement; or
903 (vi) placed in a secure care facility.
904 (b) In establishing guidelines under this Subsection (8), the commission shall consider:
905 (i) the seriousness of the negative and positive behavior;
906 (ii) the juvenile's conduct post-adjudication; and
907 (iii) the delinquency history of the juvenile.
908 (c) The guidelines shall include:
909 (i) responses that are swift and certain;
910 (ii) a continuum of community-based options for juveniles living at home;
911 (iii) responses that target the individual's criminogenic risk and needs; and
912 (iv) incentives for compliance, including earned discharge credits.
913 (9) The commission shall establish and maintain supervision length guidelines in
914 accordance with this section.
915 (10) (a) The commission shall create sentencing guidelines and supervision length
916 guidelines for the following financial and property offenses for which a pecuniary loss to a
917 victim may exceed $50,000:
918 (i) securities fraud, Sections 61-1-1 and 61-1-21;
919 (ii) sale by an unlicensed broker-dealer, agent, investment adviser, or investment
920 adviser representative, Sections 61-1-3 and 61-1-21;
921 (iii) offer or sale of unregistered security, Sections 61-1-7 and 61-1-21;
922 (iv) abuse or exploitation of a vulnerable adult under Title 76, Chapter 5, Part 1,
923 Assault and Related Offenses;
924 (v) arson, Section 76-6-102;
925 (vi) burglary, Section 76-6-202;
926 (vii) theft[
927 (viii) forgery, Section 76-6-501;
928 (ix) unlawful dealing of property by a fiduciary, Section 76-6-513;
929 (x) [
930 (xi) computer crimes, Section 76-6-703;
931 (xii) mortgage fraud, Sections 76-6-1203 and 76-6-1204;
932 (xiii) pattern of unlawful activity, Sections 76-10-1603 and 76-10-1603.5;
933 (xiv) communications fraud, Section 76-10-1801;
934 (xv) money laundering, Section 76-10-1904; and
935 (xvi) other offenses in the discretion of the commission.
936 (b) The guidelines described in Subsection (10)(a) shall include a sentencing matrix
937 with proportionate escalating sanctions based on the amount of a victim's loss.
938 (c) On or before August 1, 2022, the commission shall publish for public comment the
939 guidelines described in Subsection (10)(a).
940 (11) (a) Before January 1, 2023, the commission shall study the offenses of sexual
941 exploitation of a minor and aggravated sexual exploitation of a minor under Sections
942 76-5b-201 and 76-5b-201.1.
943 (b) The commission shall update sentencing and release guidelines and juvenile
944 disposition guidelines to reflect appropriate sanctions for an offense listed in Subsection
945 (11)(a), including the application of aggravating and mitigating factors specific to the offense.
946 Section 13. Section 73-2-27 is amended to read:
947 73-2-27. Criminal penalties.
948 (1) This section applies to offenses committed under:
949 (a) Section 73-1-14;
950 (b) Section 73-1-15;
951 (c) Section 73-2-20;
952 (d) Section 73-3-3;
953 (e) Section 73-3-26;
954 (f) Section 73-3-29;
955 (g) Section 73-5-9;
956 (h) Section 76-10-201;
957 (i) Section 76-10-202; and
958 (j) Section 76-10-203.
959 (2) Under circumstances not amounting to an offense with a greater penalty under
960 Subsection [
961 listed in Subsection (1) is punishable:
962 (a) as a felony of the third degree if:
963 (i) the value of the water diverted or property damaged or taken is $2,500 or greater;
964 and
965 (ii) the person violating the provision has previously been convicted of violating the
966 same provision;
967 (b) as a class A misdemeanor if:
968 (i) the value of the water diverted or property damaged or taken is $2,500 or greater; or
969 (ii) the person violating the provision has previously been convicted of violating the
970 same provision; or
971 (c) as a class B misdemeanor if Subsection (2)(a) or (b) does not apply.
972 Section 14. Section 76-3-203.1 is amended to read:
973 76-3-203.1. Offenses committed in concert with three or more persons or in
974 relation to a criminal street gang -- Notice -- Enhanced penalties.
975 (1) As used in this section:
976 (a) "Criminal street gang" means the same as that term is defined in Section 76-9-802.
977 (b) "In concert with three or more persons" means:
978 (i) the defendant was aided or encouraged by at least three other persons in committing
979 the offense and was aware of this aid or encouragement; and
980 (ii) each of the other persons:
981 (A) was physically present; and
982 (B) participated as a party to any offense listed in Subsection (4), (5), or (6).
983 (c) "In concert with three or more persons" means, regarding intent:
984 (i) other persons participating as parties need not have the intent to engage in the same
985 offense or degree of offense as the defendant; and
986 (ii) a minor is a party if the minor's actions would cause the minor to be a party if the
987 minor were an adult.
988 (2) A person who commits any offense in accordance with this section is subject to an
989 enhanced penalty as provided in Subsection (4), (5), or (6) if the trier of fact finds beyond a
990 reasonable doubt that the person acted:
991 (a) in concert with three or more persons;
992 (b) for the benefit of, at the direction of, or in association with any criminal street gang
993 as defined in Section 76-9-802; or
994 (c) to gain recognition, acceptance, membership, or increased status with a criminal
995 street gang as defined in Section 76-9-802.
996 (3) The prosecuting attorney, or grand jury if an indictment is returned, shall cause to
997 be subscribed upon the information or indictment notice that the defendant is subject to the
998 enhanced penalties provided under this section.
999 (4) (a) For an offense listed in Subsection (4)(b), a person may be charged as follows:
1000 (i) for a class B misdemeanor, as a class A misdemeanor; and
1001 (ii) for a class A misdemeanor, as a third degree felony.
1002 (b) The following offenses are subject to Subsection (4)(a):
1003 (i) criminal mischief as [
1004 (ii) property damage or destruction as described in Section 76-6-106.1; and
1005 [
1006 (5) (a) For an offense listed in Subsection (5)(b), a person may be charged as follows:
1007 (i) for a class B misdemeanor, as a class A misdemeanor;
1008 (ii) for a class A misdemeanor, as a third degree felony; and
1009 (iii) for a third degree felony, as a second degree felony.
1010 (b) The following offenses are subject to Subsection (5)(a):
1011 (i) burglary, if committed in a dwelling as defined in Subsection [
1012 76-6-202(3)(b);
1013 (ii) any offense of obstructing government operations under Chapter 8, Part 3,
1014 Obstructing Governmental Operations, except Sections 76-8-302, 76-8-303, 76-8-307,
1015 76-8-308, and 76-8-312;
1016 (iii) tampering with a witness or other violation of Section 76-8-508;
1017 (iv) retaliation against a witness, victim, informant, or other violation of Section
1018 76-8-508.3;
1019 (v) extortion or bribery to dismiss a criminal proceeding as defined in Section
1020 76-8-509;
1021 (vi) any weapons offense under Chapter 10, Part 5, Weapons; and
1022 (vii) any violation of Chapter 10, Part 16, Pattern of Unlawful Activity Act.
1023 (6) (a) For an offense listed in Subsection (6)(b), a person may be charged as follows:
1024 (i) for a class B misdemeanor, as a class A misdemeanor;
1025 (ii) for a class A misdemeanor, as a third degree felony;
1026 (iii) for a third degree felony, as a second degree felony; and
1027 (iv) for a second degree felony, as a first degree felony.
1028 (b) The following offenses are subject to Subsection (6)(a):
1029 (i) assault and related offenses under Chapter 5, Part 1, Assault and Related Offenses;
1030 (ii) any criminal homicide offense under Chapter 5, Part 2, Criminal Homicide;
1031 (iii) kidnapping and related offenses under Chapter 5, Part 3, Kidnapping, Trafficking,
1032 and Smuggling;
1033 (iv) any felony sexual offense under Chapter 5, Part 4, Sexual Offenses;
1034 (v) sexual exploitation of a minor as defined in Section 76-5b-201;
1035 (vi) aggravated sexual exploitation of a minor as defined in Section 76-5b-201.1;
1036 (vii) robbery and aggravated robbery under Chapter 6, Part 3, Robbery; and
1037 (viii) aggravated exploitation of prostitution under Section 76-10-1306.
1038 (7) The sentence imposed under Subsection (4), (5), or (6) may be suspended and the
1039 individual placed on probation for the higher level of offense.
1040 (8) It is not a bar to imposing the enhanced penalties under this section that the persons
1041 with whom the actor is alleged to have acted in concert are not identified, apprehended,
1042 charged, or convicted, or that any of those persons are charged with or convicted of a different
1043 or lesser offense.
1044 Section 15. Section 76-3-203.3 is amended to read:
1045 76-3-203.3. Penalty for hate crimes -- Civil rights violation.
1046 As used in this section:
1047 (1) "Primary offense" means those offenses provided in Subsection (4).
1048 (2) (a) A person who commits any primary offense with the intent to intimidate or
1049 terrorize another person or with reason to believe that his action would intimidate or terrorize
1050 that person is subject to Subsection (2)(b).
1051 (b) (i) A class C misdemeanor primary offense is a class B misdemeanor; and
1052 (ii) a class B misdemeanor primary offense is a class A misdemeanor.
1053 (3) "Intimidate or terrorize" means an act which causes the person to fear for his
1054 physical safety or damages the property of that person or another. The act must be
1055 accompanied with the intent to cause or has the effect of causing a person to reasonably fear to
1056 freely exercise or enjoy any right secured by the Constitution or laws of the state or by the
1057 Constitution or laws of the United States.
1058 (4) Primary offenses referred to in Subsection (1) are the misdemeanor offenses for:
1059 (a) assault and related offenses under Sections 76-5-102, 76-5-102.4, 76-5-106,
1060 76-5-107, and 76-5-108;
1061 (b) any misdemeanor property destruction offense under Sections 76-6-102 and
1062 76-6-104, and Subsection [
1063 (c) any criminal trespass offense under Sections 76-6-204 and 76-6-206;
1064 (d) any misdemeanor theft offense under Section 76-6-412;
1065 (e) any offense of obstructing government operations under Sections 76-8-301,
1066 76-8-302, 76-8-305, 76-8-306, 76-8-307, 76-8-308, and 76-8-313;
1067 (f) any offense of interfering or intending to interfere with activities of colleges and
1068 universities under Title 76, Chapter 8, Part 7, Colleges and Universities;
1069 (g) any misdemeanor offense against public order and decency as defined in Title 76,
1070 Chapter 9, Part 1, Breaches of the Peace and Related Offenses;
1071 (h) any telephone abuse offense under Title 76, Chapter 9, Part 2, Electronic
1072 Communication and Telephone Abuse;
1073 (i) any cruelty to animals offense under Section 76-9-301;
1074 (j) any weapons offense under Section 76-10-506; or
1075 (k) a violation of Section 76-9-102, if the violation occurs at an official meeting.
1076 (5) This section does not affect or limit any individual's constitutional right to the
1077 lawful expression of free speech or other recognized rights secured by the Constitution or laws
1078 of the state or by the Constitution or laws of the United States.
1079 Section 16. Section 76-3-203.5 is amended to read:
1080 76-3-203.5. Habitual violent offender -- Definition -- Procedure -- Penalty.
1081 (1) As used in this section:
1082 (a) "Felony" means any violation of a criminal statute of the state, any other state, the
1083 United States, or any district, possession, or territory of the United States for which the
1084 maximum punishment the offender may be subjected to exceeds one year in prison.
1085 (b) "Habitual violent offender" means a person convicted within the state of any violent
1086 felony and who on at least two previous occasions has been convicted of a violent felony and
1087 committed to either prison in Utah or an equivalent correctional institution of another state or
1088 of the United States either at initial sentencing or after revocation of probation.
1089 (c) "Violent felony" means:
1090 (i) any of the following offenses, or any attempt, solicitation, or conspiracy to commit
1091 any of the following offenses punishable as a felony:
1092 (A) aggravated arson, arson, knowingly causing a catastrophe, and criminal mischief,
1093 Chapter 6, Part 1, Property Destruction;
1094 (B) assault by prisoner, Section 76-5-102.5;
1095 (C) disarming a police officer, Section 76-5-102.8;
1096 (D) aggravated assault, Section 76-5-103;
1097 (E) aggravated assault by prisoner, Section 76-5-103.5;
1098 (F) mayhem, Section 76-5-105;
1099 (G) stalking, Subsection 76-5-106.5(2);
1100 (H) threat of terrorism, Section 76-5-107.3;
1101 (I) aggravated child abuse, Subsection 76-5-109.2(3)(a) or (b);
1102 (J) commission of domestic violence in the presence of a child, Section 76-5-114;
1103 (K) abuse or neglect of a child with a disability, Section 76-5-110;
1104 (L) abuse or exploitation of a vulnerable adult, Section 76-5-111, 76-5-111.2,
1105 76-5-111.3, or 76-5-111.4;
1106 (M) endangerment of a child or vulnerable adult, Section 76-5-112.5;
1107 (N) criminal homicide offenses under Chapter 5, Part 2, Criminal Homicide;
1108 (O) kidnapping, child kidnapping, and aggravated kidnapping under Chapter 5, Part 3,
1109 Kidnapping, Trafficking, and Smuggling;
1110 (P) rape, Section 76-5-402;
1111 (Q) rape of a child, Section 76-5-402.1;
1112 (R) object rape, Section 76-5-402.2;
1113 (S) object rape of a child, Section 76-5-402.3;
1114 (T) forcible sodomy, Section 76-5-403;
1115 (U) sodomy on a child, Section 76-5-403.1;
1116 (V) forcible sexual abuse, Section 76-5-404;
1117 (W) sexual abuse of a child, Section 76-5-404.1, or aggravated sexual abuse of a child,
1118 Section 76-5-404.3;
1119 (X) aggravated sexual assault, Section 76-5-405;
1120 (Y) sexual exploitation of a minor, Section 76-5b-201;
1121 (Z) aggravated sexual exploitation of a minor, Section 76-5b-201.1;
1122 (AA) sexual exploitation of a vulnerable adult, Section 76-5b-202;
1123 (BB) aggravated burglary and burglary of a dwelling under Chapter 6, Part 2, Burglary
1124 and Criminal Trespass;
1125 (CC) aggravated robbery and robbery under Chapter 6, Part 3, Robbery;
1126 (DD) theft by extortion under [
1127 under the circumstances described in Subsection 76-6-406(1)(a)(i) or (ii);
1128 (EE) tampering with a witness under Subsection 76-8-508(1);
1129 (FF) retaliation against a witness, victim, or informant under Section 76-8-508.3;
1130 (GG) tampering with a juror under Subsection 76-8-508.5(2)(c);
1131 (HH) extortion to dismiss a criminal proceeding under Section 76-8-509 if by any
1132 threat or by use of force theft by extortion has been committed [
1133
1134 Subsection 76-6-406(1)(a)(i), (ii), or (ix);
1135 (II) possession, use, or removal of explosive, chemical, or incendiary devices under
1136 Subsections 76-10-306(3) through (6);
1137 (JJ) unlawful delivery of explosive, chemical, or incendiary devices under Section
1138 76-10-307;
1139 (KK) purchase or possession of a dangerous weapon or handgun by a restricted person
1140 under Section 76-10-503;
1141 (LL) unlawful discharge of a firearm under Section 76-10-508;
1142 (MM) aggravated exploitation of prostitution under Subsection 76-10-1306(1)(a);
1143 (NN) bus hijacking under Section 76-10-1504; and
1144 (OO) discharging firearms and hurling missiles under Section 76-10-1505; or
1145 (ii) any felony violation of a criminal statute of any other state, the United States, or
1146 any district, possession, or territory of the United States which would constitute a violent
1147 felony as defined in this Subsection (1) if committed in this state.
1148 (2) If a person is convicted in this state of a violent felony by plea or by verdict and the
1149 trier of fact determines beyond a reasonable doubt that the person is a habitual violent offender
1150 under this section, the penalty for a:
1151 (a) third degree felony is as if the conviction were for a first degree felony;
1152 (b) second degree felony is as if the conviction were for a first degree felony; or
1153 (c) first degree felony remains the penalty for a first degree penalty except:
1154 (i) the convicted person is not eligible for probation; and
1155 (ii) the Board of Pardons and Parole shall consider that the convicted person is a
1156 habitual violent offender as an aggravating factor in determining the length of incarceration.
1157 (3) (a) The prosecuting attorney, or grand jury if an indictment is returned, shall
1158 provide notice in the information or indictment that the defendant is subject to punishment as a
1159 habitual violent offender under this section. Notice shall include the case number, court, and
1160 date of conviction or commitment of any case relied upon by the prosecution.
1161 (b) (i) The defendant shall serve notice in writing upon the prosecutor if the defendant
1162 intends to deny that:
1163 (A) the defendant is the person who was convicted or committed;
1164 (B) the defendant was represented by counsel or had waived counsel; or
1165 (C) the defendant's plea was understandingly or voluntarily entered.
1166 (ii) The notice of denial shall be served not later than five days prior to trial and shall
1167 state in detail the defendant's contention regarding the previous conviction and commitment.
1168 (4) (a) If the defendant enters a denial under Subsection (3)(b) and if the case is tried to
1169 a jury, the jury may not be told, until after it returns its verdict on the underlying felony charge,
1170 of the:
1171 (i) defendant's previous convictions for violent felonies, except as otherwise provided
1172 in the Utah Rules of Evidence; or
1173 (ii) allegation against the defendant of being a habitual violent offender.
1174 (b) If the jury's verdict is guilty, the defendant shall be tried regarding the allegation of
1175 being an habitual violent offender by the same jury, if practicable, unless the defendant waives
1176 the jury, in which case the allegation shall be tried immediately to the court.
1177 (c) (i) Before or at the time of sentencing the trier of fact shall determine if this section
1178 applies.
1179 (ii) The trier of fact shall consider any evidence presented at trial and the prosecution
1180 and the defendant shall be afforded an opportunity to present any necessary additional
1181 evidence.
1182 (iii) Before sentencing under this section, the trier of fact shall determine whether this
1183 section is applicable beyond a reasonable doubt.
1184 (d) If any previous conviction and commitment is based upon a plea of guilty or no
1185 contest, there is a rebuttable presumption that the conviction and commitment were regular and
1186 lawful in all respects if the conviction and commitment occurred after January 1, 1970. If the
1187 conviction and commitment occurred prior to January 1, 1970, the burden is on the prosecution
1188 to establish by a preponderance of the evidence that the defendant was then represented by
1189 counsel or had lawfully waived the right to have counsel present, and that the defendant's plea
1190 was understandingly and voluntarily entered.
1191 (e) If the trier of fact finds this section applicable, the court shall enter that specific
1192 finding on the record and shall indicate in the order of judgment and commitment that the
1193 defendant has been found by the trier of fact to be a habitual violent offender and is sentenced
1194 under this section.
1195 (5) (a) The sentencing enhancement provisions of Section 76-3-407 supersede the
1196 provisions of this section.
1197 (b) Notwithstanding Subsection (5)(a), the "violent felony" offense defined in
1198 Subsection (1)(c) shall include any felony sexual offense violation of Chapter 5, Part 4, Sexual
1199 Offenses, to determine if the convicted person is a habitual violent offender.
1200 (6) The sentencing enhancement described in this section does not apply if:
1201 (a) the offense for which the person is being sentenced is:
1202 (i) a grievous sexual offense;
1203 (ii) child kidnapping, Section 76-5-301.1;
1204 (iii) aggravated kidnapping, Section 76-5-302; or
1205 (iv) forcible sexual abuse, Section 76-5-404; and
1206 (b) applying the sentencing enhancement provided for in this section would result in a
1207 lower maximum penalty than the penalty provided for under the section that describes the
1208 offense for which the person is being sentenced.
1209 Section 17. Section 76-3-203.15, which is renumbered from Section 76-6-109 is
1210 renumbered and amended to read:
1211 [
1212 agricultural industries -- Enhanced penalties.
1213 (1) [
1214 impede, obstruct, or interfere with the lawful management, cultivation, or harvesting of trees or
1215 timber, or the management or operations of agricultural or mining industries is subject to an
1216 enhanced penalty for the offense as provided below. [
1217
1218
1219 (2) The prosecuting attorney, or grand jury if an indictment is returned, shall cause to
1220 be subscribed upon the complaint in misdemeanor cases or the information or indictment in
1221 felony cases notice that the defendant is subject to the enhanced penalties provided under this
1222 section.
1223 (3) If the trier of fact finds beyond a reasonable doubt that the defendant committed
1224 any criminal offense with the intent to halt, impede, obstruct, or interfere with the lawful
1225 management, cultivation, or harvesting of trees or timber, or the management or operations of
1226 agricultural or mining industries, the penalties are enhanced as provided in this Subsection (3):
1227 (a) a class C misdemeanor is a class B misdemeanor, with a mandatory fine of not less
1228 than $1,000, which is in addition to any term of imprisonment the court may impose;
1229 (b) a class B misdemeanor is a Class A misdemeanor, with a fine of not less than
1230 $2,500, which is in addition to any term of imprisonment the court may impose;
1231 (c) a class A misdemeanor is a third degree felony, with a fine of not less than $5,000,
1232 which is in addition to any term of imprisonment the court may impose;
1233 (d) a third degree felony is a second degree felony, with a fine of not less than $7,500,
1234 which is in addition to any term of imprisonment the court may impose; and
1235 (e) a second degree felony is subject to a fine of not less than $10,000, which is in
1236 addition to any term of imprisonment the court may impose.
1237 (4) This section does not apply to action protected by the National Labor Relations Act,
1238 29 U.S.C. Sec. 151 et seq., or the Federal Railway Labor Act, 45 U.S.C. Sec. 151 et seq.
1239 Section 18. Section 76-3-203.16, which is renumbered from Section 76-6-110 is
1240 renumbered and amended to read:
1241 [
1242 Definitions -- Enhanced penalties.
1243 (1) As used in this section:
1244 (a) "Animal enterprise" means a commercial or academic enterprise that:
1245 (i) uses animals for food or fiber production;
1246 (ii) is an agricultural operation, including a facility for the production of crops or
1247 livestock, or livestock products;
1248 (iii) operates a zoo, aquarium, circus, rodeo, or lawful competitive animal event; or
1249 (iv) any fair or similar event intended to advance agricultural arts and sciences.
1250 (b) "Livestock" means cattle, sheep, goats, swine, horses, mules, poultry, domesticated
1251 elk as defined in Section 4-39-102, or any other domestic animal or domestic furbearer raised
1252 or kept for profit.
1253 (c) "Property" includes any buildings, vehicles, animals, data, records, stables,
1254 livestock handling facilities, livestock watering troughs or other watering facilities, and fencing
1255 or other forms of enclosure.
1256 (2) [
1257 obstruct, or interfere with the lawful operation of an animal enterprise or to damage, take, or
1258 cause the loss of any property owned by, used by, or in the possession of a lawful animal
1259 enterprise, is subject to an enhanced penalty under Subsection [
1260 [
1261
1262
1263 [
1264 to be subscribed upon the information or indictment notice that the defendant is subject to the
1265 enhanced penalties provided under this section.
1266 [
1267 committed any criminal offense with the intent to halt, impede, obstruct, or interfere with the
1268 lawful operation of an animal enterprise or to damage, take, or cause the loss of any property
1269 owned by, used by, or in the possession of a lawful animal enterprise, the penalties are
1270 enhanced as provided in this Subsection [
1271 (a) a class C misdemeanor is a class B misdemeanor, with a mandatory fine of not less
1272 than $1,000, which is in addition to any term of imprisonment the court may impose;
1273 (b) a class B misdemeanor is a class A misdemeanor, with a fine of not less than
1274 $2,500, which is in addition to any term of imprisonment the court may impose;
1275 (c) a class A misdemeanor is a third degree felony, with a fine of not less than $5,000,
1276 which is in addition to any term of imprisonment the court may impose;
1277 (d) a third degree felony is a second degree felony, with a fine of not less than $7,500,
1278 which is in addition to any term of imprisonment the court may impose; and
1279 (e) a second degree felony is subject to a fine of not less than $10,000, which is in
1280 addition to any term of imprisonment the court may impose.
1281 (5) This section does not apply to action protected by the National Labor Relations Act,
1282 29 U.S.C. Sec. 151 et seq., or the Federal Railway Labor Act, 45 U.S.C. Sec. 151 et seq.
1283 Section 19. Section 76-3-410, which is renumbered from Section 76-6-107.1 is
1284 renumbered and amended to read:
1285 [
1286 (1) If an [
1287 76-6-106.1, 76-6-107, or 76-6-206 for the use of graffiti, the court may, as a condition of
1288 probation under Subsection 77-18-105(6), order the [
1289 [
1290 (a) For a first conviction or adjudication, the court may require the [
1291 clean up graffiti for not less than eight hours.
1292 (b) For a second conviction or adjudication, the court may require the [
1293 to clean up graffiti for not less than 16 hours.
1294 (c) For a third conviction or adjudication, the court may require the [
1295 clean up graffiti for not less than 24 hours.
1296 (2) The [
1297 76-6-107 shall be responsible for removal costs as determined under Section 76-6-107, unless
1298 waived by the court for good cause.
1299 (3) The court may also require the [
1300 of restitution or repair to the damaged property in accordance with Subsection 77-18-105(6).
1301 Section 20. Section 76-5-102.1 is amended to read:
1302 76-5-102.1. Negligently operating a vehicle resulting in injury.
1303 (1) (a) As used in this section:
1304 [
1305 58-37-2.
1306 [
1307 [
1308 76-5-207.
1309 [
1310 (b) Terms defined in Section 76-1-101.5 apply to this section.
1311 (2) An actor commits negligently operating a vehicle resulting in injury if the actor:
1312 (a) (i) operates a vehicle in a negligent manner causing bodily injury to another; and
1313 (ii) (A) has sufficient alcohol in the actor's body such that a subsequent chemical test
1314 shows that the actor has a blood or breath alcohol concentration of .05 grams or greater at the
1315 time of the test;
1316 (B) is under the influence of alcohol, a drug, or the combined influence of alcohol and
1317 a drug to a degree that renders the actor incapable of safely operating a vehicle; or
1318 (C) has a blood or breath alcohol concentration of .05 grams or greater at the time of
1319 operation; or
1320 (b) (i) operates a vehicle in a criminally negligent manner causing bodily injury to
1321 another; and
1322 (ii) has in the actor's body any measurable amount of a controlled substance.
1323 (3) Except as provided in Subsection (4), a violation of Subsection (2) is:
1324 (a) (i) a class A misdemeanor; or
1325 (ii) a third degree felony if the bodily injury is serious bodily injury; and
1326 (b) a separate offense for each victim suffering bodily injury as a result of the actor's
1327 violation of this section, regardless of whether the injuries arise from the same episode of
1328 driving.
1329 (4) An actor is not guilty of negligently operating a vehicle resulting in injury under
1330 Subsection (2)(b) if:
1331 (a) the controlled substance was obtained under a valid prescription or order, directly
1332 from a practitioner while acting in the course of the practitioner's professional practice, or as
1333 otherwise authorized by Title 58, Occupations and Professions;
1334 (b) the controlled substance is 11-nor-9-carboxy-tetrahydrocannabinol; or
1335 (c) the actor possessed, in the actor's body, a controlled substance listed in Section
1336 58-37-4.2 if:
1337 (i) the actor is the subject of medical research conducted by a holder of a valid license
1338 to possess controlled substances under Section 58-37-6; and
1339 (ii) the substance was administered to the actor by the medical researcher.
1340 (5) (a) A judge imposing a sentence under this section may consider:
1341 (i) the sentencing guidelines developed in accordance with Section 63M-7-404;
1342 (ii) the defendant's history;
1343 (iii) the facts of the case;
1344 (iv) aggravating and mitigating factors; or
1345 (v) any other relevant fact.
1346 (b) The judge may not impose a lesser sentence than would be required for a conviction
1347 based on the defendant's history under Section 41-6a-505.
1348 (c) The standards for chemical breath analysis under Section 41-6a-515 and the
1349 provisions for the admissibility of chemical test results under Section 41-6a-516 apply to
1350 determination and proof of blood alcohol content under this section.
1351 (d) A calculation of blood or breath alcohol concentration under this section shall be
1352 made in accordance with Subsection 41-6a-502(2).
1353 (e) Except as provided in Subsection (4), the fact that an actor charged with violating
1354 this section is or has been legally entitled to use alcohol or a drug is not a defense.
1355 (f) Evidence of a defendant's blood or breath alcohol content or drug content is
1356 admissible except if prohibited by the Utah Rules of Evidence, the United States Constitution,
1357 or the Utah Constitution.
1358 (g) In accordance with Subsection 77-2a-3(8), a guilty or no contest plea to an offense
1359 described in this section may not be held in abeyance.
1360 Section 21. Section 76-5-207.5 is amended to read:
1361 76-5-207.5. Automobile homicide involving a handheld wireless communication
1362 device while driving.
1363 (1) (a) As used in this section:
1364 (i) "Criminally negligent" means the same as that term is described in Subsection
1365 76-2-103(4).
1366 (ii) "Motor vehicle" means any self-propelled vehicle, including an automobile, truck,
1367 van, motorcycle, train, engine, watercraft, or aircraft.
1368 (iii) "Negligent" means the failure to exercise the degree of care that a reasonable and
1369 prudent person exercises under similar circumstances.
1370 (iv) "Wireless communication device" means the same as that term is defined in
1371 Section 41-6a-1716.
1372 (b) Terms defined in Section 76-1-101.5 apply to this section.
1373 (2) An actor commits automobile homicide if the actor:
1374 (a) operates a moving motor vehicle[
1375 [
1376 [
1377 [
1378 41-6a-1716; and
1379 [
1380 (3) (a) [
1381 [
1382 (b) A violation of Subsection [
1383 operated the moving motor vehicle in a criminally negligent manner.
1384 Section 22. Section 76-5-208 is amended to read:
1385 76-5-208. Child abuse homicide -- Penalties.
1386 (1) (a) As used in this section, "child abuse" means an offense described in Sections
1387 76-5-109, 76-5-109.2, 76-5-109.3, and 76-5-114.
1388 (b) Terms defined in Section 76-1-101.5 apply to this section.
1389 (2) Unless a violation amounts to aggravated murder as described in Section 76-5-202,
1390 an actor commits child abuse homicide if:
1391 (a) (i) the actor causes the death of another individual who is younger than 18 years
1392 old; and
1393 (ii) the individual's death results from child abuse; and
1394 (b) (i) the child abuse is done recklessly under Subsection 76-5-109.2(3)(b);
1395 (ii) the child abuse is done with criminal negligence under Subsection
1396 76-5-109.2(3)(c); or
1397 (iii) under circumstances not amounting to the type of child abuse homicide described
1398 in Subsection (2)(b)(i), the child abuse is done intentionally, knowingly, recklessly, or with
1399 criminal negligence, under Subsection 76-5-109(3)(a), (b), or (c).
1400 (3) (a) A violation of Subsection (2) under the circumstances described in Subsection
1401 (2)(b)(i) is a first degree felony.
1402 (b) A violation of Subsection (2) under the circumstances described in Subsection
1403 (2)(b)(ii) or (iii) is a second degree felony.
1404 Section 23. Section 76-6-101 is amended to read:
1405 76-6-101. Definitions.
1406 (1) [
1407 (a) "Etching" means defacing, damaging, or destroying hard surfaces by means of an
1408 abrasive object, a knife, or an engraving device, or a chemical action which uses any caustic
1409 cream, gel, liquid, or solution.
1410 (b) "Fire" means a flame, heat source capable of combustion, or material capable of
1411 combustion that is caused, set, or maintained by a person for any purpose.
1412 (c) "Graffiti" means any form of unauthorized printing, writing, spraying, scratching,
1413 painting, affixing, etching, or inscribing on the property of another regardless of the content or
1414 the nature of the material used in the commission of the act.
1415 [
1416 or watercraft used for lodging or assembling persons or conducting business whether a person
1417 is actually present or not.
1418 [
1419 (i) any form of real property or tangible personal property which is capable of being
1420 damaged or destroyed and includes a habitable structure; and
1421 (ii) the property of another, if anyone other than the actor has a possessory or
1422 proprietary interest in any portion of the property.
1423 [
1424 (i) the market value of the property, if totally destroyed, at the time and place of the
1425 offense, or where cost of replacement exceeds the market value; or
1426 (ii) where the market value cannot be ascertained, the cost of repairing or replacing the
1427 property within a reasonable time following the offense.
1428 (2) Terms defined in Section 76-1-101.5 apply to this part.
1429 [
1430 set forth in Subsection [
1431 $500.
1432 Section 24. Section 76-6-102 is amended to read:
1433 76-6-102. Arson.
1434 (1) [
1435 this section.
1436 (2) An actor commits arson if, under circumstances not amounting to aggravated arson,
1437 the person by means of fire or explosives unlawfully and intentionally damages:
1438 (a) any property with intention of defrauding an insurer; or
1439 (b) the property of another.
1440 [
1441 [
1442 [
1443 [
1444 the offense suffers serious bodily injury as defined in Section 76-1-101.5;
1445 [
1446 value; and
1447 [
1448 violation of this section or Section 76-6-103 regarding aggravated arson within 10 years prior
1449 to the commission of the violation of Subsection [
1450 [
1451 [
1452 [
1453 the offense suffers substantial bodily injury as defined in Section 76-1-101.5;
1454 [
1455 [
1456 value; and
1457 [
1458 violation of this section or Section 76-6-103 regarding aggravated arson within 10 years prior
1459 to the commission of the violation of Subsection [
1460 [
1461 damage caused:
1462 [
1463 [
1464 [
1465 violation of this section or Section 76-6-103 regarding aggravated arson within 10 years prior
1466 to the commission of the violation of Subsection [
1467 [
1468 damage caused is less than $500.
1469 Section 25. Section 76-6-103 is amended to read:
1470 76-6-103. Aggravated arson.
1471 (1) [
1472 this section.
1473 (2) An actor commits aggravated arson if by means of fire or explosives [
1474 intentionally and unlawfully damages:
1475 (a) a habitable structure; or
1476 (b) any structure or vehicle when any person not a participant in the offense is in the
1477 structure or vehicle.
1478 [
1479 (3) A violation of Subsection (2) is a first degree felony.
1480 Section 26. Section 76-6-104 is amended to read:
1481 76-6-104. Reckless burning.
1482 (1) [
1483 this section.
1484 (2) An actor commits reckless burning if the [
1485 (a) recklessly starts a fire or causes an explosion which endangers human life;
1486 (b) having started a fire, whether recklessly or not, and knowing that it is spreading and
1487 will endanger the life or property of another, either fails to take reasonable measures to put out
1488 or control the fire or fails to give a prompt fire alarm;
1489 (c) builds or maintains a fire without taking reasonable steps to remove all flammable
1490 materials surrounding the site of the fire as necessary to prevent the fire's spread or escape; or
1491 (d) damages the property of another by reckless use of fire or causing an explosion.
1492 [
1493 (b) A violation of Subsection [
1494 (c) A violation of Subsection [
1495 (i) a class A misdemeanor if damage to property is or exceeds $1,500 in value;
1496 (ii) a class B misdemeanor if the damage to property is or exceeds $500 but is less than
1497 $1,500 in value; and
1498 (iii) a class C misdemeanor if the damage to property is or exceeds $150 but is less
1499 than $500 in value.
1500 (d) Any other violation under Subsection [
1501 Section 27. Section 76-6-104.5 is amended to read:
1502 76-6-104.5. Abandonment of a fire -- Penalties.
1503 (1) [
1504 76-6-101 apply to this section.
1505 (2) An actor commits abandonment of a fire if, under circumstances not amounting to
1506 the offense of arson, aggravated arson, or causing a catastrophe [
1507
1508 (a) without first completely extinguishing it; and
1509 (b) with the intent to not return to the fire.
1510 [
1511
1512 (3) A violation of Subsection [
1513 (a) is a class C misdemeanor if there is no property damage;
1514 (b) is a class B misdemeanor if property damage is less than $1,000 in value; and
1515 (c) is a class A misdemeanor if property damage is or exceeds $1,000 in value.
1516 (4) An actor does not commit a violation of Subsection (2) if the actor leaves a fire to
1517 report an uncontrolled fire.
1518 [
1519 actor is also liable for suppression costs under Section 65A-3-4.
1520 [
1521 did not completely extinguish the fire as required by Subsection [
1522 Section 28. Section 76-6-105 is amended to read:
1523 76-6-105. Causing a catastrophe -- Penalties.
1524 (1) [
1525 to this section.
1526 (2) An actor commits causing a catastrophe if the [
1527 injury or damage to persons or property by:
1528 (a) use of a weapon of mass destruction as defined in Section 76-10-401; or
1529 (b) explosion, fire, flood, avalanche, collapse of a building, or other harmful or
1530 destructive force or substance that is not a weapon of mass destruction.
1531 [
1532 (a) a first degree felony if the [
1533 the use of a weapon of mass destruction;
1534 (b) a second degree felony if the [
1535 by a means other than a weapon of mass destruction; and
1536 (c) a class A misdemeanor if the [
1537 [
1538
1539 local unit of government, or any private business, organization, individual, or entity for all
1540 expenses incurred in responding to the violation, unless the court states on the record the
1541 reasons why the reimbursement would be inappropriate.
1542 Section 29. Section 76-6-106 is amended to read:
1543 76-6-106. Criminal mischief.
1544 (1) (a) As used in this section, "critical infrastructure" includes:
1545 [
1546 [
1547 [
1548 guideways, or other transportation systems intended for the transportation of persons or
1549 property;
1550 [
1551 systems;
1552 [
1553 [
1554 and law enforcement response systems;
1555 [
1556 [
1557 [
1558 (b) Terms defined in Sections 76-1-101.5 and 76-6-101 apply to this section.
1559 (2) [
1560 [
1561
1562 [
1563 result:
1564 (i) recklessly endangers:
1565 (A) human life; or
1566 (B) human health or safety; or
1567 (ii) recklessly causes or threatens a substantial interruption or impairment of any
1568 critical infrastructure; or
1569 [
1570 [
1571 motor vehicle, bus, airplane, boat, locomotive, train, railway car, or caboose, whether moving
1572 or standing.
1573 [
1574 [
1575 misdemeanor.
1576 [
1577 [
1578 [
1579 (i) second degree felony if the actor's conduct causes or is intended to cause pecuniary
1580 loss equal to or in excess of $5,000 in value;
1581 (ii) third degree felony if the actor's conduct causes or is intended to cause pecuniary
1582 loss equal to or in excess of $1,500 but is less than $5,000 in value;
1583 (iii) class A misdemeanor if the actor's conduct causes or is intended to cause
1584 pecuniary loss equal to or in excess of $500 but is less than $1,500 in value; and
1585 (iv) class B misdemeanor if the actor's conduct causes or is intended to cause pecuniary
1586 loss less than $500 in value.
1587 (4) In determining the value of damages under this section, or for computer crimes
1588 under Section 76-6-703, the value of any item, computer, computer network, computer
1589 property, computer services, software, or data includes the measurable value of the loss of use
1590 of the items and the measurable cost to replace or restore the items.
1591 (5) In addition to any other penalty authorized by law, a court shall order [
1592 an actor convicted of any violation of this section to reimburse any federal, state, or local unit
1593 of government, or any private business, organization, individual, or entity for all expenses
1594 incurred in responding to a violation of Subsection [
1595 on the record the reasons why the reimbursement would be inappropriate.
1596 Section 30. Section 76-6-106.1 is enacted to read:
1597 76-6-106.1. Property damage or destruction.
1598 (1) Terms defined in Sections 76-1-101.5 and 76-6-101 apply to this section.
1599 (2) An actor commits property damage or destruction if the actor under circumstances
1600 not amounting to arson or criminal mischief:
1601 (a) damages or destroys property with the intention of defrauding an insurer; or
1602 (b) intentionally damages, defaces, or destroys the property of another.
1603 (3) (a) (i) Except as provided in Subsection (3)(a)(ii), a violation of Subsection (2)(a) is
1604 a third degree felony.
1605 (ii) A violation of Subsection (2)(a) is a second degree felony if the actor's conduct
1606 causes or is intended to cause pecuniary loss equal to or in excess of $5,000.
1607 (b) A violation of Subsection (2)(b) is a:
1608 (i) second degree felony if the actor's conduct causes or is intended to cause pecuniary
1609 loss equal to or in excess of $5,000 in value;
1610 (ii) third degree felony if the actor's conduct causes or is intended to cause pecuniary
1611 loss equal to or in excess of $1,500 but is less than $5,000 in value;
1612 (iii) class A misdemeanor if the actor's conduct causes or is intended to cause
1613 pecuniary loss equal to or in excess of $500 but is less than $1,500 in value; and
1614 (iv) class B misdemeanor if the actor's conduct causes or is intended to cause pecuniary
1615 loss less than $500 in value.
1616 (4) In determining the value of damages under this section, or for computer crimes
1617 under Section 76-6-703, the value of any item, computer, computer network, computer
1618 property, computer services, software, or data includes the measurable value of the loss of use
1619 of the items and the measurable cost to replace or restore the items.
1620 Section 31. Section 76-6-107 is amended to read:
1621 76-6-107. Defacement by graffiti defined -- Penalties -- Removal costs --
1622 Reimbursement liability -- Victim liability.
1623 (1) (a) As used in this section[
1624 or damaged by the use of graffiti and who bears the expense for removal of the graffiti.
1625 (b) Terms defined in Sections 76-1-101.5 and 76-6-101 apply to this section.
1626 (2) An actor commits defacement by graffiti if the actor, without permission, defaces or
1627 damages the property of another by graffiti.
1628 [
1629
1630 [
1631
1632
1633 [
1634
1635 [
1636 (3) A violation of Subsection (2) is a:
1637 (a) second degree felony if the damage caused is in excess of $5,000;
1638 (b) third degree felony if the damage caused is equal to or in excess of $1,000 but less
1639 than or equal to $5,000;
1640 (c) class A misdemeanor if the damage caused is equal to or in excess of $300 but less
1641 than $1,000; and
1642 (d) class B misdemeanor if the damage caused is less than $300.
1643 [
1644 replacement costs, whichever is less.
1645 [
1646 restitution to the victim in an amount equal to the costs incurred by the victim as a result of the
1647 graffiti.
1648 [
1649 if the graffiti is positioned on an overpass or an underpass, requires that traffic be interfered
1650 with in order to remove it, or the entity responsible for the area in which the clean-up is to take
1651 place must provide assistance in order for the removal to take place safely.
1652 [
1653 consent of the property owner, removes graffiti for which the individual is responsible may be
1654 credited for the removal costs against restitution ordered by a court.
1655 [
1656 to a victim for the victim's failure to remove graffiti from the victim's property, the agency
1657 shall:
1658 (a) provide written notice to the victim alerting the victim of the graffiti;
1659 (b) allow the victim one week after the day on which the agency provides written
1660 notice of the graffiti to remove the graffiti; and
1661 (c) provide the victim with a list of resources available to assist the victim with
1662 removal of the graffiti.
1663 [
1664 victim who is unable to remove the graffiti due to physical or financial hardship may alert the
1665 agency that provided notice under Subsection [
1666 (b) If an authorized government agency finds a victim has demonstrated that the victim
1667 would experience significant hardship in removing the graffiti, the agency:
1668 (i) may not issue a citation or assess a fee to the victim for failure to remove the
1669 graffiti; and
1670 (ii) shall provide, or hire an outside entity to provide, the assistance necessary to
1671 remove the graffiti from the victim's property.
1672 (c) An authorized government agency that provides, or hires an outside agency to
1673 provide, assistance under Subsection [
1674 restitution order, under Subsection [
1675 the property that the agency removed, or paid another to remove.
1676 Section 32. Section 76-6-107.5 is amended to read:
1677 76-6-107.5. Defacing by graffiti on public lands.
1678 (1) (a) As used in this section[
1679 property that is held substantially in the property's natural state, including canyons, parks
1680 owned or managed by the state, national parks, land managed by the Bureau of Land
1681 Management, and other lands owned or maintained by a government entity for outdoor
1682 recreational use.
1683 (b) Terms defined in Sections 76-1-101.5 and 76-6-101 apply to this section.
1684 [
1685
1686 [
1687
1688
1689 [
1690
1691
1692
1693 (2) An [
1694 [
1695 lands or state-owned object permanently located on public lands.
1696 (3) [
1697 B misdemeanor.
1698 (4) If an [
1699 [
1700 follows:
1701 (a) for a first conviction, the court shall sentence the [
1702 community service, to be completed within 90 days after the day on which the court issues the
1703 order;
1704 (b) for a second conviction, the court shall sentence the [
1705 of community service, to be completed within 180 days after the day on which the court issues
1706 the order; or
1707 (c) for a third or subsequent conviction, the court shall sentence the [
1708 to 300 hours of community service, to be completed within 270 days after the day on which the
1709 court issues the order.
1710 (5) If an [
1711 employment, the ordered community service may not be scheduled at a time the [
1712 actor is scheduled to be in school or performing the individual's employment duties.
1713 (6) A sentence of community service described in Subjection (4) shall, to the greatest
1714 extent possible, be for the benefit of public lands.
1715 (7) If an [
1716 [
1717 the damaged land, caused by the [
1718 (8) An [
1719 with the consent of the property owner, removes graffiti for which the [
1720 responsible shall be credited for costs ordered by the court under Subsection (7).
1721 Section 33. Section 76-6-108 is amended to read:
1722 76-6-108. Damage to or interruption of a communication device -- Penalty.
1723 (1) (a) As used in this section:
1724 [
1725 telephone, computer, or radio, which may be used in an attempt to summon police, fire,
1726 medical, or other emergency aid.
1727 [
1728 medical services, commonly summoned by persons concerned with imminent or actual:
1729 [
1730 [
1731 (b) Terms defined in Sections 76-1-101.5 and 76-6-101 apply to this section.
1732 (2) [
1733 communication device if the actor attempts to prohibit or interrupt, or prohibits or interrupts,
1734 another person's use of a communication device when the other person is attempting to
1735 summon emergency aid or has communicated a desire to summon emergency aid, and in the
1736 process the actor:
1737 (a) uses force, intimidation, or any other form of violence;
1738 (b) destroys, disables, or damages a communication device; or
1739 (c) commits any other act in an attempt to prohibit or interrupt the person's use of a
1740 communication device to summon emergency aid.
1741 (3) [
1742 (2) is a class B misdemeanor.
1743 Section 34. Section 76-6-111 is amended to read:
1744 76-6-111. Wanton destruction of livestock -- Penalties -- Restitution criteria --
1745 Seizure and disposition of property.
1746 (1) (a) As used in this section:
1747 [
1748 53-13-103.
1749 [
1750 as an asset, including:
1751 [
1752 [
1753 [
1754 [
1755 [
1756 [
1757 [
1758 [
1759 [
1760 [
1761 guard livestock, other than itself, from predators.
1762 (b) Terms defined in Sections 76-1-101.5 and 76-6-101 apply to this section.
1763 (2) Unless authorized by Section 4-25-201, 4-25-202, 4-25-401, 4-39-401, or 18-1-3,
1764 [
1765 actor:
1766 (a) injures, physically alters, releases, or causes the death of livestock; and
1767 (b) does so:
1768 (i) intentionally or knowingly; and
1769 (ii) without the permission of the owner of the livestock.
1770 [
1771
1772
1773 [
1774
1775 (a) class B misdemeanor if the aggregate value of the livestock is $250 or less;
1776 (b) class A misdemeanor if the aggregate value of the livestock is more than $250, but
1777 does not exceed $750;
1778 (c) third degree felony if the aggregate value of the livestock is more than $750, but
1779 does not exceed $5,000; and
1780 (d) second degree felony if the aggregate value of the livestock is more than $5,000.
1781 (4) For purposes of this section, a livestock guardian dog is presumed to belong to an
1782 owner of the livestock with which the livestock guardian dog was living at the time of an
1783 alleged violation of Subsection (2).
1784 (5) When a court orders [
1785 livestock to pay restitution under Title 77, Chapter 38b, Crime Victims Restitution Act, the
1786 court shall consider the restitution guidelines in Subsection (6) when setting the amount of
1787 restitution under Section 77-38b-205.
1788 (6) The minimum restitution value for cattle and sheep is the sum of the following,
1789 unless the court states on the record why it finds the sum to be inappropriate:
1790 (a) the fair market value of the animal, using as a guide the market information
1791 obtained from the Department of Agriculture and Food created under Section 4-2-102; and
1792 (b) 10 years times the average annual value of offspring, for which average annual
1793 value is determined using data obtained from the National Agricultural Statistics Service within
1794 the United States Department of Agriculture, for the most recent 10-year period available.
1795 (7) A material, device, or vehicle used in violation of Subsection (2) is subject to
1796 forfeiture under the procedures and substantive protections established in Title 24, Forfeiture
1797 and Disposition of Property Act.
1798 (8) A peace officer may seize a material, device, or vehicle used in violation of
1799 Subsection (2):
1800 (a) upon notice and service of process issued by a court having jurisdiction over the
1801 property; or
1802 (b) without notice and service of process if:
1803 (i) the seizure is incident to an arrest under:
1804 (A) a search warrant; or
1805 (B) an inspection under an administrative inspection warrant;
1806 (ii) the material, device, or vehicle has been the subject of a prior judgment in favor of
1807 the state in a criminal injunction or forfeiture proceeding under this section; or
1808 (iii) the peace officer has probable cause to believe that the property has been used in
1809 violation of Subsection (2).
1810 (9) (a) A material, device, or vehicle seized under this section is not repleviable but is
1811 in custody of the law enforcement agency making the seizure, subject only to the orders and
1812 decrees of a court or official having jurisdiction.
1813 (b) A peace officer who seizes a material, device, or vehicle under this section may:
1814 (i) place the property under seal;
1815 (ii) remove the property to a place designated by the warrant under which it was seized;
1816 or
1817 (iii) take custody of the property and remove it to an appropriate location for
1818 disposition in accordance with law.
1819 Section 35. Section 76-6-112 is amended to read:
1820 76-6-112. Agricultural operation interference -- Penalties.
1821 (1) (a) As used in this section, "agricultural operation" means private property used for
1822 the production of livestock, poultry, livestock products, or poultry products.
1823 (b) Terms defined in Sections 76-1-101.5 and 76-6-101 apply to this section.
1824 (2) [
1825 [
1826 (a) without consent from the owner of the agricultural operation, or the owner's agent,
1827 knowingly or intentionally records an image of, or sound from, the agricultural operation by
1828 leaving a recording device on the agricultural operation;
1829 (b) obtains access to an agricultural operation under false pretenses;
1830 (c) (i) applies for employment at an agricultural operation with the intent to record an
1831 image of, or sound from, the agricultural operation;
1832 (ii) knows, at the time that the [
1833 operation, that the owner of the agricultural operation prohibits the employee from recording an
1834 image of, or sound from, the agricultural operation; and
1835 (iii) while employed at, and while present on, the agricultural operation, records an
1836 image of, or sound from, the agricultural operation; or
1837 (d) without consent from the owner of the operation or the owner's agent, knowingly or
1838 intentionally records an image of, or sound from, an agricultural operation while the person is
1839 committing criminal trespass, as described in Section 76-6-206, on the agricultural operation.
1840 (3) (a) A [
1841 violation of Subsection (2)(a) is [
1842 [
1843 violation of Subsection (2)(b), (c), or (d) is [
1844 Section 36. Section 76-6-202 is amended to read:
1845 76-6-202. Burglary.
1846 (1) Terms defined in Sections 76-1-101.5 and 76-6-101 apply to this section.
1847 (2) An actor [
1848 unlawfully in a building or any portion of a building with intent to commit:
1849 (a) a felony;
1850 (b) theft;
1851 (c) an assault on any person;
1852 (d) lewdness, [
1853 (e) sexual battery, [
1854 (f) lewdness involving a child, in violation of Section 76-9-702.5; or
1855 (g) voyeurism [
1856 [
1857 Subsection (2) is a third degree felony [
1858
1859 (b) A violation of Subsection (2) is a second degree felony if the violation is committed
1860 in a dwelling.
1861 [
1862 in Subsections [
1863 actor while in the building.
1864 Section 37. Section 76-6-203 is amended to read:
1865 76-6-203. Aggravated burglary.
1866 (1) [
1867 this section.
1868 (2) An actor commits aggravated burglary if in attempting, committing, or fleeing from
1869 a burglary the actor or another participant in the crime:
1870 (a) causes bodily injury to any person who is not a participant in the crime;
1871 (b) uses or threatens the immediate use of a dangerous weapon against any person who
1872 is not a participant in the crime; or
1873 (c) possesses or attempts to use any explosive or dangerous weapon.
1874 [
1875 [
1876
1877 Section 38. Section 76-6-204 is amended to read:
1878 76-6-204. Burglary of a vehicle -- Charge of other offense.
1879 (1) [
1880 section.
1881 (2) An actor commits burglary of a vehicle if the actor unlawfully enters any vehicle
1882 with intent to commit a felony or theft [
1883 [
1884 misdemeanor.
1885 [
1886 (2) does not preclude a charge for a commission of any other offense.
1887 Section 39. Section 76-6-204.5 is amended to read:
1888 76-6-204.5. Burglary of a railroad car -- Charge of other offenses.
1889 (1) [
1890 section.
1891 (2) An actor commits burglary of a railroad car [
1892 the lock or seal on any railroad car, with the intent to commit a felony or theft.
1893 [
1894 felony.
1895 [
1896 charging the person for any other offense.
1897 Section 40. Section 76-6-205 is amended to read:
1898 76-6-205. Manufacture or possession of instrument for burglary or theft.
1899 (1) Terms defined in Sections 76-1-101.5 and 76-6-201 apply to this section.
1900 (2) [
1901 for burglary or theft if the actor manufactures or possesses any instrument, tool, device, article,
1902 or other thing adapted, designed, or commonly used in advancing or facilitating the
1903 commission of any offense under circumstances manifesting an intent to use or knowledge that
1904 [
1905
1906 (3) A violation of Subsection (2) is a class B misdemeanor.
1907 Section 41. Section 76-6-206 is amended to read:
1908 76-6-206. Criminal trespass.
1909 (1) (a) As used in this section:
1910 [
1911 (ii) "Graffiti" means the same as that term is defined in Section 76-6-101.
1912 [
1913 remaining on or over private property when:
1914 [
1915 public; and
1916 [
1917 the unmanned aircraft over the private property or any portion of the private property.
1918 (b) Terms defined in Sections 76-1-101.5 and 76-6-201 apply to this section.
1919 (2) [
1920 not amounting to burglary as defined in Section 76-6-202, 76-6-203, or 76-6-204 or a violation
1921 of Section 76-10-2402 regarding commercial obstruction:
1922 (a) the [
1923 to enter and remain unlawfully over property and:
1924 (i) intends to cause annoyance or injury to any person or damage to any property,
1925 including the use of graffiti [
1926 (ii) intends to commit any crime, other than theft or a felony; or
1927 (iii) is reckless as to whether the [
1928 cause fear for the safety of another;
1929 (b) knowing the [
1930 the [
1931 unlawfully over property to which notice against entering is given by:
1932 (i) personal communication to the [
1933 apparent authority to act for the owner;
1934 (ii) fencing or other enclosure obviously designed to exclude intruders; or
1935 (iii) posting of signs reasonably likely to come to the attention of intruders; or
1936 (c) the [
1937 (3) (a) [
1938 (b) is a class B misdemeanor [
1939
1940 (b) If a violation of Subsection (2)(a) or (b) is committed in a dwelling, the violation is
1941 a class A misdemeanor.
1942 [
1943 (4) It is a defense to prosecution under this section that:
1944 (a) the property was at the time open to the public; and
1945 (b) the [
1946 remaining on the property.
1947 (5) In addition to an order for restitution under Section 77-38b-205, [
1948 who commits a violation of Subsection (2) may also be liable for:
1949 (a) statutory damages in the amount of three times the value of damages resulting from
1950 the violation of Subsection (2) or $500, whichever is greater; and
1951 (b) reasonable attorney fees not to exceed $250, and court costs.
1952 (6) Civil damages under Subsection (5) may be collected in a separate action by the
1953 property owner or the owner's assignee.
1954 Section 42. Section 76-6-206.1 is amended to read:
1955 76-6-206.1. Criminal trespass of abandoned or inactive mines.
1956 (1) (a) For purposes of this section:
1957 [
1958 open for access or no longer under excavation and has been clearly marked as closed or
1959 protected from entry.
1960 (ii) "Burglary" means an offense described in Section 76-6-202, 76-6-203, or 76-6-204.
1961 [
1962 (b) Terms defined in Sections 76-1-101.5 and 76-6-201 apply to this section.
1963 (2) [
1964 inactive mine if, under circumstances not amounting to burglary [
1965
1966 (a) [
1967 workings of an abandoned or inactive mine; or
1968 (b) intentionally and without authority removes, destroys, or tampers with any warning
1969 sign, covering, fencing, or other method of protection from entry placed on, around, or over any
1970 mine shaft, mine portal, or other abandoned or inactive mining excavation property.
1971 (3) (a) A violation of Subsection (2)(a) is a class B misdemeanor.
1972 [
1973 Section 43. Section 76-6-206.2 is amended to read:
1974 76-6-206.2. Criminal trespass on state park lands.
1975 (1) (a) As used in this section:
1976 [
1977 agreement with, the Division of State Parks.
1978 [
1979 set forth in Section 76-6-206.
1980 [
1981 [
1982 (b) Terms defined in Sections 76-1-101.5 and 76-6-201 apply to this section.
1983 (2) [
1984 is liable for the civil damages prescribed in Subsection (5) if, under circumstances not
1985 amounting to a greater offense, and without authorization, the [
1986 (a) constructs improvements or structures on state park lands;
1987 (b) uses or occupies state park lands for more than 30 days after the cancellation or
1988 expiration of authorization;
1989 (c) knowingly or intentionally uses state park lands for commercial gain;
1990 (d) intentionally or knowingly grazes livestock on state park lands, except as provided
1991 in Section 72-3-112; or
1992 (e) remains, after being ordered to leave by [
1993 act for the division, or by a law enforcement officer.
1994 (3) A violation of Subsection (2) is a class B misdemeanor.
1995 [
1996 person enters onto state park lands:
1997 (a) without first paying the required fee; and
1998 (b) for the sole purpose of pursuing recreational activity.
1999 [
2000 (5) (a) In addition to an order for restitution under Section 77-38b-205, [
2001 actor who commits any act described in Subsection (2) may also be liable for civil damages in
2002 the amount of three times the value of:
2003 [
2004 [
2005 that is removed, destroyed, used, or consumed without authorization;
2006 [
2007 state park lands that is removed, destroyed, used, or consumed without authorization; or
2008 [
2009 unauthorized use of the land and resources during the period of trespass.
2010 [
2011 (i) may be collected in a separate action by the division[
2012 (ii) shall be deposited [
2013 established in Section 79-4-402.
2014 Section 44. Section 76-6-206.3 is amended to read:
2015 76-6-206.3. Criminal trespass on agricultural land or range land.
2016 (1) (a) As used in this section:
2017 [
2018 Subsections [
2019 [
2020 agreement with, the owner or manager of the property.
2021 [
2022 under Section 76-6-206.
2023 [
2024 [
2025 into lots and that is generally unimproved. [
2026 (B) "Range land" includes land used for livestock.
2027 (b) Terms defined in Sections 76-1-101.5 and 76-6-201 apply to this section.
2028 (2) [
2029 commits criminal trespass on agricultural or range land and is liable for the civil damages
2030 under Subsection (5) if, under circumstances not amounting to a greater offense, and without
2031 authorization or a right under state law, the [
2032 range land regarding which notice prohibiting entry is given by:
2033 (a) personal communication to the [
2034 employee of the owner, or a person with apparent authority to act for the owner;
2035 (b) fencing or other form of enclosure a reasonable person would recognize as intended
2036 to exclude intruders; or
2037 (c) posted signs or markers that would reasonably be expected to be seen by persons in
2038 the area of the borders of the land.
2039 [
2040
2041
2042
2043 [
2044 (4) In addition to an order for restitution under Section 77-38b-205, [
2045 who commits any violation of Subsection (2) [
2046 (a) statutory damages in the amount of three times the value of damages resulting from
2047 the violation of Subsection (2) or $500, whichever is greater; [
2048 (b) reasonable attorney fees not to exceed $250[
2049 (c) court costs.
2050 (5) Civil damages under Subsection (4) may be collected in a separate action by the
2051 owner of the agricultural or range land or the owner's assignee.
2052 Section 45. Section 76-6-206.4 is amended to read:
2053 76-6-206.4. Criminal trespass by long-term guest to a residence.
2054 (1) (a) As used in this section:
2055 (i) "Burglary" means an offense described in Section 76-6-202, 76-6-203, or 76-6-204.
2056 [
2057 express or implied permission by the person who is the primary occupant of the residence or
2058 someone with apparent authority to act for the primary occupant to enter a portion of a
2059 residence or temporarily occupy a portion of a residence:
2060 [
2061 [
2062 compensation or entering into an agreement that the individual provide labor in lieu of
2063 providing the owner or primary occupant compensation for occupying the residence.
2064 [
2065 primary or secondary dwelling.
2066 [
2067 rental agreement or lease, or has a tenancy by operation of law.
2068 [
2069
2070
2071 (b) Terms defined in Sections 76-1-101.5 and 76-6-201 apply to this section.
2072 (2) An actor commits criminal trespass of a residence if the actor:
2073 (a) is a long-term guest; and
2074 (b) in circumstances not amounting to burglary, remains in a residence after the
2075 [
2076 communication to the [
2077 residence or someone with apparent authority to act for the primary occupant.
2078 (3) A violation of Subsection (2) is a class B misdemeanor.
2079 (4) Before a law enforcement officer escorts an [
2080 a violation of [
2081 [
2082 personal belongings.
2083 Section 46. Section 76-6-206.5 is enacted to read:
2084 76-6-206.5. Cutting, destroying, or rendering ineffective fencing of agricultural or
2085 range land.
2086 (1) Terms defined in Sections 76-1-101.5, 76-6-201, and 76-6-206.3 apply to this
2087 section.
2088 (2) An actor commits cutting, destroying, or rendering ineffective the fencing of
2089 agricultural or range land if the person willfully cuts, destroys, or renders ineffective any
2090 fencing or other form of enclosure a reasonable person would recognize as intended to exclude
2091 intruders.
2092 (3) A violation of Subsection (2) is a class B misdemeanor.
2093 (4) In addition to an order for restitution under Section 77-38b-205, an actor who
2094 commits a violation of Subsection (2) may also be liable for:
2095 (a) statutory damages in the amount of $500;
2096 (b) reasonable attorney fees not to exceed $250; and
2097 (c) court costs.
2098 (5) Civil damages under Subsection (4) may be collected in a separate action by the
2099 owner of the agricultural or range land or the owner's assignee.
2100 Section 47. Section 76-6-301 is amended to read:
2101 76-6-301. Robbery.
2102 (1) (a) [
2103 committing a theft or unauthorized possession of property" if the act occurs:
2104 (i) in the course of an attempt to commit theft or unauthorized possession of property;
2105 (ii) in the commission of theft or unauthorized possession of property; or
2106 (iii) in the immediate flight after the attempt or commission.
2107 (b) Terms defined in Section 76-1-101.5 apply to this section.
2108 (2) An actor commits robbery if the actor:
2109 (a) [
2110 in the possession of [
2111 presence, against [
2112 intent to deprive the [
2113 or
2114 (b) [
2115 against [
2116 unauthorized possession of property.
2117 [
2118
2119 [
2120 [
2121 [
2122 (3) [
2123 Section 48. Section 76-6-302 is amended to read:
2124 76-6-302. Aggravated robbery.
2125 (1) (a) [
2126 committing a robbery" if the act occurs in an attempt to commit, during the commission of, or
2127 in the immediate flight after the attempt or commission of a robbery.
2128 (b) Terms defined in Section 76-1-101.5 apply to this section.
2129 (2) An actor commits aggravated robbery if in the course of committing a robbery, [
2130 the actor:
2131 (a) uses or threatens to use a dangerous weapon [
2132 (b) causes serious bodily injury [
2133 (c) takes or attempts to take an operable motor vehicle.
2134 (3) A violation of Subsection (2) is a first degree felony.
2135 [
2136 [
2137
2138
2139 Section 49. Section 76-6-403 is amended to read:
2140 76-6-403. Theft -- Evidence to support accusation.
2141 Conduct denominated theft in this part constitutes a single offense embracing the
2142 separate offenses such as those heretofore known as larceny, larceny by trick, larceny by
2143 bailees, embezzlement, false pretense, extortion, blackmail, receiving stolen property. An
2144 accusation of theft may be supported by evidence that it was committed in any manner
2145 specified in [
2146 ensure a fair trial by granting a continuance or other appropriate relief where the conduct of the
2147 defense would be prejudiced by lack of fair notice or by surprise.
2148 Section 50. Section 76-6-404 is amended to read:
2149 76-6-404. Theft -- Elements.
2150 (1) Terms defined in Section 76-1-101.5 apply to this section.
2151 (2) [
2152 unauthorized control over [
2153 [
2154 (3) A violation of Subsection (2) is:
2155 (a) a second degree felony if the:
2156 (i) value of the property is or exceeds $5,000;
2157 (ii) property stolen is a firearm or an operable motor vehicle; or
2158 (iii) property is stolen from the person of another;
2159 (b) a third degree felony if:
2160 (i) the value of the property is or exceeds $1,500 but is less than $5,000;
2161 (ii) the property is a catalytic converter as defined under Section 76-6-1402;
2162 (iii) the value of the property is or exceeds $500 and the actor has been twice before
2163 convicted of any of the following offenses, if each prior offense was committed within 10 years
2164 before the date of the current conviction or the date of the offense upon which the current
2165 conviction is based and at least one of those convictions is for a class A misdemeanor:
2166 (A) any theft, any robbery, or any burglary with intent to commit theft;
2167 (B) any offense under Part 5, Fraud; or
2168 (C) any attempt to commit any offense under Subsection (3)(b)(iii)(A) or (B);
2169 (iv) (A) the value of property is or exceeds $500 but is less than $1,500;
2170 (B) the theft occurs on a property where the offender has committed any theft within
2171 the past five years; and
2172 (C) the offender has received written notice from the merchant prohibiting the offender
2173 from entering the property pursuant to Subsection 78B-3-108(4); or
2174 (v) the actor has been previously convicted of a felony violation of any of the offenses
2175 listed in Subsections (3)(b)(iii)(A) through (3)(b)(iii)(C), if the prior offense was committed
2176 within 10 years before the date of the current conviction or the date of the offense upon which
2177 the current conviction is based;
2178 (c) a class A misdemeanor if:
2179 (i) the value of the property stolen is or exceeds $500 but is less than $1,500;
2180 (ii) (A) the value of property is less than $500;
2181 (B) the theft occurs on a property where the offender has committed any theft within
2182 the past five years; and
2183 (C) the offender has received written notice from the merchant prohibiting the offender
2184 from entering the property pursuant to Subsection 78B-3-108(4); or
2185 (iii) the actor has been twice before convicted of any of the offenses listed in
2186 Subsections (3)(b)(iii)(A) through (3)(b)(iii)(C), if each prior offense was committed within 10
2187 years before the date of the current conviction or the date of the offense upon which the current
2188 conviction is based; or
2189 (d) a class B misdemeanor if the value of the property stolen is less than $500 and the
2190 theft is not an offense under Subsection (3)(c).
2191 Section 51. Section 76-6-404.5 is amended to read:
2192 76-6-404.5. Unauthorized possession of property.
2193 (1) [
2194 (2) An actor commits [
2195 [
2196
2197 temporarily appropriate, possess, or use the property or to temporarily deprive the property's
2198 owner or legal custodian of possession of the property.
2199 [
2200
2201
2202 [
2203
2204 [
2205
2206 [
2207
2208 [
2209
2210 [
2211
2212 [
2213 (a) a third degree felony if:
2214 (i) the value of the property is or exceeds $5,000;
2215 (ii) the property is a firearm or an operable motor vehicle; or
2216 (iii) the property is taken from the person of another;
2217 (b) a class A misdemeanor if:
2218 (i) the value of the property is or exceeds $1,500 but is less than $5,000;
2219 (ii) the property is a catalytic converter as defined under Section 76-6-1402;
2220 (iii) the value of the property is or exceeds $500 and the actor has been twice before
2221 convicted of any of the following offenses, if each prior offense was committed within 10 years
2222 before the date of the current conviction or the date of the offense upon which the current
2223 conviction is based and at least one of those convictions is for a class A misdemeanor:
2224 (A) any theft, any robbery, or any burglary with intent to commit theft;
2225 (B) any offense under Part 5, Fraud; or
2226 (C) any attempt to commit any offense under Subsection (3)(b)(iii)(A) or (B);
2227 (iv) (A) the value of property is or exceeds $500 but is less than $1,500;
2228 (B) the unauthorized possession of property occurs on a property where the offender
2229 has committed any theft within the past five years; and
2230 (C) the offender has received written notice from the merchant prohibiting the offender
2231 from entering the property pursuant to Subsection 78B-3-108(4); or
2232 (v) the actor has been previously convicted of a felony violation of any of the offenses
2233 listed in Subsections (3)(b)(iii)(A) through (3)(b)(iii)(C), if the prior offense was committed
2234 within 10 years before the date of the current conviction or the date of the offense upon which
2235 the current conviction is based;
2236 (c) a class B misdemeanor if:
2237 (i) the value of the property is or exceeds $500 but is less than $1,500;
2238 (ii) (A) the value of property is less than $500;
2239 (B) the unauthorized possession of property occurs on a property where the offender
2240 has committed any theft within the past five years; and
2241 (C) the offender has received written notice from the merchant prohibiting the offender
2242 from entering the property pursuant to Subsection 78B-3-108(4); or
2243 (iii) the actor has been twice before convicted of any of the offenses listed in
2244 Subsections (3)(b)(iii)(A) through (3)(b)(iii)(C), if each prior offense was committed within 10
2245 years before the date of the current conviction or the date of the offense upon which the current
2246 conviction is based; or
2247 (d) a class C misdemeanor if the value of the property is less than $500 and the
2248 unauthorized possession of property is not an offense under Subsection (3)(c).
2249 (4) Unauthorized possession of property is a lesser included offense of the offense of
2250 theft under Section 76-6-404.
2251 (5) The consent of the owner or legal custodian of the property to the property's control
2252 by the actor is not presumed or implied because of the owner's or legal custodian's consent on a
2253 previous occasion to the control of the property by any person.
2254 Section 52. Section 76-6-404.7 is amended to read:
2255 76-6-404.7. Theft of motor vehicle fuel.
2256 (1) (a) As used in this section, "motor vehicle fuel" means any combustible gas, liquid,
2257 matter, or substance that is used in an internal combustion engine for the generation of power.
2258 (b) Terms defined in Section 76-1-101.5 apply to this section.
2259 (2) [
2260 actor:
2261 (a) causes a motor vehicle to leave any premises where motor vehicle fuel is offered for
2262 retail sale when motor fuel has been dispensed into:
2263 (i) the fuel tank of the motor vehicle; or
2264 (ii) any other container that is then removed from the premises by means of the motor
2265 vehicle; and
2266 (b) commits the act under Subsection (2)(a) with the intent to deprive the owner or
2267 operator of the premises of the motor vehicle fuel without making full payment for the fuel.
2268 (3) A violation of Subsection (2) is:
2269 (a) a second degree felony if the value of the motor vehicle fuel is or exceeds $5,000;
2270 (b) a third degree felony if:
2271 (i) the value of the motor vehicle fuel is or exceeds $1,500 but is less than $5,000; or
2272 (ii) the value of the motor vehicle fuel is or exceeds $500 and the actor has been twice
2273 before convicted of any of the following offenses, if each prior offense was committed within
2274 10 years before the date of the current conviction or the date of the offense upon which the
2275 current conviction is based and at least one of those convictions is for a class A misdemeanor:
2276 (A) any theft, any robbery, or any burglary with intent to commit theft;
2277 (B) any offense under Part 5, Fraud; or
2278 (C) any attempt to commit any offense under Subsection (3)(b)(ii)(A) or (B);
2279 (iii) (A) the value of the motor vehicle fuel is or exceeds $500 but is less than $1,500;
2280 (B) the theft occurs on a property where the offender has committed any theft within
2281 the past five years; and
2282 (C) the offender has received written notice from the merchant prohibiting the offender
2283 from entering the property pursuant to Subsection 78B-3-108(4); or
2284 (iv) the actor has been previously convicted of a felony violation of any of the offenses
2285 listed in Subsections (3)(b)(ii)(A) through (3)(b)(ii)(C), if the prior offense was committed
2286 within 10 years before the date of the current conviction or the date of the offense upon which
2287 the current conviction is based;
2288 (c) a class A misdemeanor if:
2289 (i) the value of the motor vehicle fuel is or exceeds $500 but is less than $1,500;
2290 (ii) (A) the value of the motor vehicle fuel is less than $500;
2291 (B) the theft occurs on a property where the offender has committed any theft within
2292 the past five years; and
2293 (C) the offender has received written notice from the merchant prohibiting the offender
2294 from entering the property pursuant to Subsection 78B-3-108(4); or
2295 (iii) the actor has been twice before convicted of any of the offenses listed in
2296 Subsections (3)(b)(ii)(A) through (3)(b)(ii)(C), if each prior offense was committed within 10
2297 years before the date of the current conviction or the date of the offense upon which the current
2298 conviction is based; or
2299 (d) a class B misdemeanor if the value of the motor vehicle fuel is less than $500 and
2300 the theft is not an offense under Subsection (3)(c).
2301 [
2302 Subsection (3), the sentencing court may order the suspension of the driver license of [
2303
2304 (b) The suspension described in Subsection (4)(a) may not be for more than 90 days as
2305 provided in Section 53-3-220.
2306 Section 53. Section 76-6-405 is amended to read:
2307 76-6-405. Theft by deception.
2308 (1) (a) As used in this section, "puffing" means an exaggerated commendation of wares
2309 or worth in a communication addressed to an individual, group, or the public.
2310 (b) Terms defined in Section 76-1-101.5 apply to this section.
2311 (2) (a) [
2312 exercises control over property of another person:
2313 (i) by deception; and
2314 (ii) with a purpose to deprive the other person of property.
2315 (b) The deception described in Subsection (2)(a)(i) and the deprivation described in
2316 Subsection (2)(a)(ii) may occur at separate times.
2317 (3) A violation of Subsection (2) is:
2318 (a) a second degree felony if the:
2319 (i) value of the property is or exceeds $5,000; or
2320 (ii) property stolen is a firearm or an operable motor vehicle;
2321 (b) a third degree felony if:
2322 (i) the value of the property is or exceeds $1,500 but is less than $5,000;
2323 (ii) the property is a catalytic converter as defined under Section 76-6-1402;
2324 (iii) the value of the property is or exceeds $500 and the actor has been twice before
2325 convicted of any of the following offenses, if each prior offense was committed within 10 years
2326 before the date of the current conviction or the date of the offense upon which the current
2327 conviction is based and at least one of those convictions is for a class A misdemeanor:
2328 (A) any theft, any robbery, or any burglary with intent to commit theft;
2329 (B) any offense under Part 5, Fraud; or
2330 (C) any attempt to commit any offense under Subsection (3)(b)(iii)(A) or (B);
2331 (iv) (A) the value of property is or exceeds $500 but is less than $1,500;
2332 (B) the theft occurs on a property where the offender has committed any theft within
2333 the past five years; and
2334 (C) the offender has received written notice from the merchant prohibiting the offender
2335 from entering the property pursuant to Subsection 78B-3-108(4); or
2336 (v) the actor has been previously convicted of a felony violation of any of the offenses
2337 listed in Subsections (3)(b)(iii)(A) through (3)(b)(iii)(C), if the prior offense was committed
2338 within 10 years before the date of the current conviction or the date of the offense upon which
2339 the current conviction is based;
2340 (c) a class A misdemeanor if:
2341 (i) the value of the property stolen is or exceeds $500 but is less than $1,500;
2342 (ii) (A) the value of property is less than $500;
2343 (B) the theft occurs on a property where the offender has committed any theft within
2344 the past five years; and
2345 (C) the offender has received written notice from the merchant prohibiting the offender
2346 from entering the property pursuant to Subsection 78B-3-108(4); or
2347 (iii) the actor has been twice before convicted of any of the offenses listed in
2348 Subsections (3)(b)(iii)(A) through (3)(b)(iii)(C), if each prior offense was committed within 10
2349 years before the date of the current conviction or the date of the offense upon which the current
2350 conviction is based; or
2351 (d) a class B misdemeanor if the value of the property stolen is less than $500 and the
2352 theft is not an offense under Subsection (3)(c).
2353 [
2354 (a) falsity as to matters having no pecuniary significance; or
2355 (b) puffing by statements unlikely to deceive an ordinary person in the group
2356 addressed.
2357 Section 54. Section 76-6-406 is amended to read:
2358 76-6-406. Theft by extortion.
2359 [
2360
2361
2362 [
2363 [
2364 person, or to property at any time;
2365 [
2366 restraint;
2367 [
2368 [
2369 ridicule;
2370 [
2371 [
2372 respect to a person's legal claim or defense;
2373 [
2374 action, or cause such action or withholding;
2375 [
2376 obtain property that is not demanded or received for the benefit of the group that the actor
2377 purports to represent; or
2378 [
2379 which would harm substantially any other person with respect to that person's health, safety,
2380 business, calling, career, financial condition, reputation, or personal relationships.
2381 (b) Terms defined in Section 76-1-101.5 apply to this section.
2382 (2) An actor commits theft by extortion if the actor obtains or exercises control over
2383 the property of another person by extortion and with a purpose to deprive the person of the
2384 person's property.
2385 (3) A violation of Subsection (2) is:
2386 (a) a second degree felony if the:
2387 (i) value of the property is or exceeds $5,000;
2388 (ii) property stolen is a firearm or an operable motor vehicle; or
2389 (iii) property is stolen from the person of another;
2390 (b) a third degree felony if:
2391 (i) the value of the property is or exceeds $1,500 but is less than $5,000;
2392 (ii) the property is a catalytic converter as defined under Section 76-6-1402;
2393 (iii) the value of the property is or exceeds $500 and the actor has been twice before
2394 convicted of any of the following offenses, if each prior offense was committed within 10 years
2395 before the date of the current conviction or the date of the offense upon which the current
2396 conviction is based and at least one of those convictions is for a class A misdemeanor:
2397 (A) any theft, any robbery, or any burglary with intent to commit theft;
2398 (B) any offense under Part 5, Fraud; or
2399 (C) any attempt to commit any offense under Subsection (3)(b)(iii)(A) or (B);
2400 (iv) (A) the value of property is or exceeds $500 but is less than $1,500;
2401 (B) the theft occurs on a property where the offender has committed any theft within
2402 the past five years; and
2403 (C) the offender has received written notice from the merchant prohibiting the offender
2404 from entering the property pursuant to Subsection 78B-3-108(4); or
2405 (v) the actor has been previously convicted of a felony violation of any of the offenses
2406 listed in Subsections (3)(b)(iii)(A) through (3)(b)(iii)(C), if the prior offense was committed
2407 within 10 years before the date of the current conviction or the date of the offense upon which
2408 the current conviction is based;
2409 (c) a class A misdemeanor if:
2410 (i) the value of the property stolen is or exceeds $500 but is less than $1,500;
2411 (ii) (A) the value of property is less than $500;
2412 (B) the theft occurs on a property where the offender has committed any theft within
2413 the past five years; and
2414 (C) the offender has received written notice from the merchant prohibiting the offender
2415 from entering the property pursuant to Subsection 78B-3-108(4); or
2416 (iii) the actor has been twice before convicted of any of the offenses listed in
2417 Subsections (3)(b)(iii)(A) through (3)(b)(iii)(C), if each prior offense was committed within 10
2418 years before the date of the current conviction or the date of the offense upon which the current
2419 conviction is based; or
2420 (d) a class B misdemeanor if the value of the property stolen is less than $500 and the
2421 theft is not an offense under Subsection (3)(c).
2422 [
2423 Subsection [
2424 (b) In accordance with Section 78B-2-305, a person who brings an action under
2425 Subsection [
2426 the cause of action arises.
2427 Section 55. Section 76-6-407 is amended to read:
2428 76-6-407. Theft of lost, mislaid, or mistakenly delivered property.
2429 [
2430 (1) [
2431 (2) An actor commits theft of lost, mislaid, or mistakenly delivered property if the
2432 actor:
2433 (a) obtains another person's property [
2434 have been lost or mislaid, or to have been delivered under a mistake as to the identity of the
2435 recipient or as to the nature or amount of the property, without taking reasonable measures to
2436 return [
2437 [
2438 obtains the property or at any time [
2439
2440 (3) A violation of Subsection (2) is:
2441 (a) a second degree felony if the:
2442 (i) value of the property is or exceeds $5,000;
2443 (ii) property stolen is a firearm or an operable motor vehicle; or
2444 (iii) property is stolen from the person of another;
2445 (b) a third degree felony if:
2446 (i) the value of the property is or exceeds $1,500 but is less than $5,000;
2447 (ii) the property is a catalytic converter as defined under Section 76-6-1402;
2448 (iii) the value of the property is or exceeds $500 and the actor has been twice before
2449 convicted of any of the following offenses, if each prior offense was committed within 10 years
2450 before the date of the current conviction or the date of the offense upon which the current
2451 conviction is based and at least one of those convictions is for a class A misdemeanor:
2452 (A) any theft, any robbery, or any burglary with intent to commit theft;
2453 (B) any offense under Part 5, Fraud; or
2454 (C) any attempt to commit any offense under Subsection (3)(b)(iii)(A) or (B);
2455 (iv) (A) the value of property is or exceeds $500 but is less than $1,500;
2456 (B) the theft occurs on a property where the offender has committed any theft within
2457 the past five years; and
2458 (C) the offender has received written notice from the merchant prohibiting the offender
2459 from entering the property pursuant to Subsection 78B-3-108(4); or
2460 (v) the actor has been previously convicted of a felony violation of any of the offenses
2461 listed in Subsections (3)(b)(iii)(A) through (3)(b)(iii)(C), if the prior offense was committed
2462 within 10 years before the date of the current conviction or the date of the offense upon which
2463 the current conviction is based;
2464 (c) a class A misdemeanor if:
2465 (i) the value of the property stolen is or exceeds $500 but is less than $1,500;
2466 (ii) (A) the value of property is less than $500;
2467 (B) the theft occurs on a property where the offender has committed any theft within
2468 the past five years; and
2469 (C) the offender has received written notice from the merchant prohibiting the offender
2470 from entering the property pursuant to Subsection 78B-3-108(4); or
2471 (iii) the actor has been twice before convicted of any of the offenses listed in
2472 Subsections (3)(b)(iii)(A) through (3)(b)(iii)(C), if each prior offense was committed within 10
2473 years before the date of the current conviction or the date of the offense upon which the current
2474 conviction is based; or
2475 (d) a class B misdemeanor if the value of the property stolen is less than $500 and the
2476 theft is not an offense under Subsection (3)(c).
2477 Section 56. Section 76-6-408 is amended to read:
2478 76-6-408. Theft by receiving stolen property -- Duties of pawnbrokers,
2479 secondhand businesses, coin dealers, and catalytic converter purchasers.
2480 (1) (a) As used in this section:
2481 [
2482 Section 13-32a-102.
2483 [
2484 [
2485 [
2486 security of the property.
2487 [
2488 76-6-1402.
2489 [
2490 [
2491 [
2492 secondhand merchandise or personal property; or
2493 [
2494 receives, or obtains property.
2495 (b) Terms defined in Section 76-1-101.5 apply to this section.
2496 (2) [
2497 receives, retains, or disposes of the property of another knowing that the property is stolen, or
2498 believing that the property is probably stolen, or who conceals, sells, withholds, or aids in
2499 concealing, selling, or withholding the property from the owner, knowing or believing the
2500 property to be stolen, intending to deprive the owner of the property.
2501 (3) A violation of Subsection (2) is:
2502 (a) a second degree felony if:
2503 (i) the value of the property is or exceeds $5,000; or
2504 (ii) the property is a firearm or an operable motor vehicle;
2505 (b) a third degree felony if:
2506 (i) the value of the property is or exceeds $1,500 but is less than $5,000;
2507 (ii) the property is a catalytic converter as defined under Section 76-6-1402;
2508 (iii) the value of the property is or exceeds $500 and the actor has been twice before
2509 convicted of any of the following offenses, if each prior offense was committed within 10 years
2510 before the date of the current conviction or the date of the offense upon which the current
2511 conviction is based and at least one of those convictions is for a class A misdemeanor:
2512 (A) any theft, any robbery, or any burglary with intent to commit theft;
2513 (B) any offense under Part 5, Fraud; or
2514 (C) any attempt to commit any offense under Subsection (3)(b)(iii)(A) or (B); or
2515 (iv) the actor has been previously convicted of a felony violation of any of the offenses
2516 listed in Subsections (3)(b)(iii)(A) through (3)(b)(iii)(C), if the prior offense was committed
2517 within 10 years before the date of the current conviction or the date of the offense upon which
2518 the current conviction is based;
2519 (c) a class A misdemeanor if:
2520 (i) the value of the property is or exceeds $500 but is less than $1,500; or
2521 (ii) the actor has been twice before convicted of any of the offenses listed in
2522 Subsections (3)(b)(iii)(A) through (3)(b)(iii)(C), if each prior offense was committed within 10
2523 years before the date of the current conviction or the date of the offense upon which the current
2524 conviction is based; or
2525 (d) a class B misdemeanor if the value of the property is less than $500 and the theft is
2526 not an offense under Subsection (3)(c).
2527 [
2528 under Subsection (2) is presumed in the case of an actor who:
2529 (a) is found in possession or control of other property stolen on a separate occasion; or
2530 (b) has received other stolen property within the year preceding the receiving offense
2531 charged.
2532 [
2533 presumed of a secondhand actor if the secondhand actor does not substantially comply with the
2534 material requirements of Section 13-32a-104.
2535 (b) The knowledge or belief required under Subsection (2) may only be presumed of a
2536 coin dealer or an employee of a coin dealer if the coin dealer or the employee of the coin dealer
2537 does not substantially comply with the requirements of Section 13-32a-104.5.
2538 (c) The knowledge or belief required under Subsection (2) may only be presumed of a
2539 catalytic converter purchaser if the catalytic converter purchaser does not substantially comply
2540 with the material requirements of Section 13-32a-104.7.
2541 [
2542 does not apply to a scrap metal processor.
2543 [
2544 the Utah Rules of Evidence.
2545 (8) An actor who violates Subsection (2) is civilly liable for three times the amount of
2546 actual damages, if any sustained by the plaintiff, and for costs of suit and reasonable attorney
2547 fees.
2548 Section 57. Section 76-6-409 is amended to read:
2549 76-6-409. Theft of service.
2550 (1) (a) [
2551 (i) labor, professional service, a public utility or transportation service, restaurant,
2552 hotel, motel, tourist cabin, rooming house, and like accommodations, the supplying of
2553 equipment, a tool, a vehicle, or a trailer for temporary use, telegraph service, steam, admission
2554 to entertainment, an exhibition, a sporting event, or other event for which a charge is made;
2555 (ii) gas, electricity, water, sewer, or cable television service, only if the service is
2556 obtained by threat, force, or a form of deception not described in Section 76-6-409.3; and
2557 (iii) telephone service, only if the service is obtained by threat, force, or a form of
2558 deception not described in Section 76-6-409.6, 76-6-409.7, 76-6-409.8, or 76-6-409.9.
2559 (b) Terms defined in Section 76-1-101.5 apply to this section.
2560 (2) An actor commits theft [
2561 (a) the actor, by deception, threat, force, or another means designed to avoid due
2562 payment, obtains [
2563 compensation [
2564
2565 (b) the actor:
2566 (i) has control over the disposition of another person's service; and
2567 (ii) (A) diverts the other person's service to the benefit of the actor, knowing that the
2568 actor is not entitled to the service; or
2569 (B) diverts the other person's service to the benefit of a third person, knowing that the
2570 third person is not entitled to the service.
2571 (3) A violation of Subsection (2) is:
2572 (a) a second degree felony if the value of the service is or exceeds $5,000;
2573 (b) a third degree felony if:
2574 (i) the value of the service is or exceeds $1,500 but is less than $5,000;
2575 (ii) the value of the service is or exceeds $500 and the actor has been twice before
2576 convicted of any of the following offenses, if each prior offense was committed within 10 years
2577 before the date of the current conviction or the date of the offense upon which the current
2578 conviction is based and at least one of those convictions is for a class A misdemeanor:
2579 (A) any theft, any robbery, or any burglary with intent to commit theft;
2580 (B) any offense under Part 5, Fraud; or
2581 (C) any attempt to commit any offense under Subsection (3)(b)(ii)(A) or (B);
2582 (iii) (A) the value of the service is or exceeds $500 but is less than $1,500;
2583 (B) the theft occurs on a property where the offender has committed any theft within
2584 the past five years; and
2585 (C) the offender has received written notice from the merchant prohibiting the offender
2586 from entering the property pursuant to Subsection 78B-3-108(4); or
2587 (iv) the actor has been previously convicted of a felony violation of any of the offenses
2588 listed in Subsections (3)(b)(ii)(A) through (3)(b)(ii)(C), if the prior offense was committed
2589 within 10 years before the date of the current conviction or the date of the offense upon which
2590 the current conviction is based;
2591 (c) a class A misdemeanor if:
2592 (i) the value of the service stolen is or exceeds $500 but is less than $1,500;
2593 (ii) (A) the value of the service is less than $500;
2594 (B) the theft occurs on a property where the offender has committed any theft within
2595 the past five years; and
2596 (C) the offender has received written notice from the merchant prohibiting the offender
2597 from entering the property pursuant to Subsection 78B-3-108(4); or
2598 (iii) the actor has been twice before convicted of any of the offenses listed in
2599 Subsections (3)(b)(ii)(A) through (3)(b)(ii)(C), if each prior offense was committed within 10
2600 years before the date of the current conviction or the date of the offense upon which the current
2601 conviction is based; or
2602 (d) a class B misdemeanor if the value of the service is less than $500 and the theft is
2603 not an offense under Subsection (3)(c).
2604 [
2605
2606
2607 [
2608
2609
2610
2611
2612 [
2613
2614
2615 [
2616
2617
2618 Section 58. Section 76-6-409.1 is amended to read:
2619 76-6-409.1. Unlawful device for theft of service -- Seizure and destruction -- Civil
2620 actions for damages.
2621 [
2622 (1) Terms defined in Section 76-1-101.5 apply to this section.
2623 (2) An actor commits unlawful device for theft of service if the actor:
2624 (a) [
2625 device for the use of, or for the purpose of, committing or attempting to commit theft under
2626 Section 76-6-409 or 76-6-409.3; or
2627 (b) [
2628
2629 person:
2630 (i) an instrument, apparatus, equipment, or device[
2631 (ii) any information, plan, or instruction for obtaining, making, or assembling [
2632
2633 apparatus, equipment, or device be used, or caused to be used, to commit or attempt to commit
2634 theft under Section 76-6-409 or 76-6-409.3.
2635 [
2636
2637
2638 [
2639
2640
2641 (3) (a) [
2642 [
2643 (b) Any instrument, apparatus, equipment, device, information, plan, or instruction
2644 referred to in Subsection (2) may be seized pursuant to a court order, lawful search and seizure,
2645 lawful arrest, or other lawful process.
2646 (c) Upon the conviction of an actor for a violation of this section, the sheriff of the
2647 county in which the actor was convicted shall destroy as contraband any instrument, apparatus,
2648 equipment, device, information, plan, or instruction.
2649 (4) [
2650 affect any person's right of civil action for redress for damages suffered as a result of [
2651 violation of this section.
2652 Section 59. Section 76-6-409.3 is amended to read:
2653 76-6-409.3. Theft of utility or cable television services -- Restitution -- Civil action
2654 for damages.
2655 (1) (a) As used in this section:
2656 [
2657 provided for payment by a cable television company over [
2658 system facilities [
2659 (ii) "Occupant" includes a person, including the owner, who occupies the whole or part
2660 of a building, whether alone or with others.
2661 [
2662 common, joint tenant, or tenant by the entirety of the whole or a part of [
2663 property on which [
2664 [
2665 association, or other legal entity.
2666 [
2667 occupies the whole or part of any building, whether alone or with others.
2668 [
2669 utility, or cooperative utility [
2670 combination of [
2671 (b) Terms defined in Section 76-1-101.5 apply to this section.
2672 (2) [
2673 if [
2674 the utility or cable television company, the actor makes gas, electricity, water, sewer, or cable
2675 television available to a tenant or occupant, including [
2676
2677
2678 actor, by committing any of the following acts:
2679 (a) connecting [
2680 device, or other instrument used for conducting gas, electricity, water, sewer, or cable
2681 television in a manner as permits the use of the gas, electricity, water, sewer, or cable television
2682 without [
2683 other instrument recording the usage for billing;
2684 (b) altering, injuring, or preventing the normal action of a meter, valve, stopcock, or
2685 other instrument used for measuring quantities of gas, electricity, water, or sewer service, or
2686 making or maintaining any modification or alteration to any device installed with the
2687 authorization of a cable television company for the purpose of intercepting or receiving any
2688 program or other service carried by the company [
2689 authorized by the company to receive;
2690 (c) reconnecting a gas, electricity, water, sewer, or cable television [
2691 connection or otherwise restoring service when one or more of those utilities or cable service
2692 [
2693 service;
2694 (d) intentionally breaking, defacing, or causing to be broken or defaced [
2695 locking device, or other part of a metering device for recording usage of gas, electricity, water,
2696 or sewer service, or a security system for the recording device, or a cable television control
2697 device;
2698 (e) removing a metering device designed to measure quantities of gas, electricity,
2699 water, or sewer service;
2700 (f) transferring from one location to another location a metering device for measuring
2701 quantities of public utility services of gas, electricity, water, or sewer service;
2702 (g) changing the indicated consumption, jamming the measuring device, bypassing the
2703 meter or measuring device with a jumper so that it does not indicate use or registers use
2704 incorrectly, or otherwise obtaining quantities of gas, electricity, water, or sewer service from
2705 the utility without [
2706 device for measuring quantities of consumption for billing purposes;
2707 (h) using a metering device belonging to the utility that has not been assigned to the
2708 location and installed by the utility;
2709 (i) fabricating or using a device to pick or otherwise tamper with the locks used to deter
2710 utility service diversion, meter tampering, meter thefts, and unauthorized cable television
2711 service;
2712 (j) assisting or instructing [
2713 television service without payment of all lawful compensation to the company providing the
2714 service;
2715 (k) making or maintaining a connection or connections, whether physical, electrical,
2716 mechanical, acoustical, or by other means, with [
2717
2718 services without authority from the cable television company; or
2719 (l) possessing without authority any device or printed circuit board designed in whole
2720 or in part to receive any cable television programming or [
2721 over a cable television system, unless the device or printed circuit board includes the use of a
2722 satellite dish or antenna, with the intent that the device or printed circuit be used for the
2723 reception of the cable television company's services without payment. [
2724
2725
2726 (3) (a) A violation of Subsection (2), if the violation is a theft of a utility service, is:
2727 (i) a second degree felony if:
2728 (A) the value of the gas, electricity, water, or sewer service is or exceeds $5,000; or
2729 (B) if the actor previously has been convicted of a violation of this section;
2730 (ii) a third degree felony if the value of the gas, electricity, water, or sewer service is or
2731 exceeds $1,500 but is not more than $5,000;
2732 (iii) a class A misdemeanor if the value of the gas, electricity, water, or sewer service is
2733 or exceeds $500 but is not more than $1,500; or
2734 (iv) a class B misdemeanor if the value of the gas, electricity, water, or sewer service is
2735 less than $500.
2736 (b) A violation of Subsection (2), if the violation is a theft of a cable television service,
2737 is:
2738 (i) a second degree felony if the value of the service is or exceeds $5,000;
2739 (ii) a third degree felony if:
2740 (A) the value of the service is or exceeds $1,500 but is less than $5,000;
2741 (B) the value of the service is or exceeds $500 and the actor has been twice before
2742 convicted of any of the following offenses, if each prior offense was committed within 10 years
2743 before the date of the current conviction or the date of the offense upon which the current
2744 conviction is based and at least one of those convictions is for a class A misdemeanor:
2745 (I) any theft, any robbery, or any burglary with intent to commit theft;
2746 (II) any offense under Part 5, Fraud; or
2747 (III) any attempt to commit any offense under Subsection (3)(b)(ii)(B)(I) or (II); or
2748 (C) the actor has been previously convicted of a felony violation of any of the offenses
2749 listed in Subsections (3)(b)(ii)(B)(I) through (3)(b)(ii)(B)(III), if the prior offense was
2750 committed within 10 years before the date of the current conviction or the date of the offense
2751 upon which the current conviction is based;
2752 (iii) a class A misdemeanor if:
2753 (A) the value of the service stolen is or exceeds $500 but is less than $1,500; or
2754 (B) the actor has been twice before convicted of any of the offenses listed in
2755 Subsections (3)(b)(ii)(B)(I) through (3)(b)(ii)(B)(III), if each prior offense was committed
2756 within 10 years before the date of the current conviction or the date of the offense upon which
2757 the current conviction is based; or
2758 (iv) a class B misdemeanor if the value of the service is less than $500 and the theft is
2759 not an offense under Subsection (3)(b)(iii).
2760 (c) (i) An actor who violates this section shall make restitution to the utility or cable
2761 television company for the value of the gas, electricity, water, sewer, or cable television service
2762 consumed in violation of this section plus all reasonable expenses and costs incurred on
2763 account of the violation of this section.
2764 (ii) Reasonable expenses and costs include expenses and costs for investigation,
2765 disconnection, reconnection, service calls, employee time, and equipment use.
2766 [
2767 actor of a device or alteration [
2768 service to avoid the registration of the use by or on a meter installed by the utility or to
2769 otherwise avoid the recording of use of the service for payment or otherwise avoid payment
2770 gives rise to an inference that the [
2771 device or caused the alteration if:
2772 [
2773 in furtherance of an intent to avoid payment for utility or cable television service; and
2774 [
2775 the cost of the utility or cable television service.
2776 [
2777
2778 [
2779
2780 [
2781 [
2782
2783 [
2784
2785 [
2786
2787 [
2788
2789 [
2790
2791
2792
2793
2794
2795 (b) An actor who aids or abets in a prohibited act is a party to the offense under Section
2796 76-2-202.
2797 [
2798 or cable television company to bring a civil action for redress for damages suffered as a result
2799 of the commission of any of the acts prohibited by this section.
2800 [
2801 otherwise available to a utility or cable television company.
2802 Section 60. Section 76-6-409.5 is amended to read:
2803 76-6-409.5. Definitions.
2804 As used in this section and Sections 76-6-409.6 [
2805 76-6-409.9, and 76-6-409.10:
2806 (1) "Access device" means any telecommunication device including the telephone
2807 calling card number, electronic serial number, account number, mobile identification number,
2808 or personal identification number that can be used to obtain telephone service.
2809 (2) "Clone cellular telephone" or "counterfeit cellular telephone" means a cellular
2810 telephone whose electronic serial number has been altered from the electronic serial number
2811 that was programmed in the telephone by the manufacturer by someone other than the
2812 manufacturer.
2813 (3) "Cloning paraphernalia" means materials that, when possessed in combination, are
2814 capable of the creation of a cloned cellular telephone. These materials include scanners to
2815 intercept the electronic serial number and mobile identification number, cellular telephones,
2816 cables, EPROM chips, EPROM burners, software for programming the cloned telephone with
2817 a false electronic serial number and mobile identification number combination, a computer
2818 containing such software, and lists of electronic serial number and mobile identification
2819 number combinations.
2820 (4) "Electronic serial number" means the unique number that:
2821 (a) was programmed into a cellular telephone by its manufacturer;
2822 (b) is transmitted by the cellular telephone; and
2823 (c) is used by cellular telephone providers to validate radio transmissions to the system
2824 as having been made by an authorized device.
2825 (5) "EPROM" or "Erasable programmable read-only memory" means an integrated
2826 circuit memory that can be programmed from an external source and erased, for
2827 reprogramming, by exposure to ultraviolet light.
2828 (6) "Intercept" means to electronically capture, record, reveal, or otherwise access, the
2829 signals emitted or received during the operation of a cellular telephone without the consent of
2830 the sender or receiver, by means of any instrument, device or equipment.
2831 (7) "Manufacture of an unlawful telecommunication device" means to produce or
2832 assemble an unlawful telecommunication device, or to modify, alter, program, or reprogram a
2833 telecommunication device to be capable of acquiring or facilitating the acquisition of
2834 telecommunication service without the consent of the telecommunication service provider.
2835 (8) "Mobile identification number" means the cellular telephone number assigned to
2836 the cellular telephone by the cellular telephone carrier.
2837 (9) "Possess" means to have physical possession or otherwise to exercise control over
2838 tangible property.
2839 (10) "Sell" means to offer to, agree to offer to, or to sell, exchange, give, or dispose of
2840 an unlawful telecommunications device to another.
2841 (11) "Telecommunication device" means:
2842 (a) any type of instrument, device, machine, or equipment which is capable of
2843 transmitting or receiving telephonic, electronic, or radio communications; or
2844 (b) any part of an instrument, device, machine, or equipment, or other computer circuit,
2845 computer chip, electronic mechanism, or other component, which is capable of facilitating the
2846 transmission or reception of telephonic or electronic communications within the radio spectrum
2847 allocated to cellular radio telephony.
2848 (12) "Telecommunication service" includes any service provided for a charge or
2849 compensation to facilitate the origination, transmission, emission, or reception of signs,
2850 signals, writings, images, and sounds or intelligence of any nature by telephone, including
2851 cellular telephones, wire, radio, television optical or other electromagnetic system.
2852 (13) "Telecommunication service provider" means any person or entity providing
2853 telecommunication service including a cellular telephone or paging company or other person or
2854 entity which, for a fee, supplies the facility, cell site, mobile telephone switching office, or
2855 other equipment or telecommunication service.
2856 (14) "Unlawful telecommunication device" means any telecommunication device that
2857 is capable of, or has been altered, modified, programmed, or reprogrammed, alone or in
2858 conjunction with another access device, so as to be capable of, acquiring or facilitating the
2859 acquisition of a telecommunication service without the consent of the telecommunication
2860 service provider. Unlawful devices include tumbler phones, counterfeit phones, tumbler
2861 microchips, counterfeit microchips, and other instruments capable of disguising their identity
2862 or location or of gaining access to a communications system operated by a telecommunication
2863 service provider.
2864 Section 61. Section 76-6-409.6 is amended to read:
2865 76-6-409.6. Use of telecommunication device to avoid lawful charge for service.
2866 (1) [
2867 to this section.
2868 (2) An actor commits use of a telecommunication device to avoid lawful charge for
2869 service if the actor uses a telecommunication device:
2870 (a) with the intent to avoid the payment of [
2871 service; or
2872 (b) with the knowledge that [
2873 the payment of [
2874 (3) (a) A violation of Subsection (2) is:
2875 [
2876 than $300 or cannot be ascertained;
2877 [
2878 is or exceeds $300 but is not more than $1,000;
2879 [
2880 exceeds $1,000 but is not more than $5,000; or
2881 [
2882 [
2883 [
2884 felony[
2885 (C) the actor previously has been convicted of a violation of this section.
2886 (b) An actor who violates this section is subject to the restitution and civil action
2887 provisions described in Section 76-6-409.10.
2888 [
2889
2890 Section 62. Section 76-6-409.7 is amended to read:
2891 76-6-409.7. Possession of unlawful telecommunication device.
2892 (1) [
2893 this section.
2894 (2) An actor commits possession of unlawful telecommunication device if the actor
2895 knowingly possesses an unlawful telecommunication device [
2896
2897 [
2898 violation of Subsection (2) is a class B misdemeanor.
2899 (b) Except as provided in Subsection (3)(c), a violation of Subsection (2) is a third
2900 degree felony if the actor knowingly possesses five or more unlawful telecommunication
2901 devices in the same criminal episode [
2902 [
2903 felony [
2904 [
2905 electronic serial number and mobile identification number combinations under circumstances
2906 evidencing an intent to clone; or
2907 [
2908 circumstances evidencing an intent to clone.
2909 (d) An actor who violates this section is subject to the restitution and civil action
2910 provisions described in Section 76-6-409.10.
2911 Section 63. Section 76-6-409.8 is amended to read:
2912 76-6-409.8. Sale of an unlawful telecommunication device.
2913 (1) [
2914 76-1-101.5 and 76-6-409.5 apply to this section.
2915 (2) An actor commits sale of unlawful telecommunication device if the actor
2916 intentionally sells an unlawful telecommunication device or material, including hardware, data,
2917 computer software, or other information or equipment, knowing that the purchaser or a third
2918 person intends to use such material in the manufacture of an unlawful telecommunication
2919 device.
2920 (3) (a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a third
2921 degree felony.
2922 [
2923 [
2924 devices within a six-month period[
2925
2926 (c) An actor who violates this section is subject to the restitution and civil action
2927 provisions described in Section 76-6-409.10.
2928 Section 64. Section 76-6-409.9 is amended to read:
2929 76-6-409.9. Manufacture of an unlawful telecommunication device.
2930 (1) [
2931 this section.
2932 (2) An actor commits manufacture of unlawful telecommunication device if the actor
2933 intentionally manufactures an unlawful telecommunication device [
2934
2935 [
2936 a violation of Subsection (2) is third degree felony.
2937 (b) A violation of Subsection (2) is a second degree felony if the offense involves the
2938 intentional manufacture of five or more unlawful telecommunication devices within a
2939 six-month period[
2940 (c) An actor who violates this section is subject to the restitution and civil action
2941 provisions described in Section 76-6-409.10.
2942 Section 65. Section 76-6-409.10 is amended to read:
2943 76-6-409.10. Payment of restitution -- Civil action -- Other remedies retained.
2944 (1) [
2945 section.
2946 (2) (a) (i) An actor who violates [
2947 76-6-409.7, 76-6-409.8, or 76-6-409.9 shall make restitution to the telecommunication service
2948 provider for the value of the telecommunication service consumed in [
2949 the violation plus all reasonable expenses and costs incurred on account of the violation [
2950
2951 (ii) Reasonable expenses and costs include expenses and costs for investigation,
2952 service calls, employee time, and equipment use.
2953 [
2954 76-6-409.7, 76-6-409.8, or 76-6-409.9 does not affect the right of a telecommunication service
2955 provider to bring a civil action for redress for damages suffered as a result of the commission
2956 of any of the acts prohibited by [
2957 76-6-409.9.
2958 (3) This section does not abridge or alter any other right, action, or remedy otherwise
2959 available to a telecommunication service provider.
2960 Section 66. Section 76-6-410 is amended to read:
2961 76-6-410. Theft by custodian of property pursuant to repair or rental agreement.
2962 [
2963 (1) [
2964 (2) An actor commits theft by custodian of property pursuant to repair or rental
2965 agreement if:
2966 (a) (i) the actor has custody of property pursuant to an agreement between [
2967 actor or another person and the property's owner [
2968 (ii) the actor or another person is to perform for compensation a specific service for the
2969 property's owner involving the maintenance, repair, or use of [
2970 and
2971 (iii) the actor intentionally uses or operates [
2972 consent of the owner, for [
2973 deviation from the agreed purpose; or
2974 [
2975 agreement [
2976 specified time[
2977 (ii) the actor intentionally fails to comply with the terms of the agreement concerning
2978 return so as to render such failure a gross deviation from the agreement.
2979 (3) A violation of Subsection (2) is:
2980 (a) a second degree felony if the:
2981 (i) value of the property is or exceeds $5,000; or
2982 (ii) property stolen is a firearm or an operable motor vehicle;
2983 (b) a third degree felony if:
2984 (i) the value of the property is or exceeds $1,500 but is less than $5,000;
2985 (ii) the property is a catalytic converter as defined under Section 76-6-1402;
2986 (iii) the value of the property is or exceeds $500 and the actor has been twice before
2987 convicted of any of the following offenses, if each prior offense was committed within 10 years
2988 before the date of the current conviction or the date of the offense upon which the current
2989 conviction is based and at least one of those convictions is for a class A misdemeanor:
2990 (A) any theft, any robbery, or any burglary with intent to commit theft;
2991 (B) any offense under Part 5, Fraud; or
2992 (C) any attempt to commit any offense under Subsection (3)(b)(iii)(A) or (B); or
2993 (iv) the actor has been previously convicted of a felony violation of any of the offenses
2994 listed in Subsections (3)(b)(iii)(A) through (3)(b)(iii)(C), if the prior offense was committed
2995 within 10 years before the date of the current conviction or the date of the offense upon which
2996 the current conviction is based;
2997 (c) a class A misdemeanor if:
2998 (i) the value of the property stolen is or exceeds $500 but is less than $1,500; or
2999 (ii) the actor has been twice before convicted of any of the offenses listed in
3000 Subsections (3)(b)(iii)(A) through (3)(b)(iii)(C), if each prior offense was committed within 10
3001 years before the date of the current conviction or the date of the offense upon which the current
3002 conviction is based; or
3003 (d) a class B misdemeanor if the value of the property stolen is less than $500 and the
3004 theft is not an offense under Subsection (3)(c).
3005 Section 67. Section 76-6-410.5 is amended to read:
3006 76-6-410.5. Theft of a rental vehicle.
3007 (1) (a) As used in this section:
3008 [
3009 use and operation on the highways.
3010 [
3011 conditions governing the use of a motor vehicle provided by a rental company.
3012 [
3013 providing motor vehicles to the public.
3014 [
3015 vehicle from a rental company under the terms of a rental agreement.
3016 (b) Terms defined in Section 76-1-101.5 apply to this section.
3017 (2) [
3018 (a) is a renter; and
3019 (b) without notice to and permission of the rental company, [
3020 without good cause to return the vehicle within 72 hours after the time established for the
3021 return in the rental agreement.
3022 (3) A violation of Subsection (2) is a second degree felony.
3023 [
3024 company shall include the following information, legibly written, as part of the terms of the
3025 rental agreement:
3026 (a) the date and time the motor vehicle is required to be returned; and
3027 (b) the maximum penalties under state law if the motor vehicle is not returned within
3028 72 hours from the date and time stated in compliance with Subsection [
3029 Section 68. Section 76-6-412.1 is enacted to read:
3030 76-6-412.1. Civil remedy for animal theft.
3031 In addition to a criminal penalty under this chapter, an actor who commits theft of a
3032 stallion, mare, colt, gelding, cow, heifer, steer, ox, bull, calf, sheep, goat, mule, jack, jenny,
3033 swine, poultry, a fur-bearing animal raised for commercial purposes, or a livestock guardian
3034 dog, is civilly liable for three times the amount of actual damages, if any sustained by the
3035 plaintiff, and for costs of suit and reasonable attorney fees.
3036 Section 69. Section 76-6-413 is amended to read:
3037 76-6-413. Release of a fur-bearing animal -- Finding.
3038 (1) [
3039 Terms defined in Section 76-1-101.5 apply to this section.
3040 (2) An actor commits release of a fur-bearing animal if the actor intentionally and
3041 without permission of the owner releases [
3042 purposes [
3043 (3) (a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a third
3044 degree felony.
3045 (b) A violation of Subsection (2) is a second degree felony if the value of the property
3046 is or exceeds $5,000.
3047 [
3048 for commercial purposes subjects the [
3049 deprivation of food and shelter and compromises [
3050 permanently depriving the owner of substantial value.
3051 (5) An actor who violates Subsection (2) is civilly liable for three times the amount of
3052 actual damages, if any sustained by the plaintiff, and for costs of suit and reasonable attorney
3053 fees.
3054 Section 70. Section 76-6-501 is amended to read:
3055 76-6-501. Definitions -- Forgery.
3056 (1) (a) As used in this [
3057 [
3058 symbol, code, image, sequence of numbers or letters, or other feature that either individually or
3059 in combination with another feature is used by the issuing authority on an identification
3060 document, document-making implement, or means of identification to determine if the
3061 document is counterfeit, altered, or otherwise falsified.
3062 [
3063 computer file, computer disc, electronic device, computer hardware or software, or scanning,
3064 printing, or laminating equipment that is specifically configured or primarily used for making
3065 an identification document, a false identification document, or another document-making
3066 implement.
3067 [
3068 [
3069 has been tampered with or altered for purposes of deceit;
3070 [
3071 the authorization of the issuing authority and not in connection with a lawfully made
3072 identification document, document-making implement, or means of identification to which the
3073 authentication feature is intended to be affixed or embedded by the issuing authority; or
3074 [
3075 [
3076 commonly accepted for the purposes of identification of individuals, and that:
3077 [
3078 under the authority of a governmental entity but was subsequently altered for purposes of
3079 deceit; and
3080 [
3081 [
3082 subdivision of a state, a foreign government, a political subdivision of a foreign government, an
3083 international governmental organization, or a quasi-governmental organization.
3084 [
3085 authority of a governmental entity, which, when completed with information concerning a
3086 particular individual, is of a type intended or commonly accepted for the purpose of
3087 identification of individuals.
3088 [
3089 [
3090 means of identification, or authentication features; or
3091 [
3092 financial transaction card as defined in Section 76-6-506.
3093 [
3094 alone or in conjunction with any other information, to identify a specific individual, including:
3095 [
3096 or identification number, alien registration number, government passport number, or employer
3097 or taxpayer identification number;
3098 [
3099 other unique physical representation; or
3100 [
3101 [
3102 governmental entity solely for the purpose of identification of an individual.
3103 [
3104 [
3105 Commonwealth of Puerto Rico, and any other commonwealth, possession, or territory of the
3106 United States.
3107 [
3108 [
3109 for anything of value; or
3110 [
3111 dispose of an item to another.
3112 [
3113 method of recording valuable information including forms such as:
3114 [
3115 any other symbols of value, right, privilege, or identification;
3116 [
3117 government or any agency; or
3118 [
3119 representing an interest in or claim against property, or a pecuniary interest in or claim against
3120 any person or enterprise.
3121 (b) Terms defined in Section 76-1-101.5 apply to this section.
3122 (2) [
3123 anyone, or with knowledge that the [
3124 anyone, the [
3125 (a) alters any writing of another person without [
3126 altered writing; or
3127 (b) makes, completes, executes, authenticates, issues, transfers, publishes, or utters any
3128 writing so that the writing or the making, completion, execution, authentication, issuance,
3129 transference, publication, or utterance:
3130 (i) purports to be the act of another person, whether the person is existent or
3131 nonexistent;
3132 (ii) purports to be an act on behalf of another party with the authority of that other
3133 party; or
3134 (iii) purports to have been executed at a time or place or in a numbered sequence other
3135 than was in fact the case, or to be a copy of an original when an original did not exist.
3136 (3) A violation of Subsection (2) is a third degree felony.
3137 [
3138 signs his own name to the writing if the actor does not have authority to make, complete,
3139 execute, authenticate, issue, transfer, publish, or utter the writing on behalf of the party for
3140 whom the actor purports to act.
3141 [
3142
3143 [
3144
3145
3146 [
3147
3148
3149 [
3150
3151
3152
3153 [
3154
3155 [
3156 [
3157 [
3158 [
3159 on any law enforcement officer acting within the scope of a criminal investigation.
3160 [
3161 disposition of the property and any related judicial or administrative proceeding, shall be
3162 conducted in accordance with Title 24, Forfeiture and Disposition of Property Act.
3163 [
3164 convicted of a violation of this section, the forfeiture and destruction or other disposition of all
3165 illicit authentication features, identification documents, false transaction cards,
3166 document-making implements, or means of identification.
3167 Section 71. Section 76-6-501.5 is enacted to read:
3168 76-6-501.5. Producing or transferring false identification.
3169 (1) Terms defined in Sections 76-1-101.5 and 76-6-501 apply to this section.
3170 (2) An actor commits producing or transferring a false identification document if the
3171 actor:
3172 (a) knowingly and without lawful authority produces, attempts, or conspires to produce
3173 an identification document, authentication feature, or a false identification document that is or
3174 appears to be issued by or under the authority of an issuing authority;
3175 (b) transfers, or possesses with intent to transfer, an identification document,
3176 authentication feature, or a false identification document knowing that the document or feature
3177 was stolen or produced without lawful authority;
3178 (c) produces, transfers, or possesses a document-making implement or authentication
3179 feature with the intent that the document-making implement or the authentication feature be
3180 used in the production of a false identification document or another document-making
3181 implement or authentication feature; or
3182 (d) traffics in false or actual authentication features for use in false identification
3183 documents, document-making implements, or means of identification.
3184 (3) A violation of Subsection (2) is a second degree felony.
3185 (4) This section may not be construed to impose criminal or civil liability on any law
3186 enforcement officer acting within the scope of a criminal investigation.
3187 (5) The forfeiture of property under this section, including any seizure and disposition
3188 of the property and any related judicial or administrative proceeding, shall be conducted in
3189 accordance with Title 24, Forfeiture and Disposition of Property Act.
3190 (6) The court shall order, in addition to the penalty prescribed for a person convicted of
3191 a violation of this section, the forfeiture and destruction or other disposition of all illicit
3192 authentication features, identification documents, false transaction cards, document-making
3193 implements, or means of identification.
3194 Section 72. Section 76-6-502 is amended to read:
3195 76-6-502. Possession of forged writing or device for a forgery writing.
3196 (1) (a) As used in this section[
3197 (i) "Device" means any equipment, mechanism, material, or program.
3198 (ii) "Writing" means the same as that term is defined in Section 76-6-501.
3199 (b) Terms defined in Section 76-1-101.5 apply to this section.
3200 (2) An [
3201
3202 who with intent to defraud knowingly possesses a device for making a writing[
3203
3204 76-6-501 or 76-6-501.5, commits possession of a forged writing or device for making a forgery
3205 writing.
3206 (3) A violation of Subsection (2) is a third degree felony.
3207 (4) This section may not be construed to impose criminal or civil liability on any law
3208 enforcement officer acting within the scope of a criminal investigation.
3209 (5) The forfeiture of property under this section, including any seizure and disposition
3210 of the property and any related judicial or administrative proceeding, shall be conducted in
3211 accordance with Title 24, Forfeiture and Disposition of Property Act.
3212 Section 73. Section 76-6-503.5 is amended to read:
3213 76-6-503.5. Wrongful liens.
3214 (1) (a) [
3215 [
3216 [
3217 [
3218 [
3219 encumbrance on an owner's interest in real or personal property or a claim on another's assets.
3220 (b) Terms defined in Section 76-1-101.5 apply to this section.
3221 (2) [
3222 the actor knowingly makes, utters, records, or files a lien:
3223 (a) having no objectively reasonable basis to believe [
3224 and lawful property interest in the property or a claim on the assets; or
3225 (b) if the [
3226 pursuant to Title 38, Chapter 9a, Wrongful Lien Injunctions.
3227 (3) (a) [
3228 of Subsection (2) is a third degree felony [
3229 (b) If an actor has been previously convicted of an offense under this section[
3230
3231 felony.
3232 [
3233
3234
3235
3236 [
3237
3238
3239 [
3240 76-8-414 or for any offense greater than an offense under this section.
3241 (5) This section may not be construed to impose criminal or civil liability on any law
3242 enforcement officer acting within the scope of a criminal investigation.
3243 (6) The forfeiture of property under this section, including any seizure and disposition
3244 of the property and any related judicial or administrative proceeding, shall be conducted in
3245 accordance with Title 24, Forfeiture and Disposition of Property Act.
3246 Section 74. Section 76-6-503.6 is enacted to read:
3247 76-6-503.6. Fraudulent handling of recordable writings.
3248 (1) Terms defined in Sections 76-1-101.5 and 76-6-503.5 apply to this section.
3249 (2) An actor commits fraudulent handling of recordable writings if the actor:
3250 (a) has intent to deceive or injure; and
3251 (b) falsifies, destroys, removes, records, or conceals any will, deed, mortgage, security
3252 instrument, lien, or other writing for which the law provides public recording.
3253 (3) (a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a third
3254 degree felony.
3255 (b) If an actor has been previously convicted of an offense under this section or Section
3256 76-6-503.5, a violation of Subsection (2) is a second degree felony.
3257 (4) This section does not prohibit prosecution for any act in violation of Section
3258 76-8-414 or for any offense greater than an offense under this section.
3259 (5) This section may not be construed to impose criminal or civil liability on any law
3260 enforcement officer acting within the scope of a criminal investigation.
3261 (6) The forfeiture of property under this section, including any seizure and disposition
3262 of the property and any related judicial or administrative proceeding, shall be conducted in
3263 accordance with Title 24, Forfeiture and Disposition of Property Act.
3264 Section 75. Section 76-6-503.7 is amended to read:
3265 76-6-503.7. Records filed with intent to harass or defraud.
3266 [
3267
3268 [
3269
3270 (1) (a) As used in this section, "filing office" means the same as that term is defined in
3271 Section 70A-9a-513.5.
3272 (b) Terms defined in Section 76-1-101.5 apply to this section.
3273 (2) An actor commits filing a record with intent to harass or defraud if:
3274 (a) the actor causes a record to be communicated to the filing office for filing;
3275 (b) the actor is not authorized to file the record under Section 70A-9a-509,
3276 70A-9a-708, or 70A-9a-807;
3277 [
3278 be governed by Title 70A, Chapter 9a, Uniform Commercial Code - Secured Transactions; and
3279 [
3280 (i) harass the person identified as the debtor in the record; or
3281 (ii) defraud the person identified as the debtor in the record.
3282 [
3283 and [
3284 misdemeanor for a second or subsequent offense.
3285 (b) [
3286 [
3287 (4) This section may not be construed to impose criminal or civil liability on any law
3288 enforcement officer acting within the scope of a criminal investigation.
3289 (5) The forfeiture of property under this section, including any seizure and disposition
3290 of the property and any related judicial or administrative proceeding, shall be conducted in
3291 accordance with Title 24, Forfeiture and Disposition of Property Act.
3292 Section 76. Section 76-6-504 is amended to read:
3293 76-6-504. Tampering with records.
3294 (1) (a) [
3295 term is defined in Section 76-6-501.
3296 (b) Terms defined in Section 76-1-101.5 apply to this section.
3297 (2) An actor commits tampering with records if the actor:
3298 (a) having no privilege to do so, knowingly falsifies, destroys, removes, or conceals
3299 any writing, other than the writings enumerated in Section 76-6-503.5 for which the law
3300 provides public recording or any record, public or private[
3301 (b) executes an action described in Subsection (1)(a) with intent to:
3302 (i) deceive or injure any person; or [
3303 (ii) conceal any wrongdoing [
3304 [
3305 misdemeanor.
3306 (4) This section may not be construed to impose criminal or civil liability on any law
3307 enforcement officer acting within the scope of a criminal investigation.
3308 (5) The forfeiture of property under this section, including any seizure and disposition
3309 of the property and any related judicial or administrative proceeding, shall be conducted in
3310 accordance with Title 24, Forfeiture and Disposition of Property Act.
3311 Section 77. Section 76-6-505 is amended to read:
3312 76-6-505. Issuing a bad check or draft -- Presumption.
3313 [
3314 (1) Terms defined in Section 76-1-101.5 apply to this section.
3315 (2) (a) (i) An actor commits issuing a bad check or draft if:
3316 (A) the actor issues or passes a check or draft for the payment of money, for the
3317 purpose of obtaining from any person, firm, partnership, or corporation, any money, property,
3318 or other thing of value or paying for any services, wages, salary, labor, or rent[
3319 (B) the actor knows the check or draft will not be paid by the drawee; and
3320 (C) payment is refused by the drawee[
3321 [
3322 check or draft for which payment is refused by the drawee is presumed to know the check or
3323 draft would not be paid if [
3324 [
3325 (i) the actor issues or passes a check or draft for:
3326 (A) the payment of money, for the purpose of obtaining from any person, firm,
3327 partnership, or corporation, any money, property, or other thing of value; or
3328 (B) paying for any services, wages, salary, labor, or rent[
3329 (ii) payment of [
3330
3331 (iii) the actor fails to make good and actual payment to the payee in the amount of the
3332 refused check or draft within 14 days of [
3333 draft's nonpayment.
3334 (3) [
3335 (2)(a) or (b) is punished as follows:
3336 (a) [
3337 within a period not exceeding six months amounts to a sum that is less than $500, the offense
3338 is a class B misdemeanor[
3339 (b) [
3340 period not exceeding six months amounts to a sum that is or exceeds $500 but is less than
3341 $1,500, the offense is a class A misdemeanor[
3342 (c) [
3343 period not exceeding six months amounts to a sum that is or exceeds $1,500 but is less than
3344 $5,000, the offense is a third degree felony [
3345 (d) [
3346 period not exceeding six months amounts to a sum that is or exceeds $5,000, the offense is a
3347 second degree felony.
3348 (4) This section may not be construed to impose criminal or civil liability on any law
3349 enforcement officer acting within the scope of a criminal investigation.
3350 (5) The forfeiture of property under this section, including any seizure and disposition
3351 of the property and any related judicial or administrative proceeding, shall be conducted in
3352 accordance with Title 24, Forfeiture and Disposition of Property Act.
3353 Section 78. Section 76-6-506 is amended to read:
3354 76-6-506. Financial transaction card offenses -- Definitions.
3355 As used in [
3356 76-6-506.9:
3357 (1) "Authorized credit card merchant" means a person who is authorized by an issuer to
3358 furnish money, goods, services, or anything else of value upon presentation of a financial
3359 transaction card by a card holder and to present valid credit card sales drafts to the issuer for
3360 payment.
3361 (2) "Automated banking device" means any machine which, when properly activated
3362 by a financial transaction card or a personal identification code, may be used for any of the
3363 purposes for which a financial transaction card may be used.
3364 (3) "Card holder" means any person or organization named on the face of a financial
3365 transaction card to whom or for whose benefit a financial transaction card is issued.
3366 (4) "Credit card sales draft" means any sales slip, draft, or other written or electronic
3367 record of a sale of money, goods, services, or anything else of value made or purported to be
3368 made to or at the request of a card holder with a financial transaction card, financial transaction
3369 card credit number, or personal identification code, whether the record of the sale or purported
3370 sale is evidenced by a sales draft, voucher, or other similar document in writing or
3371 electronically recorded and transmitted.
3372 (5) "Financial transaction card" means:
3373 (a) any credit card, credit plate, bank services card, banking card, check guarantee card,
3374 debit card, telephone credit card, or any other card, issued by an issuer for the use of the card
3375 holder in obtaining money, goods, services, or anything else of value on credit, or in certifying
3376 or guaranteeing to a person or business the availability to the card holder of the funds on
3377 deposit that are equal to or greater than the amount necessary to honor a draft or check payable
3378 to the order of the person or business; or
3379 (b) any instrument or device used in providing the card holder access to a demand or
3380 time deposit account for the purpose of making deposits of money or checks in the account, or
3381 withdrawing funds from the account in the form of money, money orders, travelers' checks, or
3382 other form representing value, or transferring funds from any demand or time deposit account
3383 to any credit card account in full or partial satisfaction of any outstanding balance existing in
3384 the credit card account.
3385 (6) "Issuer" means a business organization or financial institution or its agent that
3386 issues a financial transaction card.
3387 (7) "Personal identification code" means any numerical or alphabetical code assigned
3388 to a card holder by the issuer to permit the authorized electronic use of the holder's financial
3389 transaction card.
3390 Section 79. Section 76-6-506.2 is amended to read:
3391 76-6-506.2. Unlawful use of financial transaction card.
3392 [
3393 (1) Terms defined in Sections 76-1-101.5 and 76-6-506 apply to this section.
3394 (2) An actor commits unlawful use of financial transaction card if the actor:
3395 (a) knowingly [
3396 stolen, or fraudulently obtained financial transaction card to obtain or attempt to obtain credit,
3397 goods, property, or services;
3398 [
3399 credit number, personal identification code, or any other information contained on the card or
3400 in the account from which the card is issued, to obtain or attempt to obtain credit, goods, or
3401 services;
3402 [
3403 willfully exceed an authorized credit line by $500 or more, or by 50% or more of the line of
3404 credit, whichever is greater; or
3405 [
3406
3407
3408 [
3409
3410 [
3411 be presented to the issuer or an authorized credit card merchant, for payment or collection, any
3412 credit card sales draft, if:
3413 [
3414 [
3415 [
3416 [
3417 drafts are not delivered or rendered to the card holder or person intended to receive them.
3418 (3) (a) A violation of Subsection (2) is:
3419 (i) a class B misdemeanor if the value of the property, money, or thing obtained or
3420 sought to be obtained is less than $500;
3421 (ii) a class A misdemeanor if the value of the property, money, or thing obtained or
3422 sought to be obtained is or exceeds $500 but is less than $1,500;
3423 (iii) a third degree felony if the value of the property, money, or thing obtained or
3424 attempted to be obtained is or exceeds $1,500 but is less than $5,000; or
3425 (iv) a second degree felony if the value of the property, money, or thing obtained or
3426 attempted to be obtained is or exceeds $5,000.
3427 (b) Multiple violations of Subsection (2)(a) may be aggregated into a single offense,
3428 and the degree of the offense is determined by the total value of all property, money, or things
3429 obtained or attempted to be obtained through the multiple violations.
3430 (4) The court shall make appropriate findings in any prosecution under this section that
3431 the card holder did not commit the crime.
3432 (5) This section may not be construed to impose criminal or civil liability on any law
3433 enforcement officer acting within the scope of a criminal investigation.
3434 (6) The forfeiture of property under this section, including any seizure and disposition
3435 of the property and any related judicial or administrative proceeding, shall be conducted in
3436 accordance with Title 24, Forfeiture and Disposition of Property Act.
3437 Section 80. Section 76-6-506.3 is amended to read:
3438 76-6-506.3. Unlawful acquisition, possession, or transfer of financial transaction
3439 card.
3440 [
3441
3442 (1) Terms defined in Sections 76-1-101.5 and 76-6-506 apply to this section.
3443 (2) An actor commits unlawful acquisition, possession, or transfer of a financial
3444 transaction card if the actor:
3445 (a) under circumstances that do not constitute a violation of Subsection (2)(b):
3446 [
3447 card holder or the issuer;
3448 [
3449 card in violation of Section 76-6-506.2;
3450 [
3451 the financial transaction card will be used in violation of Section 76-6-506.2;
3452 [
3453 lost, mislaid, stolen, or delivered under a mistake as to the identity or address of the card
3454 holder; and
3455 [
3456 violation of Section 76-6-506.2; or
3457 [
3458 that the financial transaction card will be used in violation of Section 76-6-506.2; or
3459 [
3460 financial transaction card, including the credit number of the card, the expiration date of the
3461 card, or the personal identification code related to the card:
3462 [
3463 [
3464 card holder or the issuer; and
3465 [
3466 [
3467 transfers any information necessary for the use of 100 or more financial transaction cards,
3468 including the credit number of a card, the expiration date of a card, or the personal
3469 identification code related to a card:
3470 [
3471 [
3472 Section 76-6-506.2.
3473 (3) (a) A violation of Subsection (2)(a) is a third degree felony.
3474 (b) A violation of Subsection (2)(b) is a second degree felony.
3475 (4) This section may not be construed to impose criminal or civil liability on any law
3476 enforcement officer acting within the scope of a criminal investigation.
3477 (5) The forfeiture of property under this section, including any seizure and disposition
3478 of the property and any related judicial or administrative proceeding, shall be conducted in
3479 accordance with Title 24, Forfeiture and Disposition of Property Act.
3480 Section 81. Section 76-6-506.6 is amended to read:
3481 76-6-506.6. Financial transaction card offenses -- Unauthorized factoring of
3482 credit card sales drafts.
3483 [
3484 (1) Terms defined in Sections 76-1-101.5 and 76-6-506 apply to this section.
3485 (2) An actor commits an unauthorized factoring of credit card sales draft if the actor
3486 acts:
3487 (a) knowingly, with intent to defraud[
3488 (b) without the express authorization of the issuer[
3489 (c) to employ, solicit, or otherwise cause an authorized credit card merchant, or for the
3490 authorized credit card merchant himself or herself, to present any credit card sales draft to the
3491 issuer:
3492 (i) for payment pertaining to any sale or purported sale of goods or services [
3493
3494 (ii) the sale or purported sale was not made by the authorized credit card merchant in
3495 the ordinary course of business.
3496 (3) (a) A violation of Subsection (2) is:
3497 (i) a class B misdemeanor if the value of the property, money, or thing obtained or
3498 sought to be obtained is less than $500;
3499 (ii) a class A misdemeanor if the value of the property, money, or thing obtained or
3500 sought to be obtained is or exceeds $500 but is less than $1,500;
3501 (iii) a third degree felony if the value of the property, money, or thing obtained or
3502 attempted to be obtained is or exceeds $1,500 but is less than $5,000; or
3503 (iv) a second degree felony if the value of the property, money, or thing obtained or
3504 attempted to be obtained is or exceeds $5,000.
3505 (b) Multiple violations of Subsection (2) may be aggregated into a single offense, and
3506 the degree of the offense is determined by the total value of all property, money, or things
3507 obtained or attempted to be obtained through the multiple violations.
3508 (4) The court shall make appropriate findings in any prosecution under this section that
3509 the card holder did not commit the crime.
3510 (5) This section may not be construed to impose criminal or civil liability on any law
3511 enforcement officer acting within the scope of a criminal investigation.
3512 (6) The forfeiture of property under this section, including any seizure and disposition
3513 of the property and any related judicial or administrative proceeding, shall be conducted in
3514 accordance with Title 24, Forfeiture and Disposition of Property Act.
3515 Section 82. Section 76-6-506.7 is amended to read:
3516 76-6-506.7. Obtaining encoded information on a financial transaction card with
3517 the intent to defraud the issuer, holder, or merchant.
3518 (1) (a) As used in this section:
3519 (i) "Card holder" means the same as that term is defined in Section 76-6-506.
3520 [
3521 services card, banking card, check guarantee card, debit card, telephone credit card, or any
3522 other card, issued by an issuer for the use of the card holder in:
3523 [
3524 [
3525 the funds on deposit that are equal to or greater than the amount necessary to honor a draft or
3526 check as the instrument for obtaining, purchasing, or receiving goods, services, money, or any
3527 other thing of value from the merchant.
3528 [
3529 establishment or any agent, employee, lessee, consignee, officer, director, franchisee, or
3530 independent contractor of the owner or operator.
3531 [
3532 [
3533 the card holder, a financial transaction card or information from a financial transaction card, or
3534 what the merchant believes to be a financial transaction card or information from a card; and
3535 [
3536 Subsection (1)(a)(ii)(B) as the instrument for obtaining, purchasing, or receiving goods,
3537 services, money, or any other thing of value from the merchant.
3538 [
3539 from the magnetic strip or stripe of a financial transaction card onto the magnetic strip or stripe
3540 of a different financial transaction card.
3541 [
3542 used to access, read, scan, obtain, memorize, or store, temporarily or permanently, information
3543 encoded on the magnetic strip or stripe of a financial transaction card.
3544 [
3545 (b) Terms defined in Sections 76-1-101.5 and 76-6-506 apply to this section.
3546 (2) An actor commits obtaining encoded information on a financial transaction card
3547 with the intent to defraud the issuer, holder, or merchant if the actor uses:
3548 [
3549 permanently, information encoded on the magnetic strip or stripe of a financial transaction
3550 card:
3551 (i) without the permission of the card holder; and
3552 (ii) with intent to defraud the card holder, the issuer, or a merchant; or
3553 [
3554 financial transaction card onto the magnetic strip or stripe of a different card:
3555 (i) without the permission of the authorized user of the card from which the
3556 information is being reencoded; and
3557 (ii) with the intent to defraud the card holder, the issuer, or a merchant.
3558 (3) (a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a third
3559 degree felony.
3560 (b) [
3561 Subsection [
3562 subsequent conviction for the offense.
3563 (4) This section may not be construed to impose criminal or civil liability on any law
3564 enforcement officer acting within the scope of a criminal investigation.
3565 (5) The forfeiture of property under this section, including any seizure and disposition
3566 of the property and any related judicial or administrative proceeding, shall be conducted in
3567 accordance with Title 24, Forfeiture and Disposition of Property Act.
3568 Section 83. Section 76-6-506.8 is enacted to read:
3569 76-6-506.8. False application for financial transaction card.
3570 (1) Terms defined in Sections 76-1-101.5 and 76-6-506 apply to this section.
3571 (2) An actor commits false application for a card if the actor:
3572 (a) knowingly, with the intent to defraud:
3573 (i) makes application for a financial transaction card to an issuer; and
3574 (ii) makes or causes to be made a false statement or report of the actor's name,
3575 occupation, financial condition, assets, or personal identifying information; or
3576 (b) willfully and substantially undervalues or understates any indebtedness for the
3577 purposes of influencing the issuer to issue the financial transaction card.
3578 (3) A violation of Subsection (2) is:
3579 (a) a class B misdemeanor if the value of the property, money, or thing obtained or
3580 sought to be obtained is less than $500;
3581 (b) a class A misdemeanor if the value of the property, money, or thing obtained or
3582 sought to be obtained is or exceeds $500 but is less than $1,500;
3583 (c) a third degree felony if the value of the property, money, or thing obtained or
3584 attempted to be obtained is or exceeds $1,500 but is less than $5,000; or
3585 (d) a second degree felony if the value of the property, money, or thing obtained or
3586 attempted to be obtained is or exceeds $5,000.
3587 (4) The court shall make appropriate findings in any prosecution under this section that
3588 the card holder did not commit the crime.
3589 (5) This section may not be construed to impose criminal or civil liability on any law
3590 enforcement officer acting within the scope of a criminal investigation.
3591 (6) The forfeiture of property under this section, including any seizure and disposition
3592 of the property and any related judicial or administrative proceeding, shall be conducted in
3593 accordance with Title 24, Forfeiture and Disposition of Property Act.
3594 Section 84. Section 76-6-506.9 is enacted to read:
3595 76-6-506.9. Use of fraudulent financial transaction card.
3596 (1) Terms defined in Sections 76-1-101.5 and 76-6-506 apply to this section.
3597 (2) An actor commits fraudulent use of a financial transaction card if the actor
3598 knowingly uses a false, fictitious, altered, or counterfeit financial transaction card to obtain or
3599 attempt to obtain credit, goods, property, or services.
3600 (3) (a) A violation of Subsection (2) is:
3601 (i) a class B misdemeanor if the value of the property, money, or thing obtained or
3602 sought to be obtained is less than $500;
3603 (ii) a class A misdemeanor if the value of the property, money, or thing obtained or
3604 sought to be obtained is or exceeds $500 but is less than $1,500;
3605 (iii) a third degree felony if the value of the property, money, or thing obtained or
3606 attempted to be obtained is or exceeds $1,500 but is less than $5,000; or
3607 (iv) a second degree felony if the value of the property, money, or thing obtained or
3608 attempted to be obtained is or exceeds $5,000.
3609 (b) Multiple violations of Subsection (2) may be aggregated into a single offense, and
3610 the degree of the offense is determined by the total value of all property, money, or things
3611 obtained or attempted to be obtained through the multiple violations.
3612 (4) The court shall make appropriate findings in any prosecution under this section that
3613 the card holder did not commit the crime.
3614 (5) This section may not be construed to impose criminal or civil liability on any law
3615 enforcement officer acting within the scope of a criminal investigation.
3616 (6) The forfeiture of property under this section, including any seizure and disposition
3617 of the property and any related judicial or administrative proceeding, shall be conducted in
3618 accordance with Title 24, Forfeiture and Disposition of Property Act.
3619 Section 85. Section 76-6-507 is amended to read:
3620 76-6-507. Deceptive business practices.
3621 [
3622 (1) (a) As used in this section:
3623 (i) "Adulterated" means varying from the standard of composition or quality
3624 prescribed, or pursuant to any statute providing criminal penalties for a variance, or set by
3625 established commercial usage.
3626 (ii) "Mislabeled" means varying from the standard of truth or disclosure in labeling
3627 prescribed by or pursuant to any statute providing criminal penalties for a variance, or set by
3628 established commercial usage.
3629 (b) Terms defined in Section 76-1-101.5 apply to this section.
3630 (2) An actor commits deceptive business practices if the actor, in the course of
3631 business:
3632 (a) uses or possesses for use a false weight or measure, or any other device for falsely
3633 determining or recording any quality or quantity;
3634 (b) takes or attempts to take more than the represented quantity of any commodity or
3635 service when as buyer [
3636 (c) sells, offers, or exposes for sale adulterated or mislabeled commodities.
3637 [
3638
3639
3640 [
3641
3642
3643 (3) A violation of Subsection (2) is a class B misdemeanor.
3644 (4) It is an affirmative defense to prosecution under this section that the defendant's
3645 conduct was not knowing or reckless.
3646 (5) This section may not be construed to impose criminal or civil liability on any law
3647 enforcement officer acting within the scope of a criminal investigation.
3648 (6) The forfeiture of property under this section, including any seizure and disposition
3649 of the property and any related judicial or administrative proceeding, shall be conducted in
3650 accordance with Title 24, Forfeiture and Disposition of Property Act.
3651 Section 86. Section 76-6-508 is amended to read:
3652 76-6-508. Bribery of or receiving bribe by person in the business of selection,
3653 appraisal, or criticism of goods or services.
3654 (1) [
3655 76-1-101.5 apply to this section.
3656 (2) An actor commits bribery or receiving a bribe if the actor:
3657 (a) without the consent of the employer or principal, and contrary to the interests of the
3658 employer or principal:
3659 [
3660 of an employer or principal any benefit with the purpose of influencing the conduct of the
3661 employee, agent, or fiduciary in relating to his employer's or principal's affairs; or
3662 [
3663 accepts, or agrees to accept any benefit from another upon an agreement or understanding that
3664 such benefit will influence [
3665 or principal's affairs; [
3666
3667
3668 [
3669 actor's self out to the public as being engaged in the business of making disinterested selection,
3670 appraisal, or criticism of goods or services; and [
3671 (ii) solicits, accepts, or agrees to accept any benefit to influence [
3672 selection, appraisal, or criticism.
3673 (3) A violation of Subsection (2) is a class A misdemeanor.
3674 (4) This section does not apply to inducements made or accepted solely for the purpose
3675 of causing a change in employment by an employee, agent, or fiduciary.
3676 (5) This section may not be construed to impose criminal or civil liability on any law
3677 enforcement officer acting within the scope of a criminal investigation.
3678 (6) The forfeiture of property under this section, including any seizure and disposition
3679 of the property and any related judicial or administrative proceeding, shall be conducted in
3680 accordance with Title 24, Forfeiture and Disposition of Property Act.
3681 Section 87. Section 76-6-509 is amended to read:
3682 76-6-509. Bribery of a labor official.
3683 (1) [
3684 (2) An actor commits bribery of a labor official if the actor:
3685 (a) offers, confers, or agrees to confer upon a labor official any benefit [
3686 (b) has intent to influence [
3687 official's acts, decisions, or duties as a labor official [
3688 [
3689 felony [
3690 (4) This section may not be construed to impose criminal or civil liability on any law
3691 enforcement officer acting within the scope of a criminal investigation.
3692 (5) The forfeiture of property under this section, including any seizure and disposition
3693 of the property and any related judicial or administrative proceeding, shall be conducted in
3694 accordance with Title 24, Forfeiture and Disposition of Property Act.
3695 Section 88. Section 76-6-510 is amended to read:
3696 76-6-510. Receiving a bribe by a labor official.
3697 (1) [
3698 (2) A labor official commits receiving a bribe by a labor official if the labor official
3699 solicits, accepts, or agrees to accept any benefit from another person upon an agreement or
3700 understanding that the benefit will influence [
3701 official's acts, decisions, or duties as a labor official [
3702
3703 [
3704 degree felony [
3705 (4) This section may not be construed to impose criminal or civil liability on any law
3706 enforcement officer acting within the scope of a criminal investigation.
3707 (5) The forfeiture of property under this section, including any seizure and disposition
3708 of the property and any related judicial or administrative proceeding, shall be conducted in
3709 accordance with Title 24, Forfeiture and Disposition of Property Act.
3710 Section 89. Section 76-6-511 is amended to read:
3711 76-6-511. Defrauding of creditors.
3712 [
3713 (1) [
3714 (2) An actor commits defrauding of creditors if the actor:
3715 (a) destroys, removes, conceals, encumbers, transfers, or otherwise deals with property
3716 subject to a security interest with a purpose to hinder enforcement of that interest; or
3717 [
3718 appointment of a person entitled to administer property for the benefit of creditors[
3719 [
3720 property with a purpose to defeat or obstruct the claim of any creditor, or otherwise to obstruct
3721 the operation of any law relating to administration of property for the benefit of creditors; or
3722 [
3723 in writing, any statement relating to the debtor's estate, knowing that a material part of such
3724 statement is false.
3725 (3) A violation of Subsection (2) is a class A misdemeanor.
3726 (4) This section may not be construed to impose criminal or civil liability on any law
3727 enforcement officer acting within the scope of a criminal investigation.
3728 (5) The forfeiture of property under this section, including any seizure and disposition
3729 of the property and any related judicial or administrative proceeding, shall be conducted in
3730 accordance with Title 24, Forfeiture and Disposition of Property Act.
3731 Section 90. Section 76-6-512 is amended to read:
3732 76-6-512. Acceptance of deposit by insolvent financial institution.
3733 [
3734 (1) (a) As used in this section, "financial institution" means the same as that term is
3735 defined in Section 7-1-103.
3736 (b) Terms defined in Section 76-1-101.5 apply to this section.
3737 (2) An actor commits acceptance of a deposit by an insolvent financial institution if:
3738 (a) as an officer, manager, or other person participating in the direction of a financial
3739 institution, as defined in Section 7-1-103, [
3740 or other investment knowing that the institution is or is about to become unable, from any
3741 cause, to pay its obligations in the ordinary course of business; and
3742 [
3743 unaware of such present or prospective inability.
3744 (3) A violation of Subsection (2) is a third degree felony.
3745 (4) This section may not be construed to impose criminal or civil liability on any law
3746 enforcement officer acting within the scope of a criminal investigation.
3747 (5) The forfeiture of property under this section, including any seizure and disposition
3748 of the property and any related judicial or administrative proceeding, shall be conducted in
3749 accordance with Title 24, Forfeiture and Disposition of Property Act.
3750 Section 91. Section 76-6-513 is amended to read:
3751 76-6-513. Unlawful dealing of property by a fiduciary.
3752 (1) (a) As used in this section:
3753 [
3754 [
3755 defined in Section 7-1-103.
3756 [
3757 [
3758 supervised by the Department of Financial Institutions or a federal regulatory agency.
3759 [
3760 (b) Terms defined in Section 76-1-101.5 apply to this section.
3761 (2) [
3762 fiduciary if the [
3763 (a) deals with property:
3764 (i) that has been entrusted to [
3765 governmental entity, public money, or of a financial institution[
3766 (ii) in a manner which:
3767 (A) the [
3768 (B) involves substantial risk of loss or detriment to the property owner or to a person
3769 for whose benefit the property was entrusted[
3770
3771 (b) acting as a fiduciary pledges:
3772 (i) as collateral for a personal loan, or as collateral for the benefit of some party, other
3773 than the owner or the person for whose benefit the property was entrusted, the property that has
3774 been entrusted to the fiduciary; and
3775 (ii) without permission of the owner of the property or some other authorized person.
3776 (3) (a) [
3777
3778
3779
3780
3781 (i) a second degree felony if the:
3782 (A) value of the property is or exceeds $5,000; or
3783 (B) property is stolen from the person of another;
3784 (ii) a third degree felony if:
3785 (A) the value of the property is or exceeds $1,500 but is less than $5,000;
3786 (B) the value of the property is or exceeds $500 and the actor has been twice before
3787 convicted of any of the following offenses, if each prior offense was committed within 10 years
3788 before the date of the current conviction or the date of the offense upon which the current
3789 conviction is based and at least one of those convictions is for a class A misdemeanor:
3790 (I) any theft, any robbery, or any burglary with intent to commit theft;
3791 (II) any offense under Part 5, Fraud; or
3792 (III) any attempt to commit any offense under Subsection (3)(a)(ii)(B)(I) or (II);
3793 (C) the value of property is or exceeds $500 but is less than $1,500; or
3794 (D) the actor has been previously convicted of a felony violation of any of the offenses
3795 listed in Subsections (3)(a)(ii)(B)(I) through (3)(a)(ii)(B)(III), if the prior offense was
3796 committed within 10 years before the date of the current conviction or the date of the offense
3797 upon which the current conviction is based;
3798 (iii) a class A misdemeanor if:
3799 (A) the value of the property stolen is or exceeds $500 but is less than $1,500; or
3800 (B) the actor has been twice before convicted of any of the offenses listed in
3801 Subsections (3)(a)(ii)(B)(I) through (3)(a)(ii)(B)(III), if each prior offense was committed
3802 within 10 years before the date of the current conviction or the date of the offense upon which
3803 the current conviction is based; or
3804 (iv) a class B misdemeanor if the value of the property stolen is less than $500 and the
3805 theft is not an offense under Subsection (3)(a)(iii)(B).
3806 (b) [
3807 (2)(b) is:
3808 (i) a [
3809 pledged is or exceeds $5,000;
3810 (ii) a [
3811 is or exceeds $1,500 but is less than $5,000;
3812 (iii) a class A misdemeanor if the value of the property is or exceeds $500, but is less
3813 than $1,500 or the actor has been twice before convicted of theft, robbery, burglary with intent
3814 to commit theft, or unlawful dealing with property by a fiduciary; or
3815 (iv) a class B misdemeanor if the value of the property is less than $500.
3816 (4) This section may not be construed to impose criminal or civil liability on any law
3817 enforcement officer acting within the scope of a criminal investigation.
3818 (5) The forfeiture of property under this section, including any seizure and disposition
3819 of the property and any related judicial or administrative proceeding, shall be conducted in
3820 accordance with Title 24, Forfeiture and Disposition of Property Act.
3821 Section 92. Section 76-6-514 is amended to read:
3822 76-6-514. Unlawful influence of a contest.
3823 [
3824 (1) Terms defined in Section 76-1-101.5 apply to this section.
3825 (2) An actor commits unlawful influence of a contest if the actor:
3826 (a) [
3827 give [
3828 contest, [
3829 participant or prospective participant; [
3830 [
3831 perform [
3832 benefit upon or threatens any injury to such official; [
3833 [
3834 contest, [
3835 purporting to govern the contest; or
3836 [
3837 which would be criminal under Subsection [
3838 (3) A violation of Subsection (2) is a third degree felony.
3839 (4) This section may not be construed to impose criminal or civil liability on any law
3840 enforcement officer acting within the scope of a criminal investigation.
3841 (5) The forfeiture of property under this section, including any seizure and disposition
3842 of the property and any related judicial or administrative proceeding, shall be conducted in
3843 accordance with Title 24, Forfeiture and Disposition of Property Act.
3844 Section 93. Section 76-6-515 is amended to read:
3845 76-6-515. Using or making slugs.
3846 [
3847 [
3848
3849 [
3850
3851 [
3852 [
3853 designed to receive a coin or bill of a certain denomination, or a token made for the purpose,
3854 and, in return for the insertion or deposit thereof, automatically to offer, provide, assist in
3855 providing or permit the acquisition of property or a public or private service.
3856 [
3857 capable of being inserted, deposited, or otherwise used in a coin machine as an improper
3858 substitute for a genuine coin, bill, or token.
3859 (b) Terms defined in Section 76-1-101.5 apply to this section.
3860 (2) An actor commits using or making slugs if the actor:
3861 (a) with a purpose to defraud the supplier of property or a service offered or sold by
3862 means of a coin machine, inserts, deposits, or uses a slug in that machine; or
3863 (b) makes, possesses, or disposes of a slug with the purpose of enabling a person to use
3864 it fraudulently in a coin machine.
3865 (3) A violation of Subsection (2) is a class B misdemeanor.
3866 (4) This section may not be construed to impose criminal or civil liability on any law
3867 enforcement officer acting within the scope of a criminal investigation.
3868 (5) The forfeiture of property under this section, including any seizure and disposition
3869 of the property and any related judicial or administrative proceeding, shall be conducted in
3870 accordance with Title 24, Forfeiture and Disposition of Property Act.
3871 Section 94. Section 76-6-516 is amended to read:
3872 76-6-516. Fraudulent conveyance of marital real estate.
3873 (1) [
3874 (2) An actor commits fraudulent conveyance of marital real estate if the actor:
3875 (a) is married;
3876 (b) falsely represents [
3877 (c) knowingly conveys or mortgages real estate [
3878 the assent or concurrence of [
3879 necessary to relinquish [
3880
3881 (3) A violation of Subsection (2) is a third degree felony.
3882 (4) This section may not be construed to impose criminal or civil liability on any law
3883 enforcement officer acting within the scope of a criminal investigation.
3884 (5) The forfeiture of property under this section, including any seizure and disposition
3885 of the property and any related judicial or administrative proceeding, shall be conducted in
3886 accordance with Title 24, Forfeiture and Disposition of Property Act.
3887 Section 95. Section 76-6-517 is amended to read:
3888 76-6-517. Making a false credit report.
3889 (1) [
3890 (2) An actor commits making a false credit report if the actor knowingly makes a
3891 materially false or misleading written statement to obtain property or credit for himself or
3892 another [
3893 [
3894 misdemeanor.
3895 (4) This section may not be construed to impose criminal or civil liability on any law
3896 enforcement officer acting within the scope of a criminal investigation.
3897 (5) The forfeiture of property under this section, including any seizure and disposition
3898 of the property and any related judicial or administrative proceeding, shall be conducted in
3899 accordance with Title 24, Forfeiture and Disposition of Property Act.
3900 Section 96. Section 76-6-518 is amended to read:
3901 76-6-518. Criminal simulation.
3902 (1) [
3903 (2) An actor commits criminal simulation if, with intent to defraud another, the actor:
3904 (a) [
3905 because of age, antiquity, rarity, source, or authorship that it does not have;
3906 (b) [
3907 (c) [
3908 utter it; or
3909 (d) [
3910 from what it is.
3911 [
3912 (a) [
3913 is a class B misdemeanor[
3914 (b) [
3915 than $1,500, the offense is a class A misdemeanor[
3916 (c) [
3917 less than $5,000, the offense is a third degree felony [
3918 (d) [
3919 offense is a second degree felony [
3920 (4) This section may not be construed to impose criminal or civil liability on any law
3921 enforcement officer acting within the scope of a criminal investigation.
3922 (5) The forfeiture of property under this section, including any seizure and disposition
3923 of the property and any related judicial or administrative proceeding, shall be conducted in
3924 accordance with Title 24, Forfeiture and Disposition of Property Act.
3925 Section 97. Section 76-6-520 is amended to read:
3926 76-6-520. Criminal usury.
3927 (1) [
3928 apply to this section.
3929 (2) An actor commits criminal usury if the actor knowingly engages in, or directly or
3930 indirectly provides financing for, the business of making loans at a higher rate of interest or
3931 consideration therefor than is authorized by law.
3932 [
3933 a third degree felony.
3934 (4) This section may not be construed to impose criminal or civil liability on any law
3935 enforcement officer acting within the scope of a criminal investigation.
3936 (5) The forfeiture of property under this section, including any seizure and disposition
3937 of the property and any related judicial or administrative proceeding, shall be conducted in
3938 accordance with Title 24, Forfeiture and Disposition of Property Act.
3939 Section 98. Section 76-6-521 is amended to read:
3940 76-6-521. Insurance fraud.
3941 (1) (a) [
3942 defined in Section 31A-31-102.
3943 (b) Terms defined in Section 76-1-101.5 apply to this section.
3944 (2) An actor commits a fraudulent insurance act if [
3945 deceive or defraud:
3946 (a) presents or causes to be presented any oral or written statement or representation
3947 knowing that the statement or representation contains false or fraudulent information
3948 concerning any fact material to an application for the issuance or renewal of an insurance
3949 policy, certificate, or contract, as part of or in support of:
3950 (i) obtaining an insurance policy the insurer would otherwise not issue on the basis of
3951 underwriting criteria applicable to the person;
3952 (ii) a scheme or artifice to avoid paying the premium that an insurer charges on the
3953 basis of underwriting criteria applicable to the person; or
3954 (iii) a scheme or artifice to file an insurance claim for a loss that has already occurred;
3955 (b) presents, or causes to be presented, any oral or written statement or representation:
3956 (i) (A) as part of or in support of a claim for payment or other benefit pursuant to an
3957 insurance policy, certificate, or contract; or
3958 (B) in connection with any civil claim asserted for recovery of damages for personal or
3959 bodily injuries or property damage; and
3960 (ii) knowing that the statement or representation contains false, incomplete, or
3961 fraudulent information concerning any fact or thing material to the claim;
3962 (c) knowingly accepts a benefit from proceeds derived from a fraudulent insurance act;
3963 (d) intentionally, knowingly, or recklessly devises a scheme or artifice to obtain fees
3964 for professional services, or anything of value by means of false or fraudulent pretenses,
3965 representations, promises, or material omissions;
3966 (e) knowingly employs, uses, or acts as a runner[
3967 for the purpose of committing a fraudulent insurance act;
3968 (f) knowingly assists, abets, solicits, or conspires with another to commit a fraudulent
3969 insurance act;
3970 (g) knowingly supplies false or fraudulent material information in any document or
3971 statement required by the Department of Insurance; or
3972 (h) knowingly fails to forward a premium to an insurer in violation of Section
3973 31A-23a-411.1.
3974 [
3975 (b) A violation of Subsections [
3976 (2)(h) is [
3977
3978 (i) a class B misdemeanor when the value of the property, money, or thing obtained or
3979 sought to be obtained is less than $500;
3980 (ii) a class A misdemeanor when the value of the property, money, or thing obtained or
3981 sought to be obtained is or exceeds $500 but is less than $1,500;
3982 (iii) a third degree felony when the value of the property, money, or thing obtained or
3983 sought to be obtained is or exceeds $1,500 but is less than $5,000; or
3984 (iv) a second degree felony when the value of the property, money, or thing obtained or
3985 sought to be obtained is or exceeds $5,000.
3986 (c) A violation of Subsection [
3987 (i) [
3988 determined; [
3989 (ii) [
3990
3991 felony when the value of the loss is or exceeds $1,500 but is less than $5,000; or
3992 (iii) a second degree felony when the value of the loss is or exceeds $5,000.
3993 [
3994 the same conditions as those set forth in Section 76-2-204.
3995 [
3996 (2)(a)(ii) and [
3997 property, money, or other things obtained or sought to be obtained by the fraudulent insurance
3998 act or acts described in Subsections [
3999 (2)(h).
4000 (6) This section may not be construed to impose criminal or civil liability on any law
4001 enforcement officer acting within the scope of a criminal investigation.
4002 (7) The forfeiture of property under this section, including any seizure and disposition
4003 of the property and any related judicial or administrative proceeding, shall be conducted in
4004 accordance with Title 24, Forfeiture and Disposition of Property Act.
4005 Section 99. Section 76-6-522 is amended to read:
4006 76-6-522. Equity skimming of a vehicle.
4007 (1) (a) As used in this section:
4008 (i) "Actor" means a broker, dealer, or a person in collusion with a dealer or broker.
4009 [
4010 the sale, lease, sublease, or transfer of a vehicle.
4011 [
4012 exchanging vehicles for compensation of any kind.
4013 [
4014 with or without an option to buy.
4015 [
4016 performance of an obligation.
4017 [
4018 person to another.
4019 [
4020 or may be transported or drawn upon a highway, or through the air or water, or over land and
4021 includes a manufactured home or mobile home as defined in Section 41-1a-102.
4022 (b) Terms defined in Section 76-1-101.5 apply to this section.
4023 (2) [
4024
4025 (a) (i) transfers or arranges the transfer of a vehicle for consideration or profit[
4026
4027 (ii) has not first obtained written authorization of the lessor or holder of the security
4028 interest; and
4029 (b) knows or should have known the vehicle is subject to a lease or security interest[
4030
4031 (3) [
4032 felony.
4033 (4) It is a defense to [
4034 violation of Subsection (2) if the defendant proves by a preponderance of the evidence that the
4035 lease obligation or security interest has been satisfied within 30 days following the transfer of
4036 the vehicle.
4037 (5) This section may not be construed to impose criminal or civil liability on any law
4038 enforcement officer acting within the scope of a criminal investigation.
4039 (6) The forfeiture of property under this section, including any seizure and disposition
4040 of the property and any related judicial or administrative proceeding, shall be conducted in
4041 accordance with Title 24, Forfeiture and Disposition of Property Act.
4042 Section 100. Section 76-6-523 is amended to read:
4043 76-6-523. Obstruction of the leasing of real property for natural resource or
4044 agricultural production.
4045 (1) (a) As used in this section:
4046 [
4047 bidding process.
4048 [
4049 [
4050 [
4051 products, including grazing; or
4052 [
4053 (1)(a)(ii)(A) and (B).
4054 (b) Terms defined in Section 76-1-101.5 apply to this section.
4055 (2) [
4056 for natural resource or agricultural production if the [
4057 (a) bids for a lease as part of a competitive process for the lease;
4058 (b) does not intend to pay for the lease at the time the [
4059 described in Subsection (2)(a); and
4060 (c) does not pay the lessor in full for the lease as required by the lease agreement.
4061 (3) [
4062
4063 (a) a third degree felony; and
4064 (b) subject to a minimum fine of not less than $7,500.
4065 (4) This section may not be construed to impose criminal or civil liability on any law
4066 enforcement officer acting within the scope of a criminal investigation.
4067 (5) The forfeiture of property under this section, including any seizure and disposition
4068 of the property and any related judicial or administrative proceeding, shall be conducted in
4069 accordance with Title 24, Forfeiture and Disposition of Property Act.
4070 Section 101. Section 76-6-524 is amended to read:
4071 76-6-524. Falsifying information for preconstruction lien purposes.
4072 (1) [
4073 this section.
4074 (2) An actor commits falsifying information for the purpose of obtaining priority of a
4075 preconstruction lien if the actor knowingly falsifies information for the purpose of obtaining
4076 priority of a preconstruction lien under Title 38, Chapter 1a, Preconstruction and Construction
4077 Liens[
4078 (3) A violation of Subsection (2) is a class B misdemeanor.
4079 (4) This section may not be construed to impose criminal or civil liability on any law
4080 enforcement officer acting within the scope of a criminal investigation.
4081 (5) The forfeiture of property under this section, including any seizure and disposition
4082 of the property and any related judicial or administrative proceeding, shall be conducted in
4083 accordance with Title 24, Forfeiture and Disposition of Property Act.
4084 Section 102. Section 76-6-601 is amended to read:
4085 76-6-601. Definitions.
4086 As used in this [
4087 (1) "Merchandise" means any personal property displayed, held, or offered for sale by a
4088 merchant.
4089 (2) "Merchant" means an owner or operator of any retail mercantile establishment
4090 where merchandise is displayed, held, or offered for sale and includes the merchant's
4091 employees, servants, or agents.
4092 (3) "Minor" means any unmarried person under 18 years of age.
4093 (4) "Peace officer" has the same meaning as provided in Title 53, Chapter 13, Peace
4094 Officer Classifications.
4095 (5) "Premises of a retail mercantile establishment" includes, but is not limited to, the
4096 retail mercantile establishment; any common use areas in shopping centers and all parking lots
4097 or areas set aside for the benefit of those patrons of the retail mercantile establishment.
4098 (6) "Retail mercantile establishment" means any place where merchandise is displayed,
4099 held, or offered for sale to the public.
4100 (7) "Retail value" means the merchant's stated or advertised price of the merchandise.
4101 (8) "Shopping cart" means those push carts of the types which are commonly provided
4102 by grocery stores, drug stores, or other mercantile establishments, or markets for the use of the
4103 public in transporting commodities in stores and markets from the store to a place outside the
4104 store.
4105 (9) "Under-ring" means to cause the cash register or other sales recording device to
4106 reflect less than the retail value of the merchandise.
4107 Section 103. Section 76-6-602 is amended to read:
4108 76-6-602. Retail theft.
4109 [
4110 (1) Terms defined in Sections 76-1-101.5 and 76-6-601 apply to this section.
4111 (2) An actor commits retail theft if the actor knowingly:
4112 [
4113 carried away or transferred, any merchandise displayed, held, stored, or offered for sale in a
4114 retail mercantile establishment with the intention of:
4115 (i) retaining [
4116 (ii) depriving the merchant permanently of the possession, use or benefit of such
4117 merchandise without paying the retail value of [
4118 [
4119 of value, or any other markings which aid in determining value of any merchandise displayed,
4120 held, stored, or offered for sale, in a retail mercantile establishment; and
4121 (ii) attempts to purchase [
4122 personally or in consort with another at less than the retail value with the intention of depriving
4123 the merchant of the retail value of [
4124 [
4125 sale in a retail mercantile establishment from the container in or on which [
4126 merchandise is displayed to any other container with the intention of depriving the merchant of
4127 the retail value of [
4128 [
4129 retail value of the merchandise; or
4130 [
4131 establishment with the intent of depriving the merchant of the possession, use, or benefit of
4132 [
4133 (3) A violation of Subsection (2) is:
4134 (a) a second degree felony if the:
4135 (i) value of the merchandise or shopping cart is or exceeds $5,000;
4136 (ii) merchandise stolen is a firearm or an operable motor vehicle; or
4137 (b) a third degree felony if:
4138 (i) the value of the merchandise is or exceeds $1,500 but is less than $5,000;
4139 (ii) the merchandise is a catalytic converter as defined under Section 76-6-1402;
4140 (iii) the value of the merchandise or shopping cart is or exceeds $500 and the actor has
4141 been twice before convicted of any of the following offenses, if each prior offense was
4142 committed within 10 years before the date of the current conviction or the date of the offense
4143 upon which the current conviction is based and at least one of those convictions is for a class A
4144 misdemeanor:
4145 (A) any theft, any robbery, or any burglary with intent to commit theft;
4146 (B) any offense under Part 5, Fraud; or
4147 (C) any attempt to commit any offense under Subsection (3)(b)(iii)(A) or (B);
4148 (iv) (A) the value of merchandise or shopping cart is or exceeds $500 but is less than
4149 $1,500;
4150 (B) the theft occurs in a retail mercantile establishment or on the premises of a retail
4151 mercantile establishment where the offender has committed any theft within the past five years;
4152 and
4153 (C) the offender has received written notice from the merchant prohibiting the offender
4154 from entering the retail mercantile establishment or premises of a retail mercantile
4155 establishment pursuant to Subsection 78B-3-108(4); or
4156 (v) the actor has been previously convicted of a felony violation of any of the offenses
4157 listed in Subsections (3)(b)(iii)(A) through (3)(b)(iii)(C), if the prior offense was committed
4158 within 10 years before the date of the current conviction or the date of the offense upon which
4159 the current conviction is based;
4160 (c) a class A misdemeanor if:
4161 (i) the value of the merchandise or shopping cart stolen is or exceeds $500 but is less
4162 than $1,500;
4163 (ii) (A) the value of merchandise or shopping cart is less than $500;
4164 (B) the theft occurs in a retail mercantile establishment or premises of a retail
4165 mercantile establishment where the offender has committed any theft within the past five years;
4166 and
4167 (C) the offender has received written notice from the merchant prohibiting the offender
4168 from entering the retail mercantile establishment or premises of a retail mercantile
4169 establishment pursuant to Subsection 78B-3-108(4); or
4170 (iii) the actor has been twice before convicted of any of the offenses listed in
4171 Subsections (3)(b)(iii)(A) through (3)(b)(iii)(C), if each prior offense was committed within 10
4172 years before the date of the current conviction or the date of the offense upon which the current
4173 conviction is based; or
4174 (d) a class B misdemeanor if the value of the merchandise or shopping cart stolen is
4175 less than $500 and the theft is not an offense under Subsection (3)(c).
4176 Section 104. Section 76-6-608 is amended to read:
4177 76-6-608. Theft detection shielding devices prohibited.
4178 (1) [
4179 this section.
4180 (2) An actor commits the unlawful shielding of a theft detection device if the actor
4181 knowingly:
4182 (a) [
4183 use for, or represented as having the purpose of shielding merchandise from any electronic or
4184 magnetic theft alarm sensor, with the intent to commit a theft of merchandise;
4185 (b) [
4186 sell, advertises, gives, transports, or otherwise transfers to another any container or device
4187 intended for use for or represented as having the purpose of shielding merchandise from any
4188 electronic or magnetic theft alarm sensor;
4189 (c) [
4190 device from any merchandise, with the intent to use the tool or instrument to remove any theft
4191 detection device from any merchandise without the permission of the merchant or the person
4192 owning or in possession of the merchandise; or
4193 (d) intentionally [
4194 purchase and without the permission of the merchant.
4195 [
4196 (b) A violation of Subsection [
4197 (i) class B misdemeanor if the value of the merchandise from which the theft detection
4198 device is removed is less than $500; or
4199 (ii) class A misdemeanor if the value of the merchandise from which the theft detection
4200 device is removed is or exceeds $500.
4201 [
4202 listed in [
4203 [
4204 civil action for redress for damages suffered as a result of any violation of this section.
4205 Section 105. Section 76-6-703 is amended to read:
4206 76-6-703. Unlawful computer technology access or action or denial of service
4207 attack.
4208 [
4209 (1) Terms defined in Sections 76-1-101.5 and 76-6-702 apply to this section.
4210 (2) An actor commits unlawful computer technology access or action or denial of
4211 service attack if the actor:
4212 (a) without authorization, or in excess of the [
4213
4214 results in:
4215 (i) the alteration, damage, destruction, copying, transmission, discovery, or disclosure
4216 of computer technology;
4217 (ii) interference with or interruption of:
4218 (A) the lawful use of computer technology; or
4219 (B) the transmission of data;
4220 (iii) physical damage to or loss of real, personal, or commercial property;
4221 (iv) audio, video, or other surveillance of another person; or
4222 (v) economic loss to any person or entity;
4223 (b) after accessing computer technology that the [
4224 knowingly [
4225 results in:
4226 (i) the alteration, damage, destruction, copying, transmission, discovery, or disclosure
4227 of computer technology;
4228 (ii) interference with or interruption of:
4229 (A) the lawful use of computer technology; or
4230 (B) the transmission of data;
4231 (iii) physical damage to or loss of real, personal, or commercial property;
4232 (iv) audio, video, or other surveillance of another person; or
4233 (v) economic loss to any person or entity; or
4234 (c) knowingly [
4235 [
4236 (3) A violation of Subsection (2) is:
4237 (a) a class B misdemeanor [
4238 (i) the economic loss or other loss or damage caused or the value of the money,
4239 property, or benefit obtained or sought to be obtained is less than $500; or
4240 (ii) the information obtained is not confidential;
4241 (b) a class A misdemeanor [
4242 or the value of the money, property, or benefit obtained or sought to be obtained is or exceeds
4243 $500 but is less than $1,500;
4244 (c) a third degree felony [
4245 (i) the economic loss or other loss or damage caused or the value of the money,
4246 property, or benefit obtained or sought to be obtained is or exceeds $1,500 but is less than
4247 $5,000;
4248 (ii) the property or benefit obtained or sought to be obtained is a license or entitlement;
4249 (iii) the damage is to the license or entitlement of another person;
4250 (iv) the information obtained is confidential or identifying information; or
4251 (v) in gaining access the actor breaches or breaks through a security system; or
4252 (d) a second degree felony [
4253 or the value of the money, property, or benefit obtained or sought to be obtained is or exceeds
4254 $5,000[
4255 [
4256 [
4257
4258 [
4259 [
4260 [
4261 [
4262
4263
4264
4265 [
4266
4267
4268
4269
4270 [
4271
4272
4273
4274 [
4275
4276
4277
4278 [
4279
4280 [
4281
4282 [
4283 [
4284
4285 [
4286
4287
4288
4289
4290
4291 [
4292
4293 [
4294 the actor obtained access or attempted to obtain access:
4295 [
4296 prior attempted or successful breach of security of computer technology whose security the
4297 [
4298 greater than reasonably necessary for that purpose; or
4299 [
4300 a search warrant.
4301 (b) In accordance with 47 U.S.C. Sec. 230, this section may not apply to, and nothing
4302 in this section may be construed to impose liability or culpability on, an interactive computer
4303 service for content provided by another person.
4304 (c) This section does not affect, limit, or apply to any activity or conduct that is
4305 protected by the constitution or laws of this state, or by the constitution or laws of the United
4306 States.
4307 [
4308 person violates this section using the interactive computer service and the interactive computer
4309 service did not knowingly assist the person to commit the violation.
4310 (b) A service provider is not guilty of violating this section for:
4311 (i) action taken in relation to a customer of the service provider, for a legitimate
4312 business purpose, to install software on, monitor, or interact with the customer's Internet or
4313 other network connection, service, or computer for network or computer security purposes,
4314 authentication, diagnostics, technical support, maintenance, repair, network management,
4315 updates of computer software or system firmware, or remote system management; or
4316 (ii) action taken, including scanning and removing computer software, to detect or
4317 prevent the following:
4318 (A) unauthorized or fraudulent use of a network, service, or computer software;
4319 (B) illegal activity; or
4320 (C) infringement of intellectual property rights.
4321 [
4322
4323
4324 [
4325
4326
4327 [
4328
4329
4330 Section 106. Section 76-6-703.1 is enacted to read:
4331 76-6-703.1. Unlawful disclosure of personal information.
4332 (1) (a) As used in this section, "electronic communication harassment" means an
4333 offense under Section 76-9-201.
4334 (b) Terms defined in Sections 76-1-101.5 and 76-6-702 apply to this section.
4335 (2) An actor commits unlawful disclosure of personal information if:
4336 (a) with intent that electronic communication harassment occur, the actor discloses or
4337 disseminates another person's identifying information with the expectation that others will
4338 further disseminate or use the person's identifying information; and
4339 (b) the disclosure or dissemination of the other person's identifying information results
4340 in electronic communication harassment.
4341 (3) (a) If the person whose identifying information is disseminated is an adult, a
4342 violation of Subsection (2) is:
4343 (i) a class B misdemeanor on the first offense;
4344 (ii) a class A misdemeanor on the second offense; or
4345 (iii) a third degree felony on a third or subsequent offense.
4346 (b) If the person whose identifying information is disseminated is a minor, a violation
4347 of Subsection (2) is:
4348 (i) a class A misdemeanor on the first offense; or
4349 (ii) a third degree felony on the second or subsequent offense.
4350 (4) (a) This section does not apply to an actor who provides information in conjunction
4351 with a report under Title 34A, Chapter 6, Utah Occupational Safety and Health Act, or Title 67,
4352 Chapter 21, Utah Protection of Public Employees Act.
4353 (b) In accordance with 47 U.S.C. Sec. 230, this section may not apply to, and nothing
4354 in this section may be construed to impose liability or culpability on, an interactive computer
4355 service for content provided by another person.
4356 (c) This section does not affect, limit, or apply to any activity or conduct that is
4357 protected by the constitution or laws of this state, or by the constitution or laws of the United
4358 States.
4359 (5) (a) An interactive computer service is not guilty of violating this section if an actor
4360 violates this section using the interactive computer service and the interactive computer service
4361 did not knowingly assist the actor to commit the violation.
4362 (b) A service provider is not guilty of violating this section for:
4363 (i) action taken in relation to a customer of the service provider, for a legitimate
4364 business purpose, to install software on, monitor, or interact with the customer's Internet or
4365 other network connection, service, or computer for network or computer security purposes,
4366 authentication, diagnostics, technical support, maintenance, repair, network management,
4367 updates of computer software or system firmware, or remote system management; or
4368 (ii) action taken, including scanning and removing computer software, to detect or
4369 prevent the following:
4370 (A) unauthorized or fraudulent use of a network, service, or computer software;
4371 (B) illegal activity; or
4372 (C) infringement of intellectual property rights.
4373 Section 107. Section 76-6-703.3 is enacted to read:
4374 76-6-703.3. Unlawful use of technology to defraud.
4375 (1) (a) As used in this section, "sensitive personal identifying information" means the
4376 same as that term is defined in Section 76-10-1801.
4377 (b) Terms defined in Sections 76-1-101.5 and 76-6-702 apply to this section.
4378 (2) An actor commits unlawful use of technology to defraud if the actor uses or
4379 knowingly allows another person to use a computer, computer network, computer property, or
4380 computer system, program, or software to devise or execute any artifice or scheme to defraud
4381 or to obtain money, property, a service, or other thing of value by a false pretense, promise, or
4382 representation.
4383 (3) A violation of Subsection (2) is:
4384 (a) a class B misdemeanor if the value of the money, property, service, or thing
4385 obtained or sought to be obtained is less than $500;
4386 (b) a class A misdemeanor if the value of the money, property, service, or thing
4387 obtained or sought to be obtained is or exceeds $500 but is less than $1,500;
4388 (c) a third degree felony if the value of the money, property, service, or thing obtained
4389 or sought to be obtained is or exceeds $1,500 but is less than $5,000; or
4390 (d) a second degree felony if:
4391 (i) the value of the money, property, service, or thing obtained or sought to be obtained
4392 is or exceeds $5,000; or
4393 (ii) the object or purpose of the artifice or scheme to defraud is the obtaining of
4394 sensitive personal identifying information, regardless of the value.
4395 (4) (a) In accordance with 47 U.S.C. Sec. 230, this section may not apply to, and
4396 nothing in this section may be construed to impose liability or culpability on, an interactive
4397 computer service for content provided by another person.
4398 (b) This section does not affect, limit, or apply to any activity or conduct that is
4399 protected by the constitution or laws of this state, or by the constitution or laws of the United
4400 States.
4401 (5) (a) An interactive computer service is not guilty of violating this section if a person
4402 violates this section using the interactive computer service and the interactive computer service
4403 did not knowingly assist the person to commit the violation.
4404 (b) A service provider is not guilty of violating this section for:
4405 (i) action taken in relation to a customer of the service provider, for a legitimate
4406 business purpose, to install software on, monitor, or interact with the customer's Internet or
4407 other network connection, service, or computer for network or computer security purposes,
4408 authentication, diagnostics, technical support, maintenance, repair, network management,
4409 updates of computer software or system firmware, or remote system management; or
4410 (ii) action taken, including scanning and removing computer software, to detect or
4411 prevent the following:
4412 (A) unauthorized or fraudulent use of a network, service, or computer software;
4413 (B) illegal activity; or
4414 (C) infringement of intellectual property rights.
4415 Section 108. Section 76-6-703.5 is enacted to read:
4416 76-6-703.5. Interference or interruption of critical infrastructure.
4417 (1) Terms defined in Sections 76-1-101.5 and 76-6-702 apply to this section.
4418 (2) An actor commits interference or interruption of critical infrastructure if the actor
4419 intentionally or knowingly, and without lawful authorization, interferes with or interrupts
4420 critical infrastructure.
4421 (3) A violation of Subsection (2) is a third degree felony.
4422 (4) (a) In accordance with 47 U.S.C. Sec. 230, this section may not apply to, and
4423 nothing in this section may be construed to impose liability or culpability on, an interactive
4424 computer service for content provided by another person.
4425 (b) This section does not affect, limit, or apply to any activity or conduct that is
4426 protected by the constitution or laws of this state, or by the constitution or laws of the United
4427 States.
4428 (5) (a) An interactive computer service is not guilty of violating this section if a person
4429 violates this section using the interactive computer service and the interactive computer service
4430 did not knowingly assist the person to commit the violation.
4431 (b) A service provider is not guilty of violating this section for:
4432 (i) action taken in relation to a customer of the service provider, for a legitimate
4433 business purpose, to install software on, monitor, or interact with the customer's Internet or
4434 other network connection, service, or computer for network or computer security purposes,
4435 authentication, diagnostics, technical support, maintenance, repair, network management,
4436 updates of computer software or system firmware, or remote system management; or
4437 (ii) action taken, including scanning and removing computer software, to detect or
4438 prevent the following:
4439 (A) unauthorized or fraudulent use of a network, service, or computer software;
4440 (B) illegal activity; or
4441 (C) infringement of intellectual property rights.
4442 Section 109. Section 76-6-703.7 is enacted to read:
4443 76-6-703.7. Unlawful computer access.
4444 (1) Terms defined in Sections 76-1-101.5 and 76-6-702 apply to this section.
4445 (2) An actor commits unlawful computer access if:
4446 (a) the actor intentionally or knowingly, and without authorization, gains or attempts to
4447 gain access to a computer, computer network, computer property, or computer system; and
4448 (b) the circumstances of the violation of Subsection (2)(a) do not constitute an offense
4449 under Section 76-6-703, 76-6-703.1, 76-6-703.3, or 76-6-703.5.
4450 (3) A violation of Subsection (2) is a class B misdemeanor.
4451 (4) (a) Notwithstanding Subsection (2), a retailer that uses an electronic product
4452 identification or tracking system, or other technology, to identify, track, or price goods is not
4453 guilty of a violation of this section if the equipment designed to read the electronic product
4454 identification or tracking system data and used by the retailer to identify, track, or price goods
4455 is located within the retailer's location.
4456 (b) It is an affirmative defense to a violation under this section that the actor obtained
4457 access or attempted to obtain access:
4458 (i) in response to, and for the purpose of protecting against or investigating, a prior
4459 attempted or successful breach of security of computer technology whose security the actor is
4460 authorized or entitled to protect, and the access attempted or obtained was no greater than
4461 reasonably necessary for that purpose; or
4462 (ii) pursuant to a search warrant or a lawful exception to the requirement to obtain a
4463 search warrant.
4464 (c) In accordance with 47 U.S.C. Sec. 230, this section may not apply to, and nothing
4465 in this section may be construed to impose liability or culpability on, an interactive computer
4466 service for content provided by another person.
4467 (d) This section does not affect, limit, or apply to any activity or conduct that is
4468 protected by the constitution or laws of this state, or by the constitution or laws of the United
4469 States.
4470 (5) (a) An interactive computer service is not guilty of violating this section if an actor
4471 violates this section using the interactive computer service and the interactive computer service
4472 did not knowingly assist the actor to commit the violation.
4473 (b) A service provider is not guilty of violating this section for:
4474 (i) action taken in relation to a customer of the service provider, for a legitimate
4475 business purpose, to install software on, monitor, or interact with the customer's Internet or
4476 other network connection, service, or computer for network or computer security purposes,
4477 authentication, diagnostics, technical support, maintenance, repair, network management,
4478 updates of computer software or system firmware, or remote system management; or
4479 (ii) action taken, including scanning and removing computer software, to detect or
4480 prevent the following:
4481 (A) unauthorized or fraudulent use of a network, service, or computer software;
4482 (B) illegal activity; or
4483 (C) infringement of intellectual property rights.
4484 Section 110. Section 76-6-705 is amended to read:
4485 76-6-705. Reporting violations.
4486 (1) Each person who has reason to believe that [
4487 76-6-703 [
4488 has been violated shall report the suspected violation to:
4489 (a) the attorney general, or county attorney, or, if within a prosecution district, the
4490 district attorney of the county or prosecution district in which part or all of the [
4491 violation occurred; or
4492 (b) a state or local law enforcement agency.
4493 (2) Subsection (1) does not apply to the extent that the person is prohibited from
4494 reporting by a statutory or common law privilege.
4495 Section 111. Section 76-6-801 is amended to read:
4496 76-6-801. Library theft.
4497 (1) (a) [
4498 (i) "Library" means:
4499 (A) a public library;
4500 (B) a library of an educational or historical society;
4501 (C) a museum; or
4502 (D) a repository of public records.
4503 (ii) "Library materials" means a book, plate, picture, photograph, engraving, painting,
4504 drawing, map, newspaper, magazine, pamphlet, broadside, manuscript, document, letter, public
4505 record, microfilm, sound recording, audiovisual materials in any format, electronic data
4506 processing records, artifacts, or other documentary, written or printed materials regardless of
4507 physical form or characteristics, belonging to, on loan to, or otherwise in the custody of a
4508 library.
4509 (b) Terms defined in Section 76-1-101.5 apply to this section.
4510 (2) An actor commits library theft if the actor:
4511 (a) willfully, for the purpose of converting to personal use, and depriving the owner,
4512 conceals on [
4513 while on the premises of the library; or
4514 (b) willfully and without authority removes library materials from the library building
4515 with the intention of converting them to [
4516 (3) A violation of Subsection (2) is:
4517 (a) a second degree felony if the value of the library materials is or exceeds $5,000;
4518 (b) a third degree felony if:
4519 (i) the value of the library materials is or exceeds $1,500 but is less than $5,000;
4520 (ii) the value of the library materials is or exceeds $500 and the actor has been twice
4521 before convicted of any of the following offenses, if each prior offense was committed within
4522 10 years before the date of the current conviction or the date of the offense upon which the
4523 current conviction is based and at least one of those convictions is for a class A misdemeanor:
4524 (A) any theft, any robbery, or any burglary with intent to commit theft;
4525 (B) any offense under Part 5, Fraud; or
4526 (C) any attempt to commit any offense under Subsection (3)(b)(ii)(A) or (B);
4527 (iii) (A) the value of the library materials is or exceeds $500 but is less than $1,500;
4528 (B) the theft occurs on a property where the offender has committed any theft within
4529 the past five years; and
4530 (C) the offender has received written notice from the library prohibiting the offender
4531 from entering the property if the library has complied with the provisions of Subsection
4532 78B-3-108(4) governing notice by a merchant; or
4533 (iv) the actor has been previously convicted of a felony violation of any of the offenses
4534 listed in Subsections (3)(b)(ii)(A) through (3)(b)(ii)(C), if the prior offense was committed
4535 within 10 years before the date of the current conviction or the date of the offense upon which
4536 the current conviction is based;
4537 (c) a class A misdemeanor if:
4538 (i) the value of the library materials stolen is or exceeds $500 but is less than $1,500;
4539 (ii) (A) the value of the library materials is less than $500;
4540 (B) the theft occurs on a property where the offender has committed any theft within
4541 the past five years; and
4542 (C) the offender has received written notice from the library if the library has complied
4543 with the provisions of Subsection 78B-3-108(4) governing notice by a merchant; or
4544 (iii) the actor has been twice before convicted of any of the offenses listed in
4545 Subsections (3)(b)(ii)(A) through (3)(b)(ii)(C), if each prior offense was committed within 10
4546 years before the date of the current conviction or the date of the offense upon which the current
4547 conviction is based; or
4548 (d) a class B misdemeanor if the value of the library materials stolen is less than $500
4549 and the theft is not an offense under Subsection (3)(c).
4550 (4) (a) An actor who willfully conceals library materials on the actor's person or among
4551 the actor's belongings while on the premises of the library or in the library's immediate vicinity
4552 is prima facie presumed to have concealed library materials with the intention of converting the
4553 library materials to the actor's own use.
4554 (b) If library materials are found concealed upon the actor's person or among the actor's
4555 belongings, or electronic security devices are activated by the actor's presence, it is prima facie
4556 evidence of willful concealment.
4557 Section 112. Section 76-6-803 is amended to read:
4558 76-6-803. Mutilation or damaging of library material.
4559 (1) (a) [
4560 (i) "Library" means the same as that term is defined in Section 76-6-801.
4561 (ii) "Library materials" means the same as that term is defined in Section 76-6-801.
4562 (b) Terms defined in Section 76-1-101.5 apply to this section.
4563 (2) An actor is guilty of mutilation or damage of library materials if the actor
4564 intentionally or recklessly writes upon, injures, defaces, tears, cuts, mutilates, destroys, or
4565 otherwise damages library materials.
4566 (3) A violation of Subsection (2) is:
4567 (a) a second degree felony if the value of the library materials is or exceeds $5,000;
4568 (b) a third degree felony if:
4569 (i) the value of the library materials is or exceeds $1,500 but is less than $5,000;
4570 (ii) the value of the library materials is or exceeds $500 and the actor has been twice
4571 before convicted of any of the following offenses, if each prior offense was committed within
4572 10 years before the date of the current conviction or the date of the offense upon which the
4573 current conviction is based and at least one of those convictions is for a class A misdemeanor:
4574 (A) any theft, any robbery, or any burglary with intent to commit theft;
4575 (B) any offense under Part 5, Fraud; or
4576 (C) any attempt to commit any offense under Subsection (3)(b)(ii)(A) or (B);
4577 (iii) (A) the value of the library materials is or exceeds $500 but is less than $1,500;
4578 (B) the theft occurs on a property where the offender has committed any theft within
4579 the past five years; and
4580 (C) the offender has received written notice from the library if the library has complied
4581 with the provisions of Subsection 78B-3-108(4) governing notice by a merchant; or
4582 (iv) the actor has been previously convicted of a felony violation of any of the offenses
4583 listed in Subsections (3)(b)(ii)(A) through (3)(b)(ii)(C), if the prior offense was committed
4584 within 10 years before the date of the current conviction or the date of the offense upon which
4585 the current conviction is based;
4586 (c) a class A misdemeanor if:
4587 (i) the value of the library materials stolen is or exceeds $500 but is less than $1,500;
4588 (ii) (A) the value of the library materials is less than $500;
4589 (B) the theft occurs on a property where the offender has committed any theft within
4590 the past five years; and
4591 (C) the offender has received written notice from the library if the library has complied
4592 with the provisions of Subsection 78B-3-108(4) governing notice by a merchant; or
4593 (iii) the actor has been twice before convicted of any of the offenses listed in
4594 Subsections (3)(b)(ii)(A) through (3)(b)(ii)(C), if each prior offense was committed within 10
4595 years before the date of the current conviction or the date of the offense upon which the current
4596 conviction is based; or
4597 (d) a class B misdemeanor if the value of the library materials stolen is less than $500
4598 and the theft is not an offense under Subsection (3)(c).
4599 Section 113. Section 76-6-803.30 is amended to read:
4600 76-6-803.30. Failure to return library material -- Written notice.
4601 (1) (a) [
4602 (i) "Library" means the same as that term is defined in Section 76-6-801.
4603 (ii) "Library materials" means the same as that term is defined in Section 76-6-801.
4604 (b) Terms defined in Section 76-1-101.5 apply to this section.
4605 (2) (a) An actor is guilty of failure to return library materials if the actor, having
4606 possession or having been in possession of library materials[
4607 [
4608 demanding return of the materials; or
4609 [
4610 materials within 30 days after being notified.
4611 [
4612 delivering the notice with a statement as to the date, place, and manner of delivery, or upon
4613 proof that the notice was mailed postage prepaid, via the United States Postal Service, to the
4614 current address listed for the person in the library records.
4615 (3) A violation of Subsection (2) is:
4616 (a) a second degree felony if the value of the library materials is or exceeds $5,000;
4617 (b) a third degree felony if:
4618 (i) the value of the library materials is or exceeds $1,500 but is less than $5,000;
4619 (ii) the value of the library materials is or exceeds $500 and the actor has been twice
4620 before convicted of any of the following offenses, if each prior offense was committed within
4621 10 years before the date of the current conviction or the date of the offense upon which the
4622 current conviction is based and at least one of those convictions is for a class A misdemeanor:
4623 (A) any theft, any robbery, or any burglary with intent to commit theft;
4624 (B) any offense under Part 5, Fraud; or
4625 (C) any attempt to commit any offense under Subsection (3)(b)(ii)(A) or (B);
4626 (iii) (A) the value of the library materials is or exceeds $500 but is less than $1,500;
4627 (B) the theft occurs on a property where the offender has committed any theft within
4628 the past five years; and
4629 (C) the offender has received written notice from the library if the library has complied
4630 with the provisions of Subsection 78B-3-108(4) governing notice by a merchant; or
4631 (iv) the actor has been previously convicted of a felony violation of any of the offenses
4632 listed in Subsections (3)(b)(ii)(A) through (3)(b)(ii)(C), if the prior offense was committed
4633 within 10 years before the date of the current conviction or the date of the offense upon which
4634 the current conviction is based;
4635 (c) a class A misdemeanor if:
4636 (i) the value of the library materials stolen is or exceeds $500 but is less than $1,500;
4637 (ii) (A) the value of the library materials is less than $500;
4638 (B) the theft occurs on a property where the offender has committed any theft within
4639 the past five years; and
4640 (C) the offender has received written notice from the library if the library has complied
4641 with the provisions of Subsection 78B-3-108(4) governing notice by a merchant; or
4642 (iii) the actor has been twice before convicted of any of the offenses listed in
4643 Subsections (3)(b)(ii)(A) through (3)(b)(ii)(C), if each prior offense was committed within 10
4644 years before the date of the current conviction or the date of the offense upon which the current
4645 conviction is based; or
4646 (d) a class B misdemeanor if the value of the library material stolen is less than $500
4647 and the theft is not an offense under Subsection (3)(c).
4648 Section 114. Section 76-6-803.60 is amended to read:
4649 76-6-803.60. Detention of theft suspect by library employee -- Purposes.
4650 (1) (a) As used in this section:
4651 (i) "Library" means the same as that term is defined in Section 76-6-801.
4652 (ii) "Library materials" means the same as that term is defined in Section 76-6-801.
4653 (b) Terms defined in Section 76-1-101.5 apply to this section.
4654 (2) Any employee of the library who has probable cause to believe that a person has
4655 committed library theft may detain the person, on or off the premises of a library, in a
4656 reasonable manner and for a reasonable length of time for all or any of the following purposes:
4657 (a) to make reasonable inquiry as to whether the person has in his possession concealed
4658 library materials;
4659 (b) to request identification;
4660 (c) to verify identification;
4661 (d) to make a reasonable request of the person to place or keep in full view any library
4662 materials the individual may have removed, or which the employee has reason to believe he
4663 may have removed, from its place of display or elsewhere, whether for examination, or for any
4664 other reasonable purpose;
4665 (e) to inform a peace officer of the detention of the person and surrender that person to
4666 the custody of a peace officer; or
4667 (f) in the case of a minor, to inform a peace officer, the parents, guardian, or other
4668 private person interested in the welfare of the minor as soon as possible of this detention and to
4669 surrender custody of the minor to this person.
4670 [
4671 only if the detention is pursuant to an immediate pursuit of the person.
4672 Section 115. Section 76-6-803.90 is amended to read:
4673 76-6-803.90. Liability -- Defense -- Probable cause -- Reasonableness.
4674 (1) (a) As used in this section, "library" means the same as that term is defined in
4675 Section 76-6-801.
4676 (b) Terms defined in Section 76-1-101.5 apply to this section.
4677 (2) In any action for false arrest, false imprisonment, unlawful detention, defamation of
4678 character, assault, trespass, or invasion of civil rights brought by any person detained by an
4679 employee of the library, it is a defense to the action that the employee of the library detaining
4680 the person had probable cause to believe that the person had committed library theft and that
4681 the employee acted reasonably under all circumstances.
4682 Section 116. Section 76-6-902 is amended to read:
4683 76-6-902. Antiquities alteration, removal, injury, or destruction.
4684 (1) [
4685
4686 (2) An actor commits antiquities alteration, removal, injury, or destruction if the actor:
4687 (a) intentionally alters, removes, injures, or destroys antiquities from state lands or
4688 private lands without the landowner's consent[
4689 (b) counsels, procures, solicits, or employs another person to violate Subsection (2)(a).
4690 (3) (a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class
4691 B misdemeanor.
4692 (b) A violation of Subsection (2) is a third degree felony if:
4693 (i) the violation is the actor's second or subsequent violation of this section, Section
4694 76-6-902.1, or Section 76-6-902.2; or
4695 (ii) the amount at issue, as calculated under Subsection (3)(c), exceeds $500.
4696 (c) The amount described in Subsection (3)(b)(ii) is calculated by adding together:
4697 (i) the commercial or archaeological value of the antiquities involved in the violation;
4698 and
4699 (ii) the cost of the restoration and repair of the antiquities involved in the violation.
4700 (d) An actor shall surrender to the landowner all articles and material discovered,
4701 collected, excavated, or offered for sale or exchange in violation of this section.
4702 [
4703
4704
4705
4706
4707 Section 117. Section 76-6-902.1 is enacted to read:
4708 76-6-902.1. Unlawful creation, labeling, or sale of reproduction of antiquities.
4709 (1) Terms defined in Sections 76-1-101.5 and 76-6-901 apply to this section.
4710 (2) An actor commits unlawful reproduction, labeling, or sale of reproduction of
4711 antiquities if the actor:
4712 (a) with the intent to represent one or more objects as original and genuine antiquities,
4713 intentionally:
4714 (i) reproduces, reworks, or forges antiquities; or
4715 (ii) (A) makes an object, whether as a copy or not; or
4716 (B) falsely labels, describes, identifies, or offers for sale or exchange an object; or
4717 (b) counsels, procures, solicits, or employs another person to violate Subsection (2)(a).
4718 (3) (a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class
4719 B misdemeanor.
4720 (b) A violation of Subsection (2) is a third degree felony if:
4721 (i) the violation is the actor's second or subsequent violation of this section, Section
4722 76-6-902, or Section 76-6-902.2; or
4723 (ii) the amount at issue, as calculated under Subsection (3)(c), exceeds $500.
4724 (c) The amount described in Subsection (3)(b)(ii) is calculated by adding together:
4725 (i) the commercial or archaeological value of the antiquities involved in the violation;
4726 and
4727 (ii) the cost of the restoration and repair of the antiquities involved in the violation.
4728 (d) An actor shall surrender to the landowner all articles and material discovered,
4729 collected, excavated, or offered for sale or exchange in violation of this section.
4730 Section 118. Section 76-6-902.2 is enacted to read:
4731 76-6-902.2. Unlawful sale or exchange of antiquities.
4732 (1) Terms defined in Sections 76-1-101.5 and 76-6-901 apply to this section.
4733 (2) An actor commits unlawful sale or exchange of antiquities if the actor:
4734 (a) offers for sale or exchange an object that was collected or excavated in violation of
4735 Section 76-6-902; or
4736 (b) counsels, procures, solicits, or employs another person to violate Subsection (2)(a).
4737 (3) (a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class
4738 B misdemeanor.
4739 (b) A violation of Subsection (2) is a third degree felony if:
4740 (i) the violation is the actor's second or subsequent violation of this section, Section
4741 76-6-902, or Section 76-6-902.1; or
4742 (ii) the amount at issue, as calculated under Subsection (3)(c), exceeds $500.
4743 (c) The amount described in Subsection (3)(b)(ii) is calculated by adding together:
4744 (i) the commercial or archaeological value of the antiquities involved in the violation;
4745 and
4746 (ii) the cost of the restoration and repair of the antiquities involved in the violation.
4747 (d) An actor shall surrender to the landowner all articles and material discovered,
4748 collected, excavated, or offered for sale or exchange in violation of this section.
4749 Section 119. Section 76-6-1001 is amended to read:
4750 76-6-1001. Definitions.
4751 As used in this part:
4752 (1) "Common mail carrier" means a person engaged in or transacting the business of
4753 collecting, transporting, or delivering mail, other than the United States Postal Service.
4754 (2) "Key" means any instrument used by the postal service and postal customer, and
4755 which is designed to operate the lock on a mail receptacle.
4756 (3) "Mail" means any letter, card, parcel, or other material, along with its contents, that:
4757 (a) has postage affixed by the postal customer or postal service;
4758 (b) has been accepted for delivery by the postal service;
4759 (c) the postal customer leaves for collection by the postal service; or
4760 (d) the postal service delivers to the postal customer.
4761 (4) "Mail receptacle" means a mail box, post office box, rural box, or any place or area
4762 intended or used by postal customers or a postal service for the collection or delivery of mail.
4763 (5) "Personal identifying information" means the same as that term is defined in
4764 Section [
4765 (6) "Postage" means a postal service stamp, permit imprint, meter strip, or other
4766 indication of either prepayment for postal service provided or authorization by the postal
4767 service for collection and delivery of mail.
4768 (7) "Postal service" means the United States Postal Service or a private common mail
4769 carrier.
4770 Section 120. Section 76-6-1002 is amended to read:
4771 76-6-1002. Damage to mail receptacle.
4772 (1) [
4773 76-6-1001 apply to this section.
4774 (2) An actor commits damage to a mail receptacle if the [
4775 damages the condition of a mail receptacle, including:
4776 (a) taking, concealing, damaging, or destroying a key; or
4777 (b) breaking open, tearing down, taking, damaging, or destroying a mail receptacle.
4778 [
4779
4780 (i) second degree felony if the actor's conduct causes or is intended to cause pecuniary
4781 loss equal to or in excess of $5,000 in value;
4782 (ii) third degree felony if the actor's conduct causes or is intended to cause pecuniary
4783 loss equal to or in excess of $1,500 but is less than $5,000 in value;
4784 (iii) class A misdemeanor if the actor's conduct causes or is intended to cause
4785 pecuniary loss equal to or in excess of $500 but is less than $1,500 in value; and
4786 (iv) class B misdemeanor if the actor's conduct causes or is intended to cause pecuniary
4787 loss less than $500 in value.
4788 (b) If the act committed amounts to an offense subject to a greater penalty, [
4789
4790 offense.
4791 (4) The following presumptions and defenses shall be applicable to this section:
4792 (a) possession of property recently stolen, when no satisfactory explanation of such
4793 possession is made, is prima facie evidence that the actor in possession stole the property;
4794 (b) it is no defense under this part that the actor has an interest in the property or
4795 service stolen if another person also has an interest that the actor is not entitled to infringe,
4796 provided an interest in property for purposes of this Subsection (4)(b) shall not include a
4797 security interest for the repayment of a debt or obligation; and
4798 (c) it is a defense under this section that the actor:
4799 (i) acted under an honest claim of right to the property or service involved;
4800 (ii) acted in the honest belief that the actor had the right to obtain or exercise control
4801 over the property or service as the actor did; or
4802 (iii) obtained or exercised control over the property or service honestly believing that
4803 the owner, if present, would have consented.
4804 Section 121. Section 76-6-1003 is amended to read:
4805 76-6-1003. Mail theft.
4806 (1) [
4807 76-6-1001 apply to this section.
4808 (2) An actor commits mail theft if the [
4809 (a) knowingly, and with the intent to deprive another:
4810 (i) takes, destroys, hides, or embezzles mail; or
4811 (ii) obtains any mail by fraud or deception; or
4812 (b) buys, receives, conceals, or possesses mail and knows or reasonably should have
4813 known that the mail was unlawfully taken or obtained.
4814 [
4815 (a) a third degree felony;
4816 (b) a class A misdemeanor, if the mail has no monetary value and does not include the
4817 name of an individual; or
4818 (c) a second degree felony, if the mail contains the personal identifying information of
4819 10 or more individuals.
4820 (4) The following presumptions and defenses shall be applicable to this section:
4821 (a) possession of property recently stolen, when no satisfactory explanation of such
4822 possession is made, is prima facie evidence that the actor in possession stole the property;
4823 (b) it is no defense under this section that the actor has an interest in the property or
4824 service stolen if another person also has an interest that the actor is not entitled to infringe,
4825 provided an interest in property for purposes of this Subsection (4)(b) shall not include a
4826 security interest for the repayment of a debt or obligation; and
4827 (c) it is a defense under this section that:
4828 (i) the actor acted under an honest claim of right to the property or service involved;
4829 (ii) the actor acted in the honest belief that the actor had the right to obtain or exercise
4830 control over the property or service as the actor did;
4831 (iii) the actor obtained or exercised control over the property or service honestly
4832 believing that the owner, if present, would have consented;
4833 (iv) the actor was unaware that the mail belonged to another person;
4834 (v) the actor reasonably believed the actor was entitled to the mail or had a right to
4835 acquire or dispose of the mail as the actor did; or
4836 (vi) the mail belonged to the actor's spouse, unless the parties were either legally
4837 separated or living in separate residences at the time of the alleged mail theft.
4838 Section 122. Section 76-6-1101 is repealed and reenacted to read:
4839 76-6-1101. Definitions.
4840 (1) As used in this part:
4841 (a) "Personal identifying information" may include:
4842 (i) name;
4843 (ii) birth date;
4844 (iii) address;
4845 (iv) telephone number;
4846 (v) driver license number;
4847 (vi) social security number;
4848 (vii) place of employment;
4849 (viii) employee identification numbers or other personal identification numbers;
4850 (ix) mother's maiden name;
4851 (x) electronic identification numbers;
4852 (xi) electronic signatures under Title 46, Chapter 4, Uniform Electronic Transactions
4853 Act;
4854 (xii) any other numbers or information that can be used to access a person's financial
4855 resources or medical information, except for numbers or information that can be prosecuted as
4856 financial transaction card offenses under Sections 76-6-506, 76-6-506.2, 76-6-506.3, and
4857 76-6-506.6; or
4858 (xiii) a photograph or any other realistic likeness.
4859 (b) "Restitution" means the same as that term is defined in Section 77-38b-102.
4860 Section 123. Section 76-6-1102 is amended to read:
4861 76-6-1102. Identity fraud.
4862 [
4863 [
4864 [
4865 [
4866 [
4867 [
4868 [
4869 [
4870 [
4871 [
4872 [
4873 [
4874 [
4875
4876 [
4877
4878
4879 [
4880 [
4881 (1) Terms defined in Sections 76-1-101.5 and 76-6-1101 apply to this section.
4882 (2) [
4883 identity fraud if the actor knowingly or intentionally uses, or attempts to use, the personal
4884 identifying information of another person, whether that person is alive or deceased, with
4885 fraudulent intent, including to obtain, or attempt to obtain, credit, goods, services, employment,
4886 any other thing of value, or medical information.
4887 [
4888
4889 (3) [
4890 (a) except as provided in Subsection (3)(b)(ii), a third degree felony if the value of the
4891 credit, goods, services, employment, or any other thing of value is less than $5,000; or
4892 (b) a second degree felony if:
4893 (i) the value of the credit, goods, services, employment, or any other thing of value is
4894 or exceeds $5,000; or
4895 (ii) the use described in Subsection [
4896 results, directly or indirectly, in bodily injury to another person.
4897 (4) (a) It is not a defense to a violation of Subsection (2) that the actor did not know
4898 that the personal information belonged to another person.
4899 (b) Multiple violations of Subsection (2) may be aggregated into a single offense, and
4900 the degree of the offense is determined by the total value of all credit, goods, services, or any
4901 other thing of value used, or attempted to be used, through the multiple violations.
4902 (5) (a) [
4903 order the defendant to pay restitution in accordance with Title 77, Chapter 38b, Crime Victims
4904 Restitution Act.
4905 [
4906 [
4907 replacement of checks; and
4908 [
4909 [
4910 [
4911 debt, lien, or other obligation of the victim or imputed to the victim and arising from the
4912 offense; and
4913 [
4914 incurred as a result of the offense.
4915 Section 124. Section 76-6-1105 is amended to read:
4916 76-6-1105. Unlawful possession of another's identification documents.
4917 (1) (a) As used in this section:
4918 [
4919 [
4920 [
4921 [
4922 identifying information as defined in [
4923 Subsection 76-6-1101(1)(a).
4924 [
4925 [
4926 [
4927 individual.
4928 [
4929 (b) Terms defined in Sections 76-1-101.5 and 76-6-1101 apply to this section.
4930 (2) (a) Under circumstances that do not constitute a violation of Section [
4931
4932 or 76-6-1102, an actor commits unlawful possession of another's identification documents if
4933 the actor:
4934 (i) obtains or possesses an identifying document:
4935 (A) with knowledge that the [
4936 identifying document; or
4937 (B) with intent to deceive or defraud; or
4938 (ii) assists another person in obtaining or possessing an identifying document:
4939 (A) with knowledge that the person is not entitled to obtain or possess the identifying
4940 document; or
4941 (B) with knowledge that the person intends to use the identifying document to deceive
4942 or defraud.
4943 (b) Under circumstances that do not constitute a violation of Section [
4944
4945 commits unlawful possession of another's identification documents if the actor:
4946 (i) obtains or possesses identifying documents of more than two, but fewer than 100,
4947 individuals:
4948 (A) with knowledge that the individual is not entitled to obtain or possess the
4949 identifying documents; or
4950 (B) with intent to deceive or defraud; or
4951 (ii) assists another person in obtaining or possessing identifying documents of more
4952 than two, but fewer than 100, individuals:
4953 (A) with knowledge that the person is not entitled to obtain or possess the multiple
4954 identifying documents; or
4955 (B) with knowledge that the person intends to use the identifying documents to deceive
4956 or defraud.
4957 (c) Under circumstances that do not constitute a violation of Section [
4958
4959 commits unlawful possession of another's identification documents if the actor:
4960 (i) obtains or possesses identifying documents of 100 or more individuals:
4961 (A) with knowledge that the individual is not entitled to obtain or possess the
4962 identifying documents; or
4963 (B) with intent to deceive or defraud; or
4964 (ii) assists another person in obtaining or possessing identifying documents of 100 or
4965 more individuals:
4966 (A) with knowledge that the person is not entitled to obtain or possess the identifying
4967 documents; or
4968 (B) with knowledge that the person intends to use the identifying documents to deceive
4969 or defraud.
4970 (3) A violation of:
4971 (a) Subsection (2)(a) is a class A misdemeanor;
4972 (b) Subsection (2)(b) is a third degree felony; or
4973 (c) Subsection (2)(c) is a second degree felony.
4974 Section 125. Section 76-6-1203 is amended to read:
4975 76-6-1203. Mortgage fraud.
4976 (1) [
4977 76-6-1202 apply to this section.
4978 (2) An actor commits mortgage fraud if the [
4979 with the intent to defraud:
4980 [
4981 during the mortgage lending process, intending that it be relied upon by a mortgage lender,
4982 borrower, or any other party to the mortgage lending process;
4983 [
4984 misrepresentation, or omission, during the mortgage lending process, intending that it be relied
4985 upon by a mortgage lender, borrower, or any other party to the mortgage lending process;
4986 [
4987 the [
4988 [
4989 loan that the [
4990 (3) (a) Notwithstanding any other administrative, civil, or criminal penalties, a
4991 violation of Subsection (2) is a:
4992 (i) class A misdemeanor if the value is or exceeds $500 but is less than $1,500;
4993 (ii) third degree felony if the value is or exceeds $1,500 but is less than $5,000;
4994 (iii) second degree felony if the value is or exceeds $5,000; and
4995 (iv) second degree felony if the object or purpose of the commission of an act of
4996 mortgage fraud is the obtaining of sensitive personal identifying information, regardless of the
4997 value.
4998 (b) The determination of the degree of any offense under Subsection (3)(a) is measured
4999 by the total value of all property, money, or things obtained or sought to be obtained by a
5000 violation of Subsection (2), except as provided in Subsection (3)(a)(iv).
5001 (4) Each residential or commercial property transaction offense under this section
5002 constitutes a separate violation.
5003 Section 126. Section 76-6-1303 is amended to read:
5004 76-6-1303. Possession, sale, or use of automated sales suppression device
5005 unlawful.
5006 (1) [
5007 apply to this section.
5008 (2) An actor commits possession, sale, or use of an automated sales suppression device
5009 if the actor willfully or knowingly [
5010 purchases, installs, transfers, uses, or possesses in this state any automated sales suppression
5011 device or phantomware with the intent to defraud[
5012
5013 (3) (a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a third
5014 degree felony.
5015 (b) A second or subsequent violation of Subsection (2)(b) is a second degree felony.
5016 [
5017 Subsection [
5018 would otherwise be due, but for the use of the automated sales suppression device or
5019 phantomware.
5020 [
5021 [
5022 under Section 59-1-402 that would otherwise be due, but for the use of the automated sales
5023 suppression device or phantomware to evade the payment of taxes; and
5024 [
5025 suppression device or phantomware.
5026 (4) An automated sales suppression device and any device containing an automated
5027 sales suppression device is contraband and subject to forfeiture under Title 24, Forfeiture and
5028 Disposition of Property Act.
5029 Section 127. Section 76-6-1403 is amended to read:
5030 76-6-1403. Requirements for records of sale or purchases.
5031 (1) Every dealer shall:
5032 (a) require the information under Subsection (2) for each transaction of regulated
5033 metal, except under Subsection 76-6-1406(4); and
5034 (b) maintain for each purchase of regulated metal the information required by this part
5035 in a written or electronic log, in the English language.
5036 (2) The dealer shall require the following information of the seller and shall record the
5037 information as required under Subsection (1) for each purchase of regulated metal:
5038 (a) a complete description of the regulated metal, including weight and metallic
5039 description, in accordance with scrap metal recycling industry standards;
5040 (b) the full name and residence of each person selling the regulated metal;
5041 (c) the vehicle type and license plate number, if applicable, of the vehicle transporting
5042 the regulated metal to the dealer;
5043 (d) the price per pound and the amount paid for each type of regulated metal purchased
5044 by the dealer;
5045 (e) the date, time, and place of the purchase;
5046 (f) the type and the identifying number of the identification provided in Subsection
5047 (2)(g);
5048 (g) a form of identification that is a valid United States federal or state-issued photo ID,
5049 which includes a driver license, a United States passport, a United States passport card, or a
5050 United States military identification card;
5051 (h) the seller's signature on a certificate stating that [
5052 sell the scrap metal or junk; and
5053 (i) a digital photograph or still video of the seller, taken at the time of the sale, or a
5054 clearly legible photocopy of the seller's identification.
5055 (3) No entry in the log may be erased, deleted, mutilated, or changed.
5056 (4) The log and entries shall be open to inspection by the following officials having
5057 jurisdiction over the area in which the dealer does business during regular business hours:
5058 (a) the county sheriff or deputies;
5059 (b) any law enforcement agency; and
5060 (c) any constable or other state, municipal, or county official in the county in which the
5061 dealer does business.
5062 (5) A dealer shall make these records available for inspection by any law enforcement
5063 agency, upon request, at the dealer's place of business during the dealer's regular business
5064 hours.
5065 (6) Log entries made under this section shall be maintained for not less than three years
5066 from date of entry.
5067 (7) (a) The dealer may maintain the information required by Subsection (2) for repeat
5068 sellers who use the same vehicle to bring regulated metal for each transaction in a relational
5069 database that allows the dealer to enter an initial record of the seller's information and then
5070 relate subsequent transaction records to that initial information, except under Subsection (7)(b).
5071 (b) The dealer shall obtain regarding each transaction with repeat sellers:
5072 (i) a photograph of the seller; and
5073 (ii) a signature from the seller.
5074 (8) A dealer who violates this section is subject to the penalties described in Section
5075 76-6-1403.1.
5076 Section 128. Section 76-6-1403.1 is enacted to read:
5077 76-6-1403.1. Unlawful conduct with respect to record of sale or purchase.
5078 (1) Terms defined in Sections 76-1-101.5 and 76-6-1402 apply to this section.
5079 (2) A dealer commits unlawful conduct with respect to record of sale or purchase if the
5080 dealer violates a requirement under Section 76-6-1403.
5081 (3) (a) (i) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a
5082 class C misdemeanor.
5083 (ii) A dealer who is convicted of a class C misdemeanor under this section is subject to
5084 a mandatory fine of no less than $750.
5085 (b) (i) A violation of Subsection (2) is a class A misdemeanor if the dealer previously
5086 has been convicted of a violation of this section or Section 76-6-1404.1, 76-6-1405.1,
5087 76-6-1406.1, or 76-6-1409.1.
5088 (ii) A dealer who is convicted of a class A misdemeanor under this section is subject to
5089 a mandatory fine of no less than $2,500.
5090 (4) (a) This section does not impair the authority of a county or municipality in this
5091 state to license, tax, and regulate any junk dealer or metal dealer, except that local regulations
5092 may not be any less stringent than the provisions in Section 76-6-1403 or this section.
5093 (b) This section does not impair the authority of a county or municipality to revoke or
5094 deny a business license or permit required by that county or municipality regulating the
5095 authority to sell, purchase, or possess metal, including the revocation or denial of a business
5096 license or permit based on a violation of Section 76-6-1403 or this section.
5097 (c) This section does not prohibit the charging of a seller or dealer with any other
5098 criminal offense related to the obtaining, possession, or selling of stolen regulated metals.
5099 Section 129. Section 76-6-1404 is amended to read:
5100 76-6-1404. Required notice to sellers of identification requirements.
5101 (1) A dealer shall at all times maintain in a prominent place at the dealer's place of
5102 business, in open view to a seller of regulated metal, a clearly legible notice in not less than
5103 two-inch high lettering that contains the following language: "A PERSON ATTEMPTING TO
5104 SELL ANY REGULATED METAL MUST PROVIDE IDENTIFICATION AS REQUIRED
5105 BY STATE LAW."
5106 (2) A dealer who violates this section is subject to the penalties described in Section
5107 76-6-1404.1.
5108 Section 130. Section 76-6-1404.1 is enacted to read:
5109 76-6-1404.1. Unlawful failure to maintain required notice to sellers.
5110 (1) Terms defined in Sections 76-1-101.5 and 76-6-1402 apply to this section.
5111 (2) A dealer commits unlawful failure to maintain required notice to sellers if the
5112 dealer violates a requirement under Section 76-6-1404.
5113 (3) (a) (i) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a
5114 class C misdemeanor.
5115 (ii) A dealer who is convicted of a class C misdemeanor under this section is subject to
5116 a mandatory fine of no less than $750.
5117 (b) (i) A violation of Subsection (2) is a class A misdemeanor if the dealer previously
5118 has been convicted of a violation of this section or Section 76-6-1403.1, 76-6-1405.1,
5119 76-6-1406.1, or 76-6-1409.1.
5120 (ii) A dealer who is convicted of a class A misdemeanor under this section is subject to
5121 a mandatory fine of no less than $2,500.
5122 (4) (a) This section does not impair the authority of a county or municipality in this
5123 state to license, tax, and regulate any junk dealer or metal dealer, except that local regulations
5124 may not be any less stringent than the provisions in Section 76-6-1404 or this section.
5125 (b) This section does not impair the authority of a county or municipality to revoke or
5126 deny a business license or permit required by that county or municipality regulating the
5127 authority to sell, purchase, or possess metal, including the revocation or denial of a business
5128 license or permit based on a violation of Section 76-6-1404 or this section.
5129 (c) This section does not prohibit the charging of a seller or dealer with any other
5130 criminal offense related to the obtaining, possession, or selling of stolen regulated metals.
5131 Section 131. Section 76-6-1405 is amended to read:
5132 76-6-1405. Qualifications to sell to dealer.
5133 (1) A dealer may not purchase regulated metal from a person younger than 18 years [
5134
5135 (2) If the person is unable to comply with all the identification requirements of
5136 Subsection 76-6-1403(2), the dealer may not conduct a transaction of regulated metal with that
5137 person.
5138 (3) A dealer who violates this section is subject to the penalties described in Section
5139 76-6-1405.1.
5140 Section 132. Section 76-6-1405.1 is enacted to read:
5141 76-6-1405.1. Unlawful failure to comply with qualifications to sell to dealer.
5142 (1) Terms defined in Sections 76-1-101.5 and 76-6-1402 apply to this section.
5143 (2) A dealer commits unlawful failure to comply with qualifications to sell to dealer if
5144 the dealer violates a requirement under Section 76-6-1405.
5145 (3) (a) (i) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a
5146 class C misdemeanor.
5147 (ii) A dealer who is convicted of a class C misdemeanor under this section is subject to
5148 a mandatory fine of no less than $750.
5149 (b) (i) A violation of Subsection (2) is a class A misdemeanor if the dealer previously
5150 has been convicted of a violation of this section or Section 76-6-1403.1, 76-6-1404.1,
5151 76-6-1406.1, or 76-6-1409.1.
5152 (ii) A dealer who is convicted of a class A misdemeanor under this section is subject to
5153 a mandatory fine of no less than $2,500.
5154 (4) (a) This section does not impair the authority of a county or municipality in this
5155 state to license, tax, and regulate any junk dealer or metal dealer, except that local regulations
5156 may not be any less stringent than the provisions in Section 76-6-1405 or this section.
5157 (b) This section does not impair the authority of a county or municipality to revoke or
5158 deny a business license or permit required by that county or municipality regulating the
5159 authority to sell, purchase, or possess metal, including the revocation or denial of a business
5160 license or permit based on a violation of Section 76-6-1405 or this section.
5161 (c) This section does not prohibit the charging of a seller or dealer with any other
5162 criminal offense related to the obtaining, possession, or selling of stolen regulated metals.
5163 Section 133. Section 76-6-1406 is amended to read:
5164 76-6-1406. Restrictions on the purchase of regulated metal -- Exemption.
5165 (1) A dealer may conduct purchase transactions involving regulated metal only
5166 between the hours of 6 a.m. and 7 p.m.
5167 (2) Except when the dealer pays a government entity by check for regulated metal, the
5168 dealer may not purchase any of the following regulated metal without obtaining and keeping on
5169 file reasonable documentation that the seller is an employee, agent, or contractor of a
5170 governmental entity who is authorized to sell the item of regulated metal property on behalf of
5171 the governmental entity:
5172 (a) a manhole cover or sewer grate;
5173 (b) an electric light pole; or
5174 (c) a guard rail.
5175 (3) (a) A dealer may not purchase suspect metal without obtaining the information
5176 under Subsection (3)(b) identifying the owner of the suspect metal.
5177 (b) The owner of the suspect metal shall provide in writing:
5178 (i) the owner's telephone number;
5179 (ii) the owner's business or residential address, which may not be a post box;
5180 (iii) a copy of the owner's driver license; and
5181 (iv) a signed statement that the person is the lawful owner of the suspect metal and
5182 authorizes the seller, identified by name, to sell the suspect metal.
5183 (c) The dealer shall keep the identifying information provided in Subsection (3)(b) on
5184 file for not less than one year.
5185 (4) Transactions with businesses that have an established account with the dealer are
5186 exempt from the requirements of Subsections (2) and (3) if the business holds a valid business
5187 license, and:
5188 (a) (i) the dealer has on file a statement from the business identifying those employees
5189 authorized to sell all metals to the dealer; and
5190 (ii) the dealer conducts regulated metal transactions only with those identified
5191 employees of the business and records the name of the employee when recording the
5192 transaction;
5193 (b) the dealer has on file reasonable documentation from the business that any person
5194 verified as representing the business as an employee, and whom the dealer has verified is an
5195 employee, may sell regulated metal; or
5196 (c) the dealer makes payment for regulated metal purchased from a person by issuing a
5197 check to the business employing the seller.
5198 (5) If a dealer is a catalytic converter purchaser as defined in Section 13-32a-102, the
5199 dealer shall comply with the requirements in Title 13, Chapter 32a, Pawnshop, Secondhand
5200 Merchandise, and Catalytic Converter Transaction Information Act.
5201 (6) A dealer who violates this section is subject to the penalties described in Section
5202 76-6-1406.1.
5203 Section 134. Section 76-6-1406.1 is enacted to read:
5204 76-6-1406.1. Unlawful failure to follow restrictions on the purchase of regulated
5205 metal.
5206 (1) Terms defined in Sections 76-1-101.5 and 76-6-1402 apply to this section.
5207 (2) A dealer commits unlawful failure to follow restrictions on the purchase of
5208 regulated metal if the dealer violates a requirement under Section 76-6-1406.
5209 (3) (a) (i) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a
5210 class C misdemeanor.
5211 (ii) A dealer who is convicted of a class C misdemeanor under this section is subject to
5212 a mandatory fine of no less than $750.
5213 (b) (i) A violation of Subsection (2) is a class A misdemeanor if the dealer previously
5214 has been convicted of a violation of this section or Section 76-6-1403.1, 76-6-1404.1,
5215 76-6-1405.1, or 76-6-1409.1.
5216 (ii) A dealer who is convicted of a class A misdemeanor under this section is subject to
5217 a mandatory fine of no less than $2,500.
5218 (4) (a) This section does not impair the authority of a county or municipality in this
5219 state to license, tax, and regulate any junk dealer or metal dealer, except that local regulations
5220 may not be any less stringent than the provisions in Section 76-6-1406 or this section.
5221 (b) This section does not impair the authority of a county or municipality to revoke or
5222 deny a business license or permit required by that county or municipality regulating the
5223 authority to sell, purchase, or possess metal, including the revocation or denial of a business
5224 license or permit based on a violation of Section 76-6-1406 or this section.
5225 (c) This section does not prohibit the charging of a seller or dealer with any other
5226 criminal offense related to the obtaining, possession, or selling of stolen regulated metals.
5227 Section 135. Section 76-6-1408 is amended to read:
5228 76-6-1408. Falsification of seller's statement to dealer.
5229 (1) [
5230
5231 76-6-1402 apply to this section.
5232 (2) An actor commits falsification of seller's statement to dealer if the actor:
5233 (a) sells, offers to sell, or attempts to sell regulated metal; and
5234 (b) in providing information required by Section 76-6-1403, 76-6-1405, or 76-6-1406
5235 willfully makes a false statement or provides any untrue information[
5236
5237 [
5238
5239 [
5240 a class B misdemeanor.
5241 (ii) An actor who is convicted of a class B misdemeanor under this section is subject to
5242 a mandatory fine of no less than $1,000.
5243 (b) (i) A violation of Subsection [
5244 misdemeanor if the actor previously has been convicted of a violation of [
5245
5246 [
5247 section is subject to a mandatory fine of no less than $2,500.
5248 Section 136. Section 76-6-1409 is amended to read:
5249 76-6-1409. Hold on stolen regulated metal property -- Hold notice.
5250 (1) (a) If a law enforcement agency has reasonable cause to believe that items of
5251 regulated metal in the possession of a dealer are stolen, the law enforcement agency may issue
5252 a written hold notice.
5253 (b) The hold notice described in Subsection (1)(a) shall:
5254 [
5255 and
5256 [
5257 under Subsection (2).
5258 (2) For 60 days after the date of receiving a hold notice, a dealer may not process or
5259 remove from the dealer's place of business any regulated metal identified in the hold notice,
5260 unless the property is released earlier by the law enforcement agency or by order of a court of
5261 competent jurisdiction.
5262 (3) On the expiration of the hold notice period, the hold is automatically released, and
5263 the dealer may dispose of the regulated metal, unless otherwise directed by a court of
5264 competent jurisdiction.
5265 (4) A dealer who violates this section is subject to the penalties described in Section
5266 76-6-1409.1.
5267 Section 137. Section 76-6-1409.1 is enacted to read:
5268 76-6-1409.1. Unlawful violation of regulated metal hold requirement.
5269 (1) Terms defined in Sections 76-1-101.5 and 76-6-1402 apply to this section.
5270 (2) A dealer commits unlawful violation of regulated metal hold requirement if the
5271 dealer violates a requirement under Section 76-6-1409.
5272 (3) (a) (i) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a
5273 class C misdemeanor.
5274 (ii) A dealer who is convicted of a class C misdemeanor under this section is subject to
5275 a mandatory fine of no less than $750.
5276 (b) (i) A violation of Subsection (2) is a class A misdemeanor if the dealer previously
5277 has been convicted of a violation of this section or Section 76-6-1403.1, 76-6-1404.1,
5278 76-6-1405.1, or 76-6-1406.1.
5279 (ii) A dealer who is convicted of a class A misdemeanor under this section is subject to
5280 a mandatory fine of no less than $2,500.
5281 (4) (a) This section does not impair the authority of a county or municipality in this
5282 state to license, tax, and regulate any junk dealer or metal dealer, except that local regulations
5283 may not be any less stringent than the provisions in Section 76-6-1409 or this section.
5284 (b) This section does not impair the authority of a county or municipality to revoke or
5285 deny a business license or permit required by that county or municipality regulating the
5286 authority to sell, purchase, or possess metal, including the revocation or denial of a business
5287 license or permit based on a violation of Section 76-6-1409 or this section.
5288 (c) This section does not prohibit the charging of a seller or dealer with any other
5289 criminal offense related to the obtaining, possession, or selling of stolen regulated metals.
5290 Section 138. Section 76-6a-101, which is renumbered from Section 76-6a-2 is
5291 renumbered and amended to read:
5292 [
5293 As used in this chapter:
5294 (1) (a) (i) "Compensation" means money, money bonuses, overrides, prizes, or other
5295 real or personal property, tangible or intangible.
5296 [
5297 services to anyone purchasing the goods or services for actual personal use or consumption.
5298 [
5299 (i) payment for sales demonstration equipment [
5300 use in making sales and not for resale[
5301 (ii) time or effort spent in selling or recruiting activities.
5302 [
5303 legal or commercial entity.
5304 [
5305 consideration to another person in exchange for compensation or the right to receive
5306 compensation [
5307 sales device or plan rather than from the sale of goods, services, or other property.
5308 (2) Terms defined in Section 76-1-101.5 apply to this part.
5309 Section 139. Section 76-6a-102 is enacted to read:
5310 76-6a-102. Conducting pyramid scheme -- Violation as deceptive consumer sales
5311 practice -- Prosecution of civil violation.
5312 (1) Terms defined in Section 76-1-101.5 apply to this section.
5313 (2) An actor commits the offense of conducting a pyramid scheme if the actor
5314 knowingly organizes, establishes, promotes, or administers a pyramid scheme.
5315 (3) A violation of Subsection (2) is a third degree felony.
5316 (4) It is not a defense to an action brought under this section that:
5317 (a) the sales device or plan limits the number of persons who may be introduced into
5318 the sales device or plan;
5319 (b) the sales device or plan includes additional conditions affecting eligibility for
5320 introduction into the sales device or plan or when compensation may be received from the sales
5321 device or plan; or
5322 (c) a person receives property or services in addition to the compensation or right to
5323 receive compensation in connection with a pyramid scheme.
5324 (5) The appropriate county attorney or district attorney has primary responsibility for
5325 investigating and prosecuting a criminal violation of this section.
5326 (6) (a) A violation under this section constitutes a violation of Section 13-11-4.
5327 (b) A criminal conviction under this section is prima facie evidence of a violation of
5328 Section 13-11-4.
5329 (c) In addition to prosecution under this section, a violation of this section shall be
5330 civilly investigated and prosecuted as prescribed by Title 13, Chapter 11, Utah Consumer Sales
5331 Practices Act.
5332 Section 140. Section 76-6a-103 is enacted to read:
5333 76-6a-103. Participating in pyramid scheme -- Violation as deceptive consumer
5334 sales practice -- Prosecution of civil violation.
5335 (1) Terms defined in Section 76-1-101.5 apply to this section.
5336 (2) An actor commits the offense of participating in a pyramid scheme if the actor
5337 participates in a pyramid scheme only by receiving compensation for the introduction of
5338 another person into the pyramid scheme rather than from the sale of goods, services, or other
5339 property.
5340 (3) A violation of Subsection (2) is a class B misdemeanor.
5341 (4) It is not a defense to an action brought under this section that:
5342 (a) the sales device or plan limits the number of persons who may be introduced into
5343 the sales device or plan;
5344 (b) the sales device or plan includes additional conditions affecting eligibility for
5345 introduction into the sales device or plan or when compensation may be received from the sales
5346 device or plan; or
5347 (c) a person receives property or services in addition to the compensation or right to
5348 receive compensation in connection with a pyramid scheme.
5349 (5) The appropriate county attorney or district attorney has primary responsibility for
5350 investigating and prosecuting a criminal violation of this section.
5351 (6) (a) A violation under this section constitutes a violation of Section 13-11-4.
5352 (b) A criminal conviction under this section is prima facie evidence of a violation of
5353 Section 13-11-4.
5354 (c) In addition to prosecution under this section, a violation of this section shall be
5355 civilly investigated and prosecuted as prescribed by Title 13, Chapter 11, Utah Consumer Sales
5356 Practices Act.
5357 Section 141. Section 76-6a-104, which is renumbered from Section 76-6a-6 is
5358 renumbered and amended to read:
5359 [
5360 scheme.
5361 (1) (a) Any person giving consideration in connection with a pyramid scheme may,
5362 notwithstanding any agreement to the contrary, declare [
5363 consideration and the related sale or contract for sale void, and may bring a court action to
5364 recover the consideration.
5365 (b) In [
5366 to any judgment awarded to the plaintiff, require the defendant to pay to the plaintiff interest as
5367 provided in Section 15-1-4, reasonable attorneys' fees, and the costs of the action reduced by
5368 any compensation paid by the defendant to the plaintiff in connection with the pyramid scheme.
5369 (2) (a) The rights, remedies, and penalties provided in this chapter are independent of
5370 and supplemental to each other and to any other right, remedy or penalty available in law or
5371 equity.
5372 (b) Nothing contained in this chapter shall be construed to diminish or abrogate any
5373 other right, remedy or penalty.
5374 Section 142. Section 76-9-201 is amended to read:
5375 76-9-201. Electronic communication harassment -- Definitions -- Penalties.
5376 (1) As used in this section:
5377 (a) "Adult" means an individual 18 years [
5378 (b) "Electronic communication" means a communication by electronic,
5379 electro-mechanical, or electro-optical communication device for the transmission and reception
5380 of audio, image, or text but does not include broadcast transmissions or similar
5381 communications that are not targeted at a specific individual.
5382 (c) "Electronic communication device" includes a telephone, a facsimile machine,
5383 electronic mail, a pager, a computer, or another device or medium that can be used to
5384 communicate electronically.
5385 (d) "Minor" means an individual who is younger than 18 years [
5386 (e) "Personal identifying information" means the same as that term is defined in
5387 Section [
5388 (2) Except to the extent the person's conduct constitutes an offense under Section
5389 76-9-203, a person is guilty of electronic communication harassment and subject to prosecution
5390 in the jurisdiction where the communication originated or was received if with intent to
5391 intimidate, abuse, threaten, harass, frighten, or disrupt the electronic communications of
5392 another, the person:
5393 (a) (i) makes repeated contact by means of electronic communications, regardless of
5394 whether a conversation ensues; or
5395 (ii) after the recipient has requested or informed the person not to contact the recipient,
5396 and the person repeatedly or continuously:
5397 (A) contacts the electronic communication device of the recipient; or
5398 (B) causes an electronic communication device of the recipient to ring or to receive
5399 other notification of attempted contact by means of electronic communication;
5400 (b) makes contact by means of electronic communication and insults, taunts, or
5401 challenges the recipient of the communication or any person at the receiving location in a
5402 manner likely to provoke a violent or disorderly response;
5403 (c) makes contact by means of electronic communication and threatens to inflict injury,
5404 physical harm, or damage to any person or the property of any person; or
5405 (d) causes disruption, jamming, or overload of an electronic communication system
5406 through excessive message traffic or other means utilizing an electronic communication device.
5407 (3) A person is guilty of electronic communication harassment if the person:
5408 (a) electronically publishes, posts, or otherwise discloses personal identifying
5409 information of another individual in a public online site or forum with the intent to abuse,
5410 threaten, or disrupt the other individual's electronic communication and without the other
5411 individual's permission; or
5412 (b) sends a communication by electronic mail, instant message, or other similar means,
5413 if:
5414 (i) the communication references personal identifying information of another
5415 individual; [
5416 (ii) the person sends the communication:
5417 (A) without the individual's consent; and
5418 (B) with the intent to cause a recipient of the communication to reasonably believe that
5419 the individual authorized or sent the communication; and
5420 (iii) with the intent to:
5421 (A) cause an individual physical, emotional, or economic injury or damage; or
5422 (B) defraud an individual.
5423 (4) (a) Electronic communication harassment is a class B misdemeanor.
5424 (b) A second or subsequent offense of electronic communication harassment is a class
5425 A misdemeanor.
5426 (5) (a) Except as provided under Subsection (5)(b), criminal prosecution under this
5427 section does not affect an individual's right to bring a civil action for damages suffered as a
5428 result of the commission of an offense under this section.
5429 (b) This section does not create a civil cause of action based on electronic
5430 communications made for legitimate business purposes.
5431 Section 143. Section 76-10-204 is amended to read:
5432 76-10-204. Damaging bridge, dam, canal, or other water-related structure.
5433 (1) A person is guilty of a third degree felony who intentionally, knowingly, or
5434 recklessly commits an offense under Subsection (2) that does not amount to a violation of
5435 Subsection [
5436 (2) Offenses referred to in Subsection (1) are when a person:
5437 (a) cuts, breaks, damages, or destroys any bridge, dam, canal, flume, aqueduct, levee,
5438 embankment, reservoir, or other structure erected to create hydraulic power, to drain or reclaim
5439 any swamp and overflowed or marsh land, to conduct water for mining, manufacturing,
5440 reclamation, or agricultural purposes, or for the supply of the inhabitants of any city or town;
5441 (b) makes or causes to be made any aperture in any dam, canal, flume, aqueduct,
5442 reservoir, embankment, levee, or structure with intent to injure or destroy it; or
5443 (c) draws up, cuts, or injures any piles fixed in the ground and used for securing any
5444 lake or river bank or walls or any dock, quay, jetty, or lock.
5445 Section 144. Section 76-10-1302 is amended to read:
5446 76-10-1302. Prostitution.
5447 (1) An actor, except for a child under Section 76-10-1315, is guilty of prostitution if
5448 the actor engages in sexual activity with another individual for a fee, or the functional
5449 equivalent of a fee.
5450 (2) (a) Except as provided in Subsection (2)(b) and Section 76-10-1309, a violation of
5451 Subsection (1) is a class B misdemeanor.
5452 (b) Except as provided in Section 76-10-1309, an actor who is convicted a second time,
5453 and on all subsequent convictions, of a subsequent offense of prostitution under this section or
5454 under a local ordinance adopted under Section 76-10-1307, is guilty of a class A misdemeanor.
5455 (3) A prosecutor may not prosecute an actor for a violation of Subsection (1) if the
5456 actor engages in a violation of Subsection (1) at or near the time the actor witnesses or is a
5457 victim of any of the following offenses, or an attempt to commit any of the following offenses,
5458 and the actor reports the offense or attempt to law enforcement in good faith:
5459 (a) assault, Section 76-5-102;
5460 (b) aggravated assault, Section 76-5-103;
5461 (c) mayhem, Section 76-5-105;
5462 (d) aggravated murder, murder, manslaughter, negligent homicide, child abuse
5463 homicide, or homicide by assault under Chapter 5, Part 2, Criminal Homicide;
5464 (e) kidnapping, child kidnapping, aggravated kidnapping, human trafficking or
5465 aggravated human trafficking, human smuggling or aggravated human smuggling, or human
5466 trafficking of a child under Chapter 5, Part 3, Kidnapping, Trafficking, and Smuggling;
5467 (f) rape, Section 76-5-402;
5468 (g) rape of a child, Section 76-5-402.1;
5469 (h) object rape, Section 76-5-402.2;
5470 (i) object rape of a child, Section 76-5-402.3;
5471 (j) forcible sodomy, Section 76-5-403;
5472 (k) sodomy on a child, Section 76-5-403.1;
5473 (l) forcible sexual abuse, Section 76-5-404;
5474 (m) sexual abuse of a child, Section 76-5-404.1, or aggravated sexual abuse of a child,
5475 Section 76-5-404.3;
5476 (n) aggravated sexual assault, Section 76-5-405;
5477 (o) sexual exploitation of a minor, Section 76-5b-201;
5478 (p) aggravated sexual exploitation of a minor, Section 76-5b-201.1;
5479 (q) sexual exploitation of a vulnerable adult, Section 76-5b-202;
5480 (r) aggravated burglary or burglary of a dwelling under Chapter 6, Part 2, Burglary and
5481 Criminal Trespass;
5482 (s) aggravated robbery or robbery under Chapter 6, Part 3, Robbery; or
5483 (t) theft by extortion under Section 76-6-406 under the circumstances described in
5484 Subsection [
5485 Section 145. Section 76-10-1602 is amended to read:
5486 76-10-1602. Definitions.
5487 As used in this part:
5488 (1) "Enterprise" means any individual, sole proprietorship, partnership, corporation,
5489 business trust, association, or other legal entity, and any union or group of individuals
5490 associated in fact although not a legal entity, and includes illicit as well as licit entities.
5491 (2) "Pattern of unlawful activity" means engaging in conduct which constitutes the
5492 commission of at least three episodes of unlawful activity, which episodes are not isolated, but
5493 have the same or similar purposes, results, participants, victims, or methods of commission, or
5494 otherwise are interrelated by distinguishing characteristics. Taken together, the episodes shall
5495 demonstrate continuing unlawful conduct and be related either to each other or to the
5496 enterprise. At least one of the episodes comprising a pattern of unlawful activity shall have
5497 occurred after July 31, 1981. The most recent act constituting part of a pattern of unlawful
5498 activity as defined by this part shall have occurred within five years of the commission of the
5499 next preceding act alleged as part of the pattern.
5500 (3) "Person" includes any individual or entity capable of holding a legal or beneficial
5501 interest in property, including state, county, and local governmental entities.
5502 (4) "Unlawful activity" means to directly engage in conduct or to solicit, request,
5503 command, encourage, or intentionally aid another person to engage in conduct which would
5504 constitute any offense described by the following crimes or categories of crimes, or to attempt
5505 or conspire to engage in an act which would constitute any of those offenses, regardless of
5506 whether the act is in fact charged or indicted by any authority or is classified as a misdemeanor
5507 or a felony:
5508 (a) any act prohibited by the criminal provisions of Title 13, Chapter 10, Unauthorized
5509 Recording Practices Act;
5510 (b) any act prohibited by the criminal provisions of Title 19, Environmental Quality
5511 Code, Sections 19-1-101 through 19-7-109;
5512 (c) taking, destroying, or possessing wildlife or parts of wildlife for the primary
5513 purpose of sale, trade, or other pecuniary gain, in violation of Title 23, Wildlife Resources
5514 Code of Utah, or Section 23-20-4;
5515 (d) false claims for medical benefits, kickbacks, and any other act prohibited by Title
5516 26, Chapter 20, Utah False Claims Act, Sections 26-20-1 through 26-20-12;
5517 (e) any act prohibited by the criminal provisions of Title 32B, Chapter 4, Criminal
5518 Offenses and Procedure Act;
5519 (f) any act prohibited by the criminal provisions of Title 57, Chapter 11, Utah Uniform
5520 Land Sales Practices Act;
5521 (g) any act prohibited by the criminal provisions of Title 58, Chapter 37, Utah
5522 Controlled Substances Act, or Title 58, Chapter 37b, Imitation Controlled Substances Act,
5523 Title 58, Chapter 37c, Utah Controlled Substance Precursor Act, or Title 58, Chapter 37d,
5524 Clandestine Drug Lab Act;
5525 (h) any act prohibited by the criminal provisions of Title 61, Chapter 1, Utah Uniform
5526 Securities Act;
5527 (i) any act prohibited by the criminal provisions of Title 63G, Chapter 6a, Utah
5528 Procurement Code;
5529 (j) assault or aggravated assault, Sections 76-5-102 and 76-5-103;
5530 (k) a threat of terrorism, Section 76-5-107.3;
5531 (l) a criminal homicide offense, as described in Section 76-5-201;
5532 (m) kidnapping or aggravated kidnapping, Sections 76-5-301 and 76-5-302;
5533 (n) human trafficking, human trafficking of a child, human smuggling, or aggravated
5534 human trafficking, Sections 76-5-308, 76-5-308.1, 76-5-308.3, 76-5-308.5, 76-5-309, and
5535 76-5-310;
5536 (o) sexual exploitation of a minor or aggravated sexual exploitation of a minor,
5537 Sections 76-5b-201 and 76-5b-201.1;
5538 (p) arson or aggravated arson, Sections 76-6-102 and 76-6-103;
5539 (q) causing a catastrophe, Section 76-6-105;
5540 (r) burglary or aggravated burglary, Sections 76-6-202 and 76-6-203;
5541 (s) burglary of a vehicle, Section 76-6-204;
5542 (t) manufacture or possession of an instrument for burglary or theft, Section 76-6-205;
5543 (u) robbery or aggravated robbery, Sections 76-6-301 and 76-6-302;
5544 (v) theft, Section 76-6-404;
5545 (w) theft by deception, Section 76-6-405;
5546 (x) theft by extortion, Section 76-6-406;
5547 (y) receiving stolen property, Section 76-6-408;
5548 (z) theft of services, Section 76-6-409;
5549 (aa) forgery, Section 76-6-501;
5550 (bb) fraudulent use of a credit card, Sections 76-6-506.2, 76-6-506.3, [
5551 76-6-506.6;
5552 (cc) deceptive business practices, Section 76-6-507;
5553 (dd) bribery or receiving bribe by person in the business of selection, appraisal, or
5554 criticism of goods, Section 76-6-508;
5555 (ee) bribery of a labor official, Section 76-6-509;
5556 (ff) defrauding creditors, Section 76-6-511;
5557 (gg) acceptance of deposit by insolvent financial institution, Section 76-6-512;
5558 (hh) unlawful dealing with property by fiduciary, Section 76-6-513;
5559 (ii) bribery or threat to influence contest, Section 76-6-514;
5560 (jj) making a false credit report, Section 76-6-517;
5561 (kk) criminal simulation, Section 76-6-518;
5562 (ll) criminal usury, Section 76-6-520;
5563 (mm) [
5564 (nn) retail theft, Section 76-6-602;
5565 (oo) computer crimes, Section 76-6-703;
5566 (pp) identity fraud, Section 76-6-1102;
5567 (qq) mortgage fraud, Section 76-6-1203;
5568 (rr) sale of a child, Section 76-7-203;
5569 (ss) bribery to influence official or political actions, Section 76-8-103;
5570 (tt) threats to influence official or political action, Section 76-8-104;
5571 (uu) receiving bribe or bribery by public servant, Section 76-8-105;
5572 (vv) receiving bribe or bribery for endorsement of person as public servant, Section
5573 76-8-106;
5574 (ww) official misconduct, Sections 76-8-201 and 76-8-202;
5575 (xx) obstruction of justice, Section 76-8-306;
5576 (yy) acceptance of bribe or bribery to prevent criminal prosecution, Section 76-8-308;
5577 (zz) false or inconsistent material statements, Section 76-8-502;
5578 (aaa) false or inconsistent statements, Section 76-8-503;
5579 (bbb) written false statements, Section 76-8-504;
5580 (ccc) tampering with a witness or soliciting or receiving a bribe, Section 76-8-508;
5581 (ddd) retaliation against a witness, victim, or informant, Section 76-8-508.3;
5582 (eee) extortion or bribery to dismiss criminal proceeding, Section 76-8-509;
5583 (fff) tampering with evidence, Section 76-8-510.5;
5584 (ggg) falsification or alteration of government record, Section 76-8-511, if the record is
5585 a record described in Title 20A, Election Code, Title 36, Chapter 11, Lobbyist Disclosure and
5586 Regulation Act[
5587
5588 (hhh) public assistance fraud in violation of Section 76-8-1203, 76-8-1204, or
5589 76-8-1205;
5590 (iii) unemployment insurance fraud, Section 76-8-1301;
5591 (jjj) intentionally or knowingly causing one animal to fight with another, Subsection
5592 76-9-301(2)(d) or (e), or Section 76-9-301.1;
5593 (kkk) possession, use, or removal of explosives, chemical, or incendiary devices or
5594 parts, Section 76-10-306;
5595 (lll) delivery to common carrier, mailing, or placement on premises of an incendiary
5596 device, Section 76-10-307;
5597 (mmm) possession of a deadly weapon with intent to assault, Section 76-10-507;
5598 (nnn) unlawful marking of pistol or revolver, Section 76-10-521;
5599 (ooo) alteration of number or mark on pistol or revolver, Section 76-10-522;
5600 (ppp) forging or counterfeiting trademarks, trade name, or trade device, Section
5601 76-10-1002;
5602 (qqq) selling goods under counterfeited trademark, trade name, or trade devices,
5603 Section 76-10-1003;
5604 (rrr) sales in containers bearing registered trademark of substituted articles, Section
5605 76-10-1004;
5606 (sss) selling or dealing with article bearing registered trademark or service mark with
5607 intent to defraud, Section 76-10-1006;
5608 (ttt) gambling, Section 76-10-1102;
5609 (uuu) gambling fraud, Section 76-10-1103;
5610 (vvv) gambling promotion, Section 76-10-1104;
5611 (www) possessing a gambling device or record, Section 76-10-1105;
5612 (xxx) confidence game, Section 76-10-1109;
5613 (yyy) distributing pornographic material, Section 76-10-1204;
5614 (zzz) inducing acceptance of pornographic material, Section 76-10-1205;
5615 (aaaa) dealing in harmful material to a minor, Section 76-10-1206;
5616 (bbbb) distribution of pornographic films, Section 76-10-1222;
5617 (cccc) indecent public displays, Section 76-10-1228;
5618 (dddd) prostitution, Section 76-10-1302;
5619 (eeee) aiding prostitution, Section 76-10-1304;
5620 (ffff) exploiting prostitution, Section 76-10-1305;
5621 (gggg) aggravated exploitation of prostitution, Section 76-10-1306;
5622 (hhhh) communications fraud, Section 76-10-1801;
5623 (iiii) any act prohibited by the criminal provisions of Part 19, Money Laundering and
5624 Currency Transaction Reporting Act;
5625 (jjjj) vehicle compartment for contraband, Section 76-10-2801;
5626 (kkkk) any act prohibited by the criminal provisions of the laws governing taxation in
5627 this state; and
5628 (llll) any act illegal under the laws of the United States and enumerated in 18 U.S.C.
5629 Sec. 1961(1)(B), (C), and (D).
5630 Section 146. Section 77-18-105 is amended to read:
5631 77-18-105. Pleas held in abeyance -- Suspension of a sentence -- Probation --
5632 Supervision -- Terms and conditions of probation -- Time periods for probation -- Bench
5633 supervision for payments on criminal accounts receivable.
5634 (1) If a defendant enters a plea of guilty or no contest in conjunction with a plea in
5635 abeyance agreement, the court may hold the plea in abeyance:
5636 (a) in accordance with Chapter 2a, Pleas in Abeyance; and
5637 (b) under the terms of the plea in abeyance agreement.
5638 (2) If a defendant is convicted, the court:
5639 (a) shall impose a sentence in accordance with Section 76-3-201; and
5640 (b) subject to Subsection (5), may suspend the execution of the sentence and place the
5641 defendant:
5642 (i) on probation under the supervision of the department;
5643 (ii) on probation under the supervision of an agency of a local government or a private
5644 organization; or
5645 (iii) on court probation under the jurisdiction of the sentencing court.
5646 (3) (a) The legal custody of all probationers under the supervision of the department is
5647 with the department.
5648 (b) The legal custody of all probationers under the jurisdiction of the sentencing court
5649 is vested as ordered by the court.
5650 (c) The court has continuing jurisdiction over all probationers.
5651 (4) (a) Court probation may include an administrative level of services, including
5652 notification to the sentencing court of scheduled periodic reviews of the probationer's
5653 compliance with conditions.
5654 (b) Supervised probation services provided by the department, an agency of a local
5655 government, or a private organization shall specifically address the defendant's risk of
5656 reoffending as identified by a screening or an assessment.
5657 (5) (a) Before ordering supervised probation, the court shall consider the supervision
5658 costs to the defendant for each entity that can supervise the defendant.
5659 (b) (i) A court may order an agency of a local government to supervise the probation
5660 for an individual convicted of any crime if:
5661 (A) the agency has the capacity to supervise the individual; and
5662 (B) the individual's supervision needs will be met by the agency.
5663 (ii) A court may only order:
5664 (A) the department to supervise the probation for an individual convicted of a class A
5665 misdemeanor or any felony; or
5666 (B) a private organization to supervise the probation for an individual convicted of a
5667 class A, B, or C misdemeanor or an infraction.
5668 (c) A court may not order a specific private organization to supervise an individual
5669 unless there is only one private organization that can provide the specific supervision services
5670 required to meet the individual's supervision needs.
5671 (6) (a) If a defendant is placed on probation, the court may order the defendant as a
5672 condition of the defendant's probation:
5673 (i) to provide for the support of persons for whose support the defendant is legally
5674 liable;
5675 (ii) to participate in available treatment programs, including any treatment program in
5676 which the defendant is currently participating if the program is acceptable to the court;
5677 (iii) be voluntarily admitted to the custody of the Division of Substance Abuse and
5678 Mental Health for treatment at the Utah State Hospital in accordance with Section 77-18-106;
5679 (iv) if the defendant is on probation for a felony offense, to serve a period of time as an
5680 initial condition of probation that does not exceed one year in a county jail designated by the
5681 department, after considering any recommendation by the court as to which jail the court finds
5682 most appropriate;
5683 (v) to serve a term of home confinement in accordance with Section 77-18-107;
5684 (vi) to participate in compensatory service programs, including the compensatory
5685 service program described in Section [
5686 (vii) to pay for the costs of investigation, probation, or treatment services;
5687 (viii) to pay restitution to a victim with interest in accordance with Chapter 38b, Crime
5688 Victims Restitution Act; or
5689 (ix) to comply with other terms and conditions the court considers appropriate to
5690 ensure public safety or increase a defendant's likelihood of success on probation.
5691 (b) (i) Notwithstanding Subsection (6)(a)(iv), the court may modify the probation of a
5692 defendant to include a period of time that is served in a county jail immediately before the
5693 termination of probation as long as that period of time does not exceed one year.
5694 (ii) If a defendant is ordered to serve time in a county jail as a sanction for a probation
5695 violation, the one-year limitation described in Subsection (6)(a)(iv) or (6)(b)(i) does not apply
5696 to the period of time that the court orders the defendant to serve in a county jail under this
5697 Subsection (6)(b)(ii).
5698 (7) (a) Except as provided in Subsection (7)(b), probation of an individual placed on
5699 probation after December 31, 2018:
5700 (i) may not exceed the individual's maximum sentence;
5701 (ii) shall be for a period of time that is in accordance with the supervision length
5702 guidelines established by the Utah Sentencing Commission under Section 63M-7-404, to the
5703 extent the guidelines are consistent with the requirements of the law; and
5704 (iii) shall be terminated in accordance with the supervision length guidelines
5705 established by the Utah Sentencing Commission under Section 63M-7-404, to the extent the
5706 guidelines are consistent with the requirements of the law.
5707 (b) Probation of an individual placed on probation after December 31, 2018, whose
5708 maximum sentence is one year or less, may not exceed 36 months.
5709 (c) Probation of an individual placed on probation on or after October 1, 2015, but
5710 before January 1, 2019, may be terminated at any time at the discretion of the court or upon
5711 completion without violation of 36 months probation in felony or class A misdemeanor cases,
5712 12 months in cases of class B or C misdemeanors or infractions, or as allowed in accordance
5713 with Section 64-13-21 regarding earned credits.
5714 (d) This Subsection (7) does not apply to the probation of an individual convicted of an
5715 offense for criminal nonsupport under Section 76-7-201.
5716 (8) (a) Notwithstanding Subsection (7), if there is an unpaid balance of the criminal
5717 accounts receivable for the defendant upon termination of the probation period for the
5718 defendant under Subsection (7), the court may require the defendant to continue to make
5719 payments towards the criminal accounts receivable in accordance with the payment schedule
5720 established by the court under Section 77-32b-103.
5721 (b) A court may not require the defendant to make payments as described in Subsection
5722 (8)(a) beyond the expiration of the defendant's sentence.
5723 (c) If the court requires a defendant to continue to pay in accordance with the payment
5724 schedule for the criminal accounts receivable under this Subsection (8) and the defendant
5725 defaults on the criminal accounts receivable, the court shall proceed with an order for a civil
5726 judgment of restitution and a civil accounts receivable for the defendant as described in Section
5727 77-18-114.
5728 (d) (i) Upon a motion from the prosecuting attorney, the victim, or upon the court's
5729 own motion, the court may require a defendant to show cause as to why the defendant's failure
5730 to pay in accordance with the payment schedule should not be treated as contempt of court.
5731 (ii) A court may hold a defendant in contempt for failure to make payments for a
5732 criminal accounts receivable in accordance with Title 78B, Chapter 6, Part 3, Contempt.
5733 (e) This Subsection (8) does not apply to the probation of an individual convicted of an
5734 offense for criminal nonsupport under Section 76-7-201.
5735 (9) When making any decision regarding probation, the court shall consider
5736 information provided by the Department of Corrections regarding a defendant's individual case
5737 action plan, including any progress the defendant has made in satisfying the case action plan's
5738 completion requirements.
5739 Section 147. Section 77-23a-8 is amended to read:
5740 77-23a-8. Court order to authorize or approve interception -- Procedure.
5741 (1) The attorney general of the state, any assistant attorney general specially designated
5742 by the attorney general, any county attorney, district attorney, deputy county attorney, or deputy
5743 district attorney specially designated by the county attorney or by the district attorney, may
5744 authorize an application to a judge of competent jurisdiction for an order for an interception of
5745 wire, electronic, or oral communications by any law enforcement agency of the state, the
5746 federal government or of any political subdivision of the state that is responsible for
5747 investigating the type of offense for which the application is made.
5748 (2) The judge may grant the order in conformity with the required procedures when the
5749 interception sought may provide or has provided evidence of the commission of:
5750 (a) any act:
5751 (i) prohibited by the criminal provisions of:
5752 (A) Title 58, Chapter 37, Utah Controlled Substances Act;
5753 (B) Title 58, Chapter 37c, Utah Controlled Substance Precursor Act; or
5754 (C) Title 58, Chapter 37d, Clandestine Drug Lab Act; and
5755 (ii) punishable by a term of imprisonment of more than one year;
5756 (b) any act prohibited by the criminal provisions of Title 61, Chapter 1, Utah Uniform
5757 Securities Act, and punishable by a term of imprisonment of more than one year;
5758 (c) an offense:
5759 (i) of:
5760 (A) attempt, Section 76-4-101;
5761 (B) conspiracy, Section 76-4-201;
5762 (C) solicitation, Section 76-4-203; and
5763 (ii) punishable by a term of imprisonment of more than one year;
5764 (d) a threat of terrorism offense punishable by a maximum term of imprisonment of
5765 more than one year, Section 76-5-107.3;
5766 (e) (i) aggravated murder, Section 76-5-202;
5767 (ii) murder, Section 76-5-203; or
5768 (iii) manslaughter, Section 76-5-205;
5769 (f) (i) kidnapping, Section 76-5-301;
5770 (ii) child kidnapping, Section 76-5-301.1;
5771 (iii) aggravated kidnapping, Section 76-5-302;
5772 (iv) human trafficking, Section 76-5-308, 76-5-308.1, or 76-5-308.5, or human
5773 smuggling, Section 76-5-308.3; or
5774 (v) aggravated human trafficking, Section 76-5-310, or aggravated human smuggling,
5775 Section 76-5-310.1;
5776 (g) (i) arson, Section 76-6-102; or
5777 (ii) aggravated arson, Section 76-6-103;
5778 (h) (i) burglary, Section 76-6-202; or
5779 (ii) aggravated burglary, Section 76-6-203;
5780 (i) (i) robbery, Section 76-6-301; or
5781 (ii) aggravated robbery, Section 76-6-302;
5782 (j) an offense:
5783 (i) of:
5784 (A) theft, Section 76-6-404;
5785 (B) theft by deception, Section 76-6-405; or
5786 (C) theft by extortion, Section 76-6-406; and
5787 (ii) punishable by a maximum term of imprisonment of more than one year;
5788 (k) an offense of receiving stolen property that is punishable by a maximum term of
5789 imprisonment of more than one year, Section 76-6-408;
5790 (l) a financial card transaction offense punishable by a maximum term of imprisonment
5791 of more than one year, Section 76-6-506.2, 76-6-506.3, 76-6-506.5, or 76-6-506.6;
5792 (m) bribery of a labor official, Section 76-6-509;
5793 (n) bribery or threat to influence a publicly exhibited contest, Section 76-6-514;
5794 (o) a criminal simulation offense punishable by a maximum term of imprisonment of
5795 more than one year, Section 76-6-518;
5796 (p) criminal usury, Section 76-6-520;
5797 (q) [
5798 of imprisonment of more than one year, Section 76-6-521;
5799 (r) a violation of Title 76, Chapter 6, Part 7, Utah Computer Crimes Act, punishable by
5800 a maximum term of imprisonment of more than one year, Section 76-6-703;
5801 (s) bribery to influence official or political actions, Section 76-8-103;
5802 (t) misusing public money or public property, Section 76-8-402;
5803 (u) tampering with a witness or soliciting or receiving a bribe, Section 76-8-508;
5804 (v) retaliation against a witness, victim, or informant, Section 76-8-508.3;
5805 (w) tampering with a juror, retaliation against a juror, Section 76-8-508.5;
5806 (x) extortion or bribery to dismiss criminal proceeding, Section 76-8-509;
5807 (y) obstruction of justice, Section 76-8-306;
5808 (z) destruction of property to interfere with preparation for defense or war, Section
5809 76-8-802;
5810 (aa) an attempt to commit crimes of sabotage, Section 76-8-804;
5811 (bb) conspiracy to commit crimes of sabotage, Section 76-8-805;
5812 (cc) advocating criminal syndicalism or sabotage, Section 76-8-902;
5813 (dd) assembly for advocating criminal syndicalism or sabotage, Section 76-8-903;
5814 (ee) riot punishable by a maximum term of imprisonment of more than one year,
5815 Section 76-9-101;
5816 (ff) dog fighting, training dogs for fighting, or dog fighting exhibitions punishable by a
5817 maximum term of imprisonment of more than one year, Section 76-9-301.1;
5818 (gg) possession, use, or removal of an explosive, chemical, or incendiary device and
5819 parts, Section 76-10-306;
5820 (hh) delivery to a common carrier or mailing of an explosive, chemical, or incendiary
5821 device, Section 76-10-307;
5822 (ii) exploiting prostitution, Section 76-10-1305;
5823 (jj) aggravated exploitation of prostitution, Section 76-10-1306;
5824 (kk) bus hijacking or assault with intent to commit hijacking, Section 76-10-1504;
5825 (ll) discharging firearms and hurling missiles, Section 76-10-1505;
5826 (mm) violations of Title 76, Chapter 10, Part 16, Pattern of Unlawful Activity Act, and
5827 the offenses listed under the definition of unlawful activity in the act, including the offenses not
5828 punishable by a maximum term of imprisonment of more than one year when those offenses
5829 are investigated as predicates for the offenses prohibited by the act, Section 76-10-1602;
5830 (nn) communications fraud, Section 76-10-1801;
5831 (oo) money laundering, Sections 76-10-1903 and 76-10-1904; or
5832 (pp) reporting by a person engaged in a trade or business when the offense is
5833 punishable by a maximum term of imprisonment of more than one year, Section 76-10-1906.
5834 Section 148. Section 77-36-1.1 is amended to read:
5835 77-36-1.1. Enhancement of offense and penalty for subsequent domestic violence
5836 offenses.
5837 (1) As used in this section:
5838 (a) (i) "Convicted" means a conviction by plea or verdict of a crime or offense.
5839 (ii) "Convicted" includes:
5840 (A) a plea of guilty or guilty and mentally ill;
5841 (B) a plea of no contest; and
5842 (C) the acceptance by the court of a plea in abeyance under Title 77, Chapter 2a, Pleas
5843 in Abeyance, regardless of whether the charge is subsequently reduced or dismissed in
5844 accordance with the plea in abeyance agreement.
5845 (iii) "Convicted" does not include an adjudication in juvenile court.
5846 [
5847
5848 [
5849 offense under Title 76, Chapter 5, Part 1, Assault and Related Offenses, Part 2, Criminal
5850 Homicide, Part 3, Kidnapping, Trafficking, and Smuggling, Part 4, Sexual Offenses, or Part 7,
5851 Genital Mutilation, by one cohabitant against another.
5852 (c) "Property damage offense" means the commission or attempt to commit an offense
5853 under Section 76-6-106.1 by one cohabitant against another.
5854 (d) "Qualifying domestic violence offense" means:
5855 (i) a domestic violence offense in Utah; or
5856 (ii) an offense in any other state, or in any district, possession, or territory of the United
5857 States, that would be a domestic violence offense under Utah law.
5858 (2) An individual who is convicted of a domestic violence offense is guilty of a class B
5859 misdemeanor if:
5860 (a) the domestic violence offense described in this Subsection (2) is designated by law
5861 as a class C misdemeanor; and
5862 (b) the individual commits or is convicted of the domestic violence offense described
5863 in this Subsection (2):
5864 (i) within 10 years after the day on which the individual is convicted of a qualifying
5865 domestic violence offense that is not a criminal mischief offense; or
5866 (ii) within five years after the day on which the individual is convicted of a criminal
5867 mischief offense.
5868 (3) An individual who is convicted of a domestic violence offense is guilty of a class A
5869 misdemeanor if:
5870 (a) the domestic violence offense described in this Subsection (3) is designated by law
5871 as a class B misdemeanor; and
5872 (b) the individual commits or is convicted of the domestic violence offense described
5873 in this Subsection (3):
5874 (i) within 10 years after the day on which the individual is convicted of a qualifying
5875 domestic violence offense that is not a criminal mischief offense; or
5876 (ii) within five years after the day on which the individual is convicted of a criminal
5877 mischief offense.
5878 (4) An individual who is convicted of a domestic violence offense is guilty of a third
5879 degree felony if:
5880 (a) the domestic violence offense described in this Subsection (4) is designated by law
5881 as a class B misdemeanor offense against the person and the individual:
5882 (i) (A) commits or is convicted of the domestic violence offense described in this
5883 Subsection (4) within 10 years after the day on which the individual is convicted of a
5884 qualifying domestic violence offense that is not a criminal mischief offense; and
5885 (B) is convicted of another qualifying domestic violence offense that is not a criminal
5886 mischief offense after the day on which the individual is convicted of the qualifying domestic
5887 violence offense described in Subsection (4)(a)(i)(A) and before the day on which the
5888 individual is convicted of the domestic violence offense described in this Subsection (4);
5889 (ii) (A) commits or is convicted of the domestic violence offense described in this
5890 Subsection (4) within five years after the day on which the individual is convicted of a criminal
5891 mischief offense; and
5892 (B) is convicted of another criminal mischief offense after the day on which the
5893 individual is convicted of the criminal mischief offense described in Subsection (4)(a)(ii)(A)
5894 and before the day on which the individual is convicted of the domestic violence offense
5895 described in this Subsection (4); or
5896 (iii) commits or is convicted of the domestic violence offense described in this
5897 Subsection (4) within 10 years after the day on which the individual is convicted of a
5898 qualifying domestic violence offense that is not a criminal mischief offense and within five
5899 years after the day on which the individual is convicted of a criminal mischief offense; and
5900 (b) (i) the domestic violence offense described in this Subsection (4) is designated by
5901 law as a class A misdemeanor; and
5902 (ii) the individual commits or is convicted of the domestic violence offense described
5903 in this Subsection (4):
5904 (A) within 10 years after the day on which the individual is convicted of a qualifying
5905 domestic violence offense that is not a criminal mischief offense; or
5906 (B) within five years after the day on which the individual is convicted of a criminal
5907 mischief offense.
5908 Section 149. Section 77-42-105 is amended to read:
5909 77-42-105. Registerable offenses.
5910 A person shall be required to register with the Office of the Attorney General for a
5911 conviction of any of the following offenses as a second degree felony:
5912 (1) Section 61-1-1 or Section 61-1-2, securities fraud;
5913 (2) Section 76-6-405, theft by deception;
5914 (3) Section 76-6-513, unlawful dealing of property by fiduciary;
5915 (4) Section 76-6-521, [
5916 (5) Section 76-6-1203, mortgage fraud;
5917 (6) Section 76-10-1801, communications fraud;
5918 (7) Section 76-10-1903, money laundering; and
5919 (8) Section 76-10-1603, pattern of unlawful activity, if at least one of the unlawful
5920 activities used to establish the pattern of unlawful activity is an offense listed in Subsections
5921 (1) through (7).
5922 Section 150. Section 78B-3-108 is amended to read:
5923 78B-3-108. Shoplifting -- Merchant's rights -- Civil liability for shoplifting by
5924 adult or minor -- Criminal conviction not a prerequisite for civil liability -- Written notice
5925 required for penalty demand.
5926 (1) As used in this section:
5927 (a) "Merchandise" has the same meaning as provided in Section 76-6-601.
5928 (b) "Merchant" has the same meaning as provided in Section 76-6-601.
5929 (c) "Minor" has the same meaning as provided in Section 76-6-601.
5930 (d) "Premises" has the same meaning as "retail mercantile establishment" found in
5931 Section 76-6-601.
5932 (2) (a) A merchant may request an individual on the merchant's premises to place or
5933 keep in full view any merchandise the individual may have removed, or which the merchant
5934 has reason to believe the individual may have removed, from its place of display or elsewhere,
5935 whether for examination, purchase, or for any other reasonable purpose.
5936 (b) The merchant may not be criminally or civilly liable for having made the request.
5937 (3) (a) A merchant who has reason to believe that an individual has committed any of
5938 the offenses listed in Subsection [
5939 the merchant can recover the merchandise by taking the individual into custody and detaining
5940 the individual may, for the purpose of attempting to recover the merchandise or for the purpose
5941 of informing a peace officer of the circumstances of the detention, take the individual into
5942 custody and detain the individual in a reasonable manner and for a reasonable length of time.
5943 (b) Neither the merchant nor the merchant's employee may be criminally or civilly
5944 liable for false arrest, false imprisonment, slander, or unlawful detention or for any other type
5945 of claim or action unless the custody and detention are unreasonable under all the
5946 circumstances.
5947 (4) (a) A merchant may prohibit an individual who has committed any of the offenses
5948 listed in Subsection [
5949 the individual has committed the offense.
5950 (b) The merchant shall give written notice of this prohibition to the individual under
5951 Subsection (4)(a). The notice may be served by:
5952 (i) delivering a copy to the individual personally;
5953 (ii) sending a copy through registered or certified mail addressed to the individual at
5954 the individual's residence or usual place of business;
5955 (iii) leaving a copy with an individual of suitable age and discretion at either location
5956 under Subsection (4)(b)(ii) and mailing a copy to the individual at the individual's residence or
5957 place of business if the individual is absent from the residence or usual place of business; or
5958 (iv) affixing a copy in a conspicuous place at the individual's residence or place of
5959 business.
5960 (c) The individual serving the notice may authenticate service with the individual's
5961 signature, the method of service, and legibly documenting the date and time of service.
5962 (5) An adult who commits any of the offenses listed in Subsection [
5963 76-6-404(3)(b)(iii)(A), (B), or (C) is also liable in a civil action for:
5964 (a) actual damages;
5965 (b) a penalty to the merchant in the amount of the retail price of the merchandise not to
5966 exceed $1,000; and
5967 (c) an additional penalty as determined by the court of not less than $100 nor more than
5968 $500, plus court costs and reasonable attorney fees.
5969 (6) A minor who commits any of the offenses listed in Subsection [
5970 76-6-404(3)(b)(iii)(A), (B), or (C) and the minor's parents or legal guardian are jointly and
5971 severally liable in a civil action to the merchant for:
5972 (a) actual damages;
5973 (b) a penalty to be remitted to the merchant in the amount of the retail price of the
5974 merchandise not to exceed $500 plus an additional penalty as determined by the court of not
5975 less than $50 nor more than $500; and
5976 (c) court costs and reasonable attorney fees.
5977 (7) A parent or guardian is not liable for damages under this section if the parent or
5978 guardian made a reasonable effort to restrain the wrongful taking and reported it to the
5979 merchant involved or to the law enforcement agency having primary jurisdiction once the
5980 parent or guardian knew of the minor's unlawful act. A report is not required under this section
5981 if the minor was arrested or apprehended by a peace officer or by anyone acting on behalf of
5982 the merchant involved.
5983 (8) A conviction in a criminal action for any of the offenses listed in Subsection
5984 [
5985 action authorized under Subsection (5) or (6).
5986 (9) (a) A merchant demanding payment of a penalty under Subsection (5) or (6) shall
5987 give written notice to the individual or individuals from whom the penalty is sought. The
5988 notice shall state:
5989 "IMPORTANT NOTICE: The payment of any penalty demanded of you does not
5990 prevent criminal prosecution under a related criminal provision."
5991 (b) This notice shall be boldly and conspicuously displayed, in at least the same size
5992 type as is used in the demand, and shall be sent with the demand for payment of the penalty
5993 described in Subsection (5) or (6).
5994 (10) The provision of Section 78B-8-201 requiring that compensatory or general
5995 damages be awarded in order to award punitive damages does not prohibit an award of a
5996 penalty under Subsection (5) or (6) whether or not restitution has been paid to the merchant
5997 either prior to or as part of a civil action.
5998 Section 151. Section 78B-9-104 is amended to read:
5999 78B-9-104. Grounds for relief -- Retroactivity of rule.
6000 (1) Unless precluded by Section 78B-9-106 or 78B-9-107, an individual who has been
6001 convicted and sentenced for a criminal offense may file an action in the district court of
6002 original jurisdiction for postconviction relief to vacate or modify the conviction or sentence
6003 upon the following grounds:
6004 (a) the conviction was obtained or the sentence was imposed in violation of the United
6005 States Constitution or Utah Constitution;
6006 (b) the conviction was obtained or the sentence was imposed under a statute that is in
6007 violation of the United States Constitution or Utah Constitution, or the conduct for which the
6008 petitioner was prosecuted is constitutionally protected;
6009 (c) the sentence was imposed or probation was revoked in violation of the controlling
6010 statutory provisions;
6011 (d) the petitioner had ineffective assistance of counsel in violation of the United States
6012 Constitution or Utah Constitution;
6013 (e) newly discovered material evidence exists that requires the court to vacate the
6014 conviction or sentence, because:
6015 (i) neither the petitioner nor petitioner's counsel knew of the evidence at the time of
6016 trial or sentencing or in time to include the evidence in any previously filed post-trial motion or
6017 postconviction proceeding, and the evidence could not have been discovered through the
6018 exercise of reasonable diligence;
6019 (ii) the material evidence is not merely cumulative of evidence that was known;
6020 (iii) the material evidence is not merely impeachment evidence; and
6021 (iv) viewed with all the other evidence, the newly discovered material evidence
6022 demonstrates that no reasonable trier of fact could have found the petitioner guilty of the
6023 offense or subject to the sentence received;
6024 (f) the petitioner can prove that:
6025 (i) biological evidence, as that term is defined in Section 53-20-101, relevant to the
6026 petitioner's conviction was not preserved in accordance with Title 53, Chapter 20, Forensic
6027 Biological Evidence Preservation;
6028 (ii) (A) the biological evidence described in Subsection (1)(f)(i) was not tested
6029 previously; or
6030 (B) if the biological evidence described in Subsection (1)(f)(i) was tested previously,
6031 there is a material change in circumstance, including a scientific or technological advance, that
6032 would make it plausible that a test of the biological evidence described in Subsection (1)(f)(i)
6033 would produce a favorable test result for the petitioner; and
6034 (iii) a favorable result described in Subsection (1)(f)(ii), which is presumed for
6035 purposes of the petitioner's action under this section, when viewed with all the other evidence,
6036 demonstrates a reasonable probability of a more favorable outcome at trial for the petitioner;
6037 (g) the petitioner can prove entitlement to relief under a rule announced by the United
6038 States Supreme Court, the Utah Supreme Court, or the Utah Court of Appeals after conviction
6039 and sentence became final on direct appeal, and that:
6040 (i) the rule was dictated by precedent existing at the time the petitioner's conviction or
6041 sentence became final; or
6042 (ii) the rule decriminalizes the conduct that comprises the elements of the crime for
6043 which the petitioner was convicted; or
6044 (h) the petitioner committed any of the following offenses while subject to force, fraud,
6045 or coercion, as defined in Section 76-5-308:
6046 (i) Section 58-37-8, possession of a controlled substance;
6047 (ii) Section 76-10-1304, aiding prostitution;
6048 (iii) Section 76-6-206, criminal trespass;
6049 (iv) Section 76-6-413, theft;
6050 (v) Section 76-6-502, possession of forged writing or device for writing;
6051 (vi) [
6052 6, Part 6, Retail Theft;
6053 (vii) Subsection 76-6-1105(2)(a)(i)(A), unlawful possession of another's identification
6054 document;
6055 (viii) Section 76-9-702, lewdness;
6056 (ix) Section 76-10-1302, prostitution; or
6057 (x) Section 76-10-1313, sexual solicitation.
6058 (2) The court may not grant relief from a conviction or sentence unless in light of the
6059 facts proved in the postconviction proceeding, viewed with the evidence and facts introduced at
6060 trial or during sentencing:
6061 (a) the petitioner establishes that there would be a reasonable likelihood of a more
6062 favorable outcome; or
6063 (b) if the petitioner challenges the conviction or the sentence on grounds that the
6064 prosecutor knowingly failed to correct false testimony at trial or at sentencing, the petitioner
6065 establishes that the false testimony, in any reasonable likelihood, could have affected the
6066 judgment of the fact finder.
6067 (3) (a) The court may not grant relief from a conviction based on a claim that the
6068 petitioner is innocent of the crime for which convicted except as provided in Part 3,
6069 Postconviction Testing of DNA, or Part 4, Postconviction Determination of Factual Innocence.
6070 (b) Claims under Part 3, Postconviction Testing of DNA, or Part 4, Postconviction
6071 Determination of Factual Innocence, of this chapter may not be filed as part of a petition under
6072 this part, but shall be filed separately and in conformity with the provisions of Part 3,
6073 Postconviction Testing of DNA, or Part 4, Postconviction Determination of Factual Innocence.
6074 Section 152. Section 80-6-610 is amended to read:
6075 80-6-610. Property damage caused by a minor -- Liability of parent or guardian.
6076 (1) A parent or guardian with legal custody of a minor is liable for damages sustained
6077 to property not to exceed $2,000 when:
6078 (a) the minor intentionally damages, defaces, destroys, or takes the property of another;
6079 (b) the minor recklessly or willfully shoots or propels a missile, or other object at or
6080 against a motor vehicle, bus, airplane, boat, locomotive, train, railway car, or caboose, whether
6081 moving or standing; or
6082 (c) the minor intentionally and unlawfully tampers with the property of another and
6083 thereby recklessly endangers human life or recklessly causes or threatens a substantial
6084 interruption or impairment of any public utility service.
6085 (2) A parent or guardian with legal custody of a minor is liable for damages sustained
6086 to property not to exceed $5,000 when the minor is adjudicated for an offense under Subsection
6087 (1):
6088 (a) for the benefit of, at the direction of, or in association with any criminal street gang
6089 as defined in Section 76-9-802; or
6090 (b) to gain recognition, acceptance, membership, or increased status with a criminal
6091 street gang.
6092 (3) A juvenile court may make an order for restitution under Subsection (1) or (2) to be
6093 paid by the minor's parent or guardian if the minor is adjudicated for an offense.
6094 (4) As used in this section, property damage described under Subsection (1)(a) or (c),
6095 or Subsection (2), includes graffiti, as defined in Section [
6096 (5) A court may waive part or all of the liability for damages under this section by the
6097 minor's parent or guardian if, after the minor is adjudicated, the court finds, upon the record:
6098 (a) good cause; or
6099 (b) the parent or guardian:
6100 (i) made a reasonable effort to restrain the wrongful conduct; and
6101 (ii) reported the conduct to the property owner involved or the law enforcement agency
6102 having primary jurisdiction after the parent or guardian knew of the minor's unlawful act.
6103 (6) A report is not required under Subsection (5)(b) from a parent or guardian if the
6104 minor was arrested or apprehended by a peace officer or by anyone acting on behalf of the
6105 property owner involved.
6106 (7) A conviction for criminal mischief under Section 76-6-106, property damage or
6107 destruction under Section 76-6-106.1, criminal trespass under Section 76-6-206, or an
6108 adjudication under Section 80-6-701 is not a condition precedent to a civil action authorized
6109 under Subsection (1) or (2).
6110 (8) A parent or guardian is not liable under Subsection (1) or (2) if the parent or
6111 guardian made a reasonable effort to supervise and direct the minor, or, in the event the parent
6112 or guardian knew in advance of the possible taking, injury, or destruction by the minor, made a
6113 reasonable effort to restrain the minor.
6114 Section 153. Section 80-6-709 is amended to read:
6115 80-6-709. Payment of fines, fees, restitution, or other costs -- Community or
6116 compensatory service -- Property damage -- Unpaid balances.
6117 (1) (a) If a minor is adjudicated for an offense under Section 80-6-701, the juvenile
6118 court may order a minor to:
6119 (i) pay a fine, fee, or other cost;
6120 (ii) pay restitution in accordance with Section 80-6-710; or
6121 (iii) complete community or compensatory service hours.
6122 (b) (i) If the juvenile court orders the minor to pay restitution under Subsection (1)(a), a
6123 juvenile probation officer may permit the minor to complete a work program in lieu of paying
6124 part or all of the restitution by the juvenile court.
6125 (ii) If the juvenile court orders the minor to complete community or compensatory
6126 service hours, a juvenile probation officer may permit the minor to complete a work program to
6127 help the minor complete the community or compensatory service hours.
6128 (c) The juvenile court may, through a juvenile probation officer, encourage the
6129 development of nonresidential employment or a work program to enable a minor to fulfill the
6130 minor's obligations under Subsection (1)(a).
6131 (d) Notwithstanding this section, a juvenile court may not place a minor on a ranch,
6132 forestry camp, or other residential work program for care or work.
6133 (2) If the juvenile court orders a minor to pay a fine, fee, restitution, or other cost, or to
6134 complete community or compensatory service hours, the juvenile court shall consider the
6135 dispositions collectively to ensure that an order:
6136 (a) is reasonable;
6137 (b) prioritizes restitution; and
6138 (c) except for restitution as provided in Subsection 80-6-710(5)(c), takes into account
6139 the minor's ability to pay the fine, fee, or other cost within the presumptive period under
6140 Section 80-6-712 or Section 80-6-802 if the minor is ordered to secure care.
6141 (3) (a) If the juvenile court orders a minor to pay a fine, fee, or other cost, or complete
6142 community or compensatory service hours, the cumulative order shall be limited per criminal
6143 episode as follows:
6144 (i) for a minor under 16 years old at the time of adjudication, the juvenile court may
6145 impose up to $190 or up to 24 hours of community or compensatory service; and
6146 (ii) for a minor 16 years old or older at the time of adjudication, the juvenile court may
6147 impose up to $280 or up to 36 hours of community or compensatory service.
6148 (b) The cumulative order under Subsection (3)(a) does not include restitution.
6149 (4) (a) If the juvenile court converts a fine, fee, or restitution amount to compensatory
6150 service hours, the rate of conversion shall be no less than the minimum wage.
6151 (b) If the juvenile court orders a minor to complete community service, the
6152 presumptive service order shall include between five and 10 hours of service.
6153 (c) If a minor completes an approved substance use disorder prevention or treatment
6154 program or other court-ordered condition, the minor may be credited with compensatory
6155 service hours for the completion of the program or condition by the juvenile court.
6156 (5) (a) If a minor commits an offense involving the use of graffiti under Section
6157 76-6-106, 76-6-106.1, or 76-6-206, the juvenile court may order the minor to clean up graffiti
6158 created by the minor or any other individual at a time and place within the jurisdiction of the
6159 juvenile court.
6160 (b) The minor may complete the order of the juvenile court under Subsection (5)(a) in
6161 the presence and under the direct supervision of the minor's parent, guardian, or custodian.
6162 (c) The minor's parent, guardian, or custodian shall report completion of the order to
6163 the juvenile court.
6164 (d) The juvenile court may also require the minor to perform other alternative forms of
6165 restitution or repair to the damaged property in accordance with Section 80-6-710.
6166 (6) (a) Except as provided in Subsection (6)(b), the juvenile court may issue orders
6167 necessary for the collection of restitution and fines ordered under this section, including
6168 garnishments, wage withholdings, and executions.
6169 (b) The juvenile court may not issue an order under Subsection (6)(a) if the juvenile
6170 court orders a disposition that changes custody of a minor, including detention, secure care, or
6171 any other secure or nonsecure residential placement.
6172 (7) Any information necessary to collect unpaid fines, fees, assessments, or restitution
6173 may be forwarded to employers, financial institutions, law enforcement, constables, the Office
6174 of Recovery Services, or other agencies for purposes of enforcing an order under this section.
6175 (8) (a) If, before the entry of any order terminating the juvenile court's continuing
6176 jurisdiction over a minor's case, there remains an unpaid balance for any fine, fee, or restitution
6177 ordered by the juvenile court, the juvenile court shall:
6178 (i) record all pertinent information for the unpaid balance in the minor's file; and
6179 (ii) if there is an unpaid amount of restitution, record the amount of unpaid restitution
6180 as a civil judgment and list the victim, or the estate of the victim, as the judgment creditor in
6181 the civil judgment.
6182 (b) The juvenile court may not transfer responsibility to collect unpaid fines, fees,
6183 surcharges, and restitution for a minor's case to the Office of State Debt Collection created in
6184 Section 63A-3-502.
6185 Section 154. Repealer.
6186 This bill repeals:
6187 Section 76-6-412, Theft -- Classification of offenses -- Action for treble damages.
6188 Section 76-6-506.5, Financial transaction card offenses -- Classification -- Multiple
6189 violations.
6190 Section 76-6-606, Penalty.
6191 Section 76-6-701, Computer Crimes Act -- Short title.
6192 Section 76-6-802, Presumption of intent.
6193 Section 76-6-804, "Book or other library materials" defined.
6194 Section 76-6-805, Penalty.
6195 Section 76-6-903, Penalties.
6196 Section 76-6-1004, Presumptions and defenses.
6197 Section 76-6-1201, Title.
6198 Section 76-6-1204, Classification of offense.
6199 Section 76-6-1301, Title.
6200 Section 76-6-1401, Title.
6201 Section 76-6-1407, Violation by dealer -- Penalty -- Local regulation not less
6202 stringent.
6203 Section 76-6a-1, Short title.
6204 Section 76-6a-3, Schemes prohibited -- Violation as deceptive consumer sales
6205 practice -- Prosecution of civil violations.
6206 Section 76-6a-4, Operation as felony -- Participation as misdemeanor --
6207 Investigation -- Prosecution.
6208 Section 76-6a-5, Plan provisions not constituting defenses.