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7 LONG TITLE
8 General Description:
9 This bill addresses the destruction of or tampering with a critical infrastructure facility.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ removes interruption or impairment of certain critical infrastructure from the crime
14 of criminal mischief;
15 ▸ makes it a criminal offense to destroy, damage, or tamper with a critical
16 infrastructure facility;
17 ▸ makes it a criminal offense to impersonate a critical infrastructure facility officer or
18 employee; and
19 ▸ makes technical and conforming changes.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 73-2-27, as last amended by Laws of Utah 2015, Chapters 245, 249
27 76-6-106, as last amended by Laws of Utah 2012, Chapter 135
28 76-10-204, as last amended by Laws of Utah 2002, Chapter 166
29 ENACTS:
30 76-6-106.3, Utah Code Annotated 1953
31 76-8-515, Utah Code Annotated 1953
32
33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 73-2-27 is amended to read:
35 73-2-27. Criminal penalties.
36 (1) This section applies to offenses committed under:
37 (a) Section 73-1-14;
38 (b) Section 73-1-15;
39 (c) Section 73-2-20;
40 (d) Section 73-3-3;
41 (e) Section 73-3-26;
42 (f) Section 73-3-29;
43 (g) Section 73-5-9;
44 (h) Section 76-10-201;
45 (i) Section 76-10-202; and
46 (j) Section 76-10-203.
47 (2) Under circumstances not amounting to an offense with a greater penalty under
48 Subsection 76-6-106(2)(b)(ii) [
49 provision listed in Subsection (1) is punishable:
50 (a) as a felony of the third degree if:
51 (i) the value of the water diverted or property damaged or taken is $2,500 or greater;
52 and
53 (ii) the person violating the provision has previously been convicted of violating the
54 same provision;
55 (b) as a class A misdemeanor if:
56 (i) the value of the water diverted or property damaged or taken is $2,500 or greater; or
57 (ii) the person violating the provision has previously been convicted of violating the
58 same provision; or
59 (c) as a class B misdemeanor if Subsection (2)(a) or (b) does not apply.
60 Section 2. Section 76-6-106 is amended to read:
61 76-6-106. Criminal mischief.
62 (1) (a) As used in this section, "critical infrastructure" includes:
63 [
64 [
65 [
66 guideways, or other transportation systems intended for the transportation of persons or
67 property;
68 [
69 [
70 [
71 and law enforcement response systems;
72 [
73 [
74 [
75 (b) Terms defined in Sections 76-1-101.5 and 76-6-101 apply to this section.
76 (2) A person commits criminal mischief if the person:
77 (a) under circumstances not amounting to arson, damages or destroys property with the
78 intention of defrauding an insurer;
79 (b) intentionally and unlawfully tampers with the property of another and as a result:
80 (i) recklessly endangers:
81 (A) human life; or
82 (B) human health or safety; or
83 (ii) recklessly causes or threatens a substantial interruption or impairment of any
84 critical infrastructure;
85 (c) intentionally damages, defaces, or destroys the property of another; or
86 (d) recklessly or willfully shoots or propels a missile or other object at or against a
87 motor vehicle, bus, airplane, boat, locomotive, train, railway car, or caboose, whether moving
88 or standing.
89 (3) (a) (i) A violation of Subsection (2)(a) is a third degree felony.
90 (ii) A violation of Subsection (2)(b)(i)(A) is a class A misdemeanor.
91 (iii) A violation of Subsection (2)(b)(i)(B) is a class B misdemeanor.
92 (iv) A violation of Subsection (2)(b)(ii) is a second degree felony.
93 (b) Any other violation of this section is a:
94 (i) second degree felony if the actor's conduct causes or is intended to cause pecuniary
95 loss equal to or in excess of $5,000 in value;
96 (ii) third degree felony if the actor's conduct causes or is intended to cause pecuniary
97 loss equal to or in excess of $1,500 but is less than $5,000 in value;
98 (iii) class A misdemeanor if the actor's conduct causes or is intended to cause
99 pecuniary loss equal to or in excess of $500 but is less than $1,500 in value; and
100 (iv) class B misdemeanor if the actor's conduct causes or is intended to cause pecuniary
101 loss less than $500 in value.
102 (4) In determining the value of damages under this section, or for computer crimes
103 under Section 76-6-703, the value of any item, computer, computer network, computer
104 property, computer services, software, or data includes the measurable value of the loss of use
105 of the items and the measurable cost to replace or restore the items.
106 (5) In addition to any other penalty authorized by law, a court shall order any person
107 convicted of any violation of this section to reimburse any federal, state, or local unit of
108 government, or any private business, organization, individual, or entity for all expenses
109 incurred in responding to a violation of Subsection (2)(b)(ii), unless the court states on the
110 record the reasons why the reimbursement would be inappropriate.
111 Section 3. Section 76-6-106.3 is enacted to read:
112 76-6-106.3. Destruction or tampering with a critical infrastructure facility --
113 Penalty.
114 (1) (a) As used in this section:
115 (i) "Critical infrastructure facility" means:
116 (A) a petroleum or alumina refinery;
117 (B) critical electric infrastructure, as defined in 18 C.F.R. Sec. 388.113, including an
118 electrical power generating facility, substation, switching station, electrical control center, or
119 electric power lines and associated equipment infrastructure;
120 (C) a chemical, polymer, or rubber manufacturing facility;
121 (D) a water facility as defined in Section 73-1-14, water intake structure, water storage
122 facility, water treatment facility, wastewater treatment plant, wastewater pumping facility, or
123 pump station;
124 (E) a natural gas compressor station;
125 (F) a liquid natural gas terminal or storage facility;
126 (G) a telecommunications switching, routing, or regeneration office or facility;
127 (H) wireless telecommunications infrastructure, including cell towers;
128 (I) telecommunications equipment, facilities, or infrastructure used for the transmission
129 or distribution of a communications service;
130 (J) a port, railroad switching yard, railroad tracks, trucking terminal, or other freight
131 transportation facility;
132 (K) a gas processing plant, including a plant used in the processing, treatment, or
133 fractionation of natural gas or natural gas liquids;
134 (L) a transmission facility used by a federally licensed radio or television station;
135 (M) a steelmaking facility that uses an electric arc furnace to make steel;
136 (N) a facility identified and regulated by the Chemical Facility Anti-Terrorism
137 Standards program under 6 U.S.C. Sec. 622;
138 (O) a natural gas distribution utility facility, including natural gas distribution and
139 transmission mains and services, pipeline interconnections, a city gate or town border station,
140 metering station, meters, aboveground piping and facilities, a regulator station, and a natural
141 gas storage facility;
142 (P) a crude oil or refined products production, storage, and distribution facility,
143 including a wellhead and associated production and collection infrastructure, valve sites,
144 pipeline interconnection, pump station, metering station, below or aboveground pipeline or
145 piping, and truck loading or offloading facility;
146 (Q) a grain mill or processing facility;
147 (R) a generation, transmission, or distribution system of broadband Internet access; or
148 (S) an aboveground portion of an oil, gas, hazardous liquid or chemical production
149 facility including the wellhead and associated production and collection infrastructure,
150 pipeline, tank, railroad facility, or other storage facility that is enclosed by a physical barrier or
151 is marked with signs prohibiting trespassing if the enclosures or signs are designed to exclude
152 intruders.
153 (ii) "Critical infrastructure facility" includes a facility described in Subsection (1)(a)(i)
154 that is:
155 (A) under construction; or
156 (B) operational.
157 (b) Terms defined in Section 76-1-101.5 apply to this section.
158 (2) An actor is guilty of destruction or tampering with a critical infrastructure facility if
159 the actor, by physical, cyber, or other means, causes widespread injury or damage to persons or
160 property by:
161 (a) destroying or substantially damaging:
162 (i) a critical infrastructure facility; or
163 (ii) a critical infrastructure facility's equipment; or
164 (b) substantially tampering with, inhibiting, or impeding the operation of a critical
165 infrastructure facility.
166 (3) (a) A violation of Subsection (2) is a first degree felony if done intentionally or
167 knowingly.
168 (b) A violation of Subsection (2) is a second degree felony if done recklessly.
169 Section 4. Section 76-8-515 is enacted to read:
170 76-8-515. Impersonation of a utility officer or employee.
171 (1) (a) As used in this section:
172 (i) "Critical infrastructure facility" means the same as that term is defined in Section
173 76-6-106.3.
174 (ii) "Sabotage" means the same as that term is defined in Section 76-8-901.
175 (iii) "Terrorism" means the same as that term is defined in Section 53-2a-102.
176 (iv) "Utility" means a private or governmental entity operating a critical infrastructure
177 facility.
178 (b) Terms defined in Section 76-1-101.5 apply to this section.
179 (2) An actor commits impersonation of a utility officer or employee if the actor,
180 without authority from a utility:
181 (a) intends to lead an individual to believe that the actor is acting on behalf of the
182 utility in an official capacity; and
183 (b) attempts to act on behalf of the utility.
184 (3) (a) A violation of Subsection (2) is a class A misdemeanor.
185 (b) Notwithstanding Subsection (3)(a), a violation of Subsection (2) is a third degree
186 felony if the actor, while taking the action described in Subsection (2), intends to commit an act
187 of terrorism or sabotage.
188 Section 5. Section 76-10-204 is amended to read:
189 76-10-204. Damaging bridge, dam, canal, or other water-related structure.
190 (1) A person is guilty of a third degree felony who intentionally, knowingly, or
191 recklessly commits an offense under Subsection (2) that does not amount to a violation of
192 Subsection 76-6-106(2)(b)(ii) or Section 76-6-106.3.
193 (2) Offenses referred to in Subsection (1) are when a person:
194 (a) cuts, breaks, damages, or destroys any bridge, dam, canal, flume, aqueduct, levee,
195 embankment, reservoir, or other structure erected to create hydraulic power, to drain or reclaim
196 any swamp and overflowed or marsh land, to conduct water for mining, manufacturing,
197 reclamation, or agricultural purposes, or for the supply of the inhabitants of any city or town;
198 (b) makes or causes to be made any aperture in any dam, canal, flume, aqueduct,
199 reservoir, embankment, levee, or structure with intent to injure or destroy it; or
200 (c) draws up, cuts, or injures any piles fixed in the ground and used for securing any
201 lake or river bank or walls or any dock, quay, jetty, or lock.