1     
CRIMINAL CODE RECODIFICATION AND CROSS

2     
REFERENCES

3     
2023 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Matthew H. Gwynn

6     
Senate Sponsor: Todd D. Weiler

7     

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 [Section 76-6-606] Title 76, Chapter 6, Part
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     [Subsection 76-6-1102(1)] Section 76-6-1101, whether that individual is alive or deceased, and
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 [through], 76-6-203, 76-6-204,
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 [a felony of the second degree, felony of the third degree, class A misdemeanor, or
422     class B misdemeanor based on the dollar amounts as prescribed by Subsection 76-6-412(1) for
423     theft of property and services]:
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) [in] into a federally insured trust account in a depository institution, as defined in
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) [in] into some other account, that:
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. [Section 76-6-412 applies in determining the
471     classification of the offense.] Sanctions under Section 31A-2-308 also apply.
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 [Section 76-6-412] Title 76, Chapter 6, Part 4, Theft, for [a]
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     [76-6-1102] 76-6-1101.
503          (d) "Suspected misuse of personal identifying information" includes:
504          (i) a [Social Security] social security number under which wages are being reported by
505     two or more individuals; or
506          (ii) a [Social Security] social security number of an individual under the age of 18 with
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 [76-6-412(1)(a)(ii)]
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 [76-6-412] 76-6-404;
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 [76-6-412] 76-6-404;
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[, as classified in
699     Section 76-6-412] under Section 76-6-404.
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[, Section 76-6-412] under Title 76, Chapter 6, Part 4, Theft;
927          (viii) forgery, Section 76-6-501;
928          (ix) unlawful dealing of property by a fiduciary, Section 76-6-513;
929          (x) [fraudulent insurance act] insurance fraud, Section 76-6-521;
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 [76-6-106(2)(b)(ii)] 76-6-106(2)(a)(ii) or Section 76-6-404, violation of a provision
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 [defined] described in Section 76-6-106; [and]
1004          (ii) property damage or destruction as described in Section 76-6-106.1; and
1005          [(ii)] (iii) defacement by graffiti as [defined] described in Section 76-6-107.
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 [76-6-202(2)]
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 [76-6-106(2)(b)] 76-6-106(2)(a);
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 [Subsection 76-6-406(2)(a) or (b)] Section 76-6-406
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 [pursuant to Subsections
1133     76-6-406(2)(a), (b), and (i)] under Section 76-6-406 under the circumstances described in
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          [76-6-109].      76-3-203.15. Offenses committed against timber, mining, or
1212     agricultural industries -- Enhanced penalties.
1213          (1) [A person] An actor who commits any criminal offense with the intent to halt,
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. [However, this section does not apply to

1217     action protected by the National Labor Relations Act, 29 U.S.C. Section 151 et seq., or the
1218     Federal Railway Labor Act, 45 U.S.C. Section 151 et seq.]
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          [76-6-110].      76-3-203.16. Offenses committed against animal enterprises --
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) [(a)] A person who commits any criminal offense with the intent to halt, impede,
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 [(3)] (4).
1260          [(b) Subsection (2)(a) does not apply to action protected by the National Labor
1261     Relations Act, 29 U.S.C. Section 151 et seq., or the Federal Railway Labor Act, 45 U.S.C.
1262     Section 151 et seq.]
1263          [(c)] (3) The prosecuting attorney, or grand jury if an indictment is returned, shall cause
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          [(3)] (4) If the trier of fact finds beyond a reasonable doubt that the defendant
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 [(3)] (4):

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          [76-6-107.1].      76-3-410. Compensatory service -- Graffiti penalties.
1286          (1) If an [offender uses] actor uses graffiti and is convicted under Section 76-6-106,
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 [offender] actor to clean up graffiti of the
1289     [offender] actor and any other at a time and place within the jurisdiction of the court.
1290          (a) For a first conviction or adjudication, the court may require the [offender] actor to
1291     clean up graffiti for not less than eight hours.
1292          (b) For a second conviction or adjudication, the court may require the [offender] actor
1293     to clean up graffiti for not less than 16 hours.
1294          (c) For a third conviction or adjudication, the court may require the [offender] actor to
1295     clean up graffiti for not less than 24 hours.
1296          (2) The [offender] actor convicted under Section 76-6-106, 76-6-106.1, 76-6-206, or
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 [offender] actor to perform other alternative forms
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          [(a)] (i) "Controlled substance" means the same as that term is defined in Section
1305     58-37-2.
1306          [(b)] (ii) "Drug" means the same as that term is defined in Section 76-5-207.
1307          [(c)] (iii) "Negligent" or "negligence" means the same as that term is defined in Section
1308     76-5-207.
1309          [(d)] (iv) "Vehicle" means the same as that term is defined in Section 41-6a-501.
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[:] in a negligent manner;
1375          [(i) (A) in a negligent manner; or]
1376          [(B) in a criminally negligent manner; and]
1377          [(ii)] (b) while using a wireless communication device in violation of Section
1378     41-6a-1716; and

1379          [(b)] (c) causes the death of another individual.
1380          (3) (a) [A] Except as provided in Subsection (3)(b), a violation of Subsection
1381     [(2)(a)(i)(A)] (2) is a third degree felony.
1382          (b) A violation of Subsection [(2)(a)(i)(B)] (2) is a second degree felony if the actor
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) [For purposes of this chapter] As used in this part:
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          [(b)] (d) "Habitable structure" means any building, vehicle, trailer, railway car, aircraft,
1416     or watercraft used for lodging or assembling persons or conducting business whether a person
1417     is actually present or not.
1418          [(c)] (e) "Property" means:
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          [(d)] (f) "Value" means:
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          [(2)] (3) If the property damaged has a value that cannot be ascertained by the criteria
1430     set forth in Subsection [(1)(d)] (1)(f), the property shall be considered to have a value less than
1431     $500.
1432          Section 24. Section 76-6-102 is amended to read:

1433          76-6-102. Arson.
1434          (1) [A person is guilty of] Terms defined in Sections 76-1-101.5 and 76-6-101 apply to
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          [(2)] (3) (a) A violation of Subsection [(1)(a)] (2)(a) is a second degree felony.
1441          [(3)] (b) A violation of Subsection [(1)(b)] (2)(b) is a second degree felony if:
1442          [(a)] (i) the damage caused is or exceeds $5,000 in value;
1443          [(b)] (ii) as a proximate result of the fire or explosion, any person not a participant in
1444     the offense suffers serious bodily injury as defined in Section 76-1-101.5;
1445          [(c)] (iii) [(i)] (A) the damage caused is or exceeds $1,500 but is less than $5,000 in
1446     value; and
1447          [(ii)] (B) at the time of the offense the actor has been previously convicted of a
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 [(1)(b)] (2)(b).
1450          [(4)] (c) A violation of Subsection [(1)(b)] (2)(b) is a third degree felony if:
1451          [(a)] (i) the damage caused is or exceeds $1,500 but is less than $5,000 in value;
1452          [(b)] (ii) as a proximate result of the fire or explosion, any person not a participant in
1453     the offense suffers substantial bodily injury as defined in Section 76-1-101.5;
1454          [(c)] (iii) the fire or explosion endangers human life; or
1455          [(d)] (iv) [(i)] (A) the damage caused is or exceeds $500 but is less than $1,500 in
1456     value; and
1457          [(ii)] (B) at the time of the offense the actor has been previously convicted of a
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 [(1)(b)] (2)(b).

1460          [(5)] (d) A violation of Subsection [(1)(b)] (2)(b) is a class A misdemeanor if the
1461     damage caused:
1462          [(a)] (i) is or exceeds $500 but is less than $1,500 in value; or
1463          [(b)] (ii) [(i)] (A) is less than $500; and
1464          [(ii)] (B) at the time of the offense the actor has been previously convicted of a
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 [(1)(b)] (2)(b).
1467          [(6)] (e) A violation of Subsection [(1)(b)] (2)(b) is a class B misdemeanor if the
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) [A person is guilty of] Terms defined in Sections 76-1-101.5 and 76-6-101 apply to
1472     this section.
1473          (2) An actor commits aggravated arson if by means of fire or explosives [he] the actor
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          [(2) Aggravated arson is a felony of the first degree.]
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) [A person is guilty of] Terms defined in Sections 76-1-101.5 and 76-6-101 apply to
1483     this section.
1484          (2) An actor commits reckless burning if the [person] actor:
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          [(2)] (3) (a) A violation of Subsection [(1)(a)] (2)(a) or (b) is a class A misdemeanor.
1493          (b) A violation of Subsection [(1)(c)] (2)(c) is a class B misdemeanor.
1494          (c) A violation of Subsection [(1)(d)] (2)(d) is:
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 [(1)(d)] (2)(d) is an infraction.
1501          Section 27. Section 76-6-104.5 is amended to read:
1502          76-6-104.5. Abandonment of a fire -- Penalties.
1503          (1) [A person is guilty of abandoning] Terms defined in Sections 76-1-101.5 and
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 [under Title 76, Chapter 6, Part
1507     1, Property Destruction, the person], the actor leaves a fire:
1508          (a) without first completely extinguishing it; and
1509          (b) with the intent to not return to the fire.
1510          [(2) A person does not commit a violation of Subsection (1) if the person leaves a fire
1511     to report an uncontrolled fire.]
1512          (3) A violation of Subsection [(1)] (2):
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          [(4)] (5) If a violation of Subsection [(1)] (2) involves a wildland fire, the [violator]
1519     actor is also liable for suppression costs under Section 65A-3-4.
1520          [(5)] (6) A fire spreading or reigniting is prima facie evidence that the [person] actor
1521     did not completely extinguish the fire as required by Subsection [(1)(a)] (2)(a).
1522          Section 28. Section 76-6-105 is amended to read:
1523          76-6-105. Causing a catastrophe -- Penalties.
1524          (1) [Any person is guilty of] Terms defined in Sections 76-1-101.5 and 76-6-101 apply
1525     to this section.
1526          (2) An actor commits causing a catastrophe if the [person] actor causes widespread
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          [(2)] (3) [Causing a catastrophe] A violation of Subsection (2) is:
1532          (a) a first degree felony if the [person] actor causes the catastrophe knowingly and by
1533     the use of a weapon of mass destruction;
1534          (b) a second degree felony if the [person] actor causes the catastrophe knowingly and
1535     by a means other than a weapon of mass destruction; and
1536          (c) a class A misdemeanor if the [person] actor causes the catastrophe recklessly.
1537          [(3)] (4) In addition to any other penalty authorized by law, a court shall order [any
1538     person] an actor convicted of any violation of this section to reimburse any federal, state, or
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          [(a)] (i) information and communication systems;
1546          [(b)] (ii) financial and banking systems;
1547          [(c)] (iii) any railroads, airlines, airports, airways, highways, bridges, waterways, fixed
1548     guideways, or other transportation systems intended for the transportation of persons or
1549     property;
1550          [(d)] (iv) any public utility service, including the power, energy, and water supply
1551     systems;
1552          [(e)] (v) sewage and water treatment systems;
1553          [(f)] (vi) health care facilities as listed in Section 26-21-2, and emergency fire, medical,
1554     and law enforcement response systems;
1555          [(g)] (vii) public health facilities and systems;
1556          [(h)] (viii) food distribution systems; and
1557          [(i)] (ix) other government operations and services.
1558          (b) Terms defined in Sections 76-1-101.5 and 76-6-101 apply to this section.
1559          (2) [A person] An actor commits criminal mischief if the [person] actor:
1560          [(a) under circumstances not amounting to arson, damages or destroys property with
1561     the intention of defrauding an insurer;]
1562          [(b)] (a) intentionally and unlawfully tampers with the property of another and as a
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          [(c) intentionally damages, defaces, or destroys the property of another; or]
1570          [(d)] (b) recklessly or willfully shoots or propels a missile or other object at or against a
1571     motor vehicle, bus, airplane, boat, locomotive, train, railway car, or caboose, whether moving
1572     or standing.
1573          [(3) (a) (i) A violation of Subsection (2)(a) is a third degree felony.]
1574          [(ii)] (3) (a) A violation of Subsection [(2)(b)(i)(A)] (2)(a)(i)(A) is a class A
1575     misdemeanor.
1576          [(iii)] (b) A violation of Subsection [(2)(b)(i)(B)] (2)(a)(i)(B) is a class B misdemeanor.
1577          [(iv)] (c) A violation of Subsection [(2)(b)(ii)] (2)(a)(ii) is a second degree felony.
1578          [(b)] (d) Any other violation of this section is a:
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 [any person]
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 [(2)(b)(ii)] (2)(a)(ii), unless the court states

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[:], "victim" means the person whose property is defaced
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          [(a) "Etching" means defacing, damaging, or destroying hard surfaces by means of a
1629     chemical action which uses any caustic cream, gel, liquid, or solution.]
1630          [(b) "Graffiti" means any form of unauthorized printing, writing, spraying, scratching,
1631     affixing, etching, or inscribing on the property of another regardless of the content or the nature
1632     of the material used in the commission of the act.]
1633          [(c) "Victim" means the person whose property is defaced by graffiti and who bears the
1634     expense for removal of the graffiti.]
1635          [(2) Except as provided in Section 76-6-107, graffiti is a:]
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          [(3)] (4) Damages under Subsection [(2)] (3) include removal costs, repair costs, or
1644     replacement costs, whichever is less.
1645          [(4)] (5) The court shall order an individual convicted under Subsection [(2)] (3) to pay
1646     restitution to the victim in an amount equal to the costs incurred by the victim as a result of the
1647     graffiti.
1648          [(5)] (6) An additional amount of $1,000 in restitution shall be added to removal costs

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          [(6)] (7) An individual who voluntarily, at the individual's own expense, and with the
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          [(7)] (8) Before an authorized government agency may issue a citation or assess a fine
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          [(8)] (9) (a) After receiving notification of graffiti under Subsection [(7)(a)] (8)(a), a
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 [(7)(a)] (8)(a) of the hardship.
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 [(8)(b)(ii)] (9)(b)(ii), may request reimbursement from a
1674     restitution order, under Subsection [(4)] (5), against an individual who used graffiti to damage
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[:], "public lands" means state or federally owned
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          [(a) "Etching" means defacing, damaging, or destroying a hard surface by using a
1685     chemical, an abrasive object, a knife, or an engraving device.]
1686          [(b) "Graffiti" means unauthorized printing, spraying, scratching, affixing, etching, or
1687     inscribing on property owned by the state regardless of the content or the nature of the material
1688     used in the commission of the act.]
1689          [(c) "Public lands" means state or federally owned property that is held substantially in
1690     its natural state, including canyons, parks owned or managed by the state, national parks, land
1691     managed by the Bureau of Land Management, and other lands owned or maintained by a
1692     government entity for outdoor recreational use.]
1693          (2) An [individual is guilty of] actor commits defacing by graffiti on public lands
1694     [vandalism if the individual] if the actor creates, or assists in creating, graffiti on any public
1695     lands or state-owned object permanently located on public lands.
1696          (3) [An individual convicted under] A violation of Subsection (2) is [guilty of] a class
1697     B misdemeanor.
1698          (4) If an [individual] actor is convicted of defacing by graffiti on public lands
1699     [vandalism], the court shall sentence the [individual] actor to a term of community service as
1700     follows:
1701          (a) for a first conviction, the court shall sentence the [individual] actor to 100 hours of
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 [individual] actor to 200 hours
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 [individual] actor
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 [individual] actor is enrolled in school or maintains full or part-time
1711     employment, the ordered community service may not be scheduled at a time the [individual]
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 [individual] actor is convicted of defacing by graffiti on public lands
1716     [vandalism], the court may impose a fine up to the full amount of the estimated cost to restore
1717     the damaged land, caused by the [individual] actor, to the land's original state.
1718          (8) An [individual] actor who voluntarily, at the [individual's] actor's own expense, and
1719     with the consent of the property owner, removes graffiti for which the [individual] actor is
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          [(a)] (i) "Communication device" means any device, including a telephone, cellular
1725     telephone, computer, or radio, which may be used in an attempt to summon police, fire,
1726     medical, or other emergency aid.
1727          [(b)] (ii) "Emergency aid" means aid or assistance, including law enforcement, fire, or
1728     medical services, commonly summoned by persons concerned with imminent or actual:
1729          [(i)] (A) jeopardy to any person's health or safety; or

1730          [(ii)] (B) damage to any person's property.
1731          (b) Terms defined in Sections 76-1-101.5 and 76-6-101 apply to this section.
1732          (2) [A person is guilty of] An actor commits damage to or interruption of a
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) [Damage to or interruption of a communication device] A violation of Subsection
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          [(a)] (i) "Law enforcement officer" means the same as that term is defined in Section
1748     53-13-103.
1749          [(b)] (ii) "Livestock" means a domestic animal or fur bearer raised or kept for profit or
1750     as an asset, including:
1751          [(i)] (A) cattle;
1752          [(ii)] (B) sheep;
1753          [(iii)] (C) goats;
1754          [(iv)] (D) swine;
1755          [(v)] (E) horses;
1756          [(vi)] (F) mules;

1757          [(vii)] (G) poultry;
1758          [(viii)] (H) domesticated elk as defined in Section 4-39-102; and
1759          [(ix)] (I) livestock guardian dogs.
1760          [(c)] (iii) "Livestock guardian dog" means a dog that is being used to live with and
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     [a person is guilty of] an actor commits wanton destruction of livestock if [that person] the
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          [(3) For purposes of this section, a livestock guardian dog is presumed to belong to an
1771     owner of the livestock with which the livestock guardian dog was living at the time of an
1772     alleged violation of Subsection (2).]
1773          [(4)] (3) [Wanton destruction of livestock] A violation of Subsection (2) is [punishable
1774     as] a:
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 [a person] an actor who is convicted of wanton destruction of
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) [A person is guilty of] An actor commits agricultural operation interference if the
1825     [person] actor:
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 [person] actor accepts employment at the agricultural
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 [person who commits agricultural operation interference described in]
1841     violation of Subsection (2)(a) is [guilty of] a class A misdemeanor.
1842          [(4)] (b) [A person who commits agricultural operation interference described in] A
1843     violation of Subsection (2)(b), (c), or (d) is [guilty of] a class B misdemeanor.
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 [is guilty of] commits burglary [who] if the actor enters or remains
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, [a] in violation of Section 76-9-702;
1853          (e) sexual battery, [a] in violation of Section 76-9-702.1;
1854          (f) lewdness involving a child, in violation of Section 76-9-702.5; or
1855          (g) voyeurism [under], in violation of Section 76-9-702.7.
1856          [(2)] (3) (a) [Burglary] Except as provided in Subsection (3)(b), a violation of
1857     Subsection (2) is a third degree felony [unless it was committed in a dwelling, in which event it
1858     is a second degree felony].
1859          (b) A violation of Subsection (2) is a second degree felony if the violation is committed
1860     in a dwelling.
1861          [(3)] (4) A violation of this section is a separate offense from any of the offenses listed
1862     in Subsections [(1)(a) through (g)] (2)(a) through (g), and which may be committed by the
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) [A person is guilty of] Terms defined in Sections 76-1-101.5 and 76-6-201 apply to
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          [(2)] (3) [Aggravated burglary] A violation of Subsection (2) is a first degree felony.
1875          [(3) As used in this section, "dangerous weapon" has the same definition as under
1876     Section 76-1-101.5.]
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) [Any person who] Terms defined in Sections 76-1-101.5 and 76-6-201 apply to this
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 [is guilty of a burglary of a vehicle].
1883          [(2)] (3) [Burglary of a vehicle] A violation of Subsection (2) is a class A
1884     misdemeanor.
1885          [(3)] (4) A charge against [any person] an actor for a violation of Subsection [(1) shall]
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) [Any person] Terms defined in Sections 76-1-101.5 and 76-6-201 apply to this
1890     section.
1891          (2) An actor commits burglary of a railroad car [when the person] if the actor breaks

1892     the lock or seal on any railroad car, with the intent to commit a felony or theft.
1893          [(2)] (3) [Burglary of a railroad car] A violation of Subsection (2) is a third degree
1894     felony.
1895          [(3)] (4) Charging a person for a violation of Subsection [(1)] (2) does not preclude
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) [Any person who] An actor commits manufacture or possession of an instrument
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     [some] another person intends to use the same in the commission of a burglary or theft [is
1905     guilty of].
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          [(a)] (i) "Enter" means intrusion of the entire body or the entire unmanned aircraft.
1911          (ii) "Graffiti" means the same as that term is defined in Section 76-6-101.
1912          [(b)] (iii) "Remain unlawfully," as that term relates to an unmanned aircraft, means
1913     remaining on or over private property when:
1914          [(i)] (A) the private property or any portion of the private property is not open to the
1915     public; and
1916          [(ii)] (B) the person operating the unmanned aircraft is not otherwise authorized to fly
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) [A person is guilty of] An actor commits criminal trespass if, under circumstances
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 [person] actor enters or remains unlawfully on or causes an unmanned aircraft
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 [as defined in Section 76-6-107];
1926          (ii) intends to commit any crime, other than theft or a felony; or
1927          (iii) is reckless as to whether the [person's] actor's or unmanned aircraft's presence will
1928     cause fear for the safety of another;
1929          (b) knowing the [person's] actor's or unmanned aircraft's entry or presence is unlawful,
1930     the [person] actor enters or remains on or causes an unmanned aircraft to enter or remain
1931     unlawfully over property to which notice against entering is given by:
1932          (i) personal communication to the [person] actor by the owner or someone with
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 [person] actor enters a condominium unit in violation of Subsection 57-8-7(8).
1937          (3) (a) [A] Except as provided in Subsection (3)(b), a violation of Subsection (2)(a) or
1938     (b) is a class B misdemeanor [unless the violation is committed in a dwelling, in which event
1939     the violation is a class A misdemeanor].
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          [(b)] (c) A violation of Subsection (2)(c) is an infraction.
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 [actor] defendant complied with all lawful conditions imposed on access to or

1946     remaining on the property.
1947          (5) In addition to an order for restitution under Section 77-38b-205, [a person] an actor
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          [(a)] (i) "Abandoned or inactive mine" means an underground mine which is no longer
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          [(b)] (iii) "Enter" means intrusion of the entire body.
1962          (b) Terms defined in Sections 76-1-101.5 and 76-6-201 apply to this section.
1963          (2) [A person is guilty of] An actor commits criminal trespass of an abandoned or
1964     inactive mine if, under circumstances not amounting to burglary [as defined in Section
1965     76-6-202, 76-6-203, or 76-6-204], the actor:
1966          (a) [the person] intentionally enters and remains unlawfully in the underground
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          [(4)] (b) A violation of Subsection (2)(b) is a class A misdemeanor.

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          [(a)] (i) "Authorization" means specific written permission by, or contractual
1977     agreement with, the Division of State Parks.
1978          [(b)] (ii) "Criminal trespass" means the elements of the crime of criminal trespass, as
1979     set forth in Section 76-6-206.
1980          [(c)] (iii) "Division" means the Division of State Parks created in Section 79-4-201.
1981          [(d)] (iv) "State park lands" means all lands administered by the division.
1982          (b) Terms defined in Sections 76-1-101.5 and 76-6-201 apply to this section.
1983          (2) [A person is guilty of] An actor commits criminal trespass on state park lands and
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 [person] actor:
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 [someone] a person with actual authority to
1993     act for the division, or by a law enforcement officer.
1994          (3) A violation of Subsection (2) is a class B misdemeanor.
1995          [(3)] (4) [A person is not guilty of] A person does not commit criminal trespass if that
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          [(4) A violation of Subsection (2) is a class B misdemeanor.]

2000          (5) (a) In addition to an order for restitution under Section 77-38b-205, [a person] an
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          [(a)] (i) damages resulting from a violation of Subsection (2);
2004          [(b)] (ii) the water, mineral, vegetation, improvement, or structure on state park lands
2005     that is removed, destroyed, used, or consumed without authorization;
2006          [(c)] (iii) the historical, prehistorical, archaeological, or paleontological resource on
2007     state park lands that is removed, destroyed, used, or consumed without authorization; or
2008          [(d)] (iv) the consideration which would have been charged by the division for
2009     unauthorized use of the land and resources during the period of trespass.
2010          [(6)] (b) Civil damages awarded under Subsection (5)(a):
2011          (i) may be collected in a separate action by the division[,]; and
2012          (ii) shall be deposited [in] into the State [Parks] Park Fees Restricted Account as
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          [(a)] (i) "Agricultural or range land" and "land" mean land as defined under
2018     Subsections [(1)(d) and (e)] (1)(a)(iv) and (v).
2019          [(b)] (ii) "Authorization" means specific written permission by, or contractual
2020     agreement with, the owner or manager of the property.
2021          [(c)] (iii) "Criminal trespass" means the elements of the crime of criminal trespass
2022     under Section 76-6-206.
2023          [(d)] (iv) "Land in agricultural use" has the same meaning as in Section 59-2-502.
2024          [(e)] (v) (A) "Range land" means privately owned land that is not fenced or divided
2025     into lots and that is generally unimproved. [This land]
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) [A person is guilty of the class B misdemeanor criminal offense of] An actor
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 [person] actor enters or remains on agricultural or
2032     range land regarding which notice prohibiting entry is given by:
2033          (a) personal communication to the [person] actor by the owner of the land, an
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          [(3) A person is guilty of the class B misdemeanor criminal offense of cutting,
2040     destroying, or rendering ineffective the fencing of agricultural or range land if the person
2041     willfully cuts, destroys, or renders ineffective any fencing as described under Subsection
2042     (2)(b).]
2043          [(4)] (3) A violation of Subsection (2) is a class B misdemeanor.
2044          (4) In addition to an order for restitution under Section 77-38b-205, [a person] an actor
2045     who commits any violation of Subsection (2) [or (3)] may also be liable for:
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; [and]
2048          (b) reasonable attorney fees not to exceed $250[,]; and
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          [(a)] (ii) "Long-term guest" means an individual who is not a tenant but who is given
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          [(i)] (A) for a period of time longer than 48 hours; and
2061          [(ii)] (B) without providing the owner or primary occupant of the residence
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          [(b)] (iii) "Residence" means an improvement to real property used or occupied as a
2065     primary or secondary dwelling.
2066          [(c)] (iv) "Tenant" means a person who has the right to occupy a residence under a
2067     rental agreement or lease, or has a tenancy by operation of law.
2068          [(2) A long-term guest is guilty of criminal trespass of a residence if, under
2069     circumstances not amounting to burglary as defined in Section 76-6-202, 76-6-203, or
2070     76-6-204, the long-term guest]
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     [long-term guest] actor receives notice against remaining in the residence by personal
2076     communication to the [long-term guest] actor by the person who is the primary occupant of 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 [individual] actor from a residence for
2080     a violation of [this section] Subsection (2), the law enforcement officer shall provide the

2081     [individual] actor a reasonable time for the [individual] actor to collect the [individual's] actor's
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) [A person] As used in this section, an act is considered to be "in the course of
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) [the person] unlawfully and intentionally takes or attempts to take personal property
2110     in the possession of [another] an individual from [his] the individual's person, or immediate
2111     presence, against [his] the individual's will, by means of force or fear, and with a purpose or
2112     intent to deprive the [person] individual permanently or temporarily of the personal property;
2113     or
2114          (b) [the person] intentionally or knowingly uses force or fear of immediate force
2115     against [another] an individual in the course of committing a theft or [wrongful appropriation]
2116     unauthorized possession of property.
2117          [(2) An act is considered to be "in the course of committing a theft or wrongful
2118     appropriation" if it occurs:]
2119          [(a) in the course of an attempt to commit theft or wrongful appropriation;]
2120          [(b) in the commission of theft or wrongful appropriation; or]
2121          [(c) in the immediate flight after the attempt or commission.]
2122          (3) [Robbery is a felony of the] A violation of Subsection (2) is a second degree felony.
2123          Section 48. Section 76-6-302 is amended to read:
2124          76-6-302. Aggravated robbery.
2125          (1) (a) [A person] As used in this section, an act is considered to be "in the course of
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, [he]
2130     the actor:
2131          (a) uses or threatens to use a dangerous weapon [as defined in Section 76-1-101.5];
2132          (b) causes serious bodily injury [upon another] to another individual; or
2133          (c) takes or attempts to take an operable motor vehicle.
2134          (3) A violation of Subsection (2) is a first degree felony.

2135          [(2) Aggravated robbery is a first degree felony.]
2136          [(3) For the purposes of this part, an act shall be considered to be "in the course of
2137     committing a robbery" if it occurs in an attempt to commit, during the commission of, or in the
2138     immediate flight after the attempt or commission of a robbery.]
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 [Sections 76-6-404 through 76-6-410] this part, subject to the power of the court to
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) [A person] An actor commits theft if [he] the actor obtains or exercises
2152     unauthorized control over [the] another person's property [of another] with a purpose to deprive
2153     [him thereof] the person of the person's property.
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) [A person] Terms defined in Section 76-1-101.5 apply to this section.
2194          (2) An actor commits [wrongful appropriation] unauthorized possession of property if
2195     [he] the actor obtains or exercises unauthorized control over [the] another person's property [of
2196     another], without the consent of the property's owner or legal custodian, and with the intent to
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          [(2) The consent of the owner or legal custodian of the property to its control by the
2200     actor is not presumed or implied because of the owner's or legal custodian's consent on a
2201     previous occasion to the control of the property by any person.]
2202          [(3) Wrongful appropriation is punishable one degree lower than theft, as provided in
2203     Section 76-6-412, so that a violation which would have been:]
2204          [(a) a second degree felony under Section 76-6-412 if it had been theft is a third degree
2205     felony if it is wrongful appropriation;]
2206          [(b) a third degree felony under Section 76-6-412 if it had been theft is a class A
2207     misdemeanor if it is wrongful appropriation;]
2208          [(c) a class A misdemeanor under Section 76-6-412 if it had been theft is a class B
2209     misdemeanor if it is wrongful appropriation; and]
2210          [(d) a class B misdemeanor under Section 76-6-412 if it had been theft is a class C
2211     misdemeanor if it is wrongful appropriation.]
2212          [(4)] (3) [Wrongful appropriation] A violation of Subsection (2) is:
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) [A person is guilty of] An actor commits theft of motor vehicle fuel [who] if the
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          [(3)] (4) (a) In addition to the penalties [for theft under Section 76-6-412] described in
2302     Subsection (3), the sentencing court may order the suspension of the driver license of [a
2303     person] an actor convicted of theft of motor vehicle fuel.
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) [A person] An actor commits theft by deception if the [person] actor obtains or
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          [(3)] (4) Theft by deception does not occur when there is only:
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          [(1) An actor is guilty of theft if the actor obtains or exercises control over the property
2360     of another person by extortion and with a purpose to deprive the person of the person's
2361     property.]
2362          [(2)] (1) (a) As used in this section, extortion occurs when an actor threatens to:
2363          [(a)] (i) cause physical harm in the future to the person threatened, [or] to any other
2364     person, or to property at any time;
2365          [(b)] (ii) subject the person threatened or any other person to physical confinement or
2366     restraint;
2367          [(c)] (iii) engage in other conduct constituting a crime;
2368          [(d)] (iv) accuse any person of a crime or expose any person to hatred, contempt, or
2369     ridicule;
2370          [(e)] (v) reveal any information sought to be concealed by the person threatened;
2371          [(f)] (vi) testify [or], provide information, or withhold testimony or information with
2372     respect to a person's legal claim or defense;
2373          [(g)] (vii) take action as an official against anyone or anything, or withhold official
2374     action, or cause such action or withholding;
2375          [(h)] (viii) bring about or continue a strike, boycott, or other similar collective action to
2376     obtain property that is not demanded or received for the benefit of the group that the actor
2377     purports to represent; or

2378          [(i)] (ix) do any other act which would not in itself substantially benefit the actor but
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          [(3)] (4) (a) A person who is adversely impacted by the conduct prohibited in
2423     Subsection [(1)] (2) may bring a civil action for equitable relief and damages.
2424          (b) In accordance with Section 78B-2-305, a person who brings an action under
2425     Subsection [(3)(a)] (4)(a) shall commence the action within three years after the day on which
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          [A person commits theft when:]
2430          (1) [He] Terms defined in Section 76-1-101.5 apply to this section.
2431          (2) An actor commits theft of lost, mislaid, or mistakenly delivered property if the

2432     actor:
2433          (a) obtains another person's property [of another which he] and knows the property to
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 [it] the property to the owner; and
2437          [(2)] (b) [He] has the purpose to deprive the owner of the property when [he] the actor
2438     obtains the property or at any time [prior to] before taking the measures [designated in
2439     paragraph (1)] described in Subsection (2)(a).
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          [(a)] (i) "Catalytic converter purchaser" means the same as that term is defined in
2482     Section 13-32a-102.
2483          [(b)] (ii) "Coin dealer" means the same as that term is defined in Section 13-32a-102.
2484          [(c)] (iii) "Pawnbroker" means the same as that term is defined in Section 13-32a-102.
2485          [(d)] (iv) "Receives" means acquiring possession, control, title, or lending on the

2486     security of the property.
2487          [(e)] (v) "Scrap metal processor" means the same as that term is defined in Section
2488     76-6-1402.
2489          [(f)] (vi) "Secondhand actor" means:
2490          [(i)] (A) a pawnbroker;
2491          [(ii)] (B) a person who has or operates a business dealing in or collecting used or
2492     secondhand merchandise or personal property; or
2493          [(iii)] (C) an agent, employee, or representative of a pawnbroker or person who buys,
2494     receives, or obtains property.
2495          (b) Terms defined in Section 76-1-101.5 apply to this section.
2496          (2) [A person] An actor commits theft by receiving stolen property if the [person] actor
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          [(3)] (4) Except as provided in Subsection [(4)] (5), the knowledge or belief required
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          [(4)] (5) (a) The knowledge or belief required under Subsection (2) may only be
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          [(5)] (6) Unless acting as a catalytic converter purchaser, Subsection [(4)(c)] (5)(c)
2542     does not apply to a scrap metal processor.
2543          [(6)] (7) This section does not preclude the admission of evidence in accordance with
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) [A person] As used in this section, "service" includes:
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 [if he] of service if:
2561          (a) the actor, by deception, threat, force, or another means designed to avoid due
2562     payment, obtains [services which he] a service that the actor knows [are] is available only for
2563     compensation [by deception, threat, force, or any other means designed to avoid the due
2564     payment for them.]; or
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          [(2) A person commits theft if, having control over the disposition of services of
2605     another, to which he knows he is not entitled, he diverts the services to his own benefit or to
2606     the benefit of another who he knows is not entitled to them.]
2607          [(3) In this section "services" includes, but is not limited to, labor, professional service,
2608     public utility and transportation services, restaurant, hotel, motel, tourist cabin, rooming house,
2609     and like accommodations, the supplying of equipment, tools, vehicles, or trailers for temporary
2610     use, telephone or telegraph service, steam, admission to entertainment, exhibitions, sporting
2611     events, or other events for which a charge is made.]
2612          [(4) Under this section "services" includes gas, electricity, water, sewer, or cable
2613     television services, only if the services are obtained by threat, force, or a form of deception not
2614     described in Section 76-6-409.3.]
2615          [(5) Under this section "services" includes telephone services only if the services are
2616     obtained by threat, force, or a form of deception not described in Sections 76-6-409.5 through
2617     76-6-409.9.]
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          [(1) A person may not knowingly:]
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) [make or possess any] makes or possesses an instrument, apparatus, equipment, or
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) [sell, offer to sell, advertise, give, transport, or otherwise transfer to another any
2628     information,] sells, offers to sell, advertises, gives, transports, or otherwise transfers to another
2629     person:
2630          (i) an instrument, apparatus, equipment, or device[,]; or
2631          (ii) any information, plan, or instruction for obtaining, making, or assembling [the
2632     same] an instrument, apparatus, equipment, or device, with intent that [it] the instrument,
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          [(2) (a) Any information, instrument, apparatus, equipment, or device, or information,
2636     plan, or instruction referred to in Subsection (1) may be seized pursuant to a court order, lawful
2637     search and seizure, lawful arrest, or other lawful process.]
2638          [(b) Upon the conviction of any person for a violation of any provision of this section,
2639     any information, instrument, apparatus, equipment, device, plan, or instruction shall be
2640     destroyed as contraband by the sheriff of the county in which the person was convicted.]
2641          (3) (a) [A person who violates any provision] A violation of Subsection [(1) or] (2) is
2642     [guilty of] a class A misdemeanor.
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) [Criminal prosecutions] A criminal prosecution under this section [do] does not
2650     affect any person's right of civil action for redress for damages suffered as a result of [any] a
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          [(a)] (i) "Cable television service" means [any] an audio, video, or data service
2657     provided for payment by a cable television company over [its] the cable company's cable
2658     system facilities [for payment], but does not include the use of a satellite dish or antenna.
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          [(b)] (iii) "Owner" includes [any part-owner] a partial owner, joint owner, tenant in
2662     common, joint tenant, or tenant by the entirety of the whole or a part of [any] a building and the
2663     property on which [it] the building is located.
2664          [(c)] (iv) "Person" means [any] an individual, firm, partnership, corporation, company,
2665     association, or other legal entity.
2666          [(d)] (v) "Tenant [or occupant]" includes [any] a person, including the owner, who
2667     occupies the whole or part of any building, whether alone or with others.
2668          [(e)] (vi) "Utility" means any public utility, [municipally-owned] municipally owned
2669     utility, or cooperative utility [which] that provides electricity, gas, water, or sewer, or any
2670     combination of [them] electricity, gas, water, or sewer, for sale to consumers.
2671          (b) Terms defined in Section 76-1-101.5 apply to this section.
2672          (2) [A person is guilty of] An actor commits theft of a utility or cable television service
2673     if [the person commits any prohibited acts which make], with intent to avoid due payment to
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 [himself, with intent to avoid due
2676     payment to the utility or cable television company. Any person aiding and abetting in these
2677     prohibited acts is a party to the offense under Section 76-2-202. Prohibited acts include:] to the
2678     actor, by committing any of the following acts:
2679          (a) connecting [any] a tube, pipe, wire, cable, or other instrument with any meter,
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 [its] the gas, electricity, water, sewer, or cable television passing through a meter or
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 [which the person] that the actor is not
2689     authorized by the company to receive;
2690          (c) reconnecting a gas, electricity, water, sewer, or cable television [connections]
2691     connection or otherwise restoring service when one or more of those utilities or cable service
2692     [have] has been lawfully disconnected or turned off by the provider of the utility or cable
2693     service;
2694          (d) intentionally breaking, defacing, or causing to be broken or defaced [any] a seal,
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 [their] the gas, electricity, water, or sewer service passing through a metering
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 [any] a person in obtaining or attempting to obtain any cable
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 [any cables, wires, components, or other
2717     devices] a cable, wire, component, or other device used for the distribution of cable television
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 [services] service offered for sale
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. [For purposes of this
2724     subsection, device or printed circuit board does not include the use of a satellite dish or
2725     antenna.]
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          [(3)] (4) (a) The presence on property in the possession of [a person of any device] an
2767     actor of a device or alteration [which] that permits the diversion or use of utility or cable
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 [person] actor in possession of the property installed the
2771     device or caused the alteration if:
2772          [(a)] (i) the presence of the device or alteration can be attributed only to a deliberate act
2773     in furtherance of an intent to avoid payment for utility or cable television service; and
2774          [(b)] (ii) the [person] actor charged has received the direct benefit of the reduction of
2775     the cost of the utility or cable television service.
2776          [(4) A person who violates this section is guilty of the offense of theft of utility or
2777     cable television service.]
2778          [(a) In the case of theft of utility services, if the value of the gas, electricity, water, or
2779     sewer service:]
2780          [(i) is less than $500, the offense is a class B misdemeanor;]
2781          [(ii) is or exceeds $500 but is not more than $1,500, the offense is a class A
2782     misdemeanor;]

2783          [(iii) is or exceeds $1,500 but is not more than $5,000, the offense is a third degree
2784     felony; and]
2785          [(iv) is or exceeds $5,000 or if the offender has previously been convicted of a
2786     violation of this section, the offense is a second degree felony.]
2787          [(b) In the case of theft of cable television services, the penalties are prescribed in
2788     Section 76-6-412.]
2789          [(5) A person who violates this section shall make restitution to the utility or cable
2790     television company for the value of the gas, electricity, water, sewer, or cable television service
2791     consumed in violation of this section plus all reasonable expenses and costs incurred on
2792     account of the violation of this section. Reasonable expenses and costs include expenses and
2793     costs for investigation, disconnection, reconnection, service calls, employee time, and
2794     equipment use.]
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          [(6)] (5) (a) Criminal prosecution under this section does not affect the right of a utility
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          [(7)] (b) This section does not abridge or alter any other right, action, or remedy
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 [through], 76-6-409.7, 76-6-409.8,
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) [Any person who uses] Terms defined in Sections 76-1-101.5 and 76-6-409.5 apply
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 [any] a lawful charge for telecommunication
2871     service; or
2872          (b) with the knowledge that [it] the use of the telecommunication device was to avoid
2873     the payment of [any] a lawful charge for telecommunication service [is guilty of:].
2874          (3) (a) A violation of Subsection (2) is:
2875          [(a)] (i) a class B misdemeanor, if the value of the telecommunication service is less
2876     than $300 or cannot be ascertained;
2877          [(b)] (ii) a class A misdemeanor, if the value of the telecommunication service charge
2878     is or exceeds $300 but is not more than $1,000;
2879          [(c)] (iii) a third degree felony, if the value of the telecommunication service is or
2880     exceeds $1,000 but is not more than $5,000; or
2881          [(d)] (iv) a second degree felony, if:
2882          [(i)] (A) the value of the telecommunication service is or exceeds $5,000; [or]
2883          [(ii)] (B) the cloned cellular telephone was used to facilitate the commission of a
2884     felony[.]; or
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          [(2) Any person who has been convicted previously of an offense under this section is
2889     guilty of a second degree felony upon a second conviction and any subsequent conviction.]
2890          Section 62. Section 76-6-409.7 is amended to read:

2891          76-6-409.7. Possession of unlawful telecommunication device.
2892          (1) [Any person who] Terms defined in Sections 76-1-101.5 and 76-6-409.5 apply to
2893     this section.
2894          (2) An actor commits possession of unlawful telecommunication device if the actor
2895     knowingly possesses an unlawful telecommunication device [is guilty of a class B
2896     misdemeanor].
2897          [(2)] (3) (a) [Any person who] Except as provided in Subsection (3)(b) or (3)(c), a
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 [is guilty of a third degree felony].
2902          [(3)] (c) [Any person is guilty of a] A violation of Subsection (2) is a second degree
2903     felony [who] if the actor:
2904          [(a)] (i) knowingly and unlawfully possesses an instrument capable of intercepting
2905     electronic serial number and mobile identification number combinations under circumstances
2906     evidencing an intent to clone; or
2907          [(b)] (ii) knowingly and unlawfully possesses cloning paraphernalia under
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) [Any person is guilty of a third degree felony who] Terms defined in Sections
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          [(2)] (b) [If] A violation of Subsection (2) is a second degree felony if the offense
2923     [under this section] involves the intentional sale of five or more unlawful telecommunication
2924     devices within a six-month period[, the person committing the offense is guilty of a second
2925     degree felony].
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) [Any person who] Terms defined in Sections 76-1-101.5 and 76-6-409.5 apply to
2931     this section.
2932          (2) An actor commits manufacture of unlawful telecommunication device if the actor
2933     intentionally manufactures an unlawful telecommunication device [is guilty of a third degree
2934     felony].
2935          [(2)] (3) (a) [If the offense under this section] Except as provided in Subsection (3)(b),
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[, the person committing the offense is guilty of a second degree felony].
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) [A person] Terms defined in Sections 76-1-101.5 and 76-6-409.5 apply to this

2945     section.
2946          (2) (a) (i) An actor who violates [Sections 76-6-409.5 through] Section 76-6-409.6,
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 [violation of this section]
2949     the violation plus all reasonable expenses and costs incurred on account of the violation [of this
2950     section].
2951          (ii) Reasonable expenses and costs include expenses and costs for investigation,
2952     service calls, employee time, and equipment use.
2953          [(2)] (b) [Criminal] A criminal prosecution under [this section] Section 76-6-409.6,
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 [this section] Section 76-6-409.6, 76-6-409.7, 76-6-409.8, or
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          [A person is guilty of theft if:]
2963          (1) [Having] Terms defined in Section 76-1-101.5 apply to this section.
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 [himself] the
2967     actor or another person and the property's owner [thereof whereby];
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 [such] the owner's property[, he];
2970     and
2971          (iii) the actor intentionally uses or operates [it] the owner's property, without the

2972     consent of the owner, for [his] the actor's own purposes in a manner constituting a gross
2973     deviation from the agreed purpose; or
2974          [(2)] (b) (i) [Having] the actor has custody of any property pursuant to a rental or lease
2975     agreement [where it] in which the property is to be returned in a specified manner or at a
2976     specified time[,]; and
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          [(a)] (i) "Motor vehicle" means a self-propelled vehicle that is intended primarily for
3009     use and operation on the highways.
3010          [(b)] (ii) "Rental agreement" means [any] a written agreement stating the terms and
3011     conditions governing the use of a motor vehicle provided by a rental company.
3012          [(c)] (iii) "Rental company" means [any] a person or organization in the business of
3013     providing motor vehicles to the public.
3014          [(d)] (iv) "Renter" means [any] a person or organization obtaining the use of a motor
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) [A renter is guilty of] An actor commits theft of a rental vehicle if[,] the actor:
3018          (a) is a renter; and
3019          (b) without notice to and permission of the rental company, [the renter] knowingly fails
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          [(3)] (4) If [the] a motor vehicle is not rented on a periodic tenancy basis, the rental
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 [(3)(a)] (4)(a).
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) [In any case not amounting to a felony of the second degree, any person who]
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 [any] a fur-bearing animal raised for commercial
3042     purposes [is guilty of a felony of the third degree].
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          [(2)] (4) The Legislature finds that the release of a fur-bearing [animals] animal raised
3048     for commercial purposes subjects the [animals] animal to unnecessary suffering through
3049     deprivation of food and shelter and compromises [their] the animal's genetic integrity, thereby
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 [part] section:
3057          [(a)] (i) "Authentication feature" means any hologram, watermark, certification,
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          [(b)] (ii) "Document-making implement" means any implement, impression, template,
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          [(c)] (iii) "False authentication feature" means an authentication feature that:
3068          [(i)] (A) is genuine in origin but that, without the authorization of the issuing authority,
3069     has been tampered with or altered for purposes of deceit;
3070          [(ii)] (B) is genuine, but has been distributed, or is intended for distribution, without
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          [(iii)] (C) appears to be genuine, but is not.
3075          [(d)] (iv) "False identification document" means a document of a type intended or
3076     commonly accepted for the purposes of identification of individuals, and that:
3077          [(i)] (A) is not issued by or under the authority of a governmental entity or was issued
3078     under the authority of a governmental entity but was subsequently altered for purposes of
3079     deceit; and

3080          [(ii)] (B) appears to be issued by or under the authority of a governmental entity.
3081          [(e)] (v) "Governmental entity" means the United States government, a state, a political
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          [(f)] (vi) "Identification document" means a document made or issued by or under the
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          [(g)] (vii) "Issuing authority" means:
3089          [(i)] (A) any governmental entity that is authorized to issue identification documents,
3090     means of identification, or authentication features; or
3091          [(ii)] (B) a business organization or financial institution or its agent that issues a
3092     financial transaction card as defined in Section 76-6-506.
3093          [(h)] (viii) "Means of identification" means any name or number that may be used,
3094     alone or in conjunction with any other information, to identify a specific individual, including:
3095          [(i)] (A) name, social security number, date of birth, government issued driver license
3096     or identification number, alien registration number, government passport number, or employer
3097     or taxpayer identification number;
3098          [(ii)] (B) unique biometric data, such as fingerprint, voice print, retina or iris image, or
3099     other unique physical representation; or
3100          [(iii)] (C) unique electronic identification number, address, or routing code.
3101          [(i)] (ix) "Personal identification card" means an identification document issued by a
3102     governmental entity solely for the purpose of identification of an individual.
3103          [(j)] (x) "Produce" includes altering, authenticating, or assembling.
3104          [(k)] (xi) "State" includes any state of the United States, the District of Columbia, the
3105     Commonwealth of Puerto Rico, and any other commonwealth, possession, or territory of the
3106     United States.

3107          [(l)] (xii) "Traffic" means to:
3108          [(i)] (A) transport, transfer, or otherwise dispose of an item to another, as consideration
3109     for anything of value; or
3110          [(ii)] (B) make or obtain control of with intent to transport, transfer, or otherwise
3111     dispose of an item to another.
3112          [(m)] (xiii) "Writing" includes printing, electronic storage or transmission, or any other
3113     method of recording valuable information including forms such as:
3114          [(i)] (A) checks, tokens, stamps, seals, credit cards, badges, trademarks, money, and
3115     any other symbols of value, right, privilege, or identification;
3116          [(ii)] (B) a security, revenue stamp, or any other instrument or writing issued by a
3117     government or any agency; or
3118          [(iii)] (C) a check, an issue of stocks, bonds, or any other instrument or writing
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) [A person is guilty of] An actor commits forgery if, with purpose to defraud
3123     anyone, or with knowledge that the [person] actor is facilitating a fraud to be perpetrated by
3124     anyone, the [person] actor:
3125          (a) alters any writing of another person without [his] the person's authority or utters the
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          [(3)] (4) It is not a defense to a charge of forgery under Subsection (2)(b)(ii) if an actor
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          [(4) A person is guilty of producing or transferring any false identification document
3142     who:]
3143          [(a) knowingly and without lawful authority produces, attempts, or conspires to
3144     produce an identification document, authentication feature, or a false identification document
3145     that is or appears to be issued by or under the authority of an issuing authority;]
3146          [(b) transfers, or possesses with intent to transfer, an identification document,
3147     authentication feature, or a false identification document knowing that the document or feature
3148     was stolen or produced without lawful authority;]
3149          [(c) produces, transfers, or possesses a document-making implement or authentication
3150     feature with the intent that the document-making implement or the authentication feature be
3151     used in the production of a false identification document or another document-making
3152     implement or authentication feature; or]
3153          [(d) traffics in false or actual authentication features for use in false identification
3154     documents, document-making implements, or means of identification.]
3155          [(5) A person who violates:]
3156          [(a) Subsection (2) is guilty of a third degree felony; and]
3157          [(b) Subsection (4) is guilty of a second degree felony.]
3158          [(6)] (5) This [part] section may not be construed to impose criminal or civil liability
3159     on any law enforcement officer acting within the scope of a criminal investigation.
3160          [(7)] (6) The forfeiture of property under this [part] section, including any seizure and

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          [(8)] (7) The court shall order, in addition to the penalty prescribed for any person
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[, "device"]:
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 [individual] actor who, with intent to defraud, knowingly possesses a writing[,
3201     as defined in Section 76-6-501,] that is a forgery under Section 76-6-501[,] or 76-6-501.5, or
3202     who with intent to defraud knowingly possesses a device for making a writing[, as defined in
3203     Section 76-6-501,] that is a forgery under Section [76-6-501, is guilty of a third degree felony.]
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) ["Lien"] As used in this section, "lien" means:

3215          [(a)] (i) an instrument or document filed pursuant to Section 70A-9a-516;
3216          [(b)] (ii) a nonconsensual common law document as defined in Section 38-9-102;
3217          [(c)] (iii) a wrongful lien as defined in Section 38-9-102; or
3218          [(d)] (iv) any instrument or document that creates or purports to create a lien or
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) [A person is guilty of] An actor commits the crime of wrongful lien if [that person]
3222     the actor knowingly makes, utters, records, or files a lien:
3223          (a) having no objectively reasonable basis to believe [he] that the actor has a present
3224     and lawful property interest in the property or a claim on the assets; or
3225          (b) if the [person] actor files the lien in violation of a civil wrongful lien injunction
3226     pursuant to Title 38, Chapter 9a, Wrongful Lien Injunctions.
3227          (3) (a) [A violation of this section] Except as provided in Subsection (3)(b), a violation
3228     of Subsection (2) is a third degree felony [unless the person].
3229          (b) If an actor has been previously convicted of an offense under this section[, in which
3230     case the violation] or Section 76-6-503.6, a violation of Subsection (2) is a second degree
3231     felony.
3232          [(4) (a) Any person who with intent to deceive or injure anyone falsifies, destroys,
3233     removes, records, or conceals any will, deed, mortgage, security instrument, lien, or other
3234     writing for which the law provides public recording is guilty of fraudulent handling of
3235     recordable writings.]
3236          [(b) A violation of Subsection (4)(a) is a third degree felony unless the person has been
3237     previously convicted of an offense under this section, in which case the violation is a second
3238     degree felony.]
3239          [(5)] (4) This section does not prohibit prosecution for any act in violation of Section
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          [(1) No person shall cause a record to be communicated to the filing office, as defined
3267     in Section 70A-9a-513.5, for filing if:]
3268          [(a) the person is not authorized to file the record under Section 70A-9a-509,

3269     70A-9a-708, or 70A-9a-807;]
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          [(b)] (c) the record is not related to an existing or anticipated transaction that is or will
3278     be governed by Title 70A, Chapter 9a, Uniform Commercial Code - Secured Transactions; and
3279          [(c)] (d) the record is filed knowingly or intentionally to:
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          [(2)] (3) (a) [A person who violates] A violation of Subsections [(1)(a)] (2)(a), (b), (c),
3283     and [(c)(i) is guilty of] (d)(i) is a class B misdemeanor for a first offense and a class A
3284     misdemeanor for a second or subsequent offense.
3285          (b) [A person who violates] A violation of Subsections [(1)(a)] (2)(a), (b), (c), and
3286     [(c)(ii) is guilty of] (d)(ii) is a third degree felony.
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) [Any person who,] As used in this section, "writing" means the same as that
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[,]; and
3301          (b) executes an action described in Subsection (1)(a) with intent to:
3302          (i) deceive or injure any person; or [to]
3303          (ii) conceal any wrongdoing [is guilty of tampering with records].
3304          [(2)] (3) [Tampering with records] A violation of Subsection (2) is a class B
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          [(1) (a) Any person who]
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[, knowing it];
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[, is guilty of issuing a bad check or draft].
3321          [(b)] (ii) For purposes of this Subsection [(1), a person] (2)(a), an actor who issues a
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 [he] the actor had no account with the drawee at the time of issue.
3324          [(2)] (b) [Any person who] An actor commits issuing a bad check or draft if:
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 [which] the check or draft is legally refused by the drawee[, is guilty of
3330     issuing a bad check or draft if he]; and
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 [his] the actor receiving actual notice of the check or
3333     draft's nonpayment.
3334          (3) [An offense of issuing a bad check or draft shall be] A violation of Subsection
3335     (2)(a) or (b) is punished as follows:
3336          (a) [If] if the check or draft or series of checks or drafts made or drawn in this state
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) [If] if the check or draft or checks or drafts made or drawn in this state within a
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) [If] if the check or draft or checks or drafts made or drawn in this state within a
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 [of the third degree.]; or
3345          (d) [If] if the check or draft or checks or drafts made or drawn in this state within a
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 [this part] Sections 76-6-506.2, 76-6-506.3, 76-6-506.6, 76-6-506.8, and
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          [It is unlawful for any person to:]
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 [use a false, fictitious, altered, counterfeit,] uses a revoked, expired,
3396     stolen, or fraudulently obtained financial transaction card to obtain or attempt to obtain credit,
3397     goods, property, or services;
3398          [(2)] (b) knowingly, with the intent to defraud, [use] uses a financial transaction card,
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          [(3)] (c) knowingly, with the intent to defraud, [use] uses a financial transaction card to
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          [(4) (a) knowingly, with the intent to defraud, make application for a financial
3406     transaction card to an issuer and make or cause to be made a false statement or report of the
3407     person's name, occupation, financial condition, assets, or personal identifying information; or]
3408          [(b) willfully and substantially undervalue or understate any indebtedness for the
3409     purposes of influencing the issuer to issue the financial transaction card; or]
3410          [(5)] (d) knowingly, with the intent to defraud, [present or cause] presents or causes to
3411     be presented to the issuer or an authorized credit card merchant, for payment or collection, any
3412     credit card sales draft, if:
3413          [(a)] (i) the draft is counterfeit or fictitious;
3414          [(b)] (ii) the purported sales evidenced by any credit card sales draft did not take place;
3415          [(c)] (iii) the purported sale was not authorized by the card holder; or
3416          [(d)] (iv) the items or services purported to be sold as evidenced by the credit card sales
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          [(1) Under circumstances that do not constitute a violation of Subsection (2), an
3441     individual is guilty of a third degree felony who:]
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          [(a)] (i) acquires a financial transaction card from another without the consent of the
3447     card holder or the issuer;
3448          [(b)] (ii) receives a financial transaction card with intent to use the financial transaction
3449     card in violation of Section 76-6-506.2;
3450          [(c)] (iii) sells or transfers a financial transaction card to a person with knowledge that
3451     the financial transaction card will be used in violation of Section 76-6-506.2;
3452          [(d)] (iv) [(i)] (A) acquires a financial transaction card that the individual knows was
3453     lost, mislaid, stolen, or delivered under a mistake as to the identity or address of the card
3454     holder; and
3455          [(ii)] (B) [(A)] (I) retains possession with intent to use the financial transaction card in
3456     violation of Section 76-6-506.2; or
3457          [(B)] (II) sells or transfers the financial transaction card to a person with knowledge

3458     that the financial transaction card will be used in violation of Section 76-6-506.2; or
3459          [(e)] (v) possesses, sells, or transfers any information necessary for the use of a
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          [(i)] (A) [(A)] (I) without the consent of the card holder or the issuer; or
3463          [(B)] (II) with knowledge that the information has been acquired without consent of the
3464     card holder or the issuer; and
3465          [(ii)] (B) with intent to use the information in violation of Section 76-6-506.2[.]; or
3466          [(2)] (b) [An individual is guilty of a second degree felony who] possesses, sells, or
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          [(a)] (i) with intent to use the information in violation of Section 76-6-506.2; or
3471          [(b)] (ii) with knowledge that the information will be used by another in violation of
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          [It is unlawful for any person,]
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[, acting];
3488          (b) without the express authorization of the issuer[,]; and
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 [which
3493     was]; and
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          [(a)] (ii) "Financial transaction card" or "card" means any credit card, credit plate, bank
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          [(i)] (A) obtaining money, goods, services, or anything else of value on credit; or
3524          [(ii)] (B) certifying or guaranteeing to a merchant the availability to the card holder of
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          [(b)] (iii) [(i)] (A) "Merchant" means an owner or operator of any retail mercantile
3529     establishment or any agent, employee, lessee, consignee, officer, director, franchisee, or
3530     independent contractor of the owner or operator.
3531          [(ii)] (B) "Merchant" also means a person:
3532          [(A)] (I) who receives from a card holder, or a third person the merchant believes to be
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          [(B)] (II) who accepts the financial transaction card or information from a card under
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          [(c)] (iv) "Reencoder" means an electronic device that places encoded information

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          [(d)] (v) "Scanning device" means a scanner, reader, or any other electronic device
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          [(2) (a) A person is guilty of a third degree felony who uses:]
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          [(i)] (a) a scanning device to access, read, obtain, memorize, or store, temporarily or
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          [(ii)] (b) a reencoder to place information encoded on the magnetic strip or stripe of a
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) [Any person] An actor who has been convicted previously of an offense under
3561     Subsection [(2)(a)] (2) is guilty of a second degree felony upon a second conviction and any
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          [(1) A person is guilty of a class B misdemeanor if, in the course of business, he:]
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 [he] the actor furnishes the weight or measure; or
3636          (c) sells, offers, or exposes for sale adulterated or mislabeled commodities.
3637          [(2) (a) "Adulterated" means varying from the standard of composition or quality
3638     prescribed, or pursuant to any statute providing criminal penalties for a variance, or set by
3639     established commercial usage.]
3640          [(b) "Mislabeled" means varying from the standard of truth or disclosure in labeling
3641     prescribed by or pursuant to any statute providing criminal penalties for a variance, or set by
3642     established commercial usage.]
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) [A person is guilty of a class A misdemeanor when,] Terms defined in Section
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          [(a)] (i) [he] confers, offers, or agrees to confer upon the employee, agent, or fiduciary
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          [(b)] (ii) [he,] as an employee, agent, or fiduciary of an employer or principal, solicits,
3663     accepts, or agrees to accept any benefit from another upon an agreement or understanding that
3664     such benefit will influence [his] the actor's conduct in relation to [his] the actor's, employer's,
3665     or principal's affairs; [provided that this section does not apply to inducements made or
3666     accepted solely for the purpose of causing a change in employment by an employee, agent, or
3667     fiduciary.] or
3668          [(2)] (b) (i) [A person is guilty of violation of this section if he holds himself] holds the
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 [he]
3671          (ii) solicits, accepts, or agrees to accept any benefit to influence [his] the actor's
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) [Any person who] Terms defined in Section 76-1-101.5 apply to this section.
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 [with]; and
3686          (b) has intent to influence [him] the labor official in respect to any of [his] the labor
3687     official's acts, decisions, or duties as a labor official [is guilty of bribery of a labor official].
3688          [(2)] (3) [Bribery of a labor official is a] A violation of Subsection (2) is a third degree
3689     felony [of the third degree].
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) [Any labor official who] Terms defined in Section 76-1-101.5 apply to this section.
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 [him] the labor official in any of [his] the labor

3701     official's acts, decisions, or duties as a labor official [is guilty of bribe receiving by a labor
3702     official].
3703          [(2)] (3) [Bribe receiving by a labor official is a] A violation of Subsection (2) is a third
3704     degree felony [of the third degree].
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          [A person is guilty of a class A misdemeanor if:]
3713          (1) [he] Terms defined in Section 76-1-101.5 apply to this section.
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          [(2)] (b) knowing that proceedings have been or are about to be instituted for the
3718     appointment of a person entitled to administer property for the benefit of creditors[, he]:
3719          [(a)] (i) destroys, removes, conceals, encumbers, transfers, or otherwise deals with any
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          [(b)] (ii) presents to any creditor or to an assignee for the benefit of creditors, orally or
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          [A person is guilty of a felony of the third degree if:]
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, [he] the actor receives or permits receipt of a deposit
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          [(2)] (b) [he] the actor knows that the person making the payment to the institution is
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          [(a)] (i) "Fiduciary" means the same as that term is defined in Section 22-1-1.
3754          [(b)] (ii) "Financial institution" means "depository institution" and "trust company" as

3755     defined in Section 7-1-103.
3756          [(c)] (iii) "Governmental entity" is as defined in Section 63G-7-102.
3757          [(d)] (iv) "Person" does not include a financial institution whose fiduciary functions are
3758     supervised by the Department of Financial Institutions or a federal regulatory agency.
3759          [(e)] (v) "Property" means the same as that term is defined in Section 76-6-401.
3760          (b) Terms defined in Section 76-1-101.5 apply to this section.
3761          (2) [A person is guilty of] An actor commits unlawfully dealing with property by a
3762     fiduciary if the [person] actor:
3763          (a) deals with property:
3764          (i) that has been entrusted to [him] the actor as a fiduciary, or property of a
3765     governmental entity, public money, or of a financial institution[,]; and
3766          (ii) in a manner which:
3767          (A) the [person] actor knows is a violation of the [person's] actor's duty; and [which]
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[. A violation of this Subsection (2) is punishable
3770     under Section 76-6-412.]; or
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) [A person acting as a fiduciary is guilty of a violation of this subsection if,
3777     without permission of the owner of the property or some other person with authority to give
3778     permission, the person pledges as collateral for a personal loan, or as collateral for the benefit
3779     of some party, other than the owner or the person for whose benefit the property was entrusted,
3780     the property that has been entrusted to the fiduciary.] A violation of Subsection (2)(a) is:
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) [An offense under Subsection (3)(a) is punishable as:] A violation of Subsection
3807     (2)(b) is:
3808          (i) a [felony of the] second degree felony if the value of the property wrongfully

3809     pledged is or exceeds $5,000;
3810          (ii) a [felony of the] third degree felony if the value of the property wrongfully pledged
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          [A person is guilty of a felony of the third degree if:]
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) [With] with a purpose to influence any participant or prospective participant not to
3827     give [his] the participant's or prospective participant's best efforts in a publicly exhibited
3828     contest, [he] confers or offers or agrees to confer any benefit upon or threatens any injury to a
3829     participant or prospective participant; [or]
3830          [(2)] (b) [With] with a purpose to influence an official in a publicly exhibited contest to
3831     perform [his] the official's duties improperly, [he] confers or offers or agrees to confer any
3832     benefit upon or threatens any injury to such official; [or]
3833          [(3)] (c) [With] with a purpose to influence the outcome of a publicly exhibited
3834     contest, [he] tampers with any person, animal, or thing contrary to the rules and usages
3835     purporting to govern the contest; or

3836          [(4)] (d) [He] knowingly solicits, accepts, or agrees to accept any benefit, the giving of
3837     which would be criminal under Subsection [(1) or] (2)(a) or (b).
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          [(1) A person is guilty of a class B misdemeanor if:]
3847          [(a) With a purpose to defraud the supplier of property or a service offered or sold by
3848     means of a coin machine, he inserts, deposits, or uses a slug in that machine; or]
3849          [(b) He makes, possesses, or disposes of a slug with the purpose of enabling a person
3850     to use it fraudulently in a coin machine.]
3851          [(2)] (1) (a) As used in this section:
3852          [(a)] (i) "Coin machine" means any mechanical or electronic device or receptacle
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          [(b)] (ii) "Slug" means any object which, by virtue of its size, shape, or other quality, is
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) [Any married man who] Terms defined in Section 76-1-101.5 apply to this section.
3874          (2) An actor commits fraudulent conveyance of marital real estate if the actor:
3875          (a) is married;
3876          (b) falsely represents [himself] the actor as unmarried; and [under such representation]
3877          (c) knowingly conveys or mortgages real estate [situate] situated in this state, without
3878     the assent or concurrence of [his wife] the actor's spouse when such consent or concurrence is
3879     necessary to relinquish [her] the spouse's inchoate statutory interest [therein, is guilty of a
3880     felony of the third degree].
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) [Any person who] Terms defined in Section 76-1-101.5 apply to this section.

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 [is guilty of making a false credit report].
3893          [(2)] (3) [Making a false credit report] A violation of Subsection (2) is a class A
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) [A person is guilty of] Terms defined in Section 76-1-101.5 apply to this section.
3903          (2) An actor commits criminal simulation if, with intent to defraud another, the actor:
3904          (a) [he] makes or alters an object in whole or in part so that it appears to have value
3905     because of age, antiquity, rarity, source, or authorship that it does not have;
3906          (b) [he] sells, passes, or otherwise utters an object so made or altered;
3907          (c) [he] possesses an object so made or altered with intent to sell, pass, or otherwise
3908     utter it; or
3909          (d) [he] authenticates or certifies an object so made or altered as genuine or as different
3910     from what it is.
3911          [(2)] (3) [Criminal simulation] A violation of Subsection (2) is punishable as follows:
3912          (a) [If] if the value defrauded or intended to be defrauded is less than $500, the offense
3913     is a class B misdemeanor[.];
3914          (b) [If] if the value defrauded or intended to be defrauded is or exceeds $500 but is less
3915     than $1,500, the offense is a class A misdemeanor[.];
3916          (c) [If] if the value defrauded or intended to be defrauded is or exceeds $1,500 but is

3917     less than $5,000, the offense is a third degree felony [of the third degree.]; or
3918          (d) [If] if the value defrauded or intended to be defrauded is or exceeds $5,000, the
3919     offense is a second degree felony [of the second degree].
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) [A person is guilty of criminal usury when he] Terms defined in Section 76-1-101.5
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          [(2)] (3) [Criminal usury is a felony of the third degree] A violation of Subsection (2) is
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) [A person] As used in this section, "runner" means the same as that term is
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 [that person] the actor with intent to
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[, as defined in Section 31A-31-102,]
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          [(2)] (3) (a) A violation of Subsection [(1)(a)(i)] (2)(a)(i) is a class A misdemeanor.
3975          (b) A violation of Subsections [(1)(a)(ii)] (2)(a)(ii) or [(1)(b)] (2)(b) through [(1)(h)]
3976     (2)(h) is [punishable as in the manner prescribed by Section 76-10-1801 for communication
3977     fraud for property of like value.]:
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 [(1)(a)(iii)] (2)(a)(iii) is:
3987          (i) [is] a class A misdemeanor if the value of the loss is less than $1,500 or unable to be
3988     determined; [or]
3989          (ii) [if the value of the loss is $1,500 or more, is punishable as in the manner prescribed
3990     by Section 76-10-1801 for communication fraud for property of like value.] a third degree
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          [(3)] (4) A corporation or association is guilty of the offense of insurance fraud under
3994     the same conditions as those set forth in Section 76-2-204.
3995          [(4)] (5) The determination of the degree of any offense under Subsections [(1)(a)(ii)]
3996     (2)(a)(ii) and [(1)(b)] (2)(b) through [(1)(h)] (2)(h) shall be measured by the total value of all
3997     property, money, or other things obtained or sought to be obtained by the fraudulent insurance

3998     act or acts described in Subsections [(1)(a)(ii)] (2)(a)(ii) and [(1)(b)] (2)(b) through [(1)(h)]
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          [(a)] (ii) "Broker" means any person who, for compensation of any kind, arranges for
4010     the sale, lease, sublease, or transfer of a vehicle.
4011          [(b)] (iii) "Dealer" means any person engaged in the business of selling, leasing, or
4012     exchanging vehicles for compensation of any kind.
4013          [(c)] (iv) "Lease" means any grant of use or possession of a vehicle for consideration,
4014     with or without an option to buy.
4015          [(d)] (v) "Security interest" means an interest in a vehicle that secures payment or
4016     performance of an obligation.
4017          [(e)] (vi) "Transfer" means any delivery or conveyance of a vehicle to another from one
4018     person to another.
4019          [(f)] (vii) "Vehicle" means every device in, upon, or by which any person or property is
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) [A dealer or broker or any other person in collusion with a dealer or broker is guilty
4024     of] An actor commits equity skimming of a vehicle if [he] the actor:

4025          (a) (i) transfers or arranges the transfer of a vehicle for consideration or profit[, when
4026     he]; and
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     without first obtaining written authorization of the lessor or holder of the security interest].
4031          (3) [Equity skimming of a vehicle] A violation of Subsection (2) is a third degree
4032     felony.
4033          (4) It is a defense to [the crime of equity skimming of a vehicle if the accused] a
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          [(a)] (i) "Competitive process" includes public auction or other public competitive
4047     bidding process.
4048          [(b)] (ii) "Natural resource or agricultural production" means:
4049          [(i)] (A) the extraction or production of oil, gas, hydrocarbons, or other minerals;
4050          [(ii)] (B) production for commercial purposes of crops, livestock, and livestock
4051     products, including grazing; or

4052          [(iii)] (C) activities similar in purpose to those listed in Subsections [(1)(b)(i) and (ii)]
4053     (1)(a)(ii)(A) and (B).
4054          (b) Terms defined in Section 76-1-101.5 apply to this section.
4055          (2) [A person is guilty of] An actor commits obstruction of the leasing of real property
4056     for natural resource or agricultural production if the [person] actor:
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 [person] actor makes the bid
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) [The offense of obstruction of the leasing of real property for natural resource or
4062     agricultural production] A violation of Subsection (2) is:
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) [A person who knowingly falsifies] Terms defined in Section 76-1-101.5 apply to
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[, is guilty of a class B misdemeanor].
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 [chapter] part:
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          [A person commits the offense of retail theft when he knowingly:]
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          [(1)] (a) [Takes] takes possession of, conceals, carries away, transfers or causes to be
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 [such] the merchandise; or [with the intention of]
4116          (ii) depriving the merchant permanently of the possession, use or benefit of such
4117     merchandise without paying the retail value of [such] the merchandise; [or]
4118          [(2)] (b) (i) [Alters,] alters, transfers, or removes any label, price tag, marking, indicia
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 [such] the merchandise described in Subsection (2)(b)(i)
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 [such] the merchandise; [or]
4124          [(3)] (c) [Transfers] transfers any merchandise displayed, held, stored, or offered for
4125     sale in a retail mercantile establishment from the container in or on which [such] the
4126     merchandise is displayed to any other container with the intention of depriving the merchant of
4127     the retail value of [such] the merchandise; [or]
4128          [(4)] (d) [Under-rings] under-rings with the intention of depriving the merchant of the
4129     retail value of the merchandise; or
4130          [(5)] (e) [Removes] removes a shopping cart from the premises of a retail mercantile
4131     establishment with the intent of depriving the merchant of the possession, use, or benefit of
4132     [such] the shopping cart.

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) [A person may not] Terms defined in Sections 76-1-101.5 and 76-6-601 apply to
4179     this section.
4180          (2) An actor commits the unlawful shielding of a theft detection device if the actor
4181     knowingly:
4182          (a) [make or possess] makes or possesses any container or device used for, intended for
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) [sell, offer to sell, advertise, give, transport, or otherwise transfer] sells, offers to
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) [possess] possesses any tool or instrument designed to remove any theft detection
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 [remove] removes a theft detection device from merchandise prior to
4194     purchase and without the permission of the merchant.
4195          [(2)] (3) (a) A violation of Subsection (1)(a), (b), or (c) is a class A misdemeanor.
4196          (b) A violation of Subsection [(1)(d)] (2)(d) is a:
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          [(3)] (4) A violation of Subsection [(1)] (2) is a separate offense from any offense
4202     listed in [Title 76, Chapter 6, Part 4, Theft] Part 4, Theft, or Part 6, Retail Theft.
4203          [(4)] (5) Criminal prosecutions under this section do not affect any person's right of
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          [(1) It is unlawful for a person to:]
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 [person's] actor's authorization, [access or
4213     attempt] accesses or attempts to access computer technology if the access or attempt to access

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 [person] actor is authorized to access,
4224     knowingly [take or attempt] takes or attempts to take unauthorized or unlawful action that
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 [engage] engages in a denial of service attack.
4235          [(2) A person who violates Subsection (1) is guilty of:]
4236          (3) A violation of Subsection (2) is:
4237          (a) a class B misdemeanor [when] if:
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 [when] if the economic loss or other loss or damage caused
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 [when] if:
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 [when] if the economic loss or other loss or damage caused
4253     or the value of the money, property, or benefit obtained or sought to be obtained is or exceeds
4254     $5,000[; or].
4255          [(e) a third degree felony when:]
4256          [(i) the property or benefit obtained or sought to be obtained is a license or
4257     entitlement;]
4258          [(ii) the damage is to the license or entitlement of another person;]
4259          [(iii) the information obtained is confidential or identifying information; or]
4260          [(iv) in gaining access the person breaches or breaks through a security system.]
4261          [(3) (a) A person who intentionally or knowingly and without authorization gains or
4262     attempts to gain access to a computer, computer network, computer property, or computer
4263     system under circumstances not otherwise constituting an offense under this section is guilty of
4264     a class B misdemeanor.]
4265          [(b) Notwithstanding Subsection (3)(a), a retailer that uses an electronic product
4266     identification or tracking system, or other technology, to identify, track, or price goods is not
4267     guilty of a violation of Subsection (3)(a) if the equipment designed to read the electronic

4268     product identification or tracking system data and used by the retailer to identify, track, or price
4269     goods is located within the retailer's location.]
4270          [(4) (a) A person who, with intent that electronic communication harassment occur,
4271     discloses or disseminates another person's identifying information with the expectation that
4272     others will further disseminate or use the person's identifying information is subject to the
4273     penalties outlined in Subsection (4)(b).]
4274          [(b) If the disclosure or dissemination of another person's identifying information
4275     results in electronic communication harassment, as described in Section 76-9-201, of the
4276     person whose identifying information is disseminated, the person disseminating the
4277     information is guilty of:]
4278          [(i) a class B misdemeanor if the person whose identifying information is disseminated
4279     is an adult; or]
4280          [(ii) a class A misdemeanor if the person whose identifying information is
4281     disseminated is a minor.]
4282          [(c) A second offense under Subsection (4)(b)(i) is a class A misdemeanor.]
4283          [(d) A second offense under Subsection (4)(b)(ii), and a third or subsequent offense
4284     under this Subsection (4)(b), is a third degree felony.]
4285          [(5) A person who uses or knowingly allows another person to use any computer,
4286     computer network, computer property, or computer system, program, or software to devise or
4287     execute any artifice or scheme to defraud or to obtain money, property, services, or other things
4288     of value by false pretenses, promises, or representations, is guilty of an offense based on the
4289     value of the money, property, services, or things of value, in the degree set forth in Subsection
4290     76-10-1801(1).]
4291          [(6) A person is guilty of a third degree felony if the person intentionally or knowingly,
4292     and without lawful authorization, interferes with or interrupts critical infrastructure.]
4293          [(7)] (4) (a) It is an affirmative defense [to Subsection (1), (2), or (3) that a person] that
4294     the actor obtained access or attempted to obtain access:

4295          [(a)] (i) in response to, and for the purpose of protecting against or investigating, a
4296     prior attempted or successful breach of security of computer technology whose security the
4297     [person] actor is authorized or entitled to protect, and the access attempted or obtained was no
4298     greater than reasonably necessary for that purpose; or
4299          [(b)] (ii) pursuant to a search warrant or a lawful exception to the requirement to obtain
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          [(8)] (5) (a) An interactive computer service is not guilty of violating this section if a
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          [(9) Subsections (4)(a) and (b) do not apply to a person who provides information in

4322     conjunction with a report under Title 34A, Chapter 6, Utah Occupational Safety and Health
4323     Act, or Title 67, Chapter 21, Utah Protection of Public Employees Act.]
4324          [(10) In accordance with 47 U.S.C.A. Sec. 230, this section may not apply to, and
4325     nothing in this section may be construed to impose liability or culpability on, an interactive
4326     computer service for content provided by another person.]
4327          [(11) This section does not affect, limit, or apply to any activity or conduct that is
4328     protected by the constitution or laws of this state or by the constitution or laws of the United
4329     States.]
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 [the provisions] a provision of Section
4487     76-6-703 [are being or have], 76-6-703.1, 76-6-703.3, 76-6-703.5, or 76-6-703.7 is being or
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 [violations]
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) [A person is guilty of the crime of library theft when he] As used in this section:
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 [his] the actor's person or among [his] the actor's belongings library materials
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 [his] the actor's own use.
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) [A person is guilty of the crime of library theft when he] As used in this section:
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) [A person is guilty of library theft when] As used in this section:
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[, he]:
4607          [(a)] (i) fails to return the materials within 30 days after receiving written notice
4608     demanding return of the materials; or
4609          [(b)] (ii) if the materials are lost or destroyed, fails to pay the replacement value of the
4610     materials within 30 days after being notified.
4611          [(2)] (b) Written notice is considered received upon the sworn affidavit of the person
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          [(2)] (3) An employee may make a detention under this section off the library premises
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) [It is unlawful for any person to intentionally alter, remove, injure, or destroy
4685     antiquities] Terms defined in Sections 76-1-101.5 and 76-6-901 apply to this section.
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[.]; or
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          [(2) It is unlawful to intentionally reproduce, rework, or forge any antiquities or make
4703     any object, whether copies or not, or falsely label, describe, identify, or offer for sale or
4704     exchange any object with the intent to represent the object as original and genuine, nor may any
4705     person offer any object for sale or exchange that was collected or excavated in violation of this
4706     chapter.]
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 [76-6-1102] 76-6-1101.
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) [A person commits the crime of] Terms defined in Sections 76-1-101.5 and
4773     76-6-1001 apply to this section.
4774          (2) An actor commits damage to a mail receptacle if the [person] actor knowingly
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          [(2)] (3) (a) [In determining the degree of an offense committed under Subsection (1),
4779     the penalty levels in Subsection 76-6-106(3)(b) apply.] A violation of Subsection (2) is a:
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, [this
4789     subsection] Subsection (3)(a) does not prohibit prosecution and sentencing for the more serious
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) [A person commits the crime of] Terms defined in Sections 76-1-101.5 and
4807     76-6-1001 apply to this section.

4808          (2) An actor commits mail theft if the [person] actor:
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          [(2)] (3) [Mail theft] A violation of Subsection (2) is:
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          [(1) As used in this part:]
4863          [(a) "Personal identifying information" may include:]
4864          [(i) name;]
4865          [(ii) birth date;]
4866          [(iii) address;]
4867          [(iv) telephone number;]
4868          [(v) drivers license number;]
4869          [(vi) Social Security number;]
4870          [(vii) place of employment;]
4871          [(viii) employee identification numbers or other personal identification numbers;]
4872          [(ix) mother's maiden name;]
4873          [(x) electronic identification numbers;]
4874          [(xi) electronic signatures under Title 46, Chapter 4, Uniform Electronic Transactions
4875     Act;]
4876          [(xii) any other numbers or information that can be used to access a person's financial
4877     resources or medical information, except for numbers or information that can be prosecuted as
4878     financial transaction card offenses under Sections 76-6-506 through 76-6-506.6; or]
4879          [(xiii) a photograph or any other realistic likeness.]
4880          [(b) "Restitution" means the same as that term is defined in Section 77-38b-102.]
4881          (1) Terms defined in Sections 76-1-101.5 and 76-6-1101 apply to this section.
4882          (2) [(a) A person is guilty of identity fraud when that person] An actor commits
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          [(b) It is not a defense to a violation of Subsection (2)(a) that the person did not know
4888     that the personal information belonged to another person.]

4889          (3) [Identity fraud] A violation of Subsection (2) is:
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 [(2)(a)] (2) of personal identifying information
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) [When] If a defendant is convicted of a violation of this section, the court shall
4903     order the defendant to pay restitution in accordance with Title 77, Chapter 38b, Crime Victims
4904     Restitution Act.
4905          [(6)] (b) Restitution under Subsection (5)(a) may include:
4906          [(a)] (i) payment for any costs incurred, including attorney fees, lost wages, and
4907     replacement of checks; and
4908          [(b)] (ii) the value of the victim's time incurred due to the offense:
4909          [(i)] (A) in clearing the victim's credit history or credit rating;
4910          [(ii)] (B) in any civil or administrative proceedings necessary to satisfy or resolve any
4911     debt, lien, or other obligation of the victim or imputed to the victim and arising from the
4912     offense; and
4913          [(iii)] (C) in attempting to remedy any other intended or actual harm to the victim
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          [(a)] (i) [(i)] (A) "Identifying document" means:
4919          [(A)] (I) a government issued document commonly used for identification;
4920          [(B)] (II) a vehicle registration certificate; or
4921          [(C)] (III) any other document, image, data file, or medium containing personal
4922     identifying information as defined in [Subsections 76-6-1102(1)(a)(ii) through (xiii)]
4923     Subsection 76-6-1101(1)(a).
4924          [(ii)] (B) "Identifying document" includes:
4925          [(A)] (I) a counterfeit identifying document; or
4926          [(B)] (II) a document containing personal identifying information of a deceased
4927     individual.
4928          [(b)] (ii) "Possess" means to have physical control or electronic access.
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 [76-6-1102 or
4931     Section 76-6-502, an individual is guilty of a class A misdemeanor if the individual] 76-6-502
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 [individual] actor is not entitled to obtain or possess 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 [76-6-1102, an
4944     individual is guilty of a third degree felony if the individual] 76-6-502 or 76-6-1102, an actor
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 [76-6-1102, an
4958     individual is guilty of a second degree felony if the individual] 76-6-502 or 76-6-1102, an actor
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) [A person commits the offense of] Terms defined in Sections 76-1-101.5 and
4977     76-6-1202 apply to this section.
4978          (2) An actor commits mortgage fraud if the [person] actor does any of the following
4979     with the intent to defraud:
4980          [(1)] (a) knowingly makes any material misstatement, misrepresentation, or omission
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          [(2)] (b) knowingly uses or facilitates the use of any material misstatement,
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          [(3)] (c) files or causes to be filed with any county recorder in Utah any document that
4987     the [person] actor knows contains a material misstatement, misrepresentation, or omission; or
4988          [(4)] (d) receives any proceeds or any compensation in connection with a mortgage
4989     loan that the [person] actor knows resulted from a violation of this section.
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) [It is a third degree felony to] Terms defined in Sections 76-1-101.5 and 76-6-1302
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 [sell, purchase, install, transfer, use, or possess] sells,
5010     purchases, installs, transfers, uses, or possesses in this state any automated sales suppression
5011     device or phantomware with the intent to defraud[, except that any second or subsequent
5012     violation of this Subsection (1) is a second degree felony].
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          [(2)] (c) Notwithstanding Section 76-3-301, any person convicted of violating
5017     Subsection [(1)] (2) may be fined not more than twice the amount of the applicable taxes that
5018     would otherwise be due, but for the use of the automated sales suppression device or
5019     phantomware.
5020          [(3)] (d) Any person convicted of a violation of Subsection [(1)] (2):
5021          [(a)] (i) is liable for all applicable taxes, penalties under Section 59-1-401, and interest
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          [(b)] (ii) shall disgorge all profits associated with the sale or use of an automated sales
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 [he] the seller has the legal right to
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 [of
5134     age] old.
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) [(a) Any seller who, in providing any information as required by this part in selling,
5230     offering, or attempting to sell regulated metal] Terms defined in Sections 76-1-101.5 and
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[, is guilty of a class B
5236     misdemeanor].
5237          [(b) Any seller who is convicted of a class B misdemeanor under this section is subject
5238     to a mandatory fine of no less than $1,000.]
5239          [(2)] (3) (a) (i) Except as provided in Subsection (3)(b), a violation of Subsection (2) is

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 [(1) that occurs after the defendant] (2) is a class A
5244     misdemeanor if the actor previously has been convicted of a violation of [Subsection (1) is a
5245     class A misdemeanor] this section.
5246          [(b)] (ii) [Any seller] An actor who is convicted of a class A misdemeanor under this
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          [(a)] (i) identify those items of regulated metal alleged to be stolen and subject to hold;
5255     and
5256          [(b)] (ii) inform the dealer of the restrictions imposed on the regulated metal property
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          [76-6a-2].      76-6a-101. Definitions.
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          [(b)] (ii) "Compensation" does not include payment based on the sale of goods or
5297     services to anyone purchasing the goods or services for actual personal use or consumption.
5298          [(2)] (b) "Consideration" does not include:
5299          (i) payment for sales demonstration equipment [and] or materials furnished at cost for
5300     use in making sales and not for resale[,]; or
5301          (ii) time or effort spent in selling or recruiting activities.
5302          [(3)] (c) "Person" includes a business trust, estate, trust, joint venture, or any other
5303     legal or commercial entity.
5304          [(4)] (d) "Pyramid scheme" means any sales device or plan under which a person gives
5305     consideration to another person in exchange for compensation or the right to receive
5306     compensation [which] that is derived primarily from the introduction of other persons into the
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          [76-6a-6].      76-6a-104. Rights of person giving consideration in pyramid
5360     scheme.
5361          (1) (a) Any person giving consideration in connection with a pyramid scheme may,
5362     notwithstanding any agreement to the contrary, declare [his] the person's giving of
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 [the action] an action brought under Subsection (1)(a), the court shall, in addition
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 [of age] old or older.
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 [of age] old.
5386          (e) "Personal identifying information" means the same as that term is defined in
5387     Section [76-6-1102] 76-6-1101.
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; [and]
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 [76-6-106(2)(b)(ii)] 76-6-106(2)(a)(ii).
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 [76-6-406(2)(a) or (b)] 76-6-406(1)(a)(i) or (ii).
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, [76-6-506.5,] and
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) [fraudulent insurance act] insurance fraud, Section 76-6-521;

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[, or Title 36, Chapter 11a, Local Government and Board of Education Lobbyist
5587     Disclosure and Regulation Act];
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 [76-6-107.1] 76-3-410;
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) [a fraudulent insurance act offense] insurance fraud punishable by a maximum term
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          [(b) "Criminal mischief offense" means commission or attempt to commit an offense
5847     under Section 76-6-106 by one cohabitant against another.]
5848          [(c)] (b) "Offense against the person" means commission or attempt to commit an
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, [fraudulent] insurance fraud;
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 [76-6-412(1)(b)] 76-6-404(3)(b)(iii)(A), (B), or (C) and that
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 [76-6-412(1)(b)] 76-6-404(3)(b)(iii) from reentering the premises on which
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 [76-6-412(1)(b)]
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 [76-6-412(1)(b)]
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     [76-6-412(1)(b)] 76-6-404(3)(b)(iii)(A), (B), or (C) is not a condition precedent to a civil
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) [Sections 76-6-602 through 76-6-608, retail theft] any offense in Title 76, Chapter
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 [76-6-107] 76-6-101.
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.