U.C.A. 1953 T. 76, Ch. 1, Refs & Annos

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 1. General Provisions

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-1-101

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 1. General Provisions (Refs & Annos)

Part 1. Introductory Provisions

§ 76-1-101. Short title

This title shall be known and may be cited as the “Utah Criminal Code.”

CREDIT(S)

Laws 1973, c. 196, § 76-1-101.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-1-102

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 1. General Provisions (Refs & Annos)

Part 1. Introductory Provisions

§ 76-1-102. Effective date

This code shall become effective on July 1, 1973.

CREDIT(S)

Laws 1973, c. 196, § 76-1-102.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-1-103

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 1. General Provisions (Refs & Annos)

Part 1. Introductory Provisions

§ 76-1-103. Application of code--Offense prior to effective date

(1) The provisions of this code shall govern the construction of, the punishment for, and defenses against any offense defined in this code or, except where otherwise specifically provided or the context otherwise requires, any offense defined outside this code; provided such offense was committed after the effective date of this code. [FN1]

(2) Any offense committed prior to the effective date of this code shall be governed by the law, statutory and non-statutory, existing at the time of commission thereof, except that a defense or limitation on punishment available under this code shall be available to any defendant tried or retried after the effective date. An offense under the laws of this state shall be deemed to have been committed prior to the effective date of this act if any of the elements of the offense occurred prior thereto.

CREDIT(S)

Laws 1973, c. 196, § 76-1-103.

[FN1] Laws 1973, c. 196 enacted Title 76, the Utah Criminal Code, effective July 1, 1973.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-1-104

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 1. General Provisions (Refs & Annos)

Part 1. Introductory Provisions

§ 76-1-104. Purposes and principles of construction

The provisions of this code shall be construed in accordance with these general purposes.

(1) Forbid and prevent the commission of offenses.

(2) Define adequately the conduct and mental state which constitute each offense and safeguard conduct that is without fault from condemnation as criminal.

(3) Prescribe penalties which are proportionate to the seriousness of offenses and which permit recognition or differences in rehabilitation possibilities among individual offenders.

(4) Prevent arbitrary or oppressive treatment of persons accused or convicted of offenses.

CREDIT(S)

Laws 1973, c. 196, § 76-1-104.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-1-105

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 1. General Provisions (Refs & Annos)

Part 1. Introductory Provisions

§ 76-1-105. Common law crimes abolished

Common law crimes are abolished and no conduct is a crime unless made so by this code, other applicable statute or ordinance.

CREDIT(S)

Laws, 1973, c. 196, § 76-1-105; Laws 1974, c. 32, § 1.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-1-106

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 1. General Provisions (Refs & Annos)

Part 1. Introductory Provisions

§ 76-1-106. Strict construction rule not applicable

The rule that a penal statute is to be strictly construed shall not apply to this code, any of its provisions, or any offense defined by the laws of this state. All provisions of this code and offenses defined by the laws of this state shall be construed according to the fair import of their terms to promote justice and to effect the objects of the law and general purposes of Section 76-1-104.

CREDIT(S)

Laws 1973, c. 196, § 76-1-106.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-1-107

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 1. General Provisions (Refs & Annos)

Part 1. Introductory Provisions

§ 76-1-107. Procedure--Applicable provisions--Military codes, enforcement of court orders, and liability for civil damages not affected

(1) Except as otherwise provided, the procedure governing the accusation, prosecution, conviction, and punishment of offenders and offenses is not regulated by this act [FN1] but by the code of criminal procedure.

(2) This code does not affect any power conferred by law upon any court-martial or other military authority or officer to impose and inflict punishment upon offenders violating military codes or laws; nor does it affect any power of a court to punish for contempt or to employ any sanction authorized by law for the enforcement of an order or a civil judgment or decree.

(3) This act does not bar, suspend, or otherwise affect any right or liability to damages, penalty, forfeiture, impeachment, or other remedy authorized by law to be recovered or enforced in a civil action, administrative proceeding, or otherwise, regardless of whether the conduct involved in the proceeding constitutes an offense defined in this code.

CREDIT(S)

Laws 1973, c. 196, § 76-1-107.

[FN1] Laws 1973, c. 196 enacted Title 76, the Utah Criminal Code, effective July 1, 1973.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-1-108

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 1. General Provisions (Refs & Annos)

Part 1. Introductory Provisions

§ 76-1-108. Separability clause

If any provision of this act, [FN1] or the application of any provision to any person or circumstance, is held invalid, the remainder of this act shall not be affected thereby.

CREDIT(S)

Laws 1973, c. 196, § 76-1-108.

[FN1] Laws 1973, c. 196 enacted Title 76, the Utah Criminal Code, effective July 1, 1973.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-1-201

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 1. General Provisions (Refs & Annos)

Part 2. Jurisdiction and Venue

§ 76-1-201. Jurisdiction of offenses

(1) A person is subject to prosecution in this state for an offense which he commits, while either within or outside the state, by his own conduct or that of another for which he is legally accountable, if:

(a) the offense is committed either wholly or partly within the state;

(b) the conduct outside the state constitutes an attempt to commit an offense within the state;

(c) the conduct outside the state constitutes a conspiracy to commit an offense within the state and an act in furtherance of the conspiracy occurs in the state; or

(d) the conduct within the state constitutes an attempt, solicitation, or conspiracy to commit in another jurisdiction an offense under the laws of both this state and the other jurisdiction.

(2) An offense is committed partly within this state if either the conduct which is any element of the offense, or the result which is an element, occurs within this state.

(3) In homicide offenses, the “result” is either the physical contact which causes death or the death itself.

(a) If the body of a homicide victim is found within the state, the death shall be presumed to have occurred within the state.

(b) If jurisdiction is based on this presumption, this state retains jurisdiction unless the defendant proves by clear and convincing evidence that:

(i) the result of the homicide did not occur in this state; and

(ii) the defendant did not engage in any conduct in this state which is any element of the offense.

(4) An offense which is based on an omission to perform a duty imposed by the law of this state is committed within the state regardless of the location of the offender at the time of the omission.

(5)(a) If no jurisdictional issue is raised, the pleadings are sufficient to establish jurisdiction.

(b) The defendant may challenge jurisdiction by filing a motion before trial stating which facts exist that deprive the state of jurisdiction.

(c) The burden is upon the state to initially establish jurisdiction over the offense by a preponderance of the evidence by showing under the provisions of Subsections (1) through (4) that the offense was committed either wholly or partly within the borders of the state.

(d) If after the prosecution has met its burden of proof under Subsection (5)(c) the defendant claims that the state is deprived of jurisdiction or may not exercise jurisdiction, the burden is upon the defendant to prove by a preponderance of the evidence:

(i) any facts claimed; and

(ii) why those facts deprive the state of jurisdiction.

(6) Facts that deprive the state of jurisdiction or prohibit the state from exercising jurisdiction include the fact that the:

(a) defendant is serving in a position that is entitled to diplomatic immunity from prosecution and that the defendant's country has not waived that diplomatic immunity;

(b) defendant is a member of the armed forces of another country and that the crime that he is alleged to have committed is one that due to an international agreement, such as a status of forces agreement between his country and the United States, cedes the exercise of jurisdiction over him for that offense to his country;

(c) defendant is an enrolled member of an Indian tribe, as defined in Section 9-9-101, and that the Indian tribe has a legal status with the United States or the state that vests jurisdiction in either tribal or federal courts for certain offenses committed within the exterior boundaries of a tribal reservation, and that the facts establish that the crime is one that vests jurisdiction in tribal or federal court; or

(d) offense occurred on land that is exclusively within federal jurisdiction.

(7)(a) The Legislature finds that identity fraud under Chapter 6, Part 11, Identity Fraud Act, involves the use of personal identifying information which is uniquely personal to the consumer or business victim of that identity fraud and which information is considered to be in lawful possession of the consumer or business victim wherever the consumer or business victim currently resides or is found.

(b) For purposes of Subsection (1)(a), an offense which is based on a violation of Chapter 6, Part 11, Identity Fraud Act, is committed partly within this state, regardless of the location of the offender at the time of the offense, if the victim of the identity fraud resides or is found in this state.

(8) The judge shall determine jurisdiction.

CREDIT(S)

Laws 1973, c. 196, § 76-1-201; Laws 1996, c. 54, § 1, eff. April 29, 1996; Laws 2004, c. 227, § 1, eff. May 3, 2004; Laws 2004, c. 151, § 1, eff. May 3, 2004.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-1-202

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 1. General Provisions (Refs & Annos)

Part 2. Jurisdiction and Venue

§ 76-1-202. Venue of actions

(1) Criminal actions shall be tried in the county, district, or precinct where the offense is alleged to have been committed. In determining the proper place of trial, the following provisions shall apply:

(a) If the commission of an offense commenced outside the state is consummated within this state, the offender shall be tried in the county where the offense is consummated.

(b) When conduct constituting elements of an offense or results that constitute elements, whether the conduct or result constituting elements is in itself unlawful, shall occur in two or more counties, trial of the offense may be held in any of the counties concerned.

(c) If a person committing an offense upon the person of another is located in one county and his victim is located in another county at the time of the commission of the offense, trial may be held in either county.

(d) If a cause of death is inflicted in one county and death ensues in another county, the offender may be tried in either county.

(e) A person who commits an inchoate offense may be tried in any county in which any act that is an element of the offense, including the agreement in conspiracy, is committed.

(f) Where a person in one county solicits, aids, abets, agrees, or attempts to aid another in the planning or commission of an offense in another county, he may be tried for the offense in either county.

(g) When an offense is committed within this state and it cannot be readily determined in which county or district the offense occurred, the following provisions shall be applicable:

(i) When an offense is committed upon any railroad car, vehicle, watercraft, or aircraft passing within this state, the offender may be tried in any county through which such railroad car, vehicle, watercraft, or aircraft has passed.

(ii) When an offense is committed on any body of water bordering on or within this state, the offender may be tried in any county adjacent to such body of water. The words “body of water“ shall include but not be limited to any stream, river, lake, or reservoir, whether natural or man-made.

(iii) A person who commits theft may be tried in any county in which he exerts control over the property affected.

(iv) If an offense is committed on or near the boundary of two or more counties, trial of the offense may be held in any of such counties.

(v) For any other offense, trial may be held in the county in which the defendant resides, or, if he has no fixed residence, in the county in which he is apprehended or to which he is extradited.

(h) A person who commits an offense based on Chapter 6, Part 11, Identity Fraud Act, may be tried in the county:

(i) where the victim's personal identifying information was obtained;

(ii) where the defendant used or attempted to use the personally identifying information;

(iii) where the victim of the identity fraud resides or is found; or

(iv) if multiple offenses of identity fraud occur in multiple jurisdictions, in any county where the victim's identity was used or obtained, or where the victim resides or is found.

(2) All objections of improper place of trial are waived by a defendant unless made before trial.

CREDIT(S)

Laws 1973, c. 196, § 76-1-202; Laws 1994, c. 218, § 3; Laws 2004, c. 227, § 2, eff. May 3, 2004.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-1-301

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 1. General Provisions (Refs & Annos)

Part 3. Limitations of Actions

§ 76-1-301. Offenses for which prosecution may be commenced at any time

(1) As used in this section:

(a) “Aggravating offense” means any offense incident to which a homicide was committed as described in Subsection 76-5-202(1)(d) or (e) or Subsection 76-5-202(2).

(b) “Predicate offense” means an offense described in Section 76-5-203(1) if a person other than a party as defined in Section 76-2-202 was killed in the course of the commission, attempted commission, or immediate flight from the commission or attempted commission of the offense.

(2) Notwithstanding any other provisions of this code, prosecution for the following offenses may be commenced at any time:

(a) capital felony;

(b) aggravated murder;

(d) manslaughter;

(e) child abuse homicide;

(f) aggravated kidnapping;

(g) child kidnapping;

(h) rape;

(i) rape of a child;

(j) object rape;

(k) object rape of a child;

(l) forcible sodomy;

(m) sodomy on a child;

(n) sexual abuse of a child;

(o) aggravated sexual abuse of a child;

(p) aggravated sexual assault; or

(q) any predicate offense to a murder or aggravating offense to an aggravated murder.

CREDIT(S)

Laws 1973, c. 196, § 76-1-301; Laws 1985, 1st Sp.Sess., c. 2, § 1; Laws 1991, c. 10, § 4; Laws 1995, c. 232, § 1, eff. May 1, 1995; Laws 2002, c. 208, § 1, eff. May 6, 2002; Laws 2008, c. 129, § 1, eff. May 5, 2008; Laws 2009, c. 280, § 1, eff. May 12, 2009; Laws 2011, c. 24, § 1, eff. May 10, 2011.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-1-301.5

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 1. General Provisions (Refs & Annos)

Part 3. Limitations of Actions

§ 76-1-301.5. Time limitations for prosecution of misusing public money, falsification or alteration of government records, and bribery

(1) A prosecution for misusing public money, falsification or alteration of government records, or for a bribery offense shall be commenced within two years after facts constituting the offense have been reported to a prosecutor having responsibility and jurisdiction to prosecute the offense.

(2) This section does not shorten the limitation of actions under Section 76-1-302 or Subsection 76-1-303(3).

CREDIT(S)

Laws 1995, c. 232, § 2, eff. May 1, 1995; Laws 1998, c. 155, § 1, eff. May 4, 1998; Laws 2002, c. 208, § 2, eff. May 6, 2002.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-1-302

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 1. General Provisions (Refs & Annos)

Part 3. Limitations of Actions

§ 76-1-302. Time limitations for prosecution of offenses--Provisions if DNA evidence would identify the defendant--Commencement of prosecution

(1) Except as otherwise provided, a prosecution for:

(a) a felony or negligent homicide shall be commenced within four years after it is committed, except that prosecution for:

(i) forcible sexual abuse shall be commenced within eight years after the offense is committed, if within four years after its commission the offense is reported to a law enforcement agency; and

(ii) incest shall be commenced within eight years after the offense is committed, if within four years after its commission the offense is reported to a law enforcement agency;

(b) a misdemeanor other than negligent homicide shall be commenced within two years after it is committed; and

(2)(a) Notwithstanding Subsection (1), prosecution for the offenses listed in Subsections 76-3-203.5(1)(c)(i)(A) through (BB) may be commenced at any time if the identity of the person who committed the crime is unknown but DNA evidence is collected that would identify the person at a later date.

(b) Subsection (2)(a) does not apply if the statute of limitations on a crime has run as of May 5, 2003, and no charges have been filed.

(3) If the statute of limitations would have run but for the provisions of Subsection (2) and identification of a perpetrator is made through DNA, a prosecution shall be commenced within one year of the discovery of the identity of the perpetrator.

(4) A prosecution is commenced upon:

(a) the finding and filing of an indictment by a grand jury;

(b) the filing of a complaint or information; or

CREDIT(S)

Laws 1973, c. 196, § 76-1-302; Laws 1985, 1st Sp.Sess., c. 2, § 2; Laws 1990, c. 5, § 1; Laws 2003, c. 61, § 1, eff. May 5, 2003; Laws 2005, c. 59, § 1, eff. March 11, 2005; Laws 2005, c. 270, § 1, eff. May 2, 2005; Laws 2008, c. 129, § 2, eff. May 5, 2008; Laws 2009, c. 84, § 1, eff. March 20, 2009; Laws 2009, c. 292, § 5, eff. May 12, 2009; Laws 2011, c. 320, § 7, eff. May 10, 2011.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-1-303

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 1. General Provisions (Refs & Annos)

Part 3. Limitations of Actions

§ 76-1-303. Time limitations for fraud or breach of fiduciary obligation--Misconduct of public officer or employee

(1) If the period prescribed in Section 76-1-302 has expired, a prosecution may be commenced for any offense a material element of which is either fraud or a breach of fiduciary obligation within one year after a report of the offense has been filed with a law enforcement agency.

(2) Subsection (1) may not extend the period of limitation as provided in Section 76-1-302 by more than three years.

(3) If the period prescribed in Section 76-1-301.5 or 76-1-302 has expired, a prosecution may be commenced for:

(a) any offense based upon misconduct in office by a public officer or public employee:

(i) at any time during which the defendant holds a public office or during the period of his public employment; or

(ii) within two years after termination of defendant's public office or public employment.

(b) Except as provided in Section 76-1-301.5, Subsection (3) shall not extend the period of limitation otherwise applicable by more than three years.

CREDIT(S)

Laws 1973, c. 196, § 76-1-303; Laws 1983, c. 88, § 1; Laws 1991, c. 175, § 2; Laws 1993, c. 4, § 123; Laws 1995, c. 232, § 3, eff. May 1, 1995; Laws 2009, c. 145, § 1, eff. May 12, 2009.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-1-303.5

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 1. General Provisions (Refs & Annos)

Part 3. Limitations of Actions

§ 76-1-303.5. Repealed by Laws 2008, c. 129, § 3, eff. May 5, 2008

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-1-304

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 1. General Provisions (Refs & Annos)

Part 3. Limitations of Actions

§ 76-1-304. Defendant out of state--Plea held invalid--New prosecutions

(1) The period of limitation does not run against any defendant during any period of time in which the defendant is out of the state following the commission of an offense.

(2) If the defendant has entered into a plea agreement with the prosecution and later successfully moves to invalidate his conviction, the period of limitation is suspended from the time of the entry of the plea pursuant to the plea agreement until the time at which the conviction is determined to be invalid, and that determination becomes final.

(3) For purposes of this section, “final” means:

(a) all appeals have been exhausted;

(b) no judicial review is pending; and

(4) When the period of limitation is suspended pursuant to Subsection (2), the suspension includes any charges to which the defendant pleaded guilty pursuant to a plea agreement, charges which were dismissed as a result of a plea agreement, as well as any known charges which were not barred at the time of entry of the plea.

(5) Notwithstanding any other limitation, a prosecution may be commenced for charges described in Subsection (4) within one year after a plea entered pursuant to a plea agreement has been determined to be invalid, and that determination becomes final.

CREDIT(S)

Laws 1973, c. 196, § 76-1-304; Laws 1998, c. 121, § 1, eff. May 4, 1998.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-1-305

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 1. General Provisions (Refs & Annos)

Part 3. Limitations of Actions

§ 76-1-305. Lesser included offense for which period of limitations has run

Whenever a defendant is charged with an offense for which the period of limitations has not run and the defendant should be found guilty of a lesser offense for which the period of limitations has run, the finding of the lesser and included offense against which the statute of limitations has run shall not be a bar to punishment for the lesser offense.

CREDIT(S)

Laws 1973, c. 196, § 76-1-305.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-1-306

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 1. General Provisions (Refs & Annos)

Part 3. Limitations of Actions

§ 76-1-306. Judge to determine

When an issue concerning the statute of limitations is raised, the judge shall determine by a preponderance of the evidence whether the prosecution is barred by the limitations in this part.

CREDIT(S)

Laws 1998, c. 121, § 2, eff. May 4, 1998.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-1-401

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 1. General Provisions (Refs & Annos)

Part 4. Multiple Prosecutions and Double Jeopardy

§ 76-1-401. “Single criminal episode” defined--Joinder of offenses and defendants

In this part unless the context requires a different definition, “single criminal episode” means all conduct which is closely related in time and is incident to an attempt or an accomplishment of a single criminal objective.

Nothing in this part shall be construed to limit or modify the effect of Section 77-8a-1 in controlling the joinder of offenses and defendants in criminal proceedings.

CREDIT(S)

Laws 1973, c. 196, § 76-1-401; Laws 1975, c. 47, § 1; Laws 1995, c. 20, § 127, eff. May 1, 1995.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-1-402

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 1. General Provisions (Refs & Annos)

Part 4. Multiple Prosecutions and Double Jeopardy

§ 76-1-402. Separate offenses arising out of single criminal episode--Included offenses

(1) A defendant may be prosecuted in a single criminal action for all separate offenses arising out of a single criminal episode; however, when the same act of a defendant under a single criminal episode shall establish offenses which may be punished in different ways under different provisions of this code, the act shall be punishable under only one such provision; an acquittal or conviction and sentence under any such provision bars a prosecution under any other such provision.

(2) Whenever conduct may establish separate offenses under a single criminal episode, unless the court otherwise orders to promote justice, a defendant shall not be subject to separate trials for multiple offenses when:

(a) The offenses are within the jurisdiction of a single court; and

(b) The offenses are known to the prosecuting attorney at the time the defendant is arraigned on the first information or indictment.

(3) A defendant may be convicted of an offense included in the offense charged but may not be convicted of both the offense charged and the included offense. An offense is so included when:

(a) It is established by proof of the same or less than all the facts required to establish the commission of the offense charged; or

(b) It constitutes an attempt, solicitation, conspiracy, or form of preparation to commit the offense charged or an offense otherwise included therein; or

(4) The court shall not be obligated to charge the jury with respect to an included offense unless there is a rational basis for a verdict acquitting the defendant of the offense charged and convicting him of the included offense.

(5) If the district court on motion after verdict or judgment, or an appellate court on appeal or certiorari, shall determine that there is insufficient evidence to support a conviction for the offense charged but that there is sufficient evidence to support a conviction for an included offense and the trier of fact necessarily found every fact required for conviction of that included offense, the verdict or judgment of conviction may be set aside or reversed and a judgment of conviction entered for the included offense, without necessity of a new trial, if such relief is sought by the defendant.

CREDIT(S)

Laws 1973, c. 196, § 76-1-402; Laws 1974, c. 32, § 2.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-1-403

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 1. General Provisions (Refs & Annos)

Part 4. Multiple Prosecutions and Double Jeopardy

§ 76-1-403. Former prosecution barring subsequent prosecution for offense out of same episode

(1) If a defendant has been prosecuted for one or more offenses arising out of a single criminal episode, a subsequent prosecution for the same or a different offense arising out of the same criminal episode is barred if:

(a) The subsequent prosecution is for an offense that was or should have been tried under Subsection 76-1-402(2) in the former prosecution; and

(b) The former prosecution:

(i) resulted in acquittal; or

(ii) resulted in conviction; or

(iii) was improperly terminated; or

(iv) was terminated by a final order or judgment for the defendant that has not been reversed, set aside, or vacated and that necessarily required a determination inconsistent with a fact that must be established to secure conviction in the subsequent prosecution.

(2) There is an acquittal if the prosecution resulted in a finding of not guilty by the trier of facts or in a determination that there was insufficient evidence to warrant conviction. A finding of guilty of a lesser included offense is an acquittal of the greater offense even though the conviction for the lesser included offense is subsequently reversed, set aside, or vacated.

(3) There is a conviction if the prosecution resulted in a judgment of guilt that has not been reversed, set aside, or vacated; a verdict of guilty that has not been reversed, set aside, or vacated and that is capable of supporting a judgment; or a plea of guilty accepted by the court.

(4) There is an improper termination of prosecution if the termination takes place before the verdict, is for reasons not amounting to an acquittal, and takes place after a jury has been impanelled and sworn to try the defendant, or, if the jury trial is waived, after the first witness is sworn. However, termination of prosecution is not improper if:

(a) The defendant consents to the termination; or

(b) The defendant waives his right to object to the termination;

(i) It is physically impossible to proceed with the trial in conformity with the law; or

(ii) There is a legal defect in the proceeding not attributable to the state that would make any judgment entered upon a verdict reversible as a matter of law; or

(iii) Prejudicial conduct in or out of the courtroom not attributable to the state makes it impossible to proceed with the trial without injustice to the defendant or the state; or

(iv) The jury is unable to agree upon a verdict; or

(v) False statements of a juror on voir dire prevent a fair trial.

CREDIT(S)

Laws 1973, c. 196, § 76-1-403; Laws 1974, c. 32, § 3.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-1-404

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 1. General Provisions (Refs & Annos)

Part 4. Multiple Prosecutions and Double Jeopardy

§ 76-1-404. Concurrent jurisdiction--Prosecution in other jurisdiction barring prosecution in state

If a defendant's conduct establishes the commission of one or more offenses within the concurrent jurisdiction of this state and of another jurisdiction, federal or state, the prosecution in the other jurisdiction is a bar to a subsequent prosecution in this state if (1) the former prosecution resulted in an acquittal, conviction, or termination of prosecution, as those terms are defined in Section 76-1-403, and (2) the subsequent prosecution is for the same offense or offenses.

CREDIT(S)

Laws 1973, c. 196, § 76-1-404.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-1-405

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 1. General Provisions (Refs & Annos)

Part 4. Multiple Prosecutions and Double Jeopardy

§ 76-1-405. Subsequent prosecution not barred--Circumstances

A subsequent prosecution for an offense shall not be barred under the following circumstances:

(1) The former prosecution was procured by the defendant without the knowledge of the prosecuting attorney bringing the subsequent prosecution and with intent to avoid the sentence that might otherwise be imposed; or

(2) The former prosecution resulted in a judgment of guilt held invalid in a subsequent proceeding on writ of habeas corpus, coram nobis, or similar collateral attack.

CREDIT(S)

Laws 1973, c. 196, § 76-1-405.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-1-501

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 1. General Provisions (Refs & Annos)

Part 5. Burden of Proof

§ 76-1-501. Presumption of innocence--“Element of the offense” defined

(1) A defendant in a criminal proceeding is presumed to be innocent until each element of the offense charged against him is proved beyond a reasonable doubt. In absence of such proof, the defendant shall be acquitted.

(2) As used in this part the words “element of the offense” mean:

(a) The conduct, attendant circumstances, or results of conduct proscribed, prohibited, or forbidden in the definition of the offense;

(b) The culpable mental state required.

(3) The existence of jurisdiction and venue are not elements of the offense but shall be established by a preponderance of the evidence.

CREDIT(S)

Laws 1973, c. 196, § 76-1-501.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-1-502

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 1. General Provisions (Refs & Annos)

Part 5. Burden of Proof

§ 76-1-502. Negating defense by allegation or proof--When not required

Section 76-1-501 does not require negating a defense:

(1) By allegation in an information, indictment, or other charge; or

(2) By proof, unless:

(a) The defense is in issue in the case as a result of evidence presented at trial, either by the prosecution or the defense; or

(b) The defense is an affirmative defense, and the defendant has presented evidence of such affirmative defense.

CREDIT(S)

Laws 1973, c. 196, § 76-1-502.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-1-503

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 1. General Provisions (Refs & Annos)

Part 5. Burden of Proof

§ 76-1-503. Presumption of fact

An evidentiary presumption established by this code or other penal statute has the following consequences:

(1) When evidence of facts which support the presumption exist, the issue of the existence of the presumed fact must be submitted to the jury unless the court is satisfied that the evidence as a whole clearly negates the presumed fact;

(2) In submitting the issue of the existence of a presumed fact to the jury, the court shall charge that while the presumed fact must on all evidence be proved beyond a reasonable doubt, the law regards the facts giving rise to the presumption as evidence of the presumed fact.

CREDIT(S)

Laws 1973, c. 196, § 76-1-503.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-1-504

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 1. General Provisions (Refs & Annos)

Part 5. Burden of Proof

§ 76-1-504. Affirmative defense presented by defendant

Evidence of an affirmative defense as defined by this code or other statutes shall be presented by the defendant.

CREDIT(S)

Laws 1973, c. 196, § 76-1-504.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-1-601

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 1. General Provisions (Refs & Annos)

Part 6. Definitions

§ 76-1-601. Definitions

Unless otherwise provided, the following terms apply to this title:

(1) “Act” means a voluntary bodily movement and includes speech.

(2) “Actor” means a person whose criminal responsibility is in issue in a criminal action.

(3) “Bodily injury” means physical pain, illness, or any impairment of physical condition.

(4) “Conduct” means an act or omission.

(5) “Dangerous weapon” means:

(a) any item capable of causing death or serious bodily injury; or

(b) a facsimile or representation of the item, if:

(i) the actor's use or apparent intended use of the item leads the victim to reasonably believe the item is likely to cause death or serious bodily injury; or

(ii) the actor represents to the victim verbally or in any other manner that he is in control of such an item.

(6) “Grievous sexual offense” means:

(a) rape, Section 76-5-402;

(b) rape of a child, Section 76-5-402.1;

(d) object rape of a child, Section 76-5-402.3;

(e) forcible sodomy, Subsection 76-5-403(2);

(f) sodomy on a child, Section 76-5-403.1;

(g) aggravated sexual abuse of a child, Subsection 76-5-404.1(4);

(h) aggravated sexual assault, Section 76-5-405;

(i) any felony attempt to commit an offense described in Subsections (6)(a) through (h); or

(j) an offense in another state, territory, or district of the United States that, if committed in Utah, would constitute an offense described in Subsections (6)(a) through (i).

(7) “Offense” means a violation of any penal statute of this state.

(8) “Omission” means a failure to act when there is a legal duty to act and the actor is capable of acting.

(9) “Person” means an individual, public or private corporation, government, partnership, or unincorporated association.

(10) “Possess” means to have physical possession of or to exercise dominion or control over tangible property.

(11) “Serious bodily injury” means bodily injury that creates or causes serious permanent disfigurement, protracted loss or impairment of the function of any bodily member or organ, or creates a substantial risk of death.

(12) “Substantial bodily injury” means bodily injury, not amounting to serious bodily injury, that creates or causes protracted physical pain, temporary disfigurement, or temporary loss or impairment of the function of any bodily member or organ.

(13) “Writing” or “written” includes any handwriting, typewriting, printing, electronic storage or transmission, or any other method of recording information or fixing information in a form capable of being preserved.

CREDIT(S)

Laws 1973, c. 196, § 76-1-601; Laws 1989, c. 170, § 1; Laws 1995, c. 244, § 1, eff. May 1, 1995; Laws 1995, c. 291, § 1, eff. May 1, 1995; Laws 1996, c. 205, § 26, eff. April 29, 1996; Laws 2007, c. 339, § 2, eff. April 30, 2007.

Current through 2012 Fourth Special Session.

U.C.A. 1953 T. 76, Ch. 2, Refs & Annos

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 2. Principles of Criminal Responsibility

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-2-101

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 2. Principles of Criminal Responsibility (Refs & Annos)

Part 1. Culpability Generally

§ 76-2-101. Requirements of criminal conduct and criminal responsibility

(1)(a) A person is not guilty of an offense unless the person's conduct is prohibited by law; and

(b)(i) the person acts intentionally, knowingly, recklessly, with criminal negligence, or with a mental state otherwise specified in the statute defining the offense, as the definition of the offense requires; or

(ii) the person's acts constitute an offense involving strict liability.

(2) These standards of criminal responsibility do not apply to the violations set forth in Title 41, Chapter 6a, Traffic Code, unless specifically provided by law.

CREDIT(S)

Laws 1973, c. 196, § 76-2-101; Laws 1983, c. 90, § 1; Laws 1983, c. 98, § 1; Laws 2005, c. 2, § 300, eff. Feb. 2, 2005.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-2-102

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 2. Principles of Criminal Responsibility (Refs & Annos)

Part 1. Culpability Generally

§ 76-2-102. Culpable mental state required--Strict liability

Every offense not involving strict liability shall require a culpable mental state, and when the definition of the offense does not specify a culpable mental state and the offense does not involve strict liability, intent, knowledge, or recklessness shall suffice to establish criminal responsibility. An offense shall involve strict liability if the statute defining the offense clearly indicates a legislative purpose to impose criminal responsibility for commission of the conduct prohibited by the statute without requiring proof of any culpable mental state.

CREDIT(S)

Laws 1973, c. 196, § 76-2-102; Laws 1983, c. 90, § 2.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-2-103

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 2. Principles of Criminal Responsibility (Refs & Annos)

Part 1. Culpability Generally

§ 76-2-103. Definitions

A person engages in conduct:

(1) Intentionally, or with intent or willfully with respect to the nature of his conduct or to a result of his conduct, when it is his conscious objective or desire to engage in the conduct or cause the result.

(2) Knowingly, or with knowledge, with respect to his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or the existing circumstances. A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result.

(3) Recklessly with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint.

(4) With criminal negligence or is criminally negligent with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise in all the circumstances as viewed from the actor's standpoint.

CREDIT(S)

Laws 1973, c. 196, § 76-2-103; Laws 1974, c. 32, § 4; Laws 2007, c. 229, § 4, eff. April 30, 2007.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-2-104

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 2. Principles of Criminal Responsibility (Refs & Annos)

Part 1. Culpability Generally

§ 76-2-104. Culpable mental state--Higher mental states included

(1) If acting with criminal negligence is sufficient to establish the culpable mental state for an element of an offense, that element is also established if a person acts intentionally, knowingly, or recklessly.

(2) If acting recklessly is sufficient to establish the culpable mental state for an element of an offense, that element is also established if a person acts intentionally or knowingly.

(3) If acting knowingly is sufficient to establish the culpable mental state for an element of an offense, that element is also established if a person acts intentionally.

CREDIT(S)

Laws 1973, c. 196, § 76-2-104; Laws 1998, c. 75, § 1, eff. May 4, 1998.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-2-105

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 2. Principles of Criminal Responsibility (Refs & Annos)

Part 1. Culpability Generally

§ 76-2-105. Transferred intent

Where intentionally causing a result is an element of an offense, that element is established even if a different person than the actor intended was killed, injured, or harmed, or different property than the actor intended was damaged or otherwise affected.

CREDIT(S)

Laws 2004, c. 199, § 1, eff. May 3, 2004.

Current through 2012 Fourth Special Session.

U.C.A. 1953 T. 76, Ch. 2, Pt. 2, Refs & Annos

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 2. Principles of Criminal Responsibility

Part 2. Criminal Responsibility for Conduct of Another

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-2-201

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 2. Principles of Criminal Responsibility (Refs & Annos)

Part 2. Criminal Responsibility for Conduct of Another (Refs & Annos)

§ 76-2-201. Definitions

As used in this part:

(1) “Agent” means any director, officer, employee, or other person authorized to act in behalf of a corporation or association.

(2) “High managerial agent” means:

(a) A partner in a partnership;

(b) An officer of a corporation or association;

(c) An agent of a corporation or association who has duties of such responsibility that his conduct reasonably may be assumed to represent the policy of the corporation or association.

(3) “Corporation” means all organizations required by the laws of this state or any other state to obtain a certificate of authority, a certificate of incorporation, or other form of registration to transact business as a corporation within this state or any other state and shall include domestic, foreign, profit and nonprofit corporations, but shall not include a corporation sole, as such term is used in Title 16, Chapter 7, Utah Code Annotated 1953. Lack of an appropriate certificate of authority, incorporation, or other form of registration shall be no defense when such organization conducted its business in a manner as to appear to have lawful corporate existence.

CREDIT(S)

Laws 1973, c. 196, § 76-2-201.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-2-202

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 2. Principles of Criminal Responsibility (Refs & Annos)

Part 2. Criminal Responsibility for Conduct of Another (Refs & Annos)

§ 76-2-202. Criminal responsibility for direct commission of offense or for conduct of another

Every person, acting with the mental state required for the commission of an offense who directly commits the offense, who solicits, requests, commands, encourages, or intentionally aids another person to engage in conduct which constitutes an offense shall be criminally liable as a party for such conduct.

CREDIT(S)

Laws 1973, c. 196, § 76-2-202.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-2-203

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 2. Principles of Criminal Responsibility (Refs & Annos)

Part 2. Criminal Responsibility for Conduct of Another (Refs & Annos)

§ 76-2-203. Defenses unavailable in prosecution based on conduct of another

In any prosecution in which an actor's criminal responsibility is based on the conduct of another, it is no defense:

(1) That the actor belongs to a class of persons who by definition of the offense is legally incapable of committing the offense in an individual capacity, or

(2) That the person for whose conduct the actor is criminally responsible has been acquitted, has not been prosecuted or convicted, has been convicted of a different offense or of a different type or class of offense or is immune from prosecution.

CREDIT(S)

Laws 1973, c. 196, § 76-2-203.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-2-204

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 2. Principles of Criminal Responsibility (Refs & Annos)

Part 2. Criminal Responsibility for Conduct of Another (Refs & Annos)

§ 76-2-204. Criminal responsibility of corporation or association

A corporation or association is guilty of an offense when:

(1) The conduct constituting the offense consists of an omission to discharge a specific duty of affirmative performance imposed on corporations or associations by law; or

(2) The conduct constituting the offense is authorized, solicited, requested, commanded, or undertaken, performed, or recklessly tolerated by the board of directors or by a high managerial agent acting within the scope of his employment and in behalf of the corporation or association.

CREDIT(S)

Laws 1973, c. 196, § 76-2-204.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-2-205

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 2. Principles of Criminal Responsibility (Refs & Annos)

Part 2. Criminal Responsibility for Conduct of Another (Refs & Annos)

§ 76-2-205. Criminal responsibility of person for conduct in name of corporation or association

A person is criminally liable for conduct constituting an offense which he performs or causes to be performed in the name of or on behalf of a corporation or association to the same extent as if such conduct were performed in his own name or behalf.

CREDIT(S)

Laws 1973, c. 196, § 76-2-205.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-2-301

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 2. Principles of Criminal Responsibility (Refs & Annos)

Part 3. Defenses to Criminal Responsibility

§ 76-2-301. Person under 14 years old not criminally responsible

A person is not criminally responsible for conduct performed before he reaches the age of 14 years. This section shall in no way limit the jurisdiction of or proceedings before the juvenile courts of this state.

CREDIT(S)

Laws 1973, c. 196, § 76-2-301.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-2-302

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 2. Principles of Criminal Responsibility (Refs & Annos)

Part 3. Defenses to Criminal Responsibility

§ 76-2-302. Compulsion

(1) A person is not guilty of an offense when he engaged in the proscribed conduct because he was coerced to do so by the use or threatened imminent use of unlawful physical force upon him or a third person, which force or threatened force a person of reasonable firmness in his situation would not have resisted.

(2) The defense of compulsion provided by this section shall be unavailable to a person who intentionally, knowingly, or recklessly places himself in a situation in which it is probable that he will be subjected to duress.

(3) A married woman is not entitled, by reason of the presence of her husband, to any presumption of compulsion or to any defense of compulsion except as in Subsection (1) provided.

CREDIT(S)

Laws 1973, c. 196, § 76-2-302.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-2-303

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 2. Principles of Criminal Responsibility (Refs & Annos)

Part 3. Defenses to Criminal Responsibility

§ 76-2-303. Entrapment

(1) It is a defense that the actor was entrapped into committing the offense. Entrapment occurs when a peace officer or a person directed by or acting in cooperation with the officer induces the commission of an offense in order to obtain evidence of the commission for prosecution by methods creating a substantial risk that the offense would be committed by one not otherwise ready to commit it. Conduct merely affording a person an opportunity to commit an offense does not constitute entrapment.

(2) The defense of entrapment shall be unavailable when causing or threatening bodily injury is an element of the offense charged and the prosecution is based on conduct causing or threatening the injury to a person other than the person perpetrating the entrapment.

(3) The defense provided by this section is available even though the actor denies commission of the conduct charged to constitute the offense.

(4) Upon written motion of the defendant, the court shall hear evidence on the issue and shall determine as a matter of fact and law whether the defendant was entrapped to commit the offense. Defendant's motion shall be made at least 10 days before trial except the court for good cause shown may permit a later filing.

(5) Should the court determine that the defendant was entrapped, it shall dismiss the case with prejudice, but if the court determines the defendant was not entrapped, such issue may be presented by the defendant to the jury at trial. Any order by the court dismissing a case based on entrapment shall be appealable by the state.

(6) In any hearing before a judge or jury where the defense of entrapment is an issue, past offenses of the defendant shall not be admitted except that in a trial where the defendant testifies he may be asked of his past convictions for felonies and any testimony given by the defendant at a hearing on entrapment may be used to impeach his testimony at trial.

CREDIT(S)

Laws 1973, c. 196, § 76-2-303; Laws 1998, c. 282, § 67, eff. May 4, 1998.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-2-304

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 2. Principles of Criminal Responsibility (Refs & Annos)

Part 3. Defenses to Criminal Responsibility

§ 76-2-304. Ignorance or mistake of fact or law

(1) Unless otherwise provided, ignorance or mistake of fact which disproves the culpable mental state is a defense to any prosecution for that crime.

(2) Ignorance or mistake concerning the existence or meaning of a penal law is no defense to a crime unless:

(a) Due to his ignorance or mistake, the actor reasonably believed his conduct did not constitute an offense, and

(b) His ignorance or mistake resulted from the actor's reasonable reliance upon:

(i) An official statement of the law contained in a written order or grant of permission by an administrative agency charged by law with responsibility for interpreting the law in question; or

(ii) A written interpretation of the law contained in an opinion of a court of record or made by a public servant charged by law with responsibility for interpreting the law in question.

(3) Although an actor's ignorance or mistake of fact or law may constitute a defense to the offense charged, he may nevertheless be convicted of a lesser included offense of which he would be guilty if the fact or law were as he believed.

CREDIT(S)

Laws 1973, c. 196, § 76-2-304; Laws 1974, c. 32, § 5.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-2-304.5

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 2. Principles of Criminal Responsibility (Refs & Annos)

Part 3. Defenses to Criminal Responsibility

§ 76-2-304.5. Mistake as to victim's age not a defense

(1) It is not a defense to the crime of child kidnaping, a violation of Section 76-5-301.1; rape of a child, a violation of Section 76-5-402.1; object rape of a child, a violation of Section 76-5-402.3; sodomy upon a child, a violation of Section 76-5-403.1; or sexual abuse of a child, a violation of Section 76-5-404.1; or aggravated sexual abuse of a child, a violation of Subsection 76-5-404.1(4); or an attempt to commit any of those offenses, that the actor mistakenly believed the victim to be 14 years of age or older at the time of the alleged offense or was unaware of the victim's true age.

(2) It is not a defense to the crime of unlawful sexual activity with a minor, a violation of Section 76-5-401, sexual abuse of a minor, a violation of Section 76-5-401.1, or an attempt to commit either of these offenses, that the actor mistakenly believed the victim to be 16 years of age or older at the time of the alleged offense or was unaware of the victim's true age.

CREDIT(S)

Laws 1983, c. 88, § 2; Laws 1996, c. 137, § 2, eff. April 29, 1996; Laws 1999, c. 302, § 3, eff. May 3, 1999; Laws 2003, c. 149, § 1, eff. May 5, 2003.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-2-305

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 2. Principles of Criminal Responsibility (Refs & Annos)

Part 3. Defenses to Criminal Responsibility

§ 76-2-305. Mental illness--Use as a defense--Influence of alcohol or other substance voluntarily consumed--Definition

(1)(a) It is a defense to a prosecution under any statute or ordinance that the defendant, as a result of mental illness, lacked the mental state required as an element of the offense charged.

(b) Mental illness is not otherwise a defense, but may be evidence in mitigation of the penalty in a capital felony under Section 76-3-207 and may be evidence of special mitigation reducing the level of a criminal homicide or attempted criminal homicide offense under Section 76-5-205.5.

(2) The defense defined in this section includes the defenses known as “insanity” and “diminished mental capacity.”

(3) A person who asserts a defense of insanity or diminished mental capacity, and who is under the influence of voluntarily consumed, injected, or ingested alcohol, controlled substances, or volatile substances at the time of the alleged offense is not excused from criminal responsibility on the basis of mental illness if the alcohol or substance caused, triggered, or substantially contributed to the mental illness.

(4)(a) “Mental illness” means a mental disease or defect that substantially impairs a person's mental, emotional, or behavioral functioning. A mental defect may be a congenital condition, the result of injury, or a residual effect of a physical or mental disease and includes, but is not limited to, mental retardation.

(b) “Mental illness” does not mean an abnormality manifested primarily by repeated criminal conduct.

(5) “Mental retardation” means a significant subaverage general intellectual functioning, existing concurrently with deficits in adaptive behavior, and manifested prior to age 22.

CREDIT(S)

Laws 1983, c. 49, § 1; Laws 1986, c. 120, § 1; Laws 1990, c. 306, § 3; Laws 1999, c. 2, § 1, eff. May 3, 1999; Laws 2003, c. 11, § 2, eff. March 15, 2003.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-2-306

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 2. Principles of Criminal Responsibility (Refs & Annos)

Part 3. Defenses to Criminal Responsibility

§ 76-2-306. Voluntary intoxication

Voluntary intoxication shall not be a defense to a criminal charge unless such intoxication negates the existence of the mental state which is an element of the offense; however, if recklessness or criminal negligence establishes an element of an offense and the actor is unaware of the risk because of voluntary intoxication, his unawareness is immaterial in a prosecution for that offense.

CREDIT(S)

Laws 1973, c. 196, § 76-2-306.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-2-307

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 2. Principles of Criminal Responsibility (Refs & Annos)

Part 3. Defenses to Criminal Responsibility

§ 76-2-307. Voluntary termination of efforts prior to offense

It is an affirmative defense to a prosecution in which an actor's criminal responsibility arises from his own conduct or from being a party to an offense under Section 76-2-202 that prior to the commission of the offense, the actor voluntarily terminated his effort to promote or facilitate its commission and either:

(1) Gave timely warning to the proper law enforcement authorities or the intended victim; or

(2) Wholly deprives his prior efforts of effectiveness in the commission.

CREDIT(S)

Laws 1973, c. 196, § 76-2-307; Laws 1995, c. 20, § 128, eff. May 1, 1995.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-2-308

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 2. Principles of Criminal Responsibility (Refs & Annos)

Part 3. Defenses to Criminal Responsibility

§ 76-2-308. Affirmative defenses

Defenses enumerated in this part constitute affirmative defenses.

CREDIT(S)

Laws 1973, c. 196, § 76-2-308.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-2-401

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 2. Principles of Criminal Responsibility (Refs & Annos)

Part 4. Justification Excluding Criminal Responsibility

§ 76-2-401. Justification as defense--When allowed

(1) Conduct which is justified is a defense to prosecution for any offense based on the conduct. The defense of justification may be claimed:

(a) when the actor's conduct is in defense of persons or property under the circumstances described in Sections 76-2-402 through 76-2-406 of this part;

(b) when the actor's conduct is reasonable and in fulfillment of his duties as a governmental officer or employee;

(c) when the actor's conduct is reasonable discipline of minors by parents, guardians, teachers, or other persons in loco parentis, as limited by Subsection (2);

(d) when the actor's conduct is reasonable discipline of persons in custody under the laws of the state; or

(e) when the actor's conduct is justified for any other reason under the laws of this state.

(2) The defense of justification under Subsection (1)(c) is not available if the offense charged involves causing serious bodily injury, as defined in Section 76-1-601, serious physical injury, as defined in Section 76-5-109, or the death of the minor.

CREDIT(S)

Laws 1973, c. 196, § 76-2-401; Laws 2000, c. 126, § 1, eff. May 1, 2000.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-2-402

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 2. Principles of Criminal Responsibility (Refs & Annos)

Part 4. Justification Excluding Criminal Responsibility

§ 76-2-402. Force in defense of person--Forcible felony defined

(1)(a) A person is justified in threatening or using force against another when and to the extent that the person reasonably believes that force or a threat of force is necessary to defend the person or a third person against another person's imminent use of unlawful force.

(b) A person is justified in using force intended or likely to cause death or serious bodily injury only if the person reasonably believes that force is necessary to prevent death or serious bodily injury to the person or a third person as a result of another person's imminent use of unlawful force, or to prevent the commission of a forcible felony.

(2)(a) A person is not justified in using force under the circumstances specified in Subsection (1) if the person:

(i) initially provokes the use of force against the person with the intent to use force as an excuse to inflict bodily harm upon the assailant;

(ii) is attempting to commit, committing, or fleeing after the commission or attempted commission of a felony; or

(iii) was the aggressor or was engaged in a combat by agreement, unless the person withdraws from the encounter and effectively communicates to the other person his intent to do so and, notwithstanding, the other person continues or threatens to continue the use of unlawful force.

(b) For purposes of Subsection (2)(a)(iii) the following do not, by themselves, constitute “combat by agreement”:

(i) voluntarily entering into or remaining in an ongoing relationship; or

(ii) entering or remaining in a place where one has a legal right to be.

(3) A person does not have a duty to retreat from the force or threatened force described in Subsection (1) in a place where that person has lawfully entered or remained, except as provided in Subsection (2)(a)(iii).

(4)(a) For purposes of this section, a forcible felony includes aggravated assault, mayhem, aggravated murder, murder, manslaughter, kidnapping, and aggravated kidnapping, rape, forcible sodomy, rape of a child, object rape, object rape of a child, sexual abuse of a child, aggravated sexual abuse of a child, and aggravated sexual assault as defined in Title 76, Chapter 5, Offenses Against the Person, and arson, robbery, and burglary as defined in Title 76, Chapter 6, Offenses Against Property.

(b) Any other felony offense which involves the use of force or violence against a person so as to create a substantial danger of death or serious bodily injury also constitutes a forcible felony.

(c) Burglary of a vehicle, defined in Section 76-6-204, does not constitute a forcible felony except when the vehicle is occupied at the time unlawful entry is made or attempted.

(5) In determining imminence or reasonableness under Subsection (1), the trier of fact may consider, but is not limited to, any of the following factors:

(a) the nature of the danger;

(b) the immediacy of the danger;

(d) the other's prior violent acts or violent propensities; and

(e) any patterns of abuse or violence in the parties' relationship.

CREDIT(S)

Laws 1973, c. 196, § 76-2-402; Laws 1974, c. 32, § 6; Laws 1991, c. 10, § 5; Laws 1994, c. 26, § 1; Laws 2010, c. 324, § 126, eff. May 11, 2010; Laws 2010, c. 361, § 1, eff. May 11, 2010.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-2-403

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 2. Principles of Criminal Responsibility (Refs & Annos)

Part 4. Justification Excluding Criminal Responsibility

§ 76-2-403. Force in arrest

Any person is justified in using any force, except deadly force, which he reasonably believes to be necessary to effect an arrest or to defend himself or another from bodily harm while making an arrest.

CREDIT(S)

Laws 1973, c. 196, § 76-2-403.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-2-404

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 2. Principles of Criminal Responsibility (Refs & Annos)

Part 4. Justification Excluding Criminal Responsibility

§ 76-2-404. Peace officer's use of deadly force

(1) A peace officer, or any person acting by his command in his aid and assistance, is justified in using deadly force when:

(a) the officer is acting in obedience to and in accordance with the judgment of a competent court in executing a penalty of death under Subsection 77-18-5.5(3) or (4);

(b) effecting an arrest or preventing an escape from custody following an arrest, where the officer reasonably believes that deadly force is necessary to prevent the arrest from being defeated by escape; and

(i) the officer has probable cause to believe that the suspect has committed a felony offense involving the infliction or threatened infliction of death or serious bodily injury; or

(ii) the officer has probable cause to believe the suspect poses a threat of death or serious bodily injury to the officer or to others if apprehension is delayed; or

(c) the officer reasonably believes that the use of deadly force is necessary to prevent death or serious bodily injury to the officer or another person.

(2) If feasible, a verbal warning should be given by the officer prior to any use of deadly force under Subsection (1)(b) or (1)(c).

CREDIT(S)

Laws 1986, c. 94, § 1; Laws 1987, c. 92, § 153; Laws 2004, c. 51, § 1, eff. May 3, 2004.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-2-405

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 2. Principles of Criminal Responsibility (Refs & Annos)

Part 4. Justification Excluding Criminal Responsibility

§ 76-2-405. Force in defense of habitation

(1) A person is justified in using force against another when and to the extent that he reasonably believes that the force is necessary to prevent or terminate the other's unlawful entry into or attack upon his habitation; however, he is justified in the use of force which is intended or likely to cause death or serious bodily injury only if:

(a) the entry is made or attempted in a violent and tumultuous manner, surreptitiously, or by stealth, and he reasonably believes that the entry is attempted or made for the purpose of assaulting or offering personal violence to any person, dwelling, or being in the habitation and he reasonably believes that the force is necessary to prevent the assault or offer of personal violence; or

(b) he reasonably believes that the entry is made or attempted for the purpose of committing a felony in the habitation and that the force is necessary to prevent the commission of the felony.

(2) The person using force or deadly force in defense of habitation is presumed for the purpose of both civil and criminal cases to have acted reasonably and had a reasonable fear of imminent peril of death or serious bodily injury if the entry or attempted entry is unlawful and is made or attempted by use of force, or in a violent and tumultuous manner, or surreptitiously or by stealth, or for the purpose of committing a felony.

CREDIT(S)

Laws 1973, c. 196, § 76-2-405; Laws 1985, c. 252, § 1.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-2-406

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 2. Principles of Criminal Responsibility (Refs & Annos)

Part 4. Justification Excluding Criminal Responsibility

§ 76-2-406. Force in defense of property--Affirmative defense

(1) A person is justified in using force, other than deadly force, against another when and to the extent that the person reasonably believes that force is necessary to prevent or terminate another person's criminal interference with real property or personal property:

(a) lawfully in the person's possession;

(b) lawfully in the possession of a member of the person's immediate family; or

(2) In determining reasonableness under Subsection (1), the trier of fact shall, in addition to any other factors, consider the following factors:

(a) the apparent or perceived extent of the damage to the property;

(b) property damage previously caused by the other person;

(d) any patterns of abuse or violence between the person and the other person.

CREDIT(S)

Laws 1973, c. 196, § 76-2-406; Laws 2010, c. 377, § 1, eff. May 11, 2010.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-2-407

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 2. Principles of Criminal Responsibility (Refs & Annos)

Part 4. Justification Excluding Criminal Responsibility

§ 76-2-407. Deadly force in defense of persons on real property

(1) A person is justified in using force intended or likely to cause death or serious bodily injury against another in his defense of persons on real property other than his habitation if:

(a) he is in lawful possession of the real property;

(b) he reasonably believes that the force is necessary to prevent or terminate the other person's trespass onto the real property;

(d)(i) the person reasonably believes that the trespass is attempted or made for the purpose of committing violence against any person on the real property and he reasonably believes that the force is necessary to prevent personal violence; or

(ii) the person reasonably believes that the trespass is made or attempted for the purpose of committing a forcible felony as defined in Section 76-2-402 that poses imminent peril of death or serious bodily injury to a person on the real property and that the force is necessary to prevent the commission of that forcible felony.

(2) The person using deadly force in defense of persons on real property under Subsection (1) is presumed for the purpose of both civil and criminal cases to have acted reasonably and had a reasonable fear of imminent peril of death or serious bodily injury if the trespass or attempted trespass is unlawful and is made or attempted by use of force, or in a violent and tumultuous manner, or for the purpose of committing a forcible felony.

CREDIT(S)

Laws 2002, c. 273, § 1, eff. May 6, 2002.

Current through 2012 Fourth Special Session.

U.C.A. 1953 T. 76, Ch. 3, Refs & Annos

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 3. Punishments

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-3-101

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 3. Punishments (Refs & Annos)

Part 1. Classification of Offenses

§ 76-3-101. Sentencing in accordance with chapter

(1) A person adjudged guilty of an offense under this code shall be sentenced in accordance with the provisions of this chapter.

(2) Penal laws enacted after the effective date of this code [FN1] shall be classified for sentencing purposes in accordance with this chapter.

CREDIT(S)

Laws 1973, c. 196, § 76-3-101.

[FN1] Laws 1973, c. 196 enacted Title 76, the Utah Criminal Code, effective July 1, 1973.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-3-102

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 3. Punishments (Refs & Annos)

Part 1. Classification of Offenses

§ 76-3-102. Designation of offenses

Offenses are designated as felonies, misdemeanors, or infractions.

CREDIT(S)

Laws 1973, c. 196, § 76-3-102.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-3-103

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 3. Punishments (Refs & Annos)

Part 1. Classification of Offenses

§ 76-3-103. Felonies classified

(1) Felonies are classified into four categories:

(a) Capital felonies;

(b) Felonies of the first degree;

(d) Felonies of the third degree.

(2) An offense designated as a felony either in this code or in another law, without specification as to punishment or category, is a felony of the third degree.

CREDIT(S)

Laws 1973, c. 196, § 76-3-103.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-3-104

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 3. Punishments (Refs & Annos)

Part 1. Classification of Offenses

§ 76-3-104. Misdemeanors classified

(1) Misdemeanors are classified into three categories:

(a) Class A misdemeanors;

(b) Class B misdemeanors;

(2) An offense designated a misdemeanor, either in this code or in another law, without specification as to punishment or category, is a class B misdemeanor.

CREDIT(S)

Laws 1973, c. 196, § 76-3-104.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-3-105

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 3. Punishments (Refs & Annos)

Part 1. Classification of Offenses

§ 76-3-105. Infractions

(1) Infractions are not classified.

(2) Any offense which is an infraction within this code is expressly designated and any offense defined outside this code which is not designated as a felony or misdemeanor and for which no penalty is specified is an infraction.

CREDIT(S)

Laws 1973, c. 196, § 76-3-105.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-3-201

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 3. Punishments (Refs & Annos)

Part 2. Sentencing

§ 76-3-201. Definitions--Sentences or combination of sentences allowed--Civil penalties.

(1) As used in this section:

(a) “Conviction” includes a:

(i) judgment of guilt; and

(ii) plea of guilty.

(b) “Criminal activities” means any offense of which the defendant is convicted or any other criminal conduct for which the defendant admits responsibility to the sentencing court with or without an admission of committing the criminal conduct.

(c) “Pecuniary damages” means all special damages, but not general damages, which a person could recover against the defendant in a civil action arising out of the facts or events constituting the defendant's criminal activities and includes the money equivalent of property taken, destroyed, broken, or otherwise harmed, and losses including earnings and medical expenses.

(d) “Restitution” means full, partial, or nominal payment for pecuniary damages to a victim, and payment for expenses to a governmental entity for extradition or transportation and as further defined in Title 77, Chapter 38a, Crime Victims Restitution Act.

(e)(i) “Victim” means any person who the court determines has suffered pecuniary damages as a result of the defendant's criminal activities.

(ii) “Victim” does not include any coparticipant in the defendant's criminal activities.

(2) Within the limits prescribed by this chapter, a court may sentence a person convicted of an offense to any one of the following sentences or combination of them:

(a) to pay a fine;

(b) to removal or disqualification from public or private office;

(d) to imprisonment;

(e) on or after April 27, 1992, to life in prison without parole; or

(f) to death.

(3)(a) This chapter does not deprive a court of authority conferred by law to:

(i) forfeit property;

(ii) dissolve a corporation;

(iii) suspend or cancel a license;

(iv) permit removal of a person from office;

(v) cite for contempt; or

(vi) impose any other civil penalty.

(b) A civil penalty may be included in a sentence.

(4)(a) When a person is convicted of criminal activity that has resulted in pecuniary damages, in addition to any other sentence it may impose, the court shall order that the defendant make restitution to the victims, or for conduct for which the defendant has agreed to make restitution as part of a plea agreement.

(b) In determining whether restitution is appropriate, the court shall follow the criteria and procedures as provided in Title 77, Chapter 38a, Crime Victims Restitution Act.

(c) In addition to any other sentence the court may impose, the court, pursuant to the provisions of Sections 63M-7-503 and 77-38a-401, shall enter:

(i) a civil judgment for complete restitution for the full amount of expenses paid on behalf of the victim by the Utah Office for Victims of Crime; and

(ii) an order of restitution for restitution payable to the Utah Office for Victims of Crime in the same amount unless otherwise ordered by the court pursuant to Subsection (4)(d).

(d) In determining whether to order that the restitution required under Subsection (4)(c) be reduced or that the defendant be exempted from the restitution, the court shall consider the criteria under Subsections 77-38a-302(5)(c)(i) through (iv) and provide findings of its decision on the record.

(5)(a) In addition to any other sentence the court may impose, and unless otherwise ordered by the court, the defendant shall pay restitution of governmental transportation expenses if the defendant was:

(i) transported pursuant to court order from one county to another within the state at governmental expense to resolve pending criminal charges;

(ii) charged with a felony or a class A, B, or C misdemeanor; and

(iii) convicted of a crime.

(b) The court may not order the defendant to pay restitution of governmental transportation expenses if any of the following apply:

(i) the defendant is charged with an infraction or on a subsequent failure to appear a warrant is issued for an infraction; or

(ii) the defendant was not transported pursuant to a court order.

(c)(i) Restitution of governmental transportation expenses under Subsection (5)(a)(i) shall be calculated according to the following schedule:

(A) $100 for up to 100 miles a defendant is transported;

(B) $200 for 100 up to 200 miles a defendant is transported; and

(ii) The schedule of restitution under Subsection (5)(c)(i) applies to each defendant transported regardless of the number of defendants actually transported in a single trip.

(d) If a defendant has been extradited to this state under Title 77, Chapter 30, Extradition, to resolve pending criminal charges and is convicted of criminal activity in the county to which he has been returned, the court may, in addition to any other sentence it may impose, order that the defendant make restitution for costs expended by any governmental entity for the extradition.

(6)(a) In addition to any other sentence the court may impose, and unless otherwise ordered by the court pursuant to Subsection (6)(c), the defendant shall pay restitution to the county for the cost of incarceration and costs of medical care provided to the defendant while in the county correctional facility before and after sentencing if:

(i) the defendant is convicted of criminal activity that results in incarceration in the county correctional facility; and

(ii)(A) the defendant is not a state prisoner housed in a county correctional facility through a contract with the Department of Corrections; or

(B) the reimbursement does not duplicate the reimbursement provided under Section 64-13e-104 if the defendant is a state probationary inmate, as defined in Section 64-13e-102, or a state parole inmate, as defined in Section 64-13e-102.

(b)(i) The costs of incarceration under Subsection (6)(a) are the amount determined by the county correctional facility, but may not exceed the daily inmate incarceration costs and medical and transportation costs for the county correctional facility.

(ii) The costs of incarceration under Subsection (6)(a) do not include expenses incurred by the county correctional facility in providing reasonable accommodation for an inmate qualifying as an individual with a disability as defined and covered by the federal Americans with Disabilities Act of 1990, 42 U.S.C. 12101 through 12213, including medical and mental health treatment for the inmate's disability.

(c) In determining whether to order that the restitution required under this Subsection (6) be reduced or that the defendant be exempted from the restitution, the court shall consider the criteria under Subsections 77-38a-302(5)(c)(i) through (iv) and shall enter the reason for its order on the record.

(d) If on appeal the defendant is found not guilty of the criminal activity under Subsection (6)(a)(i) and that finding is final as defined in Section 76-1-304, the county shall reimburse the defendant for restitution the defendant paid for costs of incarceration under Subsection (6)(a).

CREDIT(S)

Laws 1973, c. 196, § 76-3-201; Laws 1979, c. 69, § 1; Laws 1981, c. 59, § 1; Laws 1983, c. 85, § 1; Laws 1983, c. 88, § 3; Laws 1984, c. 18, § 1; Laws 1986, c. 156, § 1; Laws 1987, c. 107, § 1; Laws 1990, c. 81, § 1; Laws 1992, c. 142, § 1; Laws 1993, c. 17, § 1; Laws 1994, c. 13, § 19; Laws 1995, c. 111, § 1, eff. May 1, 1995; Laws 1995, c. 117, § 1, eff. May 1, 1995; Laws 1995, c. 301, § 1, eff. May 1, 1995; Laws 1995, c. 337, § 1, eff. May 1, 1995; Laws 1995, 1st Sp.Sess., c. 10, § 1, eff. April 29, 1996; Laws 1996, c. 40, § 1, eff. April 29, 1996; Laws 1996, c. 79, § 98, eff. April 29, 1996; Laws 1996, c. 241, §§ 2, 3, eff. April 29, 1996; Laws 1998, c. 149, § 1, eff. May 4, 1998; Laws 1999, c. 270, § 15, eff. May 3, 1999; Laws 2001, c. 209, § 1, eff. April 30, 2001; Laws 2002, c. 35, § 4, eff. May 6, 2002; Laws 2003, c. 280, § 1, eff. May 5, 2003; Laws 2006, c. 208, § 1, eff. May 1, 2006; Laws 2007, c. 154, § 1, eff. April 30, 2007; Laws 2007, c. 339, § 3, eff. April 30, 2007; Laws 2007, c. 353, § 9, eff. April 30, 2007; Laws 2008, c. 151, § 1, eff. May 5, 2008; Laws 2010, c. 85, § 1, eff. May 11, 2010; Laws 2011, c. 64, § 3, eff. May 10, 2011; Laws 2011, c. 131, § 18, eff. May 10, 2011.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-3-201.1

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 3. Punishments (Refs & Annos)

Part 2. Sentencing

§ 76-3-201.1. Collection of criminal judgment accounts receivable

(1) As used in this section:

(a) “Criminal judgment accounts receivable” means any amount due the state arising from a criminal judgment for which payment has not been received by the state agency that is servicing the debt.

(b) “Accounts receivable” includes unpaid fees, overpayments, fines, forfeitures, surcharges, costs, interest, penalties, restitution to victims, third party claims, claims, reimbursement of a reward, and damages.

(2)(a) A criminal judgment account receivable ordered by the court as a result of prosecution for a criminal offense may be collected by any means authorized by law for the collection of a civil judgment.

(b)(i) The court may permit a defendant to pay a criminal judgment account receivable in installments.

(ii) In the district court, if the criminal judgment account receivable is paid in installments, the total amount due shall include all fines, surcharges, postjudgment interest, and fees.

(c) Upon default in the payment of a criminal judgment account receivable or upon default in the payment of any installment of that receivable, the criminal judgment account receivable may be collected as provided in this section or Subsection 77-18-1(9) or (10), and by any means authorized by law for the collection of a civil judgment.

(3) When a defendant defaults in the payment of a criminal judgment account receivable or any installment of that receivable, the court, on motion of the prosecution, victim, or upon its own motion may:

(a) order the defendant to appear and show cause why the default should not be treated as contempt of court; or

(b) issue a warrant of arrest.

(4)(a) Unless the defendant shows that the default was not attributable to an intentional refusal to obey the order of the court or to a failure to make a good faith effort to make the payment, the court may find that the default constitutes contempt.

(b) Upon a finding of contempt, the court may order the defendant committed until the criminal judgment account receivable, or a specified part of it, is paid.

(5) If it appears to the satisfaction of the court that the default is not contempt, the court may enter an order for any of the following or any combination of the following:

(a) require the defendant to pay the criminal judgment account receivable or a specified part of it by a date certain;

(b) restructure the payment schedule;

(d) except as provided in Section 77-18-8, execute the original sentence of imprisonment;

(e) start the period of probation anew;

(f) except as limited by Subsection (6), convert the criminal judgment account receivable or any part of it to compensatory service;

(g) except as limited by Subsection (6), reduce or revoke the unpaid amount of the criminal judgment account receivable; or

(h) in the district court, record the unpaid balance of the criminal judgment account receivable as a civil judgment and transfer the responsibility for collecting the judgment to the Office of State Debt Collection.

(6) In issuing an order under this section, the court may not modify the amount of the judgment of complete restitution.

(7) Whether or not a default constitutes contempt, the court may add to the amount owed the fees established under Subsection 63A-3-502(4)(g) and postjudgment interest.

(8)(a)(i) If a criminal judgment account receivable is past due in a case supervised by the Department of Corrections, the judge shall determine whether or not to record the unpaid balance of the account receivable as a civil judgment.

(ii) If the judge records the unpaid balance of the account receivable as a civil judgment, the judge shall transfer the responsibility for collecting the judgment to the Office of State Debt Collection.

(b) If a criminal judgment account receivable in a case not supervised by the Department of Corrections is past due, the district court may, without a motion or hearing, record the unpaid balance of the criminal judgment account receivable as a civil judgment and transfer the responsibility for collecting the account receivable to the Office of State Debt Collection.

(c) If a criminal judgment account receivable in a case not supervised by the Department of Corrections is more than 90 days past due, the district court shall, without a motion or hearing, record the unpaid balance of the criminal judgment account receivable as a civil judgment and transfer the responsibility for collecting the criminal judgment account receivable to the Office of State Debt Collection.

(9)(a) When a fine, forfeiture, surcharge, cost permitted by statute, fee, or an order of restitution is imposed on a corporation or unincorporated association, the person authorized to make disbursement from the assets of the corporation or association shall pay the obligation from those assets.

(b) Failure to pay the obligation may be held to be contempt under Subsection (3).

(10) The prosecuting attorney may collect restitution in behalf of a victim.

CREDIT(S)

Laws 1979, c. 69, § 2; Laws 1983, c. 262, § 3; Laws 1987, c. 107, § 2; Laws 1999, c. 279, § 7, eff. May 3, 1999; Laws 2002, c. 135, § 4, eff. May 6, 2002; Laws 2003, c. 278, § 1, eff. May 5, 2003; Laws 2009, c. 356, § 36, eff. May 12, 2009; Laws 2011, c. 79, § 16, eff. May 10, 2011.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-3-201.2

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 3. Punishments (Refs & Annos)

Part 2. Sentencing

§ 76-3-201.2. Repealed by Laws 2002, c. 35, § 15, eff. May 6, 2002

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-3-201.3

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 3. Punishments (Refs & Annos)

Part 2. Sentencing

§ 76-3-201.3. Repealed by Laws 1996, c. 40, § 15, eff. April 29, 1996

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-3-202

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 3. Punishments (Refs & Annos)

Part 2. Sentencing

§ 76-3-202. Paroled persons--Termination or discharge from sentence--Time served on parole--Discretion of Board of Pardons and Parole

(1)(a) Except as provided in Subsection (1)(b), every person committed to the state prison to serve an indeterminate term and later released on parole shall, upon completion of three years on parole outside of confinement and without violation, be terminated from the person's sentence unless the parole is earlier terminated by the Board of Pardons and Parole.

(b) Every person committed to the state prison to serve an indeterminate term and later released on parole on or after July 1, 2008, and who was convicted of any felony offense under Title 76, Chapter 5, Offenses Against the Person, or any attempt, conspiracy, or solicitation to commit any of these felony offenses, shall complete a term of parole that extends through the expiration of the person's maximum sentence, unless the parole is earlier terminated by the Board of Pardons and Parole.

(2) Every person convicted of a second degree felony for violating Section 76-5-404, forcible sexual abuse, or 76-5-404.1, sexual abuse of a child and aggravated sexual abuse of a child, or attempting, conspiring, or soliciting the commission of a violation of any of those sections,and who is paroled before July 1, 2008, shall, upon completion of 10 years parole outside of confinement and without violation, shall be terminated from the sentence unless the person is earlier terminated by the Board of Pardons and Parole.

(3)(a) Every person convicted of a first degree felony for committing any offense listed in Subsection (3)(b), or attempting, conspiring, or soliciting the commission of a violation of any of those sections, shall complete a term of lifetime parole outside of confinement and without violation unless the person is earlier terminated by the Board of Pardons and Parole.

(b) The offenses referred to in Subsection (3)(a) are:

(i) Section 76-5-301.1, child kidnapping;

(ii) Subsection 76-5-302(1)(b)(vi), aggravated kidnapping involving a sexual offense;

(iii) Section 76-5-402, rape;

(iv) Section 76-5-402.1, rape of a child;

(v) Section 76-5-402.2, object rape;

(vi) Section 76-5-402.3, object rape of a child;

(vii) Subsection 76-5-403(2), forcible sodomy;

(viii) Section 76-5-403.1, sodomy on a child;

(ix) Section 76-5-404.1, sexual abuse of a child and aggravated sexual abuse of a child; or

(x) Section 76-5-405, aggravated sexual assault.

(4) Any person who violates the terms of parole, while serving parole,for any offense under Subsection (1), (2), or (3), shall at the discretion of the Board of Pardons and Parole be recommitted to prison to serve the portion of the balance of the term as determined by the Board of Pardons and Parole, but not to exceed the maximum term.

(5) In order for a parolee convicted on or after May 5, 1997, to be eligible for early termination from parole, the parolee must provide to the Board of Pardons and Parole:

(a) evidence that the parolee has completed high school classwork and has obtained a high school graduation diploma, a GED certificate, or a vocational certificate; or

(b) documentation of the inability to obtain one of the items listed in Subsection (5)(a) because of:

(i) a diagnosed learning disability; or

(ii) other justified cause.

(6) Any person paroled following a former parole revocation may not be discharged from the person's sentence until:

(a) the person has served the applicable period of parole under this section outside of confinement and without violation;

(b) the person's maximum sentence has expired; or

(7)(a) All time served on parole, outside of confinement and without violation constitutes service of the total sentence but does not preclude the requirement of serving the applicable period of parole under this section, outside of confinement and without violation.

(b) Any time a person spends outside of confinement after commission of a parole violation does not constitute service of the total sentence unless the person is exonerated at a parole revocation hearing.

(c)(i) Any time a person spends in confinement awaiting a hearing before the Board of Pardons and Parole or a decision by the board concerning revocation of parole constitutes service of the sentence.

(ii) In the case of exoneration by the board, the time spent is included in computing the total parole term.

(8) When any parolee without authority from the Board of Pardons and Parole absents himself from the state or avoids or evades parole supervision, the period of absence, avoidance, or evasion tolls the parole period.

(9)(a) While on parole, time spent in confinement outside the state may not be credited toward the service of any Utah sentence.

(b) Time in confinement outside the state or in the custody of any tribal authority or the United States government for a conviction obtained in another jurisdiction tolls the expiration of the Utah sentence.

(10) This section does not preclude the Board of Pardons and Parole from paroling or discharging an inmate at any time within the discretion of the Board of Pardons and Parole unless otherwise specifically provided by law.

(11) A parolee sentenced to lifetime parole may petition the Board of Pardons and Parole for termination of lifetime parole.

CREDIT(S)

Laws 1973, c. 196, § 76-3-202; Laws 1983, c. 88, § 4; Laws 1989, c. 125, § 1; Laws 1994, c. 13, § 20; Laws 1996, c. 100, § 2, eff. April 29, 1996; Laws 1997, c. 20, § 1, eff. May 5, 1997; Laws 1997, c. 390, § 1, eff. May 5, 1997; Laws 1998, c. 69, § 1, eff. May 4, 1998; Laws 2001, c. 301, § 1, eff. April 30, 2001; Laws 2008, c. 355, § 4, eff. May 5, 2008.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-3-203

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 3. Punishments (Refs & Annos)

Part 2. Sentencing

§ 76-3-203. Felony conviction--Indeterminate term of imprisonment

A person who has been convicted of a felony may be sentenced to imprisonment for an indeterminate term as follows:

(1) In the case of a felony of the first degree, unless the statute provides otherwise, for a term of not less than five years and which may be for life.

(2) In the case of a felony of the second degree, unless the statute provides otherwise, for a term of not less than one year nor more than 15 years.

(3) In the case of a felony of the third degree, unless the statute provides otherwise, for a term not to exceed five years.

CREDIT(S)

Laws 1973, c. 196, § 76-3-203; Laws 1976, c. 9, § 1; Laws 1977, c. 88, § 1; Laws 1983, c. 88, § 5; Laws 1995, c. 244, § 2, eff. May 1, 1995; Laws 1997, c. 289, § 2, eff. May 5, 1997; Laws 2000, c. 214, § 1, eff. March 14, 2000; Laws 2003, c. 148, § 2, eff. May 5, 2003.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-3-203.1

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 3. Punishments (Refs & Annos)

Part 2. Sentencing

§ 76-3-203.1. Offenses committed in concert with two or more persons or in relation to a criminal street gang--Notice--Enhanced penalties

(1) As used in this section:

(a) “Criminal street gang” has the same definition as in Section 76-9-802.

(b) “In concert with two or more persons” means:

(i) the defendant was aided or encouraged by at least two other persons in committing the offense and was aware of this aid or encouragement; and

(ii) each of the other persons:

(A) was physically present; or

(B) participated as a party to any offense listed in Subsection (5).

(i) other persons participating as parties need not have the intent to engage in the same offense or degree of offense as the defendant; and

(ii) a minor is a party if the minor's actions would cause the minor to be a party if the minor were an adult.

(2) A person who commits any offense listed in Subsection (5) is subject to an enhanced penalty for the offense as provided in Subsection (4) if the trier of fact finds beyond a reasonable doubt that the person acted:

(a) in concert with two or more persons;

(b) for the benefit of, at the direction of, or in association with any criminal street gang as defined in Section 76-9-802; or

(c) to gain recognition, acceptance, membership, or increased status with a criminal street gang as defined in Section 76-9-802.

(3) The prosecuting attorney, or grand jury if an indictment is returned, shall cause to be subscribed upon the information or indictment notice that the defendant is subject to the enhanced penalties provided under this section.

(4) The enhanced penalty for a:

(a) class B misdemeanor is a class A misdemeanor;

(b) class A misdemeanor is a third degree felony;

(d) second degree felony is a first degree felony; and

(e) first degree felony is an indeterminate prison term of not less than five years in addition to the statutory minimum prison term for the offense, and which may be for life.

(5) Offenses referred to in Subsection (2) are:

(a) any criminal violation of the following chapters of Title 58:

(i) Chapter 37, Utah Controlled Substances Act;

(ii) Chapter 37a, Utah Drug Paraphernalia Act;

(iii) Chapter 37b, Imitation Controlled Substances Act; or

(iv) Chapter 37c, Utah Controlled Substance Precursor Act;

(b) assault and related offenses under Title 76, Chapter 5, Part 1, Assault and Related Offenses;

(d) kidnapping and related offenses under Title 76, Chapter 5, Part 3, Kidnapping, Trafficking, and Smuggling;

(e) any felony sexual offense under Title 76, Chapter 5, Part 4, Sexual Offenses;

(f) sexual exploitation of a minor as defined in Section 76-5b-201;

(g) any property destruction offense under Title 76, Chapter 6, Part 1, Property Destruction;

(h) burglary, criminal trespass, and related offenses under Title 76, Chapter 6, Part 2, Burglary and Criminal Trespass;

(i) robbery and aggravated robbery under Title 76, Chapter 6, Part 3, Robbery;

(j) theft and related offenses under Title 76, Chapter 6, Part 4, Theft, or Part 6, Retail Theft;

(k) any fraud offense under Title 76, Chapter 6, Part 5, except Sections 76-6-504, 76-6-505, 76-6-507, 76-6-508, 76-6-509, 76-6-510, 76-6-511, 76-6-512, 76-6-513, 76-6-514, 76-6-516, 76-6-517, 76-6-518, and 76-6-520;

(l) any offense of obstructing government operations under Title 76, Chapter 8, Part 3, except Sections 76-8-302, 76-8-303, 76-8-304, 76-8-307, 76-8-308, and 76-8-312;

(m) tampering with a witness or other violation of Section 76-8-508;

(n) extortion or bribery to dismiss criminal proceeding as defined in Section 76-8-509;

(o) any explosives offense under Title 76, Chapter 10, Part 3, Explosives;

(p) any weapons offense under Title 76, Chapter 10, Part 5, Weapons;

(q) pornographic and harmful materials and performances offenses under Title 76, Chapter 10, Part 12, Pornographic and Harmful Materials and Performances;

(r) prostitution and related offenses under Title 76, Chapter 10, Part 13, Prostitution;

(s) any violation of Title 76, Chapter 10, Part 15, Bus Passenger Safety Act;

(t) any violation of Title 76, Chapter 10, Part 16, Pattern of Unlawful Activity Act;

(u) communications fraud as defined in Section 76-10-1801;

(v) any violation of Title 76, Chapter 10, Part 19, Money Laundering and Currency Transaction Reporting Act; and

(w) burglary of a research facility as defined in Section 76-10-2002.

(6) It is not a bar to imposing the enhanced penalties under this section that the persons with whom the actor is alleged to have acted in concert are not identified, apprehended, charged, or convicted, or that any of those persons are charged with or convicted of a different or lesser offense.

CREDIT(S)

Laws 1990, c. 207, § 1; Laws 1994, c. 12, § 108; Laws 1999, c. 11, § 1, eff. May 3, 1999; Laws 2000, c. 214, § 2, eff. March 14, 2000; Laws 2001, c. 209, § 2, eff. April 30, 2001; Laws 2005, c. 93, § 9, eff. May 2, 2005; Laws 2009, c. 157, § 1, eff. May 12, 2009; Laws 2010, c. 193, § 3, eff. Nov. 1, 2010; Laws 2011, c. 320, § 8, eff. May 10, 2011.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-3-203.2

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 3. Punishments (Refs & Annos)

Part 2. Sentencing

§ 76-3-203.2. Definitions--Use of dangerous weapon in offenses committed on or about school premises--Enhanced penalties

(1)(a) As used in this section “on or about school premises” means:

(i)(A) in a public or private elementary or secondary school; or

(B) on the grounds of any of those schools;

(ii)(A) in a public or private institution of higher education; or

(B) on the grounds of a public or private institution of higher education;

(iii) within 1,000 feet of any school, institution, or grounds included in Subsections (1)(a)(i) and (ii); and

(iv) in or on the grounds of a preschool or child care facility.

(b) As used in this section:

(i) “Dangerous weapon” has the same definition as in Section 76-1-601.

(ii) “Educator” means a person who is:

(A) employed by a public school district; and

(B) required to hold a certificate issued by the State Board of Education in order to perform duties of employment.

(iii) “Within the course of employment” means that an educator is providing services or engaging in conduct required by the educator's employer to perform the duties of employment.

(2) A person who, on or about school premises, commits an offense and uses or threatens to use a dangerous weapon, as defined in Section 76-1-601, in the commission of the offense is subject to an enhanced degree of offense as provided in Subsection (4).

(3)(a) A person who commits an offense against an educator when the educator is acting within the course of employment is subject to an enhanced degree of offense as provided in Subsection (4).

(b) As used in Subsection (3)(a), “offense” means:

(i) an offense under Title 76, Chapter 5, Offenses Against the Person; and

(ii) an offense under Title 76, Chapter 6, Part 3, Robbery.

(4) If the trier of fact finds beyond a reasonable doubt that the defendant, while on or about school premises, commits an offense and in the commission of the offense uses or threatens to use a dangerous weapon, or that the defendant committed an offense against an educator when the educator was acting within the course of the educator's employment, the enhanced penalty for a:

(a) class B misdemeanor is a class A misdemeanor;

(b) class A misdemeanor is a third degree felony;

(d) second degree felony is a first degree felony.

(5) The enhanced penalty for a first degree felony offense of a convicted person:

(a) is imprisonment for a term of not less than five years and which may be for life, and imposition or execution of the sentence may not be suspended unless the court finds that the interests of justice would be best served and states the specific circumstances justifying the disposition on the record; and

(b) is subject also to the dangerous weapon enhancement provided in Section 76-3-203.8, except for an offense committed under Subsection (3) that does not involve a firearm.

(6) The prosecuting attorney, or grand jury if an indictment is returned, shall provide notice upon the information or indictment that the defendant is subject to the enhanced degree of offense or penalty under Subsection (4) or (5).

(7) In cases where an offense is enhanced under Subsection (4), or under Subsection (5)(a) for an offense committed under Subsection (2) that does not involve a firearm, the convicted person is not subject to the dangerous weapon enhancement in Section 76-3-203.8.

(8) The sentencing enhancement described in this section does not apply if:

(a) the offense for which the person is being sentenced is:

(i) a grievous sexual offense;

(ii) child kidnapping under Section 76-5-301.1;

(iii) aggravated kidnapping under Section 76-5-302; or

(iv) forcible sexual abuse under Section 76-5-404; and

(b) applying the sentencing enhancement provided for in this section would result in a lower maximum penalty than the penalty provided for under the section that describes the offense for which the person is being sentenced.

CREDIT(S)

Laws 1992, c. 101, § 1; Laws 1994, c. 134, § 1; Laws 1997, c. 289, § 3, eff. May 5, 1997; Laws 2000, c. 214, § 3, eff. March 14, 2000; Laws 2003, c. 148, § 3, eff. May 5, 2003; Laws 2007, c. 339, § 4, eff. April 30, 2007; Laws 2011, c. 91, § 1, eff. May 10, 2011.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-3-203.3

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 3. Punishments (Refs & Annos)

Part 2. Sentencing

§ 76-3-203.3. Penalty for hate crimes--Civil rights violation

As used in this section:

(1) “Primary offense” means those offenses provided in Subsection (4).

(2)(a) A person who commits any primary offense with the intent to intimidate or terrorize another person or with reason to believe that his action would intimidate or terrorize that person is subject to Subsection (2)(b).

(b)(i) A class C misdemeanor primary offense is a class B misdemeanor; and

(ii) a class B misdemeanor primary offense is a class A misdemeanor.

(3) “Intimidate or terrorize” means an act which causes the person to fear for his physical safety or damages the property of that person or another. The act must be accompanied with the intent to cause or has the effect of causing a person to reasonably fear to freely exercise or enjoy any right secured by the Constitution or laws of the state or by the Constitution or laws of the United States.

(4) Primary offenses referred to in Subsection (1) are the misdemeanor offenses for:

(a) assault and related offenses under Sections 76-5-102, 76-5-102.4, 76-5-106, 76-5-107, and 76-5-108;

(b) any misdemeanor property destruction offense under Sections 76-6-102 and 76-6-104, and Subsection 76-6-106(2)(b);

(d) any misdemeanor theft offense under Section 76-6-412;

(e) any offense of obstructing government operations under Sections 76-8-301, 76-8-302, 76-8-304, 76-8-305, 76-8-306, 76-8-307, 76-8-308, and 76-8-313;

(f) any offense of interfering or intending to interfere with activities of colleges and universities under Title 76, Chapter 8, Part 7, Colleges and Universities;

(g) any misdemeanor offense against public order and decency as defined in Title 76, Chapter 9, Part 1, Breaches of the Peace and Related Offenses;

(h) any telephone abuse offense under Title 76, Chapter 9, Part 2, Telephone Abuse;

(i) any cruelty to animals offense under Section 76-9-301; and

(j) any weapons offense under Section 76-10-506.

(5) This section does not affect or limit any individual's constitutional right to the lawful expression of free speech or other recognized rights secured by the Constitution or laws of the state or by the Constitution or laws of the United States.

CREDIT(S)

Laws 1992, c. 102, § 1; Laws 2001, c. 307, § 1, eff. April 30, 2001; Laws 2002, c. 166, § 2, eff. May 6, 2002; Laws 2004, c. 274, § 3, eff. March 23, 2004; Laws 2006, c. 184, § 2, eff. May 1, 2006; Laws 2007, c. 229, § 5, eff. April 30, 2007.

Codifications C. 1953, § 76-3-203.2.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-3-203.4

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 3. Punishments (Refs & Annos)

Part 2. Sentencing

§ 76-3-203.4. Hate crimes--Aggravating factors

(1) The sentencing judge or the Board of Pardons and Parole shall consider in their deliberations as an aggravating factor the public harm resulting from the commission of the offense, including the degree to which the offense is likely to incite community unrest or cause members of the community to reasonably fear for their physical safety or to freely exercise or enjoy any right secured by the Constitution or laws of the state or by the Constitution or laws of the United States.

(2) The sentencing judge or the Board of Pardons and Parole shall also consider whether the penalty for the offense is already increased by other existing provisions of law.

(3) This section does not affect or limit any individual's constitutional right to the lawful expression of free speech or other recognized rights secured by the Constitution or laws of the state or by the Constitution or laws of the United States.

CREDIT(S)

Laws 2006, c. 184, § 2, eff. May 1, 2006.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-3-203.5

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 3. Punishments (Refs & Annos)

Part 2. Sentencing

§ 76-3-203.5. Habitual violent offender--Definition--Procedure--Penalty

(1) As used in this section:

(a) “Felony” means any violation of a criminal statute of the state, any other state, the United States, or any district, possession, or territory of the United States for which the maximum punishment the offender may be subjected to exceeds one year in prison.

(b) “Habitual violent offender” means a person convicted within the state of any violent felony and who on at least two previous occasions has been convicted of a violent felony and committed to either prison in Utah or an equivalent correctional institution of another state or of the United States either at initial sentencing or after revocation of probation.

(i) any of the following offenses, or any attempt, solicitation, or conspiracy to commit any of the following offenses punishable as a felony:

(A) aggravated arson, arson, knowingly causing a catastrophe, and criminal mischief, Title 76, Chapter 6, Part 1, Property Destruction;

(B) assault by prisoner, Section 76-5-102.5;

(D) aggravated assault, Section 76-5-103;

(E) aggravated assault by prisoner, Section 76-5-103.5;

(F) mayhem, Section 76-5-105;

(G) stalking, Subsection 76-5-106.5(2) or (3);

(H) threat of terrorism, Section 76-5-107.3;

(I) child abuse, Subsection 76-5-109(2)(a) or (b);

(J) commission of domestic violence in the presence of a child, Section 76-5-109.1;

(K) abuse or neglect of a child with a disability, Section 76-5-110;

(L) abuse, neglect, or exploitation of a vulnerable adult, Section 76-5-111;

(M) endangerment of a child or vulnerable adult, Section 76-5-112.5;

(N) criminal homicide offenses under Title 76, Chapter 5, Part 2, Criminal Homicide;

(O) kidnapping, child kidnapping, and aggravated kidnapping under Title 76, Chapter 5, Part 3, Kidnapping, Trafficking, and Smuggling;

(P) rape, Section 76-5-402;

(Q) rape of a child, Section 76-5-402.1;

(R) object rape, Section 76-5-402.2;

(S) object rape of a child, Section 76-5-402.3;

(T) forcible sodomy, Section 76-5-403;

(U) sodomy on a child, Section 76-5-403.1;

(V) forcible sexual abuse, Section 76-5-404;

(W) aggravated sexual abuse of a child or sexual abuse of a child, Section 76-5-404.1;

(X) aggravated sexual assault, Section 76-5-405;

(Y) sexual exploitation of a minor, Section 76-5b-201;

(Z) sexual exploitation of a vulnerable adult, Section 76-5b-202;

(AA) aggravated burglary and burglary of a dwelling under Title 76, Chapter 6, Part 2, Burglary and Criminal Trespass;

(BB) aggravated robbery and robbery under Title 76, Chapter 6, Part 3, Robbery;

(CC) theft by extortion under Subsection 76-6-406(2)(a) or (b);

(DD) tampering with a witness under Subsection 76-8-508(1);

(EE) retaliation against a witness, victim, or informant under Section 76-8-508.3;

(FF) tampering with a juror under Subsection 76-8-508.5(2)(c);

(GG) extortion to dismiss a criminal proceeding under Section 76-8-509 if by any threat or by use of force theft by extortion has been committed pursuant to Subsections 76-6-406(2)(a), (b), and (i);

(HH) possession, use, or removal of explosive, chemical, or incendiary devices under Subsections 76-10-306(3) through (6);

(II) unlawful delivery of explosive, chemical, or incendiary devices under Section 76-10-307;

(JJ) purchase or possession of a dangerous weapon or handgun by a restricted person under Section 76-10-503;

(KK) unlawful discharge of a firearm under Section 76-10-508;

(LL) aggravated exploitation of prostitution under Subsection 76-10-1306(1)(a);

(MM) bus hijacking under Section 76-10-1504; and

(NN) discharging firearms and hurling missiles under Section 76-10-1505; or

(ii) any felony violation of a criminal statute of any other state, the United States, or any district, possession, or territory of the United States which would constitute a violent felony as defined in this Subsection (1) if committed in this state.

(2) If a person is convicted in this state of a violent felony by plea or by verdict and the trier of fact determines beyond a reasonable doubt that the person is a habitual violent offender under this section, the penalty for a:

(a) third degree felony is as if the conviction were for a first degree felony;

(b) second degree felony is as if the conviction were for a first degree felony; or

(i) the convicted person is not eligible for probation; and

(ii) the Board of Pardons and Parole shall consider that the convicted person is a habitual violent offender as an aggravating factor in determining the length of incarceration.

(3)(a) The prosecuting attorney, or grand jury if an indictment is returned, shall provide notice in the information or indictment that the defendant is subject to punishment as a habitual violent offender under this section. Notice shall include the case number, court, and date of conviction or commitment of any case relied upon by the prosecution.

(b)(i) The defendant shall serve notice in writing upon the prosecutor if the defendant intends to deny that:

(A) the defendant is the person who was convicted or committed;

(B) the defendant was represented by counsel or had waived counsel; or

(ii) The notice of denial shall be served not later than five days prior to trial and shall state in detail the defendant's contention regarding the previous conviction and commitment.

(4)(a) If the defendant enters a denial under Subsection (3)(b) and if the case is tried to a jury, the jury may not be told until after it returns its verdict on the underlying felony charge, of the:

(i) defendant's previous convictions for violent felonies, except as otherwise provided in the Utah Rules of Evidence; or

(ii) allegation against the defendant of being a habitual violent offender.

(b) If the jury's verdict is guilty, the defendant shall be tried regarding the allegation of being an habitual violent offender by the same jury, if practicable, unless the defendant waives the jury, in which case the allegation shall be tried immediately to the court.

(c)(i) Before or at the time of sentencing the trier of fact shall determine if this section applies.

(ii) The trier of fact shall consider any evidence presented at trial and the prosecution and the defendant shall be afforded an opportunity to present any necessary additional evidence.

(iii) Before sentencing under this section, the trier of fact shall determine whether this section is applicable beyond a reasonable doubt.

(d) If any previous conviction and commitment is based upon a plea of guilty or no contest, there is a rebuttable presumption that the conviction and commitment were regular and lawful in all respects if the conviction and commitment occurred after January 1, 1970. If the conviction and commitment occurred prior to January 1, 1970, the burden is on the prosecution to establish by a preponderance of the evidence that the defendant was then represented by counsel or had lawfully waived the right to have counsel present, and that the defendant's plea was understandingly and voluntarily entered.

(e) If the trier of fact finds this section applicable, the court shall enter that specific finding on the record and shall indicate in the order of judgment and commitment that the defendant has been found by the trier of fact to be a habitual violent offender and is sentenced under this section.

(5)(a) The sentencing enhancement provisions of Section 76-3-407 supersede the provisions of this section.

(b) Notwithstanding Subsection (5)(a), the “violent felony” offense defined in Subsection (1)(c) shall include any felony sexual offense violation of Title 76, Chapter 5, Part 4, Sexual Offenses, to determine if the convicted person is a habitual violent offender.

(6) The sentencing enhancement described in this section does not apply if:

(a) the offense for which the person is being sentenced is:

(i) a grievous sexual offense;

(ii) child kidnapping, Section 76-5-301.1;

(iii) aggravated kidnapping, Section 76-5-302; or

(iv) forcible sexual abuse, Section 76-5-404; and

CREDIT(S)

Laws 1995, c. 284, § 2, eff. May 1, 1995; Laws 1998, c. 259, § 1, eff. May 4, 1998; Laws 1999, c. 97, § 1, eff. May 3, 1999; Laws 2000, c. 214, § 4, eff. March 14, 2000; Laws 2004, c. 140, § 1, eff. May 3, 2004; Laws 2005, c. 59, § 2, eff. March 11, 2005; Laws 2007, c. 229, § 6, eff. April 30, 2007; Laws 2007, c. 339, § 5, eff. April 30, 2007; Laws 2008, c. 356, § 1, eff. May 5, 2008; Laws 2009, c. 153, § 1, eff. May 12, 2009; Laws 2010, c. 334, § 6, eff. May 11, 2010; Laws 2011, c. 320, § 9, eff. May 10, 2011; Laws 2011, c. 366, § 159, eff. May 10, 2011.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-3-203.6

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 3. Punishments (Refs & Annos)

Part 2. Sentencing

§ 76-3-203.6. Enhanced penalty for certain offenses committed by prisoner

(1) As used in this section, “serving a sentence” means a prisoner is sentenced and committed to the custody of the Department of Corrections, the sentence has not been terminated or voided, and the prisoner:

(a) has not been paroled; or

(b) is in custody after arrest for a parole violation.

(2) If the trier of fact finds beyond a reasonable doubt that a prisoner serving a sentence for a capital felony or a first degree felony commits any offense listed in Subsection (3), the court shall sentence the defendant to life in prison without parole. However, the court may sentence the defendant to an indeterminate prison term of not less than 20 years and which may be for life if the court finds that the interests of justice would best be served and states the specific circumstances justifying the disposition on the record.

(3) Offenses referred to in Subsection (2) are:

(a) aggravated assault, Subsection 76-5-103(2);

(b) mayhem, Section 76-5-105;

(d) kidnapping, Section 76-5-301;

(e) child kidnapping, Section 76-5-301.1;

(f) aggravated kidnapping, Section 76-5-302;

(g) rape, Section 76-5-402;

(h) rape of a child, Section 76-5-402.1;

(i) object rape, Section 76-5-402.2;

(j) object rape of a child, Section 76-5-402.3;

(k) forcible sodomy, Section 76-5-403;

(l) sodomy on a child, Section 76-5-403.1;

(m) aggravated sexual abuse of a child, Section 76-5-404.1;

(n) aggravated sexual assault, Section 76-5-405;

(o) aggravated arson, Section 76-6-103;

(p) aggravated burglary, Section 76-6-203; and

(q) aggravated robbery, Section 76-6-302.

(4) The sentencing enhancement described in this section does not apply if:

(a) the offense for which the person is being sentenced is:

(i) a grievous sexual offense;

(ii) child kidnapping, Section 76-5-301.1; or

(iii) aggravated kidnapping, Section 76-5-302; and

CREDIT(S)

Laws 2001, c. 209, § 3, eff. April 30, 2001; Laws 2007, c. 339, § 6, eff. April 30, 2007.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-3-203.7

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 3. Punishments (Refs & Annos)

Part 2. Sentencing

§ 76-3-203.7. Increase of sentence for violent felony if body armor used

(1) As used in this section:

(a) “Body armor” means any material designed or intended to provide bullet penetration resistance or protection from bodily injury caused by a dangerous weapon.

(b) “Dangerous weapon” has the same definition as in Section 76-1-601.

(2) A person convicted of a violent felony may be sentenced to imprisonment for an indeterminate term, as provided in Section 76-3-203, but if the trier of fact finds beyond a reasonable doubt that the defendant used, carried, or possessed a dangerous weapon and also used or wore body armor, with the intent to facilitate the commission of the violent felony, and the violent felony is:

(a) a first degree felony, the court shall sentence the person convicted for a term of not less than six years, and which may be for life;

(b) a second degree felony, the court shall sentence the person convicted for a term of not less than two years nor more than 15 years, and the court may sentence the person convicted for a term of not less than two years nor more than 20 years; and

(c) a third degree felony, the court shall sentence the person convicted for a term of not less than one year nor more than five years, and the court may sentence the person convicted for a term of not less than one year nor more than 10 years.

(3) The sentencing enhancement described in this section does not apply if:

(a) the offense for which the person is being sentenced is:

(i) a grievous sexual offense;

(ii) child kidnapping, Section 76-5-301.1;

(iii) aggravated kidnapping, Section 76-5-302; or

(iv) forcible sexual abuse, Section 76-5-404; and

CREDIT(S)

Laws 2001, c. 299, § 1, eff. April 30, 2001; Laws 2007, c. 339, § 7, eff. April 30, 2007.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-3-203.8

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 3. Punishments (Refs & Annos)

Part 2. Sentencing

§ 76-3-203.8. Increase of sentence if dangerous weapon used

(1) As used in this section, “dangerous weapon” has the same definition as in Section 76-1-601.

(2) If the trier of fact finds beyond a reasonable doubt that a dangerous weapon was used in the commission or furtherance of a felony, the court:

(a)(i) shall increase by one year the minimum term of the sentence applicable by law; and

(ii) if the minimum term applicable by law is zero, shall set the minimum term as one year; and

(b) may increase by five years the maximum sentence applicable by law in the case of a felony of the second or third degree.

(3) A defendant who is a party to a felony offense shall be sentenced to the increases in punishment provided in Subsection (2) if the trier of fact finds beyond a reasonable doubt that:

(a) a dangerous weapon was used in the commission or furtherance of the felony; and

(b) the defendant knew that the dangerous weapon was present.

(4) If the trier of fact finds beyond a reasonable doubt that a person has been sentenced to a term of imprisonment for a felony in which a dangerous weapon was used in the commission of or furtherance of the felony and that person is subsequently convicted of another felony in which a dangerous weapon was used in the commission of or furtherance of the felony, the court shall, in addition to any other sentence imposed including those in Subsection (2), impose an indeterminate prison term to be not less than five nor more than 10 years to run consecutively and not concurrently.

CREDIT(S)

Laws 2003, c. 148, § 4, eff. May 5, 2003; Laws 2004, c. 276, § 2, eff. May 3, 2004.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-3-203.9

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 3. Punishments (Refs & Annos)

Part 2. Sentencing

§ 76-3-203.9. Violent offense committed in presence of a child--Aggravating factor

(1) As used in this section:

(a) “In the presence of a child” means:

(i) in the physical presence of a child younger than 14 years of age; or

(ii) having knowledge that a child younger than 14 years of age is present and may see or hear a violent criminal offense.

(b) “Violent criminal offense” means any criminal offense involving violence or physical harm or threat of violence or physical harm, or any attempt to commit a criminal offense involving violence or physical harm.

(2) The sentencing judge or the Board of Pardons and Parole shall consider as an aggravating factor in their deliberations that the defendant committed the violent criminal offense in the presence of a child.

(3) The sentencing judge or the Board of Pardons and Parole shall also consider whether the penalty for the offense is already increased by other existing provisions of law.

(4) This section does not affect or limit any individual's constitutional right to the lawful expression of free speech or other recognized rights secured by the Constitution or laws of Utah or by the Constitution or laws of the United States.

(5) This section does not affect or restrict the exercise of judicial discretion under any other provision of Utah law.

CREDIT(S)

Laws 2007, c. 347, § 1, eff. April 30, 2007.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-3-203.10

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 3. Punishments (Refs & Annos)

Part 2. Sentencing

§ 76-3-203.10. Violent offense committed in presence of a child--Penalties

(1) As used in this section:

(a) “In the presence of a child” means:

(i) in the physical presence of a child younger than 14 years of age; and

(ii) having knowledge that the child is present and may see or hear the commission of a violent criminal offense.

(2) A person commits a violent criminal offense in the presence of a child if the person:

(a) commits or attempts to commit criminal homicide, as defined in Section 76-5-201, against a third party in the presence of a child;

(b) intentionally causes or attempts to cause serious bodily injury to a third party or uses a dangerous weapon, as defined in Section 76-1-601, or other means or force likely to produce death or serious bodily injury, against a third party in the presence of a child; or

(c) under circumstances not amounting to a violation of Subsection (2)(a) or (b), commits a violent criminal offense in the presence of a child.

(3) A person who violates Subsection (2) is guilty of a class B misdemeanor.

CREDIT(S)

Laws 2010, c. 359, § 1, eff. May 11, 2010.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-3-204

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 3. Punishments (Refs & Annos)

Part 2. Sentencing

§ 76-3-204. Misdemeanor conviction--Term of imprisonment

A person who has been convicted of a misdemeanor may be sentenced to imprisonment as follows:

(1) In the case of a class A misdemeanor, for a term not exceeding one year;

(2) In the case of a class B misdemeanor, for a term not exceeding six months;

(3) In the case of a class C misdemeanor, for a term not exceeding 90 days.

CREDIT(S)

Laws 1973, c. 196, § 76-3-204.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-3-205

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 3. Punishments (Refs & Annos)

Part 2. Sentencing

§ 76-3-205. Infraction conviction--Fine, forfeiture, and disqualification

(1) A person convicted of an infraction may not be imprisoned but may be subject to a fine, forfeiture, and disqualification, or any combination.

(2) Whenever a person is convicted of an infraction and no punishment is specified, the person may be fined as for a class C misdemeanor.

CREDIT(S)

Laws 1973, c. 195, § 76-3-205.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-3-206

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 3. Punishments (Refs & Annos)

Part 2. Sentencing

§ 76-3-206. Capital felony--Penalties

(1) A person who has pled guilty to or been convicted of a capital felony shall be sentenced in accordance with Section 76-3-207. That sentence shall be death, an indeterminate prison term of not less than 25 years and which may be for life, or, on or after April 27, 1992, life in prison without parole.

(2)(a) The judgment of conviction and sentence of death is subject to automatic review by the Utah State Supreme Court within 60 days after certification by the sentencing court of the entire record unless time is extended an additional period not to exceed 30 days by the Utah State Supreme Court for good cause shown.

(b) The review by the Utah State Supreme Court has priority over all other cases and shall be heard in accordance with rules promulgated by the Utah State Supreme Court.

CREDIT(S)

Laws 1973, ch. 196, § 76-3-206; Laws 1977, c. 84, § 1; Laws 1992, c. 142, § 2; Laws 2001, c. 209, § 4, eff. April 30, 2001; Laws 2009, c. 76, § 1, eff. May 12, 2009.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-3-207

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 3. Punishments (Refs & Annos)

Part 2. Sentencing

§ 76-3-207. Capital felony--Sentencing proceeding

(1)(a) When a defendant has pled guilty to or been found guilty of a capital felony, there shall be further proceedings before the court or jury on the issue of sentence.

(b) In the case of a plea of guilty to a capital felony, the sentencing proceedings shall be conducted before a jury or, upon request of the defendant and with the approval of the court and the consent of the prosecution, by the court which accepted the plea.

(c)(i) When a defendant has been found guilty of a capital felony, the proceedings shall be conducted before the court or jury which found the defendant guilty, provided the defendant may waive hearing before the jury with the approval of the court and the consent of the prosecution, in which event the hearing shall be before the court.

(ii) If circumstances make it impossible or impractical to reconvene the same jury for the sentencing proceedings, the court may dismiss that jury and convene a new jury for the proceedings.

(d) If a retrial of the sentencing proceedings is necessary as a consequence of a remand from an appellate court, the sentencing authority shall be determined as provided in Subsection (6).

(2)(a) In capital sentencing proceedings, evidence may be presented on:

(i) the nature and circumstances of the crime;

(ii) the defendant's character, background, history, and mental and physical condition;

(iii) the victim and the impact of the crime on the victim's family and community without comparison to other persons or victims; and

(iv) any other facts in aggravation or mitigation of the penalty that the court considers relevant to the sentence.

(b) Any evidence the court considers to have probative force may be received regardless of its admissibility under the exclusionary rules of evidence. The state's attorney and the defendant shall be permitted to present argument for or against the sentence of death.

(3) Aggravating circumstances include those outlined in Section 76-5-202.

(4) Mitigating circumstances include:

(a) the defendant has no significant history of prior criminal activity;

(b) the homicide was committed while the defendant was under the influence of mental or emotional disturbance;

(d) at the time of the homicide, the capacity of the defendant to appreciate the wrongfulness of his conduct or to conform his conduct to the requirement of law was impaired as a result of a mental condition, intoxication, or influence of drugs, except that “mental condition” under this Subsection (4)(d) does not mean an abnormality manifested primarily by repeated criminal conduct;

(e) the youth of the defendant at the time of the crime;

(f) the defendant was an accomplice in the homicide committed by another person and the defendant's participation was relatively minor; and

(g) any other fact in mitigation of the penalty.

(5)(a) The court or jury, as the case may be, shall retire to consider the penalty. Except as provided in Subsection 76-3-207.5(2), in all proceedings before a jury, under this section, it shall be instructed as to the punishment to be imposed upon a unanimous decision for death and that the penalty of either an indeterminate prison term of not less than 25 years and which may be for life or life in prison without parole, shall be imposed if a unanimous decision for death is not found.

(b) The death penalty shall only be imposed if, after considering the totality of the aggravating and mitigating circumstances, the jury is persuaded beyond a reasonable doubt that total aggravation outweighs total mitigation, and is further persuaded, beyond a reasonable doubt, that the imposition of the death penalty is justified and appropriate in the circumstances. If the jury reports unanimous agreement to impose the sentence of death, the court shall discharge the jury and shall impose the sentence of death.

(c) If the jury is unable to reach a unanimous decision imposing the sentence of death, the jury shall then determine whether the penalty of life in prison without parole shall be imposed, except as provided in Subsection 76-3-207.5(2). The penalty of life in prison without parole shall only be imposed if the jury determines that the sentence of life in prison without parole is appropriate. If the jury reports agreement by 10 jurors or more to impose the sentence of life in prison without parole, the court shall discharge the jury and shall impose the sentence of life in prison without parole. If 10 jurors or more do not agree upon a sentence of life in prison without parole, the court shall discharge the jury and impose an indeterminate prison term of not less than 25 years and which may be for life.

(d) If the defendant waives hearing before the jury as to sentencing, with the approval of the court and the consent of the prosecution, the court shall determine the appropriate penalty according to the standards of Subsections (5)(b) and (c).

(e) If the defendant is sentenced to more than one term of life in prison with or without the possibility of parole, or in addition to a sentence of life in prison with or without the possibility of parole the defendant is sentenced for other offenses which result in terms of imprisonment, the judge shall determine whether the terms of imprisonment shall be imposed as concurrent or consecutive sentences in accordance with Section 76-3-401.

(6) Upon any appeal by the defendant where the sentence is of death, the appellate court, if it finds prejudicial error in the sentencing proceeding only, may set aside the sentence of death and remand the case to the trial court for new sentencing proceedings to the extent necessary to correct the error or errors. An error in the sentencing proceedings may not result in the reversal of the conviction of a capital felony. In cases of remand for new sentencing proceedings, all exhibits and a transcript of all testimony and other evidence properly admitted in the prior trial and sentencing proceedings are admissible in the new sentencing proceedings, and if the sentencing proceeding was before a:

(a) jury, a new jury shall be impaneled for the new sentencing proceeding unless the defendant waives the hearing before the jury with the approval of the court and the consent of the prosecution, in which case the proceeding shall be held according to Subsection (6)(b) or (c), as applicable;

(b) judge, the original trial judge shall conduct the new sentencing proceeding; or

(c) judge, and the original trial judge is unable or unavailable to conduct a new sentencing proceeding, then another judge shall be designated to conduct the new sentencing proceeding, and the new proceeding will be before a jury unless the defendant waives the hearing before the jury with the approval of the court and the consent of the prosecution.

(7) If the penalty of death is held to be unconstitutional by the Utah Supreme Court or the United States Supreme Court, the court having jurisdiction over a person previously sentenced to death for a capital felony shall cause the person to be brought before the court, and the court shall sentence the person to life in prison without parole.

(8)(a) If the appellate court's final decision regarding any appeal of a sentence of death precludes the imposition of the death penalty due to mental retardation or subaverage general intellectual functioning under Section 77-15a-101, the court having jurisdiction over a defendant previously sentenced to death for a capital felony shall cause the defendant to be brought before the sentencing court, and the court shall sentence the defendant to life in prison without parole.

(b) If the appellate court precludes the imposition of the death penalty under Subsection (8)(a), but the appellate court finds that sentencing the defendant to life in prison without parole is likely to result in a manifest injustice, it may remand the case to the sentencing court for further sentencing proceedings to determine if the defendant should serve a sentence of life in prison without parole or an indeterminate prison term of not less than 25 years and which may be for life.

CREDIT(S)

Laws 1973, c. 196, § 76-3-207; Laws 1982, c. 19, § 1; Laws 1991, c. 10, § 6; Laws 1992, c. 142, § 3; Laws 1995, c. 352, § 5, eff. May 1, 1995; Laws 1997, c. 286, § 1, eff. May 5, 1997; Laws 1998, c. 137, § 1, eff. May 4, 1998; Laws 2001, c. 209, § 5, eff. April 30, 2001; Laws 2002, c. 24, § 1, eff. May 6, 2002; Laws 2002, c. 26, § 1, eff. May 6, 2002; Laws 2003, c. 11, § 3, eff. March 15, 2003; Laws 2007, c. 275, § 1, eff. April 30, 2007; Laws 2010, c. 373, § 1, eff. May 11, 2010.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-3-207.5

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 3. Punishments (Refs & Annos)

Part 2. Sentencing

§ 76-3-207.5. Applicability--Effect on sentencing--Options of offenders

(1)(a) The sentencing option of life without parole provided in Sections 76-3-201 and 76-3-207 applies only to those capital felonies for which the offender is sentenced on or after April 27, 1992.

(b) The sentencing option of life without parole provided in Sections 76-3-201 and 76-3-207 has no effect on sentences imposed in capital cases prior to April 27, 1992.

(2) An offender, who commits a capital felony prior to April 27, 1992, but is sentenced on or after April 27, 1992, shall be given the option, prior to a sentencing hearing pursuant to Section 76-3-207, to proceed either under the law which was in effect at the time the offense was committed or under the additional sentencing option of life in prison without parole provided in Sections 76-3-201 and 76-3-207.

CREDIT(S)

Laws 1992, c. 142, § 4; Laws 2001, c. 209, § 6, eff. April 30, 2001.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-3-207.7

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 3. Punishments (Refs & Annos)

Part 2. Sentencing

§ 76-3-207.7. First degree felony aggravated murder--Noncapital felony--Penalties--Sentenced by court

(1) A person who has pled guilty to or been convicted of first degree felony aggravated murder under Section 76-5-202 shall be sentenced by the court.

(2) The sentence under this section shall be life in prison without parole or an indeterminate prison term of not less than 25 years and which may be for life.

CREDIT(S)

Laws 2007, c. 275, § 2, eff. April 30, 2007; Laws 2009, c. 76, § 2, eff. May 12, 2009.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-3-208

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 3. Punishments (Refs & Annos)

Part 2. Sentencing

§ 76-3-208. Imprisonment--Custodial authorities

(1) Persons sentenced to imprisonment shall be committed to the following custodial authorities:

(a) felony commitments shall be to the Utah State Prison;

(b)(i) class A misdemeanor commitments shall be to the jail, or other facility designated by the town, city, or county where the defendant was convicted, unless the defendant is also serving a felony commitment at the Utah State Prison at the commencement of the class A misdemeanor conviction, in which case, the class A misdemeanor commitment shall be to the Utah State Prison for an indeterminate term not to exceed one year; and

(ii) the court may not order the imprisonment of a defendant to the Utah State Prison for a fixed term or other term that is inconsistent with this section and Section 77-18-4; and

(c) all other misdemeanor commitments shall be to the jail or other facility designated by the town, city or county where the defendant was convicted.

(2) Custodial authorities may place a prisoner in a facility other than the one to which the prisoner was committed when:

(a) it does not have space to accommodate the prisoner; or

(b) the security of the institution or inmate requires it.

CREDIT(S)

Laws 1974, c. 32, § 31; Laws 1995, c. 249, § 1, eff. May 1, 1995; Laws 2011, c. 56, § 1, eff. May 10, 2011.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-3-301

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 3. Punishments (Refs & Annos)

Part 3. Fines and Special Sanctions

§ 76-3-301. Fines of persons

(1) A person convicted of an offense may be sentenced to pay a fine, not exceeding:

(a) $10,000 for a felony conviction of the first degree or second degree;

(b) $5,000 for a felony conviction of the third degree;

(d) $1,000 for a class B misdemeanor conviction;

(e) $750 for a class C misdemeanor conviction or infraction conviction; and

(f) any greater amounts specifically authorized by statute.

(2) This section does not apply to a corporation, association, partnership, government, or governmental instrumentality.

CREDIT(S)

Laws 1973, c. 196, § 76-3-301; Laws 1986, c. 178, § 63; Laws 1988, c. 152, § 14; Laws 1991, c. 241, § 90; Laws 1995, c. 291, § 2, eff. May 1, 1995.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-3-301.5

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 3. Punishments (Refs & Annos)

Part 3. Fines and Special Sanctions

§ 76-3-301.5. Uniform fine schedule--Judicial Council

(1) The Judicial Council shall establish a uniform recommended fine schedule for each offense under Subsection 76-3-301 (1).

(a) The fine for each offense shall proportionally reflect the seriousness of the offense and other factors as determined in writing by the Judicial Council.

(b) The schedule shall be reviewed annually by the Judicial Council.

(2) The schedule shall incorporate:

(a) criteria for determining aggravating and mitigating circumstances; and

(b) guidelines for enhancement or reduction of the fine, based on aggravating or mitigating circumstances.

(3) Presentence investigation reports shall include documentation of aggravating and mitigating circumstances as determined under the criteria, and a recommended fine under the schedule.

(4) The Judicial Council shall also establish a separate uniform recommended fine schedule for the juvenile court and by rule provide for its implementation.

(5) This section does not prohibit the court from in its discretion imposing no fine, or a fine in any amount up to and including the maximum fine, for the offense.

CREDIT(S)

Laws 1988, c. 152, § 15.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-3-302

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 3. Punishments (Refs & Annos)

Part 3. Fines and Special Sanctions

§ 76-3-302. Fines of corporations, associations, partnerships, or government instrumentalities

A corporation, association, partnership, or governmental instrumentality shall pay a fine for an offense defined in this code for which no special corporate fine is specified. The fine shall not exceed:

(1) $20,000 for a felony conviction;

(2) $10,000 for a class A misdemeanor conviction;

(3) $5,000 for a class B misdemeanor conviction; and

(4) $1,000 for a class C misdemeanor conviction or for an infraction conviction.

CREDIT(S)

Laws 1973, c. 196, § 76-3-302; Laws 1986, c. 178, § 64; Laws 1995, c. 291, § 3, eff. May 1, 1995.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-3-303

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 3. Punishments (Refs & Annos)

Part 3. Fines and Special Sanctions

§ 76-3-303. Additional sanctions against corporation or association--Advertising of conviction--Disqualification of officer

(1) When a corporation or association is convicted of an offense, the court may, in addition to or in lieu of imposing other authorized sanctions, require the corporation or association to give appropriate publicity of the conviction by notice to the class or classes of persons or section of the public interested in or affected by the conviction, by advertising in designated areas, or by designated media or otherwise.

(2) When an executive or high managerial officer of a corporation or association is convicted of an offense committed in furtherance of the affairs of the corporation or association, the court may include in the sentence an order disqualifying him from exercising similar functions in the same or other corporations or associations for a period of not exceeding five years if it finds the scope or willfulness of his illegal actions make it dangerous or inadvisable for such functions to be entrusted to him.

CREDIT(S)

Laws 1973, c. 196, § 76-3-303.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-3-401

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 3. Punishments (Refs & Annos)

Part 4. Limitations and Special Provisions on Sentences

§ 76-3-401. Concurrent or consecutive sentences--Limitations--Definition

(1) A court shall determine, if a defendant has been adjudged guilty of more than one felony offense, whether to impose concurrent or consecutive sentences for the offenses. The court shall state on the record and shall indicate in the order of judgment and commitment:

(a) if the sentences imposed are to run concurrently or consecutively to each other; and

(b) if the sentences before the court are to run concurrently or consecutively with any other sentences the defendant is already serving.

(2) In determining whether state offenses are to run concurrently or consecutively, the court shall consider the gravity and circumstances of the offenses, the number of victims, and the history, character, and rehabilitative needs of the defendant.

(3) The court shall order that sentences for state offenses run consecutively if the later offense is committed while the defendant is imprisoned or on parole, unless the court finds and states on the record that consecutive sentencing would be inappropriate.

(4) If a written order of commitment does not clearly state whether the sentences are to run consecutively or concurrently, the Board of Pardons and Parole shall request clarification from the court. Upon receipt of the request, the court shall enter a clarified order of commitment stating whether the sentences are to run consecutively or concurrently.

(5) A court may impose consecutive sentences for offenses arising out of a single criminal episode as defined in Section 76-1-401.

(6)(a) If a court imposes consecutive sentences, the aggregate maximum of all sentences imposed may not exceed 30 years imprisonment, except as provided under Subsection (6)(b).

(b) The limitation under Subsection (6)(a) does not apply if:

(i) an offense for which the defendant is sentenced authorizes the death penalty or a maximum sentence of life imprisonment; or

(ii) the defendant is convicted of an additional offense based on conduct which occurs after his initial sentence or sentences are imposed.

(7) The limitation in Subsection (6)(a) applies if a defendant:

(a) is sentenced at the same time for more than one offense;

(b) is sentenced at different times for one or more offenses, all of which were committed prior to imposition of the defendant's initial sentence; or

(c) has already been sentenced by a court of this state other than the present sentencing court or by a court of another state or federal jurisdiction, and the conduct giving rise to the present offense did not occur after his initial sentencing by any other court.

(8) When the limitation of Subsection (6)(a) applies, determining the effect of consecutive sentences and the manner in which they shall be served, the Board of Pardons and Parole shall treat the defendant as though he has been committed for a single term that consists of the aggregate of the validly imposed prison terms as follows:

(a) if the aggregate maximum term exceeds the 30-year limitation, the maximum sentence is considered to be 30 years; and

(b) when indeterminate sentences run consecutively, the minimum term, if any, constitutes the aggregate of the validly imposed minimum terms.

(9) When a sentence is imposed or sentences are imposed to run concurrently with the other or with a sentence presently being served, the term that provides the longer remaining imprisonment constitutes the time to be served.

(10) This section may not be construed to restrict the number or length of individual consecutive sentences that may be imposed or to affect the validity of any sentence so imposed, but only to limit the length of sentences actually served under the commitments.

(11) This section may not be construed to limit the authority of a court to impose consecutive sentences in misdemeanor cases.

(12) As used in this section, “imprisoned” means sentenced and committed to a secure correctional facility as defined in Section 64-13-1, the sentence has not been terminated or voided, and the person is not on parole, regardless of where the person is located.

CREDIT(S)

Laws 1973, c. 196, § 76-3-401; Laws 1974, c. 32, § 7; Laws 1989, c. 181, § 1; Laws 1994, c. 13, § 21; Laws 1995, c. 139, § 1, eff. May 1, 1995; Laws 1997, c. 283, § 1, eff. May 5, 1997; Laws 1999, c. 275, § 1, eff. May 3, 1999; Laws 2002, c. 129, § 1, eff. July 1, 2002.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-3-402

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 3. Punishments (Refs & Annos)

Part 4. Limitations and Special Provisions on Sentences

§ 76-3-402. Conviction of lower degree of offense--Procedure and limitations

(1) If at the time of sentencing the court, having regard to the nature and circumstances of the offense of which the defendant was found guilty and to the history and character of the defendant, and after having given any victims present at the sentencing and the prosecuting attorney an opportunity to be heard, concludes it would be unduly harsh to record the conviction as being for that degree of offense established by statute, the court may enter a judgment of conviction for the next lower degree of offense and impose sentence accordingly.

(2) If the court suspends the execution of the sentence and places the defendant on probation, whether or not the defendant is committed to jail as a condition of probation, the court may enter a judgment of conviction for the next lower degree of offense:

(a) after the defendant has been successfully discharged from probation;

(b) upon motion and notice to the prosecuting attorney;

(d) after a hearing if requested by either party under Subsection (2)(c); and

(e) if the court finds entering a judgment of conviction for the next lower degree of offense is in the interest of justice.

(3)(a) An offense may be reduced only one degree under this section, whether the reduction is entered under Subsection (1) or (2), unless the prosecutor specifically agrees in writing or on the court record that the offense may be reduced two degrees.

(b) In no case may an offense be reduced under this section by more than two degrees.

(4) This section does not preclude any person from obtaining or being granted an expungement of his record as provided by law.

(5) The court may not enter judgment for a conviction for a lower degree of offense if:

(a) the reduction is specifically precluded by law; or

(b) if any unpaid balance remains on court ordered restitution for the offense for which the reduction is sought.

(6) When the court enters judgment for a lower degree of offense under this section, the actual title of the offense for which the reduction is made may not be altered.

(7)(a) A person may not obtain a reduction under this section of a conviction that requires the person to register as a sex offender until the registration requirements under Title 77, Chapter 41, Sex and Kidnap Offender Registry, have expired.

(b) A person required to register as a sex offender for the person's lifetime under Subsection 77-41-105(3)(c) may not be granted a reduction of the conviction for the offense or offenses that require the person to register as a sex offender.

(8) As used in this section, “next lower degree of offense” includes an offense regarding which:

(a) a statutory enhancement is charged in the information or indictment that would increase either the maximum or the minimum sentence; and

(b) the court removes the statutory enhancement pursuant to this section.

CREDIT(S)

Laws 1973, c. 196, § 76-3-402; Laws 1983, c. 88, § 6; Laws 1991, c. 7, § 1; Laws 2006, c. 50, § 1, eff. May 1, 2006; Laws 2006, c. 189, § 6, eff. July 1, 2006; Laws 2007, c. 103, § 1, eff. April 30, 2007; Laws 2012, c. 145, § 12, eff. May 8, 2012.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-3-403

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 3. Punishments (Refs & Annos)

Part 4. Limitations and Special Provisions on Sentences

§ 76-3-403. Credit for good behavior against jail sentence for misdemeanors and certain felonies

In any commitment for incarceration in a county jail or detention facility, other than the Utah State Prison, the custodial authority may in its discretion and upon good behavior of the inmate allow up to 10 days credit against the sentence to be served for every 30 days served or up to two days credit for every 10 days served when the period to be served is less than 30 days if:

(1) the incarceration is for a misdemeanor offense, and the sentencing judge has not entered an order to the contrary; or

(2) the incarceration is part of a probation agreement for a felony offense, and the sentencing district judge has not entered an order to the contrary.

CREDIT(S)

Laws 1973, c. 196, § 76-3-403; Laws 1989, c. 55, § 1; Laws 1995, c. 249, § 2, eff. May 1, 1995; Laws 1998, c. 91, § 1, eff. May 4, 1998.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-3-403.5

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 3. Punishments (Refs & Annos)

Part 4. Limitations and Special Provisions on Sentences

§ 76-3-403.5. Work or school release from county jail or facility--Conditions

When an inmate is incarcerated in a county jail or in a detention facility, the custodial authority may, in accordance with the release policy of the facility, allow the inmate to work outside of the jail or facility as part of a jail or facility supervised work detail, to seek or work at employment, or to attend an educational institution, if the inmate's incarceration:

(1) is not for an offense for which release is prohibited under state law; and

(2)(a) is for a misdemeanor offense, and the sentencing judge has not entered an order prohibiting release under this section; or

(b) is part of a probation agreement for a felony offense, and the sentencing district judge has not entered an order prohibiting release under this section.

CREDIT(S)

Laws 2000, c. 204, § 1, eff. May 1, 2000; Laws 2007, c. 148, § 1, eff. April 30, 2007.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-3-404

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 3. Punishments (Refs & Annos)

Part 4. Limitations and Special Provisions on Sentences

§ 76-3-404. Repealed by Laws 2009, c. 81, § 4, eff. May 12, 2009

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-3-405

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 3. Punishments (Refs & Annos)

Part 4. Limitations and Special Provisions on Sentences

§ 76-3-405. Limitation on sentence where conviction or prior sentence set aside

(1) Where a conviction or sentence has been set aside on direct review or on collateral attack, the court shall not impose a new sentence for the same offense or for a different offense based on the same conduct which is more severe than the prior sentence less the portion of the prior sentence previously satisfied.

(2) This section does not apply when:

(a) the increased sentence is based on facts which were not known to the court at the time of the original sentence, and the court affirmatively places on the record the facts which provide the basis for the increased sentence; or

(b) a defendant enters into a plea agreement with the prosecution and later successfully moves to invalidate his conviction, in which case the defendant and the prosecution stand in the same position as though the plea bargain, conviction, and sentence had never occurred.

CREDIT(S)

Laws 1973, c. 196, § 76-3-405; Laws 1997, c. 291, § 1, eff. March 21, 1997.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-3-406

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 3. Punishments (Refs & Annos)

Part 4. Limitations and Special Provisions on Sentences

§ 76-3-406. Crimes for which probation, suspension of sentence, lower category of offense, or hospitalization may not be granted

Notwithstanding Sections 76-3-201 and 77-18-1 and Title 77, Chapter 16a, Commitment and Treatment of Persons with a Mental Illness, except as provided in Section 76-5-406.5, probation shall not be granted, the execution or imposition of sentence shall not be suspended, the court shall not enter a judgment for a lower category of offense, and hospitalization shall not be ordered, the effect of which would in any way shorten the prison sentence for any person who commits a capital felony or a first degree felony involving:

(1) Section 76-5-202, aggravated murder;

(2) Section 76-5-203, murder;

(3) Section 76-5-301.1, child kidnaping;

(4) Section 76-5-302, aggravated kidnaping;

(5) Section 76-5-402, rape, if the person is sentenced under Subsection 76-5-402(3)(b), (3)(c), or (4);

(6) Section 76-5-402.1, rape of a child;

(7) Section 76-5-402.2, object rape, if the person is sentenced under Subsection 76-5-402.2(1)(b), (1)(c), or (2);

(8) Section 76-5-402.3, object rape of a child;

(9) Section 76-5-403, forcible sodomy, if the person is sentenced under Subsection 76-5-403(4)(b), (4)(c), or (5);

(10) Section 76-5-403.1, sodomy on a child;

(11) Section 76-5-404, forcible sexual abuse, if the person is sentenced under Subsection 76-5-404(2)(b) or (3);

(12) Subsections 76-5-404.1(4) and (5), aggravated sexual abuse of a child;

(13) Section 76-5-405, aggravated sexual assault; or

(14) any attempt to commit a felony listed in Subsection (6), (8), or (10).

CREDIT(S)

Laws 1983, c. 88, § 7; Laws 1984, c. 18, § 2; Laws 1986, c. 41, § 1; Laws 1994, c. 64, § 1; Laws 1995, c. 337, § 2, eff. May 1, 1995; Laws 1995, 1st Sp.Sess., c. 10, § 3, eff. April 29, 1996; Laws 1996, c. 40, § 2, eff. April 29, 1996; Laws 2003, c. 149, § 2, eff. May 5, 2003; Laws 2007, c. 339, § 8, eff. April 30, 2007; Laws 2011, c. 366, § 160, eff. May 10, 2011.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-3-406.5

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 3. Punishments (Refs & Annos)

Part 4. Limitations and Special Provisions on Sentences

§ 76-3-406.5. Aggravating factors in imprisonment for certain criminal homicide cases

(1) As used in this section:

(a) “Cohabitant” has the same definition as in Section 78B-7-102.

(b) “Position of trust” includes the position of a spouse, parent, or cohabitant.

(2) It is an aggravating factor that the person occupied a position of trust in relation to the victim.

(3) The Board of Pardons and Parole shall consider the aggravating factor in Subsection (2) in determining the length of imprisonment for a person convicted of:

(a) aggravated murder under Section 76-5-202;

(b) murder under Section 76-5-203; or

(4) The sentencing court shall consider the aggravating factor in Subsection (2) in sentencing a person convicted of manslaughter under Section 76-5-205.

CREDIT(S)

Laws 2006, c. 348, § 1, eff. May 1, 2006; Laws 2008, c. 3, § 231, eff. Feb. 7, 2008.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-3-407

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 3. Punishments (Refs & Annos)

Part 4. Limitations and Special Provisions on Sentences

§ 76-3-407. Repeat and habitual sex offenders--Additional prison term for prior felony convictions

(1) As used in this section:

(a) “Prior sexual offense” means:

(i) a felony offense described in Title 76, Chapter 5, Part 4, Sexual Offenses;

(ii) sexual exploitation of a minor, Section 76-5b-201;

(iii) a felony offense of enticing a minor over the Internet, Section 76-4-401;

(iv) a felony attempt to commit an offense described in Subsections (1)(a)(i) through (iii); or

(v) an offense in another state, territory, or district of the United States that, if committed in Utah, would constitute an offense described in Subsections (1)(a)(i) through (iv).

(b) “Sexual offense” means:

(i) an offense that is a felony of the second or third degree, or an attempted offense, which attempt is a felony of the second or third degree, described in Title 76, Chapter 5, Part 4, Sexual Offenses;

(ii) sexual exploitation of a minor, Section 76-5b-201;

(iii) a felony offense of enticing a minor over the Internet, Section 76-4-401;

(iv) a felony attempt to commit an offense described in Subsection (1)(b)(ii) or (iii); or

(v) an offense in another state, territory, or district of the United States that, if committed in Utah, would constitute an offense described in Subsections (1)(b)(i) through (iv).

(2) Notwithstanding any other provision of law, the maximum penalty for a sexual offense is increased by five years for each conviction of the defendant for a prior sexual offense that arose from a separate criminal episode, if the trier of fact finds that:

(a) the defendant was convicted of a prior sexual offense; and

(b) the defendant was convicted of the prior sexual offense described in Subsection (2)(a) before the defendant was convicted of the sexual offense for which the defendant is being sentenced.

(3) The increased maximum term described in Subsection (2) shall be in addition to, and consecutive to, any other prison term served by the defendant.

CREDIT(S)

Laws 1983, c. 88, § 8; Laws 1984, c. 18, § 3; Laws 2006, c. 208, § 2, eff. May 1, 2006; Laws 2007, c. 339, § 9, eff. April 30, 2007; Laws 2011, c. 320, § 10, eff. May 10, 2011.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-3-408

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 3. Punishments (Refs & Annos)

Part 4. Limitations and Special Provisions on Sentences

§ 76-3-408. Repealed by Laws 2007, c. 339, § 21, eff. April 30, 2007

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-3-409

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 3. Punishments (Refs & Annos)

Part 4. Limitations and Special Provisions on Sentences

§ 76-3-409. Child abuse or sex offense against child--Treatment of offender or victim--Payment of costs

(1) Any person convicted in the district court of child abuse, or a sexual offense if the victim is under 18 years of age, may be ordered to participate in treatment or therapy under the supervision of the adult probation and parole section of the Department of Corrections, in cooperation with the division of children, youth, and families until the court is satisfied that such treatment or therapy has been successful or that no further benefit to the convicted offender would result if such treatment or therapy were continued. The court may also order treatment of the victim if it believes the same would be beneficial under the circumstances. Nothing in this section shall preclude the court from imposing any additional sentence as provided by law.

(2) The convicted offender shall be ordered to pay, to the extent that he or she is able, the costs of his or her treatment, together with treatment costs incurred by the victim and any administrative costs incurred by the appropriate state agency in the supervision of such treatment. If the convicted offender is unable to pay all or part of the costs of treatment, the court may order the appropriate state agency to pay such costs to the extent funding is provided by the Legislature for such purpose and shall order the convicted offender to perform public service work as compensation for the cost of treatment.

CREDIT(S)

Laws 1983, c. 115, § 1; Laws 1985, c. 212, § 15.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-3-501

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 3. Punishments (Refs & Annos)

Part 5. Forfeiture

§ 76-3-501. Vehicle subject to forfeiture--Seizure--Procedure

(1) Any vehicle used in the commission of, attempt to commit, or flight after commission of any felony in which a firearm or other dangerous weapon as defined in Section 76-10-501, or explosive, chemical, or incendiary device or parts as defined in Section 76-10-306 is used, or any vehicle used in the commission of the illegal possession or sale of a firearm in or from the vehicle, is subject to forfeiture.

(2) Vehicles subject to forfeiture under this section may be seized by any peace officer of this state upon process issued by any court having jurisdiction over the vehicle. However, seizure without process may be made when:

(a) the seizure is incident to a lawful arrest, with or without an arrest warrant;

(b) the vehicle is seized incident to a lawful search with or without a search warrant or an inspection under an administrative inspection warrant;

(c) the vehicle subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding; or

(d) the peace officer seizing the vehicle has probable cause to believe that the vehicle has been used or is intended to be used in violation of this section and the peace officer reasonably believes that the vehicle will be lost, damaged, or used in further violation of law if the officer delays seizure to obtain a warrant.

(3) Forfeiture proceedings under this section shall be instituted promptly in accordance with the procedures and substantive protections of Title 24, Chapter 1, Utah Uniform Forfeiture Procedures Act.

(4) Any vehicle taken or detained under this section is not repleviable but is in custody of the law enforcement agency making the seizure, subject only to the orders and decrees of the court or the official having jurisdiction. When a vehicle is seized under this chapter the appropriate person or agency may:

(a) remove the vehicle to a place designated by the court, official, or the warrant under which the vehicle was seized; or

(b) take custody of the vehicle and remove it to an appropriate location for disposition in accordance with law.

CREDIT(S)

Laws 1994, c. 258, § 1; Laws 1999, c. 97, § 2, eff. May 3, 1999; Initiative B, adopted Nov. 7, 2000, eff. March 20, 2001; Laws 2002, c. 185, § 47, eff. May 6, 2002.

Current through 2012 Fourth Special Session.

U.C.A. 1953 T. 76, Ch. 4, Refs & Annos

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 4. Inchoate Offenses

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-4-101

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 4. Inchoate Offenses (Refs & Annos)

Part 1. Attempt

§ 76-4-101. Attempt--Elements of offense

(1) For purposes of this part, a person is guilty of an attempt to commit a crime if he:

(a) engages in conduct constituting a substantial step toward commission of the crime; and

(b)(i) intends to commit the crime; or

(ii) when causing a particular result is an element of the crime, he acts with an awareness that his conduct is reasonably certain to cause that result.

(2) For purposes of this part, conduct constitutes a substantial step if it strongly corroborates the actor's mental state as defined in Subsection (1)(b).

(3) A defense to the offense of attempt does not arise:

(a) because the offense attempted was actually committed; or

(b) due to factual or legal impossibility if the offense could have been committed if the attendant circumstances had been as the actor believed them to be.

CREDIT(S)

Laws 1973, c. 196, § 76-4-101; Laws 2004, c. 154, § 1, eff. May 3, 2004.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-4-102

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 4. Inchoate Offenses (Refs & Annos)

Part 1. Attempt

§ 76-4-102. Attempt--Classification of offenses

(1) Criminal attempt to commit:

(a) a capital felony, or a felony punishable by imprisonment for life without parole, is a first degree felony;

(b) except as provided in Subsection (1)(c) or (d), a first degree felony is a second degree felony;

(c) any of the following offenses is a first degree felony punishable by imprisonment for an indeterminate term of not fewer than three years and which may be for life:

(i) murder, Subsection 76-5-203(2)(a);

(ii) child kidnapping, Section 76-5-301.1; or

(iii) except as provided in Subsection (1)(d), any of the felonies described in Title 76, Chapter 5, Part 4, Sexual Offenses, that are first degree felonies;

(d) except as provided in Subsection (2), any of the following offenses is a first degree felony, punishable by a term of imprisonment of not less than 15 years and which may be for life:

(i) rape of a child, Section 76-5-402.1;

(ii) object rape of a child, Section 76-5-402.3; or

(iii) sodomy on a child, Section 76-5-403.1;

(e) a second degree felony is a third degree felony;

(f) a third degree felony is a class A misdemeanor;

(g) a class A misdemeanor is a class B misdemeanor;

(h) a class B misdemeanor is a class C misdemeanor; and

(i) a class C misdemeanor is punishable by a penalty not exceeding one half the penalty for a class C misdemeanor.

(2) If, when imposing a sentence under Subsection (1)(d), a court finds that a lesser term than the term described in Subsection (1)(d) is in the interests of justice and states the reasons for this finding on the record, the court may impose a term of imprisonment of not less than:

(a) 10 years and which may be for life;

(b) six years and which may be for life; or

CREDIT(S)

Laws 1973, c. 196, § 76-4-102; Laws 1983, c. 88, § 10; Laws 1996, c. 40, § 3, eff. April 29, 1996; Laws 2002, c. 57, § 1, eff. May 6, 2002; Laws 2008, c. 12, § 1, eff. Feb. 26, 2008; Laws 2008, c. 179, § 1, eff. May 5, 2008.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-4-201

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 4. Inchoate Offenses (Refs & Annos)

Part 2. Criminal Conspiracy

§ 76-4-201. Conspiracy--Elements of offense

For purposes of this part a person is guilty of conspiracy when he, intending that conduct constituting a crime be performed, agrees with one or more persons to engage in or cause the performance of the conduct and any one of them commits an overt act in pursuance of the conspiracy, except where the offense is a capital felony, a felony against the person, arson, burglary, or robbery, the overt act is not required for the commission of conspiracy.

CREDIT(S)

Laws 1973, c. 196, § 76-4-201; Laws 1974, c. 32, § 8; Laws 2001, c. 209, § 7, eff. April 30, 2001.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-4-202

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 4. Inchoate Offenses (Refs & Annos)

Part 2. Criminal Conspiracy

§ 76-4-202. Conspiracy--Classification of offenses

Conspiracy to commit:

(1) a capital felony is a first degree felony;

(2) a first degree felony is a second degree felony; except that conspiracy to commit child kidnaping, in violation of Section 76-5-301.1 or to commit any of those felonies described in Title 76, Chapter 5, Part 4, which are first degree felonies, is a first degree felony punishable by imprisonment for an indeterminate term of not less than three years and which may be for life;

(3) a second degree felony is a third degree felony;

(4) a third degree felony is a class A misdemeanor;

(5) a class A misdemeanor is a class B misdemeanor;

(6) a class B misdemeanor is a class C misdemeanor;

(7) A class C misdemeanor is punishable by a penalty not exceeding one half the penalty for a class C misdemeanor.

CREDIT(S)

Laws 1973, c. 196, § 76-4-202; Laws 1983, c. 88, § 11; Laws 1996, c. 40, § 4, eff. April 29, 1996.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-4-203

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 4. Inchoate Offenses (Refs & Annos)

Part 2. Criminal Conspiracy

§ 76-4-203. Criminal solicitation--Elements

(1) An actor commits criminal solicitation if with intent that a felony be committed, he solicits, requests, commands, offers to hire, or importunes another person to engage in specific conduct that under the circumstances as the actor believes them to be would be a felony or would cause the other person to be a party to the commission of a felony.

(2) An actor may be convicted under this section only if the solicitation is made under circumstances strongly corroborative of the actor's intent that the offense be committed.

(3) It is not a defense under this section that the person solicited by the actor:

(a) does not agree to act upon the solicitation;

(b) does not commit an overt act;

(d) is not criminally responsible for the felony solicited;

(e) was acquitted, was not prosecuted or convicted, or was convicted of a different offense or of a different type or degree of offense; or

(f) is immune from prosecution.

(4) It is not a defense under this section that the actor:

(a) belongs to a class of persons that by definition is legally incapable of committing the offense in an individual capacity; or

(b) fails to communicate with the person he solicits to commit an offense, if the intent of the actor's conduct was to effect the communication.

(5) Nothing in this section prevents an actor who otherwise solicits, requests, commands, encourages, or intentionally aids another person to engage in conduct which constitutes an offense from being prosecuted and convicted as a party to the offense under Section 76-2-202 if the person solicited actually commits the offense.

CREDIT(S)

Laws 1990, c. 189, § 1; Laws 1993, c. 230, § 1.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-4-204

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 4. Inchoate Offenses (Refs & Annos)

Part 2. Criminal Conspiracy

§ 76-4-204. Criminal solicitation--Penalties

(1) Criminal solicitation to commit:

(a) a capital felony, or a felony punishable by imprisonment for life without parole, is a first degree felony;

(b) except as provided in Subsection (1)(c) or (d), a first degree felony is a second degree felony;

(c) any of the following offenses is a first degree felony punishable by imprisonment for an indeterminate term of not fewer than three years and which may be for life:

(i) murder, Subsection 76-5-203(2)(a);

(ii) child kidnapping, Section 76-5-301.1; or

(iii) except as provided in Subsection (1)(d), any of the felonies described in Title 76, Chapter 5, Part 4, Sexual Offenses, that are first degree felonies;

(d) except as provided in Subsection (2), any of the following offenses is a first degree felony, punishable by a term of imprisonment of not less than 15 years and which may be for life:

(i) rape of a child, Section 76-5-402.1;

(ii) object rape of a child, Section 76-5-402.3; or

(iii) sodomy on a child, Section 76-5-403.1;

(e) a second degree felony is a third degree felony; and

(f) a third degree felony is a class A misdemeanor.

(a) 10 years and which may be for life;

(b) six years and which may be for life; or

CREDIT(S)

Laws 1990, c. 189, § 2; Laws 2008, c. 179, § 2, eff. May 5, 2008.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-4-301

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 4. Inchoate Offenses (Refs & Annos)

Part 3. Exemptions and Restrictions

§ 76-4-301. Specific attempt or conspiracy offense prevails

Whenever any offense specifically designates or defines an attempt or conspiracy and provides a penalty for the attempt or conspiracy other than provided in this chapter, the specific offense shall prevail over the provisions of this chapter.

CREDIT(S)

Laws 1973, c. 196, § 76-4-301; Laws 1995, c. 20, § 129, eff. May 1, 1995.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-4-302

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 4. Inchoate Offenses (Refs & Annos)

Part 3. Exemptions and Restrictions

§ 76-4-302. Conviction of inchoate and principal offense or attempt and conspiracy to commit offense prohibited

No person shall be convicted of both an inchoate and principal offense or of both an attempt to commit an offense and a conspiracy to commit the same offense.

CREDIT(S)

Laws 1973, c. 196, § 76-4-302; Laws 1974, c. 32, § 9.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-4-401

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 4. Inchoate Offenses (Refs & Annos)

Part 4. Enticement of a Minor

§ 76-4-401. Enticing a minor--Elements--Penalties

(1) As used in this section:

(a) “Minor” means a person who is under the age of 18.

(b) “Text messaging” means a communication in the form of electronic text or one or more electronic images sent by the actor from a telephone or computer to another person's telephone or computer by addressing the communication to the person's telephone number.

(2)(a) A person commits enticement of a minor when the person knowingly uses or attempts to use the Internet or text messaging to solicit, seduce, lure, or entice a minor or another person that the actor believes to be a minor to engage in any sexual activity which is a violation of state criminal law.

(b) A person commits enticement of a minor when the person knowingly uses the Internet or text messaging to:

(i) initiate contact with a minor or a person the actor believes to be a minor; and

(ii) subsequently to the action under Subsection (2)(b)(i), by any electronic or written means, solicits, seduces, lures, or entices, or attempts to solicit, seduce, lure, or entice the minor or a person the actor believes to be the minor to engage in any sexual activity which is a violation of state criminal law.

(3) It is not a defense to the crime of enticing a minor under Subsection (2), or an attempt to commit this offense, that a law enforcement officer or an undercover operative who is working with a law enforcement agency was involved in the detection or investigation of the offense.

(4) An enticement of a minor under Subsection (2)(a) or (b) with the intent to commit:

(a) a first degree felony is a:

(i) second degree felony upon the first conviction for violation of this Subsection (4)(a); and

(ii) first degree felony punishable by imprisonment for an indeterminate term of not fewer than three years and which may be for life, upon a second or any subsequent conviction for a violation of this Subsection (4)(a);

(b) a second degree felony is a third degree felony;

(d) a class A misdemeanor is a class B misdemeanor; and

(e) a class B misdemeanor is a class C misdemeanor.

(5) (a) When a person who commits a felony violation of this section has been previously convicted of an offense under Subsection (5)(b), the court may not in any way shorten the prison sentence, and the court may not:

(i) grant probation;

(ii) suspend the execution or imposition of the sentence;

(iii) enter a judgment for a lower category of offense; or

(iv) order hospitalization.

(b) The sections referred to in Subsection (5)(a) are:

(i) Section 76-4-401, enticing a minor;

(ii) Section 76-5-301.1, child kidnapping;

(iii) Section 76-5-402, rape;

(iv) Section 76-5-402.1, rape of a child;

(v) Section 76-5-402.2, object rape;

(vi) Section 76-5-402.3, object rape of a child;

(vii) Subsection 76-5-403(2), forcible sodomy;

(viii) Section 76-5-403.1, sodomy on a child;

(ix) Section 76-5-404, forcible sexual abuse;

(x) Section 76-5-404.1, sexual abuse of a child and aggravated sexual abuse of a child;

(xi) Section 76-5-405, aggravated sexual assault;

(xii) any offense in any other state or federal jurisdiction which constitutes or would constitute a crime in Subsections (4)(b)(i) through (xi); or

(xiii) the attempt, solicitation, or conspiracy to commit any of the offenses in Subsections (4)(b)(i) through (xii).

CREDIT(S)

Laws 2001, c. 353, § 1, eff. April 30, 2001; Laws 2003, c. 164, § 1, eff. May 5, 2003; Laws 2007, c. 337, § 1, eff. Mar. 19, 2007; Laws 2008, c. 342, § 1, eff. May 5, 2008.

Current through 2012 Fourth Special Session.

U.C.A. 1953 T. 76, Ch. 5, Refs & Annos

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-101

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 1. Assault and Related Offenses

§ 76-5-101. “Prisoner” defined

For purposes of this part “prisoner” means any person who is in custody of a peace officer pursuant to a lawful arrest or who is confined in a jail or other penal institution or a facility used for confinement of delinquent juveniles operated by the Division of Juvenile Justice Services regardless of whether the confinement is legal.

CREDIT(S)

Laws 1973, c. 196, § 76-5-101; Laws 1994, c. 36, § 1; Laws 2003, c. 171, § 34, eff. July 1, 2004.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-102

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 1. Assault and Related Offenses

§ 76-5-102. Assault

(1) Assault is:

(a) an attempt, with unlawful force or violence, to do bodily injury to another;

(b) a threat, accompanied by a show of immediate force or violence, to do bodily injury to another; or

(c) an act, committed with unlawful force or violence, that causes bodily injury to another or creates a substantial risk of bodily injury to another.

(2) Assault is a class B misdemeanor.

(3) Assault is a class A misdemeanor if:

(a) the person causes substantial bodily injury to another; or

(b) the victim is pregnant and the person has knowledge of the pregnancy.

(4) It is not a defense against assault, that the accused caused serious bodily injury to another.

CREDIT(S)

Laws 1974, c. 32, § 38; Laws 1989, c. 51, § 1; Laws 1991, c. 75, § 3; Laws 1995, c. 291, § 4, eff. May 1, 1995; Laws 1996, c. 140, § 1, eff. April 29, 1996; Laws 2000, c. 170, § 2, eff. May 1, 2000; Laws 2003, c. 109, § 1, eff. May 5, 2003.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-102.3

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 1. Assault and Related Offenses

§ 76-5-102.3. Assault against school employees

(1) Any person who assaults an employee of a public or private school, with knowledge that the individual is an employee, and when the employee is acting within the scope of his authority as an employee, is guilty of a class A misdemeanor.

(2) As used in this section, “employee” includes a volunteer.

CREDIT(S)

Laws 1992, c. 163, § 1.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-102.4

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 1. Assault and Related Offenses

§ 76-5-102.4. Assault against peace officer or a military service member in uniform--Penalty

(1) As used in this section:

(a) “Military service member in uniform” means:

(i) a member of any branch of the United States military who is wearing a uniform as authorized by the member's branch of service; or

(ii) a member of the National Guard serving as provided in Section 39-1-5 or 39-1-9.

(b) “Peace officer” means a law enforcement officer certified under Section 53-13-103.

(2)(a) A person is guilty of a class A misdemeanor, except as provided in Subsection (2)(b), who:

(i) assaults a peace officer, with knowledge that he is a peace officer, and when the peace officer is acting within the scope of his authority as a peace officer; or

(ii) assaults a military service member in uniform when that service member is on orders and acting within the scope of authority granted to the military service member in uniform.

(b) A person who violates this section and has been previously convicted of a violation of this section is guilty of a third degree felony.

(3) A person who violates this section shall serve, in jail or another correctional facility, a minimum of:

(a) 90 consecutive days for a second offense; and

(b) 180 consecutive days for each subsequent offense.

(4) The court may suspend the imposition or execution of the sentence required under Subsection (3) if the court finds that the interests of justice would be best served and makes specific findings concerning the disposition in writing or on the record.

(5) This section does not affect or limit any individual's constitutional right to the lawful expression of free speech, the right of assembly, or any other recognized rights secured by the Constitution or laws of Utah or by the Constitution or laws of the United States.

CREDIT(S)

Laws 1974, c. 32, § 32; Laws 1987, c. 23, § 1; Laws 1998, c. 172, § 1, eff. May 4, 1998; Laws 2008, c. 131, § 1, eff. May 5, 2008; Laws 2009, c. 125, § 1, eff. May 12, 2009.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-102.5

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 1. Assault and Related Offenses

§ 76-5-102.5. Assault by prisoner

Any prisoner who commits assault, intending to cause bodily injury, is guilty of a felony of the third degree.

CREDIT(S)

Laws 1974, c. 32, § 33.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-102.6

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 1. Assault and Related Offenses

§ 76-5-102.6. Propelling substance or object at a correctional or peace officer--Penalties

(1) Any prisoner or person detained pursuant to Section 77-7-15 who throws or otherwise propels any substance or object at a peace or correctional officer is guilty of a class A misdemeanor, except as provided under Subsection (2).

(2) A violation of Subsection (1) is a third degree felony if:

(a) the object or substance is:

(i) blood, urine, or fecal material; or

(ii) the prisoner's or detained person's saliva, and the prisoner or detained person knows he or she is infected with HIV, hepatitis B, or hepatitis C; and

(b) the object or substance comes into contact with any portion of the officer's face, including the eyes or mouth, or comes into contact with any open wound on the officer's body.

(3) If an offense committed under this section amounts to an offense subject to a greater penalty under another provision of state law than under this section, this section does not prohibit prosecution and sentencing for the more serious offense.

CREDIT(S)

Laws 1992, c. 149, § 1; Laws 1994, c. 37, § 1; Laws 2005, c. 230, § 1, eff. May 2, 2005; Laws 2007, c. 157, § 1, eff. April 30, 2007.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-102.7

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 1. Assault and Related Offenses

§ 76-5-102.7. Assault against health care provider and emergency medical service worker--Penalty

(1) A person who assaults a health care provider or emergency medical service worker is guilty of a class A misdemeanor if:

(a) the person knew that the victim was a health care provider or emergency medical service worker; and

(b) the health care provider or emergency medical service worker was performing emergency or life saving duties within the scope of his authority at the time of the assault.

(2) As used in this section:

(a) “Emergency medical service worker” means a person certified under Section 26-8a-302.

(b) “Health care provider” has the meaning as provided in Section 78B-3-403.

CREDIT(S)

Laws 1997, c. 4, § 1, eff. May 5, 1997; Laws 1999, c. 141, § 56, eff. Oct. 1, 1999; Laws 2008, c. 3, § 232, eff. Feb. 7, 2008.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-102.8

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 1. Assault and Related Offenses

§ 76-5-102.8. Disarming a peace officer--Penalties

(1) As used in this section:

(a) “Conductive energy device” means a weapon that uses electrical current to disrupt voluntary control of muscles.

(b) “Firearm” has the same meaning as in Section 76-10-501.

(2) An actor is guilty of an offense under Subsection (3) who intentionally takes or removes, or attempts to take or remove a firearm or a conductive energy device from the person or immediate presence of a person the actor knows is a peace officer:

(a) without the consent of the peace officer; and

(b) while the peace officer is acting within the scope of his authority as a peace officer.

(3)(a) Conduct under Subsection (2) regarding a firearm is a first degree felony.

(b) Conduct under Subsection (2) regarding a conductive energy device is a third degree felony.

CREDIT(S)

Laws 1999, c. 274, § 1, eff. May 3, 1999; Laws 2010, c. 222, § 1, eff. May 11, 2010.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-103

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 1. Assault and Related Offenses

§ 76-5-103. Aggravated assault

(1) A person commits aggravated assault if the person commits assault as defined in Section 76-5-102 and uses:

(a) a dangerous weapon as defined in Section 76-1-601; or

(b) other means or force likely to produce death or serious bodily injury.

(2)(a) A violation of Subsection (1) is a third degree felony, except under Subsection (2)(b).

(b) A violation of Subsection (1) that results in serious bodily injury is a second degree felony.

CREDIT(S)

Laws 1973, c. 196, § 76-5-103; Laws 1974, c. 32, § 10; Laws 1989, c. 170, § 2; Laws 1995, c. 291, § 5, eff. May 1, 1995; Laws 2010, c. 193, § 4, eff. Nov. 1, 2010.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-103.5

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 1. Assault and Related Offenses

§ 76-5-103.5. Aggravated assault by prisoner

Any prisoner who commits aggravated assault not amounting to a violation of Section 76-3-203.6 is guilty of:

(1) a second degree felony if no serious bodily injury was intentionally caused; or

(2) a first degree felony if serious bodily injury was intentionally caused.

CREDIT(S)

Laws 1974, c. 32, § 34; Laws 1996, c. 158, § 1, eff. April 29, 1996; Laws 1997, c. 207, § 1, eff. May 5, 1997; Laws 2001, c. 209, § 8, eff. April 30, 2001; Laws 2006, c. 102, § 1, eff. May 1, 2006.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-104

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 1. Assault and Related Offenses

§ 76-5-104. Consensual altercation

In any prosecution for criminal homicide under Part 2 of this chapter or assault, it is no defense to the prosecution that the defendant was a party to any duel, mutual combat, or other consensual altercation if during the course of the duel, combat, or altercation any dangerous weapon as defined in Section 76-1-601 was used or if the defendant was engaged in an ultimate fighting match as defined in Section 76-9-705.

CREDIT(S)

Laws 1973, c. 196, § 76-5-104; Laws 1989, c. 170, § 3; Laws 1997, c. 83, § 4, eff. May 5, 1997.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-105

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 1. Assault and Related Offenses

§ 76-5-105. Mayhem

(1) Every person who unlawfully and intentionally deprives a human being of a member of his body, or disables or renders it useless, or who cuts out or disables the tongue, puts out an eye, or slits the nose, ear, or lip, is guilty of mayhem.

(2) Mayhem is a felony of the second degree.

CREDIT(S)

Laws 1973, c. 196, § 76-5-105.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-106

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 1. Assault and Related Offenses

§ 76-5-106. Harassment

(1) A person is guilty of harassment if, with intent to frighten or harass another, he communicates a written or recorded threat to commit any violent felony.

(2) Harassment is a class B misdemeanor.

CREDIT(S)

Laws 1973, c. 196, § 76-5-106; Laws 1995, c. 300, § 14, eff. July 1, 1995.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-106.5

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 1. Assault and Related Offenses

§ 76-5-106.5. Stalking--Definitions--Injunction--Penalties

(1) As used in this section:

(a) “Conviction” means:

(i) a verdict or conviction;

(ii) a plea of guilty or guilty and mentally ill;

(iii) a plea of no contest; or

(iv) the acceptance by the court of a plea in abeyance.

(b) “Course of conduct” means two or more acts directed at or toward a specific person, including:

(i) acts in which the actor follows, monitors, observes, photographs, surveils, threatens, or communicates to or about a person, or interferes with a person's property:

(A) directly, indirectly, or through any third party; and

(B) by any action, method, device, or means; or

(ii) when the actor engages in any of the following acts or causes someone else to engage in any of these acts:

(A) approaches or confronts a person;

(B) appears at the person's workplace or contacts the person's employer or coworkers;

(C) appears at a person's residence or contacts a person's neighbors, or enters property owned, leased, or occupied by a person;

(D) sends material by any means to the person or for the purpose of obtaining or disseminating information about or communicating with the person to a member of the person's family or household, employer, coworker, friend, or associate of the person;

(E) places an object on or delivers an object to property owned, leased, or occupied by a person, or to the person's place of employment with the intent that the object be delivered to the person; or

(F) uses a computer, the Internet, text messaging, or any other electronic means to commit an act that is a part of the course of conduct.

(c) “Immediate family” means a spouse, parent, child, sibling, or any other person who regularly resides in the household or who regularly resided in the household within the prior six months.

(d) “Emotional distress” means significant mental or psychological suffering, whether or not medical or other professional treatment or counseling is required.

(e) “Reasonable person” means a reasonable person in the victim's circumstances.

(f) “Stalking” means an offense as described in Subsection (2) or (3).

(g) “Text messaging” means a communication in the form of electronic text or one or more electronic images sent by the actor from a telephone or computer to another person's telephone or computer by addressing the communication to the recipient's telephone number.

(2) A person is guilty of stalking who intentionally or knowingly engages in a course of conduct directed at a specific person and knows or should know that the course of conduct would cause a reasonable person:

(a) to fear for the person's own safety or the safety of a third person; or

(b) to suffer other emotional distress.

(3) A person is guilty of stalking who intentionally or knowingly violates:

(a) a stalking injunction issued pursuant to Title 77, Chapter 3a, Stalking Injunctions; or

(b) a permanent criminal stalking injunction issued pursuant to this section.

(4) In any prosecution under this section, it is not a defense that the actor:

(a) was not given actual notice that the course of conduct was unwanted; or

(b) did not intend to cause the victim fear or other emotional distress.

(5) An offense of stalking may be prosecuted under this section in any jurisdiction where one or more of the acts that is part of the course of conduct was initiated or caused an effect on the victim.

(6) Stalking is a class A misdemeanor:

(a) upon the offender's first violation of Subsection (2); or

(b) if the offender violated a stalking injunction issued pursuant to Title 77, Chapter 3a, Stalking Injunctions.

(7) Stalking is a third degree felony if the offender:

(a) has been previously convicted of an offense of stalking;

(b) has been previously convicted in another jurisdiction of an offense that is substantially similar to the offense of stalking;

(c) has been previously convicted of any felony offense in Utah or of any crime in another jurisdiction which if committed in Utah would be a felony, in which the victim of the stalking offense or a member of the victim's immediate family was also a victim of the previous felony offense;

(d) violated a permanent criminal stalking injunction issued pursuant to Subsection (9); or

(e) has been or is at the time of the offense a cohabitant, as defined in Section 78B-7-102, of the victim.

(8) Stalking is a second degree felony if the offender:

(a) used a dangerous weapon as defined in Section 76-1-601 or used other means or force likely to produce death or serious bodily injury, in the commission of the crime of stalking;

(b) has been previously convicted two or more times of the offense of stalking;

(c) has been convicted two or more times in another jurisdiction or jurisdictions of offenses that are substantially similar to the offense of stalking;

(d) has been convicted two or more times, in any combination, of offenses under Subsection (7)(a), (b), or (c);

(e) has been previously convicted two or more times of felony offenses in Utah or of crimes in another jurisdiction or jurisdictions which, if committed in Utah, would be felonies, in which the victim of the stalking was also a victim of the previous felony offenses; or

(f) has been previously convicted of an offense under Subsection (7)(d) or (e).

(9)(a) A conviction for stalking or a plea accepted by the court and held in abeyance for a period of time serves as an application for a permanent criminal stalking injunction limiting the contact between the defendant and the victim.

(b) A permanent criminal stalking injunction shall be issued by the court at the time of the conviction. The court shall give the defendant notice of the right to request a hearing.

(c) If the defendant requests a hearing under Subsection (9)(b), it shall be held at the time of the conviction unless the victim requests otherwise, or for good cause.

(d) If the conviction was entered in a justice court, a certified copy of the judgment and conviction or a certified copy of the court's order holding the plea in abeyance shall be filed by the victim in the district court as an application and request for a hearing for a permanent criminal stalking injunction.

(10) A permanent criminal stalking injunction shall be issued by the district court granting the following relief where appropriate:

(a) an order:

(i) restraining the defendant from entering the residence, property, school, or place of employment of the victim; and

(ii) requiring the defendant to stay away from the victim, except as provided in Subsection (11), and to stay away from any specified place that is named in the order and is frequented regularly by the victim;

(b) an order restraining the defendant from making contact with or regarding the victim, including an order forbidding the defendant from personally or through an agent initiating any communication, except as provided in Subsection (11), likely to cause annoyance or alarm to the victim, including personal, written, or telephone contact with or regarding the victim, with the victim's employers, employees, coworkers, friends, associates, or others with whom communication would be likely to cause annoyance or alarm to the victim; and

(c) any other orders the court considers necessary to protect the victim and members of the victim's immediate family or household.

(11) If the victim and defendant have minor children together, the court may consider provisions regarding the defendant's exercise of custody and parent-time rights while ensuring the safety of the victim and any minor children. If the court issues a permanent criminal stalking injunction, but declines to address custody and parent-time issues, a copy of the stalking injunction shall be filed in any action in which custody and parent-time issues are being considered and that court may modify the injunction to balance the parties' custody and parent-time rights.

(12) Except as provided in Subsection (11), a permanent criminal stalking injunction may be modified, dissolved, or dismissed only upon application of the victim to the court which granted the injunction.

(13) Notice of permanent criminal stalking injunctions issued pursuant to this section shall be sent by the court to the statewide warrants network or similar system.

(14) A permanent criminal stalking injunction issued pursuant to this section has effect statewide.

(15)(a) Violation of an injunction issued pursuant to this section constitutes a third degree felony offense of stalking under Subsection (7).

(b) Violations may be enforced in a civil action initiated by the stalking victim, a criminal action initiated by a prosecuting attorney, or both.

(16) This section does not preclude the filing of a criminal information for stalking based on the same act which is the basis for the violation of the stalking injunction issued pursuant to Title 77, Chapter 3a, Stalking Injunctions, or a permanent criminal stalking injunction.

CREDIT(S)

Laws 1992, c. 188, § 1; Laws 1994, c. 206, § 1; Laws 1996, c. 151, § 1, eff. April 29, 1996; Laws 1997, c. 10, § 129, eff. May 5, 1997; Laws 1999, c. 96, § 1, eff. May 3, 1999; Laws 2000, c. 49, § 1, eff. May 1, 2000; Laws 2001, c. 276, § 1, eff. July 1, 2001; Laws 2008, c. 356, § 2, eff. May 5, 2008; Laws 2012, c. 383, § 1, eff. May 8, 2012.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-107

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 1. Assault and Related Offenses

§ 76-5-107. Threat of violence--Penalty

(1) A person commits a threat of violence if the person threatens to commit any offense involving bodily injury, death, or substantial property damage, and acts with intent to place a person in fear of imminent serious bodily injury, substantial bodily injury, or death.

(2) A violation of this section is a class B misdemeanor.

(3) It is not a defense under this section that the person did not attempt to or was incapable of carrying out the threat.

(4) A threat under this section may be express or implied.

(5) A person who commits an offense under this section is subject to punishment for that offense, in addition to any other offense committed, including the carrying out of the threatened act.

(6) In addition to any other penalty authorized by law, a court shall order any person convicted of any violation of this section to reimburse any federal, state, or local unit of government, or any private business, organization, individual, or entity for all expenses and losses incurred in responding to the violation, unless the court states on the record the reasons why the reimbursement would be inappropriate.

CREDIT(S)

Laws 1973, c. 196, § 76-5-107; Laws 1988, c. 38, § 1; Laws 2002, c. 166, § 3, eff. May 6, 2002; Laws 2010, c. 334, § 7, eff. May 11, 2010.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-107.3

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 1. Assault and Related Offenses

§ 76-5-107.3. Threat of terrorism--Penalty

(1) A person commits a threat of terrorism if the person threatens to commit any offense involving bodily injury, death, or substantial property damage, and:

(a)(i) threatens the use of a weapon of mass destruction, as defined in Section 76-10-401; or

(ii) threatens the use of a hoax weapon of mass destruction, as defined in Section 76-10-401; or

(b) acts with intent to:

(i) intimidate or coerce a civilian population or to influence or affect the conduct of a government or a unit of government;

(ii) prevent or interrupt the occupation of a building or a portion of the building, a place to which the public has access, or a facility or vehicle of public transportation operated by a common carrier; or

(iii) cause action of any nature by an official or volunteer agency organized to deal with emergencies.

(2)(a) A violation of Subsection (1)(a) or (1)(b)(i) is a second degree felony.

(b) A violation of Subsection (1)(b)(ii) is a third degree felony.

(3) It is not a defense under this section that the person did not attempt to carry out or was incapable of carrying out the threat.

(4) A threat under this section may be express or implied.

(5) A person who commits an offense under this section is subject to punishment for that offense, in addition to any other offense committed, including the carrying out of the threatened act.

CREDIT(S)

Laws 2010, c. 334, § 8, eff. May 11, 2010.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-107.5

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 1. Assault and Related Offenses

§ 76-5-107.5. Prohibition of “hazing“--Definitions--Penalties

(1) A person is guilty of hazing if that person intentionally, knowingly, or recklessly commits an act or causes another to commit an act that:

(a)(i) endangers the mental or physical health or safety of another;

(ii) involves any brutality of a physical nature such as whipping, beating, branding, calisthenics, bruising, electric shocking, placing of a harmful substance on the body, or exposure to the elements;

(iii) involves consumption of any food, alcoholic product, drug, or other substance or any other physical activity that endangers the mental or physical health and safety of an individual; or

(iv) involves any activity that would subject the individual to extreme mental stress, such as sleep deprivation, extended isolation from social contact, or conduct that subjects another to extreme embarrassment, shame, or humiliation; and

(b)(i) is for the purpose of initiation, admission into, affiliation with, holding office in, or as a condition for continued membership in any organization; or

(ii) if the actor knew that the victim is a member of or candidate for membership with a school team or school organization to which the actor belongs or did belong within the preceding two years.

(2) It is not a defense to prosecution of hazing that a person under 21, against whom the hazing was directed, consented to or acquiesced in the hazing activity.

(3) An actor who hazes another is guilty of a:

(a) class B misdemeanor except as provided in Subsection (3)(b), (c), (d), or (e);

(b) class A misdemeanor if the act involves:

(i) the operation or other use of a motor vehicle;

(ii) the consumption of an alcoholic product as defined in Section 32B-1-102; or

(iii) the consumption of a drug or a substance as defined in Section 76-5-113;

(d) third degree felony if the hazing results in serious bodily injury to a person; or

(e) second degree felony if hazing under Subsection (3)(d) involves the use of a dangerous weapon as defined in Section 76-1-601.

(4) A person who in good faith reports or participates in reporting of an alleged hazing is not subject to any civil or criminal liability regarding the reporting.

(5)(a) This section does not apply to military training or other official military activities.

(b) Military conduct is governed by Title 39, Chapter 6, Utah Code of Military Justice.

(6)(a) A prosecution under this section does not bar a prosecution of the actor for:

(i) any other offense for which the actor may be liable as a party for conduct committed by the person hazed; or

(ii) any offense, caused in the course of the hazing, that the actor commits against the person who is hazed.

(b) Under Subsection (6)(a)(i) a person may be separately punished, both for the hazing offense and the conduct committed by the person hazed.

(c) Under Subsection (6)(a)(ii) a person may not be punished both for hazing and for the other offense, but shall be punished for the offense carrying the greater maximum penalty.

CREDIT(S)

Laws 1989, c. 59, § 1; Laws 1997, c. 240, § 2, eff. May 5, 1997; Laws 1997, c. 289, § 4, eff. May 5, 1997; Laws 2008, c. 292, § 1, eff. May 5, 2008; Laws 2010, c. 248, § 1, eff. May 11, 2010; Laws 2011, c. 340, § 44, eff. May 10, 2011.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-108

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 1. Assault and Related Offenses

§ 76-5-108. Protective orders restraining abuse of another--Violation

(1) Any person who is the respondent or defendant subject to a protective order, child protective order, ex parte protective order, or ex parte child protective order issued under Title 78B, Chapter 7, Part 1, Cohabitant Abuse Act, or Title 78A, Chapter 6, Juvenile Court Act of 1996, Title 77, Chapter 36, Cohabitant Abuse Procedures Act, or a foreign protection order enforceable under Title 78B, Chapter 7, Part 3, Uniform Interstate Enforcement of Domestic Violence Protection Orders Act, who intentionally or knowingly violates that order after having been properly served, is guilty of a class A misdemeanor, except as a greater penalty may be provided in Title 77, Chapter 36, Cohabitant Abuse Procedures Act.

(2) Violation of an order as described in Subsection (1) is a domestic violence offense under Section 77-36-1 and subject to increased penalties in accordance with Section 77-36-1.1.

CREDIT(S)

Laws 1979, c. 111, § 10; Laws 1984, c. 12, § 1; Laws 1991, c. 75, § 4; Laws 1993, c. 137, § 12; Laws 1995, c. 300, § 15, eff. July 1, 1995; Laws 1996, c. 244, § 9, eff. April 29, 1996; Laws 1999, c. 246, § 1, eff. May 3, 1999; Laws 2003, c. 68, § 7, eff. May 5, 2003; Laws 2006, c. 157, § 15, eff. July 1, 2006; Laws 2008, c. 3, § 233, eff. Feb. 7, 2008.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-109

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 1. Assault and Related Offenses

§ 76-5-109. Child abuse--Child abandonment

(1) As used in this section:

(a) “Child” means a human being who is under 18 years of age.

(b)(i) “Child abandonment” means that a parent or legal guardian of a child:

(A) intentionally ceases to maintain physical custody of the child;

(B) intentionally fails to make reasonable arrangements for the safety, care, and physical custody of the child; and

(C)(I) intentionally fails to provide the child with food, shelter, or clothing;

(II) manifests an intent to permanently not resume physical custody of the child; or

(III) for a period of at least 30 days:

(Aa) intentionally fails to resume physical custody of the child; and

(Bb) fails to manifest a genuine intent to resume physical custody of the child.

(ii) “Child abandonment” does not include:

(A) safe relinquishment of a child pursuant to the provisions of Section 62A-4a-802; or

(B) giving legal consent to a court order for termination of parental rights:

(I) in a legal adoption proceeding; or

(II) in a case where a petition for the termination of parental rights, or the termination of a guardianship, has been filed.

(d) “Enterprise” is as defined in Section 76-10-1602.

(e) “Physical injury” means an injury to or condition of a child which impairs the physical condition of the child, including:

(i) a bruise or other contusion of the skin;

(ii) a minor laceration or abrasion;

(iii) failure to thrive or malnutrition; or

(iv) any other condition which imperils the child's health or welfare and which is not a serious physical injury as defined in Subsection (1)(f).

(f)(i) “Serious physical injury” means any physical injury or set of injuries that:

(A) seriously impairs the child's health;

(B) involves physical torture;

(D) involves a substantial risk of death to the child.

(ii) “Serious physical injury” includes:

(A) fracture of any bone or bones;

(B) intracranial bleeding, swelling or contusion of the brain, whether caused by blows, shaking, or causing the child's head to impact with an object or surface;

(C) any burn, including burns inflicted by hot water, or those caused by placing a hot object upon the skin or body of the child;

(D) any injury caused by use of a dangerous weapon as defined in Section 76-1-601;

(E) any combination of two or more physical injuries inflicted by the same person, either at the same time or on different occasions;

(F) any damage to internal organs of the body;

(G) any conduct toward a child that results in severe emotional harm, severe developmental delay or intellectual disability, or severe impairment of the child's ability to function;

(H) any injury that creates a permanent disfigurement or protracted loss or impairment of the function of a bodily member, limb, or organ;

(I) any conduct that causes a child to cease breathing, even if resuscitation is successful following the conduct; or

(J) any conduct that results in starvation or failure to thrive or malnutrition that jeopardizes the child's life.

(2) Any person who inflicts upon a child serious physical injury or, having the care or custody of such child, causes or permits another to inflict serious physical injury upon a child is guilty of an offense as follows:

(a) if done intentionally or knowingly, the offense is a felony of the second degree;

(b) if done recklessly, the offense is a felony of the third degree; or

(3) Any person who inflicts upon a child physical injury or, having the care or custody of such child, causes or permits another to inflict physical injury upon a child is guilty of an offense as follows:

(a) if done intentionally or knowingly, the offense is a class A misdemeanor;

(b) if done recklessly, the offense is a class B misdemeanor; or

(4) A person who commits child abandonment, or encourages or causes another to commit child abandonment, or an enterprise that encourages, commands, or causes another to commit child abandonment, is:

(a) except as provided in Subsection (4)(b), guilty of a felony of the third degree; or

(b) guilty of a felony of the second degree, if, as a result of the child abandonment:

(i) the child suffers a serious physical injury; or

(ii) the person or enterprise receives, directly or indirectly, any benefit.

(5)(a) In addition to the penalty described in Subsection (4)(b), the court may order the person or enterprise described in Subsection (4)(b)(ii) to pay the costs of investigating and prosecuting the offense and the costs of securing any forfeiture provided for under Subsection (5)(b).

(b) Any tangible or pecuniary benefit received under Subsection (4)(b)(ii) is subject to criminal or civil forfeiture pursuant to Title 24, Chapter 1, Utah Uniform Forfeiture Procedures Act.

(6) A parent or legal guardian who provides a child with treatment by spiritual means alone through prayer, in lieu of medical treatment, in accordance with the tenets and practices of an established church or religious denomination of which the parent or legal guardian is a member or adherent shall not, for that reason alone, be considered to have committed an offense under this section.

(7) A parent or guardian of a child does not violate this section by selecting a treatment option for the medical condition of the child, if the treatment option is one that a reasonable parent or guardian would believe to be in the best interest of the child.

(8) A person is not guilty of an offense under this section for conduct that constitutes:

(a) reasonable discipline or management of a child, including withholding privileges;

(b) conduct described in Section 76-2-401; or

(i) in self-defense;

(ii) in defense of others;

(iii) to protect the child; or

(iv) to remove a weapon in the possession of a child for any of the reasons described in Subsections (8)(c)(i) through (iii).

CREDIT(S)

Laws 1981, c. 64, § 1; Laws 1992, c. 192, § 1; Laws 1997, c. 289, § 5, eff. May 5, 1997; Laws 1997, c. 303, § 2, eff. May 5, 1997; Laws 1998, c. 81, § 1, eff. May 4, 1998; Laws 1999, c. 67, § 1, eff. March 17, 1999; Laws 2000, c. 125, § 1, eff. May 1, 2000; Laws 2005, c. 95, § 4, eff. May 2, 2005; Laws 2006, c. 75, § 14, eff. May 1, 2006; Laws 2008, c. 45, § 2, eff. May 5, 2008; Laws 2011, c. 366, § 161, eff. May 10, 2011.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-109.1

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 1. Assault and Related Offenses

§ 76-5-109.1. Commission of domestic violence in the presence of a child

(1) As used in this section:

(a) “Cohabitant” has the same meaning as defined in Section 78B-7-102.

(b) “Domestic violence” has the same meaning as in Section 77-36-1.

(i) in the physical presence of a child; or

(ii) having knowledge that a child is present and may see or hear an act of domestic violence.

(2) A person commits domestic violence in the presence of a child if the person:

(a) commits or attempts to commit criminal homicide, as defined in Section 76-5-201, against a cohabitant in the presence of a child; or

(b) intentionally causes serious bodily injury to a cohabitant or uses a dangerous weapon, as defined in Section 76-1-601, or other means or force likely to produce death or serious bodily injury against a cohabitant, in the presence of a child; or

(c) under circumstances not amounting to a violation of Subsection (2)(a) or (b), commits an act of domestic violence in the presence of a child.

(3)(a) A person who violates Subsection (2)(a) or (b) is guilty of a third degree felony.

(b) A person who violates Subsection (2)(c) is guilty of a class B misdemeanor.

(4) A charge under this section is separate and distinct from, and is in addition to, a charge of domestic violence where the victim is the cohabitant. Either or both charges may be filed by the prosecutor.

(5) A person who commits a violation of this section when more than one child is present is guilty of one offense of domestic violence in the presence of a child regarding each child present when the violation occurred.

CREDIT(S)

Laws 1997, c. 303, § 5, eff. May 5, 1997; Laws 1998, c. 81, § 2, eff. May 4, 1998; Laws 2002, c. 81, § 1, eff. May 6, 2002; Laws 2008, c. 3, § 234, eff. Feb. 7, 2008; Laws 2009, c. 70, § 1, eff. May 12, 2009.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-110

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 1. Assault and Related Offenses

§ 76-5-110. Abuse or neglect of a child with a disability

(1) As used in this section:

(a) “Abuse” means:

(i) inflicting physical injury, as that term is defined in Section 76-5-109;

(ii) having the care or custody of a child with a disability, causing or permitting another to inflict physical injury, as that term is defined in Section 76-5-109; or

(iii) unreasonable confinement.

(b) “Caretaker” means:

(i) any parent, legal guardian, or other person having under that person's care and custody a child with a disability; or

(ii) any person, corporation, or public institution that has assumed by contract or court order the responsibility to provide food, shelter, clothing, medical, and other necessities to a child with a disability.

(c) “Child with a disability” means any person under 18 years of age who is impaired because of mental illness, mental deficiency, physical illness or disability, or other cause, to the extent that the person is unable to care for the person's own personal safety or to provide necessities such as food, shelter, clothing, and medical care.

(d) “Neglect” means failure by a caretaker to provide care, nutrition, clothing, shelter, supervision, or medical care.

(2) Any caretaker who intentionally, knowingly, or recklessly abuses or neglects a child with a disability is guilty of a third degree felony.

(3)(a) A parent or legal guardian who provides a child with treatment by spiritual means alone through prayer, in lieu of medical treatment, in accordance with the tenets and practices of an established church or religious denomination of which the parent or legal guardian is a member or adherent shall not, for that reason alone, be considered to be in violation under this section.

(b) Subject to Subsection 78A-6-117 (2)(n)(iii), the exception under Subsection (3)(a) does not preclude a court from ordering medical services from a physician licensed to engage in the practice of medicine to be provided to the child where there is substantial risk of harm to the child's health or welfare if the treatment is not provided.

(c) A caretaker of a child with a disability does not violate this section by selecting a treatment option for a medical condition of a child with a disability, if the treatment option is one that a reasonable caretaker would believe to be in the best interest of the child with a disability.

CREDIT(S)

Laws 1988, c. 39, § 1; Laws 1993, c. 299, § 1; Laws 1995, c. 77, § 1, eff. May 1, 1995; Laws 1997, c. 303, § 3, eff. May 5, 1997; Laws 2005, c. 95, § 5, eff. May 2, 2005; Laws 2006, c. 75, § 15, eff. May 1, 2006; Laws 2008, c. 3, § 235, eff. Feb. 7, 2008; Laws 2009, c. 219, § 1, eff. May 12, 2009; Laws 2011, c. 366, § 162, eff. May 10, 2011.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-111

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 1. Assault and Related Offenses

§ 76-5-111. Abuse, neglect, or exploitation of a vulnerable adult--Penalties

(1) As used in this section:

(a) “Abandonment” means a knowing or intentional action or inaction, including desertion, by a person or entity acting as a caretaker for a vulnerable adult that leaves the vulnerable adult without the means or ability to obtain necessary food, clothing, shelter, or medical or other health care.

(b) “Abuse” means:

(i) attempting to cause harm, intentionally or knowingly causing harm, or intentionally or knowingly placing another in fear of imminent harm;

(ii) causing physical injury by knowing or intentional acts or omissions;

(iii) unreasonable or inappropriate use of physical restraint, medication, or isolation that causes or is likely to cause harm to a vulnerable adult that is in conflict with a physician's orders or used as an unauthorized substitute for treatment, unless that conduct furthers the health and safety of the adult; or

(iv) deprivation of life-sustaining treatment, except:

(A) as provided in Title 75, Chapter 2a, Advance Health Care Directive Act; or

(B) when informed consent, as defined in this section, has been obtained.

(c) “Business relationship” means a relationship between two or more individuals or entities where there exists an oral or written agreement for the exchange of goods or services.

(d)(i) “Caretaker” means any person, entity, corporation, or public institution that assumes the responsibility to provide a vulnerable adult with care, food, shelter, clothing, supervision, medical or other health care, or other necessities.

(ii) “Caretaker” includes a relative by blood or marriage, a household member, a person who is employed or who provides volunteer work, or a person who contracts or is under court order to provide care.

(e) “Deception” means:

(i) a misrepresentation or concealment:

(A) of a material fact relating to services rendered, disposition of property, or use of property intended to benefit a vulnerable adult;

(B) of the terms of a contract or agreement entered into with a vulnerable adult; or

(C) relating to the existing or preexisting condition of any property involved in a contract or agreement entered into with a vulnerable adult; or

(ii) the use or employment of any misrepresentation, false pretense, or false promise in order to induce, encourage, or solicit a vulnerable adult to enter into a contract or agreement.

(f) “Elder adult” means a person 65 years of age or older.

(g) “Endeavor” means to attempt or try.

(h) “Exploitation” means an offense described in Subsection (4)or Section 76-5b-202.

(i) “Harm” means pain, mental anguish, emotional distress, hurt, physical or psychological damage, physical injury, suffering, or distress inflicted knowingly or intentionally.

(j) “Informed consent” means:

(i) a written expression by the person or authorized by the person, stating that the person fully understands the potential risks and benefits of the withdrawal of food, water, medication, medical services, shelter, cooling, heating, or other services necessary to maintain minimum physical or mental health, and that the person desires that the services be withdrawn. A written expression is valid only if the person is of sound mind when the consent is given, and the consent is witnessed by at least two individuals who do not benefit from the withdrawal of services; or

(ii) consent to withdraw food, water, medication, medical services, shelter, cooling, heating, or other services necessary to maintain minimum physical or mental health, as permitted by court order.

(k) “Intimidation” means communication conveyed through verbal or nonverbal conduct which threatens deprivation of money, food, clothing, medicine, shelter, social interaction, supervision, health care, or companionship, or which threatens isolation or harm.

(l)(i) “Isolation” means knowingly or intentionally preventing a vulnerable adult from having contact with another person by:

(A) preventing the vulnerable adult from receiving visitors, mail, or telephone calls, contrary to the express wishes of the vulnerable adult, including communicating to a visitor that the vulnerable adult is not present or does not want to meet with or talk to the visitor, knowing that communication to be false;

(B) physically restraining the vulnerable adult in order to prevent the vulnerable adult from meeting with a visitor; or

(C) making false or misleading statements to the vulnerable adult in order to induce the vulnerable adult to refuse to receive communication from visitors or other family members.

(ii) The term “isolation” does not include an act intended to protect the physical or mental welfare of the vulnerable adult or an act performed pursuant to the treatment plan or instructions of a physician or other professional advisor of the vulnerable adult.

(m) “Lacks capacity to consent” means an impairment by reason of mental illness, developmental disability, organic brain disorder, physical illness or disability, chronic use of drugs, chronic intoxication, short-term memory loss, or other cause to the extent that a vulnerable adult lacks sufficient understanding of the nature or consequences of decisions concerning the adult's person or property.

(n) “Neglect” means:

(i) failure of a caretaker to provide nutrition, clothing, shelter, supervision, personal care, or dental or other health care, or failure to provide protection from health and safety hazards or maltreatment;

(ii) failure of a caretaker to provide care to a vulnerable adult in a timely manner and with the degree of care that a reasonable person in a like position would exercise;

(iii) a pattern of conduct by a caretaker, without the vulnerable adult's informed consent, resulting in deprivation of food, water, medication, health care, shelter, cooling, heating, or other services necessary to maintain the vulnerable adult's well being;

(iv) intentional failure by a caretaker to carry out a prescribed treatment plan that results or could result in physical injury or physical harm; or

(v) abandonment by a caretaker.

(o) “Physical injury” includes damage to any bodily tissue caused by nontherapeutic conduct, to the extent that the tissue must undergo a healing process in order to be restored to a sound and healthy condition, or damage to any bodily tissue to the extent that the tissue cannot be restored to a sound and healthy condition. “Physical injury” includes skin bruising, a dislocation, physical pain, illness, impairment of physical function, a pressure sore, bleeding, malnutrition, dehydration, a burn, a bone fracture, a subdural hematoma, soft tissue swelling, injury to any internal organ, or any other physical condition that imperils the health or welfare of the vulnerable adult and is not a serious physical injury as defined in this section.

(p) “Position of trust and confidence” means the position of a person who:

(i) is a parent, spouse, adult child, or other relative by blood or marriage of a vulnerable adult;

(ii) is a joint tenant or tenant in common with a vulnerable adult;

(iii) has a legal or fiduciary relationship with a vulnerable adult, including a court-appointed or voluntary guardian, trustee, attorney, or conservator; or

(iv) is a caretaker of a vulnerable adult.

(q) “Serious physical injury” means any physical injury or set of physical injuries that:

(i) seriously impairs a vulnerable adult's health;

(ii) was caused by use of a dangerous weapon as defined in Section 76-1-601;

(iii) involves physical torture or causes serious emotional harm to a vulnerable adult; or

(iv) creates a reasonable risk of death.

(r) “Undue influence” occurs when a person uses the person's role, relationship, or power to exploit, or knowingly assist or cause another to exploit, the trust, dependency, or fear of a vulnerable adult, or uses the person's role, relationship, or power to gain control deceptively over the decision making of the vulnerable adult.

(s) “Vulnerable adult” means an elder adult, or an adult 18 years of age or older who has a mental or physical impairment which substantially affects that person's ability to:

(i) provide personal protection;

(ii) provide necessities such as food, shelter, clothing, or medical or other health care;

(iii) obtain services necessary for health, safety, or welfare;

(iv) carry out the activities of daily living;

(v) manage the adult's own resources; or

(vi) comprehend the nature and consequences of remaining in a situation of abuse, neglect, or exploitation.

(2) Under any circumstances likely to produce death or serious physical injury, any person, including a caretaker, who causes a vulnerable adult to suffer serious physical injury or, having the care or custody of a vulnerable adult, causes or permits that adult's person or health to be injured, or causes or permits a vulnerable adult to be placed in a situation where the adult's person or health is endangered, is guilty of the offense of aggravated abuse of a vulnerable adult as follows:

(a) if done intentionally or knowingly, the offense is a second degree felony;

(b) if done recklessly, the offense is third degree felony; and

(3) Under circumstances other than those likely to produce death or serious physical injury any person, including a caretaker, who causes a vulnerable adult to suffer harm, abuse, or neglect; or, having the care or custody of a vulnerable adult, causes or permits that adult's person or health to be injured, abused, or neglected, or causes or permits a vulnerable adult to be placed in a situation where the adult's person or health is endangered, is guilty of the offense of abuse of a vulnerable adult as follows:

(a) if done intentionally or knowingly, the offense is a class A misdemeanor;

(b) if done recklessly, the offense is a class B misdemeanor; and

(4)(a) A person commits the offense of exploitation of a vulnerable adult when the person:

(i) is in a position of trust and confidence, or has a business relationship, with the vulnerable adult or has undue influence over the vulnerable adult and knowingly, by deception or intimidation, obtains or uses, or endeavors to obtain or use, the vulnerable adult's funds, credit, assets, or other property with the intent to temporarily or permanently deprive the vulnerable adult of the use, benefit, or possession of the adult's property, for the benefit of someone other than the vulnerable adult;

(ii) knows or should know that the vulnerable adult lacks the capacity to consent, and obtains or uses, or endeavors to obtain or use, or assists another in obtaining or using or endeavoring to obtain or use, the vulnerable adult's funds, assets, or property with the intent to temporarily or permanently deprive the vulnerable adult of the use, benefit, or possession of his property for the benefit of someone other than the vulnerable adult;

(iii) unjustly or improperly uses or manages the resources of a vulnerable adult for the profit or advantage of someone other than the vulnerable adult;

(iv) unjustly or improperly uses a vulnerable adult's power of attorney or guardianship for the profit or advantage of someone other than the vulnerable adult; or

(v) involves a vulnerable adult who lacks the capacity to consent in the facilitation or furtherance of any criminal activity.

(b) A person is guilty of the offense of exploitation of a vulnerable adult as follows:

(i) if done intentionally or knowingly and the aggregate value of the resources used or the profit made is or exceeds $5,000, the offense is a second degree felony;

(ii) if done intentionally or knowingly and the aggregate value of the resources used or the profit made is less than $5,000 or cannot be determined, the offense is a third degree felony;

(iii) if done recklessly, the offense is a class A misdemeanor; or

(iv) if done with criminal negligence, the offense is a class B misdemeanor.

(5) It does not constitute a defense to a prosecution for any violation of this section that the accused did not know the age of the victim.

(6) An adult is not considered abused, neglected, or a vulnerable adult for the reason that the adult has chosen to rely solely upon religious, nonmedical forms of healing in lieu of medical care.

CREDIT(S)

Laws 1996, c. 130, § 14, eff. April 29, 1996; Laws 1997, c. 289, § 6, eff. May 5, 1997; Laws 2002, c. 108, § 23, eff. May 6, 2002; Laws 2007, c. 31, § 26, eff. Jan. 1, 2008; Laws 2011, c. 320, § 11, eff. May 10, 2011.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-111.1

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 1. Assault and Related Offenses

§ 76-5-111.1. Reporting requirements--Investigation--Immunity--Violation--Penalty--Physician-patient privilege--Nonmedical healing

(1) As provided in Section 62A-3-305, any person who has reason to believe that any vulnerable adult has been the subject of abuse, neglect, or exploitation shall immediately notify the nearest peace officer, law enforcement agency, or Adult Protective Services intake within the Department of Human Services, Division of Aging and Adult Services.

(2) Anyone who makes that report in good faith to a law enforcement agency, the Division of Aging and Adult Services, or Adult Protective Services of suspected abuse, neglect, or exploitation is immune from civil and criminal liability in connection with the report or other notification.

(3)(a) When the initial report is made to a peace officer or law enforcement agency, the officer or law enforcement agency shall immediately notify Adult Protective Services intake. Adult Protective Services and law enforcement shall coordinate, as appropriate, their investigations and provide protection to the vulnerable adult as necessary.

(b) Adult Protective Services will notify the Long-Term Care Ombudsman, as defined in Section 62A-3-202, when the initial report to Adult Protective Services involves a resident of a long-term care facility as defined in Section 62A-3-202. The Long-Term Care Ombudsman and Adult Protective Services shall coordinate, as appropriate, in conducting their investigations.

(c) When the initial report or subsequent investigation by Adult Protective Services indicates that a criminal offense may have occurred against a vulnerable adult, Adult Protective Services shall immediately notify the nearest local law enforcement agency. That law enforcement agency shall initiate an investigation in cooperation with Adult Protective Services.

(4) A person who is required to report suspected abuse, neglect, or exploitation of a vulnerable adult under Subsection (1), and who willfully fails to do so, is guilty of a class B misdemeanor.

(5) Under circumstances not amounting to a violation of Section 76-8-508, a person who threatens, intimidates, or attempts to intimidate a vulnerable adult who is the subject of a report, a witness, the person who made the report, or any other person cooperating with an investigation conducted pursuant to this chapter is guilty of a class B misdemeanor.

(6) The physician-patient privilege does not constitute grounds for excluding evidence regarding a vulnerable adult's injuries, or the cause of those injuries, in any judicial or administrative proceeding resulting from a report made in good faith pursuant to this part.

(7) An adult is not considered abused, neglected, or a vulnerable adult for the reason that the adult has chosen to rely solely upon religious, nonmedical forms of healing in lieu of medical care.

CREDIT(S)

Laws 1996, c. 130, § 15, eff. April 29, 1996; Laws 2004, c. 50, § 1, eff. May 3, 2004.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-112

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 1. Assault and Related Offenses

§ 76-5-112. Reckless endangerment--Penalty

(1) A person commits reckless endangerment if, under circumstances not amounting to a felony offense, the person recklessly engages in conduct that creates a substantial risk of death or serious bodily injury to another person.

(2) Reckless endangerment is a class A misdemeanor.

CREDIT(S)

Laws 1999, c. 66, § 1, eff. May 3, 1999.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-112.5

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 1. Assault and Related Offenses

§ 76-5-112.5. Endangerment of a child or vulnerable adult

(1) As used in this section:

(a)(i) “Chemical substance” means:

(A) a substance intended to be used as a precursor in the manufacture of a controlled substance;

(B) a substance intended to be used in the manufacture of a controlled substance; or

(ii) Intent under this Subsection (1)(a) may be demonstrated by:

(A) the use, quantity, or manner of storage of the substance; or

(B) the proximity of the substance to other precursors or to manufacturing equipment.

(b) “Child” means a human being who is under 18 years of age.

(d) “Drug paraphernalia” is as defined in Section 58-37a-3.

(e) “Exposed to” means that the child or vulnerable adult:

(i) is able to access or view an unlawfully possessed:

(A) controlled substance; or

(B) chemical substance;

(ii) has the reasonable capacity to access drug paraphernalia; or

(iii) is able to smell an odor produced during, or as a result of, the manufacture or production of a controlled substance.

(f) “Prescription” is as defined in Section 58-37-2.

(g) “Vulnerable adult” is as defined in Subsection 76-5-111(1).

(2) Unless a greater penalty is otherwise provided by law:

(a) except as provided in Subsection (2)(b) or (c), a person is guilty of a felony of the third degree if the person knowingly or intentionally causes or permits a child or a vulnerable adult to be exposed to, inhale, ingest, or have contact with a controlled substance, chemical substance, or drug paraphernalia;

(b) except as provided in Subsection (2)(c), a person is guilty of a felony of the second degree, if:

(i) the person engages in the conduct described in Subsection (2)(a); and

(ii) as a result of the conduct described in Subsection (2)(a), a child or a vulnerable adult suffers bodily injury, substantial bodily injury, or serious bodily injury; or

(i) the person engages in the conduct described in Subsection (2)(a); and

(ii) as a result of the conduct described in Subsection (2)(a), a child or a vulnerable adult dies.

(3) It is an affirmative defense to a violation of this section that the controlled substance:

(a) was obtained by lawful prescription; and

(b) is used or possessed by the person to whom it was lawfully prescribed.

(4) The penalties described in this section are separate from, and in addition to, the penalties and enhancements described in Title 58, Occupations and Professions.

CREDIT(S)

Laws 2000, c. 187, § 2, eff. May 1, 2000; Laws 2002, c. 32, § 1, eff. May 6, 2002; Laws 2009, c. 153, § 2, eff. May 12, 2009; Laws 2011, c. 320, § 12, eff. May 10, 2011.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-113

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 1. Assault and Related Offenses

§ 76-5-113. Surreptitious administration of certain substances--Definitions--Penalties--Defenses

(1) As used in this section:

(a) “Administer” means the introduction of a substance into the body by injection, inhalation, ingestion, or by any other means.

(b) “Alcoholic beverage” has the same meaning as “alcoholic beverage” in Section 32B-1-102.

(d) “Controlled substance” has the same definition as in Section 58-37-2.

(e) “Deleterious substance” means a substance which, if administered, would likely cause bodily injury.

(f) “Poisonous” means a substance which, if administered, would likely cause serious bodily injury or death.

(g) “Prescription drug” has the same definition as in Section 58-17b-102.

(h) “Serious bodily injury” has the same definition as in Section 19-2-115.

(i) “Substance” means a controlled substance, poisonous substance, or deleterious substance as defined in this Subsection (1).

(2) In addition to any other offense the actor's conduct may constitute, it is a criminal offense for a person, surreptitiously or by means of fraud, deception, or misrepresentation, to cause another person to unknowingly consume or receive the administration of:

(a) any poisonous, deleterious, or controlled substance; or

(b) any alcoholic beverage.

(3) A violation of Subsection (2) is:

(a) a second degree felony if the substance is a poisonous substance, regardless of whether the substance is a controlled substance or a prescription drug;

(b) a third degree felony if the substance is not within the scope of Subsection (3)(a), and is a controlled substance or a prescription drug; and

(4)(a) It is an affirmative defense to a prosecution under Subsection (2) that the actor:

(i) provided the appropriate administration of a prescription drug; and

(ii) acted on the reasonable belief that the actor's conduct was in the best interest of the well-being of the person to whom the prescription drug was administered.

(b)(i) The defendant shall file and serve on the prosecuting attorney a notice in writing of the defendant's intention to claim a defense under Subsection (4)(a) not fewer than 20 days before the trial.

(ii) The notice shall specifically identify the factual basis for the defense and the names and addresses of the witnesses the defendant proposes to examine to establish the defense.

(c) The prosecuting attorney shall file and serve the defendant with a notice containing the names and addresses of the witnesses the prosecutor proposes to examine in order to contradict or rebut the defendant's claim of an affirmative defense under Subsection (4)(a). This notice shall be filed or served not more than 10 days after receipt of the defendant's notice under Subsection (4)(b), or at another time as the court may direct.

(d)(i) Failure of a party to comply with the requirements of Subsection (4)(b) or (4)(c) entitles the opposing party to a continuance to allow for preparation.

(ii) If the court finds that a party's failure to comply is the result of bad faith, it may impose appropriate sanctions.

(5) This section does not diminish the scope of authorized health care by a health care provider as defined in Section 26-23a-1.

CREDIT(S)

Laws 2001, c. 164, § 1, eff. April 30, 2001; Laws 2004, c. 280, § 60, eff. July 1, 2004; Laws 2008, c. 317, § 5, eff. May 5, 2008; Laws 2008, c. 391, § 60, eff. May 5, 2008; Laws 2010, c. 276, § 374, eff. July 1, 2011.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-201

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 2. Criminal Homicide

§ 76-5-201. Criminal homicide--Elements--Designations of offenses--Exceptions

(1)(a) Except as provided in Subsections (3) and (4), a person commits criminal homicide if the person intentionally, knowingly, recklessly, with criminal negligence, or acting with a mental state otherwise specified in the statute defining the offense, causes the death of another human being, including an unborn child at any stage of its development.

(b) There shall be no cause of action for criminal homicide for the death of an unborn child caused by an abortion, as defined in Section 76-7-301.

(2) Criminal homicide is aggravated murder, murder, manslaughter, child abuse homicide, homicide by assault, negligent homicide, or automobile homicide.

(3) A person is not guilty of criminal homicide of an unborn child if the sole reason for the death of the unborn child is that the person:

(a) refused to consent to:

(i) medical treatment; or

(ii) a cesarean section; or

(b) failed to follow medical advice.

(4) A woman is not guilty of criminal homicide of her own unborn child if the death of her unborn child:

(a) is caused by a criminally negligent act or reckless act of the woman; and

(b) is not caused by an intentional or knowing act of the woman.

CREDIT(S)

Laws 1973, c. 196, § 76-5-201; Laws 1983, c. 90, § 3; Laws 1983, c. 95, § 1; Laws 1991, c. 10, § 7; Laws 1991, 1st Sp.Sess., c. 2, § 1; Laws 1995, c. 291, § 6, eff. May 1, 1995; Laws 2002, c. 327, § 1, eff. May 6, 2002; Laws 2010, c. 13, § 1, eff. March 8, 2010.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-202

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 2. Criminal Homicide

§ 76-5-202. Aggravated murder

(1) Criminal homicide constitutes aggravated murder if the actor intentionally or knowingly causes the death of another under any of the following circumstances:

(a) the homicide was committed by a person who is confined in a jail or other correctional institution;

(b) the homicide was committed incident to one act, scheme, course of conduct, or criminal episode during which two or more persons were killed, or during which the actor attempted to kill one or more persons in addition to the victim who was killed;

(d) the homicide was committed incident to an act, scheme, course of conduct, or criminal episode during which the actor committed or attempted to commit aggravated robbery, robbery, rape, rape of a child, object rape, object rape of a child, forcible sodomy, sodomy upon a child, forcible sexual abuse, sexual abuse of a child, aggravated sexual abuse of a child, child abuse as defined in Subsection 76-5-109(2)(a), or aggravated sexual assault, aggravated arson, arson, aggravated burglary, burglary, aggravated kidnapping, or kidnapping, or child kidnapping;

(e) the homicide was committed incident to one act, scheme, course of conduct, or criminal episode during which the actor committed the crime of abuse or desecration of a dead human body as defined in Subsection 76-9-704(2)(e);

(f) the homicide was committed for the purpose of avoiding or preventing an arrest of the defendant or another by a peace officer acting under color of legal authority or for the purpose of effecting the defendant's or another's escape from lawful custody;

(g) the homicide was committed for pecuniary gain;

(h) the defendant committed, or engaged or employed another person to commit the homicide pursuant to an agreement or contract for remuneration or the promise of remuneration for commission of the homicide;

(i) the actor previously committed or was convicted of:

(i) aggravated murder under this section;

(ii) attempted aggravated murder under this section;

(iii) murder, Section 76-5-203;

(iv) attempted murder, Section 76-5-203; or

(v) an offense committed in another jurisdiction which if committed in this state would be a violation of a crime listed in this Subsection (1)(i);

(j) the actor was previously convicted of:

(i) aggravated assault, Subsection 76-5-103(2);

(ii) mayhem, Section 76-5-105;

(iii) kidnapping, Section 76-5-301;

(iv) child kidnapping, Section 76-5-301.1;

(v) aggravated kidnapping, Section 76-5-302;

(vi) rape, Section 76-5-402;

(vii) rape of a child, Section 76-5-402.1;

(viii) object rape, Section 76-5-402.2;

(ix) object rape of a child, Section 76-5-402.3;

(x) forcible sodomy, Section 76-5-403;

(xi) sodomy on a child, Section 76-5-403.1;

(xii) aggravated sexual abuse of a child, Section 76-5-404.1;

(xiii) aggravated sexual assault, Section 76-5-405;

(xiv) aggravated arson, Section 76-6-103;

(xv) aggravated burglary, Section 76-6-203;

(xvi) aggravated robbery, Section 76-6-302;

(xvii) felony discharge of a firearm, Section 76-10-508.1; or

(xviii) an offense committed in another jurisdiction which if committed in this state would be a violation of a crime listed in this Subsection (1)(j);

(k) the homicide was committed for the purpose of:

(i) preventing a witness from testifying;

(ii) preventing a person from providing evidence or participating in any legal proceedings or official investigation;

(iii) retaliating against a person for testifying, providing evidence, or participating in any legal proceedings or official investigation; or

(iv) disrupting or hindering any lawful governmental function or enforcement of laws;

(l) the victim is or has been a local, state, or federal public official, or a candidate for public office, and the homicide is based on, is caused by, or is related to that official position, act, capacity, or candidacy;

(m) the victim is or has been a peace officer, law enforcement officer, executive officer, prosecuting officer, jailer, prison official, firefighter, judge or other court official, juror, probation officer, or parole officer, and the victim is either on duty or the homicide is based on, is caused by, or is related to that official position, and the actor knew, or reasonably should have known, that the victim holds or has held that official position;

(n) the homicide was committed:

(i) by means of a destructive device, bomb, explosive, incendiary device, or similar device which was planted, hidden, or concealed in any place, area, dwelling, building, or structure, or was mailed or delivered; or

(ii) by means of any weapon of mass destruction as defined in Section 76-10-401;

(o) the homicide was committed during the act of unlawfully assuming control of any aircraft, train, or other public conveyance by use of threats or force with intent to obtain any valuable consideration for the release of the public conveyance or any passenger, crew member, or any other person aboard, or to direct the route or movement of the public conveyance or otherwise exert control over the public conveyance;

(p) the homicide was committed by means of the administration of a poison or of any lethal substance or of any substance administered in a lethal amount, dosage, or quantity;

(q) the victim was a person held or otherwise detained as a shield, hostage, or for ransom;

(r) the homicide was committed in an especially heinous, atrocious, cruel, or exceptionally depraved manner, any of which must be demonstrated by physical torture, serious physical abuse, or serious bodily injury of the victim before death;

(s) the actor dismembers, mutilates, or disfigures the victim's body, whether before or after death, in a manner demonstrating the actor's depravity of mind; or

(t) the victim, at the time of the death of the victim:

(i) was younger than 14 years of age; and

(ii) was not an unborn child.

(2) Criminal homicide constitutes aggravated murder if the actor, with reckless indifference to human life, causes the death of another incident to an act, scheme, course of conduct, or criminal episode during which the actor is a major participant in the commission or attempted commission of:

(a) child abuse, Subsection 76-5-109(2)(a);

(b) child kidnapping, Section 76-5-301.1;

(d) object rape of a child, Section 76-5-402.3;

(e) sodomy on a child, Section 76-5-403.1; or

(f) sexual abuse or aggravated sexual abuse of a child, Section 76-5-404.1.

(3)(a) If a notice of intent to seek the death penalty has been filed, aggravated murder is a capital felony.

(b) If a notice of intent to seek the death penalty has not been filed, aggravated murder is a noncapital first degree felony punishable as provided in Section 76-3-207.7.

(c)(i) Within 60 days after arraignment of the defendant, the prosecutor may file notice of intent to seek the death penalty. The notice shall be served on the defendant or defense counsel and filed with the court.

(ii) Notice of intent to seek the death penalty may be served and filed more than 60 days after the arraignment upon written stipulation of the parties or upon a finding by the court of good cause.

(d) Without the consent of the prosecutor, the court may not accept a plea of guilty to noncapital first degree felony aggravated murder during the period in which the prosecutor may file a notice of intent to seek the death penalty under Subsection (3)(c)(i).

(4)(a) It is an affirmative defense to a charge of aggravated murder or attempted aggravated murder that the defendant caused the death of another or attempted to cause the death of another under a reasonable belief that the circumstances provided a legal justification or excuse for the conduct although the conduct was not legally justifiable or excusable under the existing circumstances.

(b) The reasonable belief of the actor under Subsection (4)(a) shall be determined from the viewpoint of a reasonable person under the then existing circumstances.

(i) aggravated murder to murder; and

(ii) attempted aggravated murder to attempted murder.

(5)(a) Any aggravating circumstance described in Subsection (1) or (2) that constitutes a separate offense does not merge with the crime of aggravated murder.

(b) A person who is convicted of aggravated murder, based on an aggravating circumstance described in Subsection (1) or (2) that constitutes a separate offense, may also be convicted of, and punished for, the separate offense.

CREDIT(S)

Laws 1973, c. 196, § 76-5-201; Laws 1975, c. 53, § 1; Laws 1977, c. 83, § 1; Laws 1983, c. 88, § 12; Laws 1983, c. 93, § 1; Laws 1984, c. 18, § 5; Laws 1985, c. 16, § 1; Laws 1991, c. 10, § 8; Laws 1994, c. 149, § 1; Laws 1996, c. 137, § 3, eff. April 29, 1996; Laws 1997, c. 11, § 1, eff. May 5, 1997; Laws 1999, c. 90, § 1, eff. May 3, 1999; Laws 2000, c. 125, § 2, eff. May 1, 2000; Laws 2001, c. 209, § 9, eff. April 30, 2001; Laws 2002, c. 166, § 4, eff. May 6, 2002; Laws 2005, c. 143, § 1, eff. May 2, 2005; Laws 2006, c. 191, § 1, eff. May 1, 2006; Laws 2007, c. 275, § 3, eff. April 30, 2007; Laws 2007, c. 340, § 1, eff. April 30, 2007; Laws 2007, c. 345, § 1, eff. April 30, 2007; Laws 2008, c. 12, § 2, eff. Feb. 26, 2008; Laws 2009, c. 157, § 2, eff. May 12, 2009; Laws 2009, c. 206, § 1, eff. May 12, 2009; Laws 2010, c. 13, § 2, eff. March 8, 2010; Laws 2010, c. 373, § 2, eff. May 11, 2010.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-203

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 2. Criminal Homicide

§ 76-5-203. Murder

(1) As used in this section, “predicate offense” means:

(a) a clandestine drug lab violation under Section 58-37d-4 or 58-37d-5;

(b) child abuse, under Subsection 76-5-109(2)(a), when the victim is younger than 18 years of age;

(d) child kidnapping under Section 76-5-301.1;

(e) aggravated kidnapping under Section 76-5-302;

(f) rape of a child under Section 76-5-402.1;

(g) object rape of a child under Section 76-5-402.3;

(h) sodomy upon a child under Section 76-5-403.1;

(i) forcible sexual abuse under Section 76-5-404;

(j) sexual abuse of a child or aggravated sexual abuse of a child under Section 76-5-404.1;

(k) rape under Section 76-5-402;

(l) object rape under Section 76-5-402.2;

(m) forcible sodomy under Section 76-5-403;

(n) aggravated sexual assault under Section 76-5-405;

(o) arson under Section 76-6-102;

(p) aggravated arson under Section 76-6-103;

(q) burglary under Section 76-6-202;

(r) aggravated burglary under Section 76-6-203;

(s) robbery under Section 76-6-301;

(t) aggravated robbery under Section 76-6-302;

(u) escape or aggravated escape under Section 76-8-309; or

(v) a felony violation of Section 76-10-508 or 76-10-508.1 regarding discharge of a firearm or dangerous weapon.

(2) Criminal homicide constitutes murder if:

(a) the actor intentionally or knowingly causes the death of another;

(b) intending to cause serious bodily injury to another, the actor commits an act clearly dangerous to human life that causes the death of another;

(c) acting under circumstances evidencing a depraved indifference to human life, the actor knowingly engages in conduct which creates a grave risk of death to another and thereby causes the death of another;

(d)(i) the actor is engaged in the commission, attempted commission, or immediate flight from the commission or attempted commission of any predicate offense, or is a party to the predicate offense;

(ii) a person other than a party as defined in Section 76-2-202 is killed in the course of the commission, attempted commission, or immediate flight from the commission or attempted commission of any predicate offense; and

(iii) the actor acted with the intent required as an element of the predicate offense;

(e) the actor recklessly causes the death of a peace officer or military service member in uniform while in the commission or attempted commission of:

(i) an assault against a peace officer under Section 76-5-102.4;

(ii) interference with a peace officer while making a lawful arrest under Section 76-8-305 if the actor uses force against a peace officer; or

(iii) an assault against a military service member in uniform under Section 76-5-102.4;

(f) commits a homicide which would be aggravated murder, but the offense is reduced pursuant to Subsection 76-5-202(4); or

(g) the actor commits aggravated murder, but special mitigation is established under Section 76-5-205.5.

(3)(a) Murder is a first degree felony.

(b) A person who is convicted of murder shall be sentenced to imprisonment for an indeterminate term of not less than 15 years and which may be for life.

(4)(a) It is an affirmative defense to a charge of murder or attempted murder that the defendant caused the death of another or attempted to cause the death of another under a reasonable belief that the circumstances provided a legal justification or excuse for the conduct although the conduct was not legally justifiable or excusable under the existing circumstances.

(b) The reasonable belief of the actor under Subsection (4)(a) shall be determined from the viewpoint of a reasonable person under the then existing circumstances.

(i) murder to manslaughter; and

(ii) attempted murder to attempted manslaughter.

(5)(a) Any predicate offense described in Subsection (1) that constitutes a separate offense does not merge with the crime of murder.

(b) A person who is convicted of murder, based on a predicate offense described in Subsection (1) that constitutes a separate offense, may also be convicted of, and punished for, the separate offense.

CREDIT(S)

Laws 1973, c. 196, § 76-5-203; Laws 1975, c. 53, § 2; Laws 1977, c. 83, § 2; Laws 1979, c. 74, § 1; Laws 1986, c. 157, § 1; Laws 1990, c. 227, § 1; Laws 1991, c. 10, § 9; Laws 1996, c. 123, § 1, eff. April 29, 1996; Laws 1999, c. 2, § 2, eff. May 3, 1999; Laws 1999, c. 90, § 2, eff. May 3, 1999; Laws 2000, c. 101, § 1, eff. May 1, 2000; Laws 2000, c. 125, § 3, eff. May 1, 2000; Laws 2003, c. 146, § 1, eff. May 5, 2003; Laws 2006, c. 348, § 2, eff. May 1, 2006; Laws 2007, c. 340, § 2, eff. April 30, 2007; Laws 2008, c. 12, § 3, eff. Feb. 26, 2008; Laws 2008, c. 296, § 2, eff. May 5, 2008; Laws 2009, c. 125, § 2, eff. May 12, 2009; Laws 2009, c. 206, § 2, eff. May 12, 2009.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-204

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 2. Criminal Homicide

§ 76-5-204. Death of other than intended victim no defense

In any prosecution for criminal homicide, evidence that the actor caused the death of a person other than the intended victim shall not constitute a defense for any purpose to criminal homicide.

CREDIT(S)

Laws 1973, c. 196, § 76-5-204.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-205

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 2. Criminal Homicide

§ 76-5-205. Manslaughter

(1) Criminal homicide constitutes manslaughter if the actor:

(a) recklessly causes the death of another;

(b) commits a homicide which would be murder, but the offense is reduced pursuant to Subsection 76-5-203(4); or

(2) Manslaughter is a felony of the second degree.

(3)(a) In addition to the penalty provided under this section or any other section, a person who is convicted of violating this section shall have the person's driver license revoked under Section 53-3-220 if the death of another person results from driving a motor vehicle.

(b) The court shall forward the report of the conviction resulting from driving a motor vehicle to the Driver License Division in accordance with Section 53-3-218.

CREDIT(S)

Laws 1973, c. 196, § 76-5-205; Laws 1975, c. 53, § 3; Laws 1985, c. 177, § 1; Laws 1999, c. 2, § 3, eff. May 3, 1999; Laws 1999, c. 90, § 3, eff. May 3, 1999; Laws 2001, 1st Sp.Sess., c. 4, § 1, eff. July 5, 2001; Laws 2010, c. 157, § 3, eff. May 11, 2010.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-205.5

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 2. Criminal Homicide

§ 76-5-205.5. Special mitigation reducing the level of criminal homicide offense--Burden of proof--Application to reduce offense

(1) Special mitigation exists when the actor causes the death of another or attempts to cause the death of another:

(a)(i) under circumstances that are not legally justified, but the actor acts under a delusion attributable to a mental illness as defined in Section 76-2-305;

(ii) the nature of the delusion is such that, if the facts existed as the defendant believed them to be in the delusional state, those facts would provide a legal justification for the defendant's conduct; and

(iii) the defendant's actions, in light of the delusion, were reasonable from the objective viewpoint of a reasonable person; or

(b) under the influence of extreme emotional distress for which there is a reasonable explanation or excuse.

(2) A defendant who was under the influence of voluntarily consumed, injected, or ingested alcohol, controlled substances, or volatile substances at the time of the alleged offense may not claim mitigation of the offense under Subsection (1)(a) on the basis of mental illness if the alcohol or substance caused, triggered, or substantially contributed to the mental illness.

(3) Under Subsection (1)(b), emotional distress does not include:

(a) a condition resulting from mental illness as defined in Section 76-2-305; or

(b) distress that is substantially caused by the defendant's own conduct.

(4) The reasonableness of an explanation or excuse under Subsection (1)(b) shall be determined from the viewpoint of a reasonable person under the then existing circumstances.

(5)(a) If the trier of fact finds the elements of an offense as listed in Subsection (5)(b) are proven beyond a reasonable doubt, and also that the existence of special mitigation under this section is established by a preponderance of the evidence, it shall return a verdict on the reduced charge as provided in Subsection (5)(b).

(b) If under Subsection (5)(a) the offense is:

(i) aggravated murder, the defendant shall instead be found guilty of murder;

(ii) attempted aggravated murder, the defendant shall instead be found guilty of attempted murder;

(iii) murder, the defendant shall instead be found guilty of manslaughter; or

(iv) attempted murder, the defendant shall instead be found guilty of attempted manslaughter.

(6)(a) If a jury is the trier of fact, a unanimous vote of the jury is required to establish the existence of the special mitigation.

(b) If the jury does find special mitigation by a unanimous vote, it shall return a verdict on the reduced charge as provided in Subsection (5).

(c) If the jury finds by a unanimous vote that special mitigation has not been established, it shall convict the defendant of the greater offense for which the prosecution has established all the elements beyond a reasonable doubt.

(d) If the jury is unable to unanimously agree whether or not special mitigation has been established, the result is a hung jury.

(7)(a) If the issue of special mitigation is submitted to the trier of fact, it shall return a special verdict indicating whether the existence of special mitigation has been found.

(b) The trier of fact shall return the special verdict at the same time as the general verdict, to indicate the basis for its general verdict.

(8) Special mitigation under this section does not, in any case, reduce the level of an offense by more than one degree from that offense, the elements of which the evidence has established beyond a reasonable doubt.

CREDIT(S)

Laws 1999, c. 2, § 4, eff. May 3, 1999; Laws 2009, c. 206, § 3, eff. May 12, 2009.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-206

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 2. Criminal Homicide

§ 76-5-206. Negligent homicide

(1) Criminal homicide constitutes negligent homicide if the actor, acting with criminal negligence, causes the death of another.

(2) Negligent homicide is a class A misdemeanor.

(b) The court shall forward the report of the conviction to the Driver License Division in accordance with Section 53-3-218.

CREDIT(S)

Laws 1973, c. 196, § 76-5-206; Laws 2010, c. 157, § 4, eff. May 11, 2010.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-207

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 2. Criminal Homicide

§ 76-5-207. Automobile homicide

(1) As used in this section:

(a) “Drug” or “drugs” means:

(i) a controlled substance as defined in Section 58-37-2;

(ii) a drug as defined in Section 58-17b-102; or

(iii) any substance that, when knowingly, intentionally, or recklessly taken into the human body, can impair the ability of a person to safely operate a motor vehicle.

(b) “Motor vehicle” means any self-propelled vehicle and includes any automobile, truck, van, motorcycle, train, engine, watercraft, or aircraft.

(2)(a) Criminal homicide is automobile homicide, a third degree felony, if the person operates a motor vehicle in a negligent manner causing the death of another and:

(i) has sufficient alcohol in his body that a subsequent chemical test shows that the person has a blood or breath alcohol concentration of.08 grams or greater at the time of the test;

(ii) is under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to a degree that renders the person incapable of safely operating a vehicle; or

(iii) has a blood or breath alcohol concentration of.08 grams or greater at the time of operation.

(b) A conviction for a violation of this Subsection (2) is a second degree felony if it is subsequent to a conviction as defined in Subsection 41-6a-501(2).

(c) As used in this Subsection (2), “negligent” means simple negligence, the failure to exercise that degree of care that reasonable and prudent persons exercise under like or similar circumstances.

(3)(a) Criminal homicide is automobile homicide, a second degree felony, if the person operates a motor vehicle in a criminally negligent manner causing the death of another and:

(i) has sufficient alcohol in his body that a subsequent chemical test shows that the person has a blood or breath alcohol concentration of.08 grams or greater at the time of the test;

(ii) is under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to a degree that renders the person incapable of safely operating a vehicle; or

(iii) has a blood or breath alcohol concentration of.08 grams or greater at the time of operation.

(b) As used in this Subsection (3), “criminally negligent” means criminal negligence as defined by Subsection 76-2-103(4).

(4) The standards for chemical breath analysis as provided by Section 41-6a-515 and the provisions for the admissibility of chemical test results as provided by Section 41-6a-516 apply to determination and proof of blood alcohol content under this section.

(5) Calculations of blood or breath alcohol concentration under this section shall be made in accordance with Subsection 41-6a-502(1).

(6) The fact that a person charged with violating this section is or has been legally entitled to use alcohol or a drug is not a defense.

(7) Evidence of a defendant's blood or breath alcohol content or drug content is admissible except when prohibited by Rules of Evidence or the constitution.

(8) A person is guilty of a separate offense for each victim suffering bodily injury or serious bodily injury as a result of the person's violation of Section 41-6a-502 or death as a result of the person's violation of this section whether or not the injuries arise from the same episode of driving.

CREDIT(S)

Laws 1985, 1st Sp.Sess., c. 1, § 1; Laws 1988, c. 148, § 2; Laws 1993, c. 161, § 3; Laws 2002, c. 106, § 9, eff. May 6, 2002; Laws 2003, c. 10, § 2, eff. May 5, 2003; Laws 2004, c. 228, § 6, eff. May 3, 2004; Laws 2005, c. 2, § 301, eff. Feb. 2, 2005; Laws 2006, c. 341, § 8, eff. May 1, 2006; Laws 2008, c. 226, § 10, eff. July 1, 2008; Laws 2009, c. 214, § 4, eff. May 12, 2009.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-207.5

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 2. Criminal Homicide

§ 76-5-207.5. Automobile homicide involving using a handheld wireless communication device while driving

(1) As used in this section:

(a) “Criminally negligent” means criminal negligence as defined by Subsection 76-2-103(4).

(b) “Handheld wireless communication device” has the same meaning as defined in Section 41-6a-1716.

(c) “Motor vehicle” means any self-propelled vehicle and includes any automobile, truck, van, motorcycle, train, engine, watercraft, or aircraft.

(d) “Negligent” means simple negligence, the failure to exercise that degree of care that reasonable and prudent persons exercise under like or similar circumstances.

(2) Criminal homicide is automobile homicide, a third degree felony, if the person operates a moving motor vehicle in a negligent manner:

(a) while using a handheld wireless communication device in violation of Section 41-6a-1716; and

(b) causing the death of another person.

(3) Criminal homicide is automobile homicide, a second degree felony, if the person operates a moving motor vehicle in a criminally negligent manner:

(a) while using a handheld wireless communication device in violation of Section 41-6a-1716; and

(b) causing the death of another person.

CREDIT(S)

Laws 2009, c. 291, § 4, eff. May 12, 2009; Laws 2012, c. 193, § 2, eff. May 8, 2012.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-208

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 2. Criminal Homicide

§ 76-5-208. Child abuse homicide

(1) Criminal homicide constitutes child abuse homicide if, under circumstances not amounting to aggravated murder, as described in Section 76-5-202, the actor causes the death of a person under 18 years of age and the death results from child abuse, as defined in Subsection 76-5-109(1):

(a) if the child abuse is done recklessly under Subsection 76-5-109(2)(b);

(b) if the child abuse is done with criminal negligence under Subsection 76-5-109 (2)(c); or

(c) if, under circumstances not amounting to the type of child abuse homicide described in Subsection (1)(a), the child abuse is done intentionally, knowingly, recklessly, or with criminal negligence, under Subsection 76-5-109(3)(a), (b), or (c).

(2) Child abuse homicide as described in Subsection (1)(a) is a first degree felony.

(3) Child abuse homicide as described in Subsections (1)(b) and (c) is a second degree felony.

CREDIT(S)

Laws 1994, c. 65, § 1; Laws 1997, c. 303, § 4, eff. May 5, 1997; Laws 2000, c. 125, § 4, eff. May 1, 2000; Laws 2008, c. 152, § 1, eff. May 5, 2008.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-209

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 2. Criminal Homicide

§ 76-5-209. Homicide by assault--Penalty

(1) A person commits homicide by assault if, under circumstances not amounting to aggravated murder, murder, or manslaughter, a person causes the death of another while intentionally or knowingly attempting, with unlawful force or violence, to do bodily injury to another.

(2) Homicide by assault is a third degree felony.

CREDIT(S)

Laws 1995, c. 291, § 7, eff. May 1, 1995.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-301

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 3. Kidnapping, Trafficking, and Smuggling

§ 76-5-301. Kidnapping

(1) An actor commits kidnapping if the actor intentionally or knowingly, without authority of law, and against the will of the victim:

(a) detains or restrains the victim for any substantial period of time;

(b) detains or restrains the victim in circumstances exposing the victim to risk of bodily injury;

(d) detains or restrains a minor without the consent of the minor's parent or legal guardian or the consent of a person acting in loco parentis, if the minor is 14 years of age or older but younger than 18 years of age; or

(e) moves the victim any substantial distance or across a state line.

(2) As used in this section, acting “against the will of the victim” includes acting without the consent of the legal guardian or custodian of a victim who is a mentally incompetent person.

(3) Kidnapping is a second degree felony.

CREDIT(S)

Laws 1973, c. 196, § 76-5-301; Laws 1983, c. 88, § 13; Laws 2001, c. 301, § 2, eff. April 30, 2001.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-301.1

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 3. Kidnapping, Trafficking, and Smuggling

§ 76-5-301.1. Child kidnapping

(1) An actor commits child kidnapping if the actor intentionally or knowingly, without authority of law, and by any means and in any manner, seizes, confines, detains, or transports a child under the age of 14 without the consent of the victim's parent or guardian, or the consent of a person acting in loco parentis.

(2) Violation of Section 76-5-303 is not a violation of this section.

(3) Child kidnapping is a first degree felony punishable by a term of imprisonment of:

(a) except as provided in Subsection (3)(b), (3)(c), or (4), not less than 15 years and which may be for life;

(b) except as provided in Subsection (3)(c) or (4), life without parole, if the trier of fact finds that during the course of the commission of the child kidnapping the defendant caused serious bodily injury to another; or

(c) life without parole, if the trier of fact finds that at the time of the commission of the child kidnapping the defendant was previously convicted of a grievous sexual offense.

(4) If, when imposing a sentence under Subsection (3)(a) or (b), a court finds that a lesser term than the term described in Subsection (3)(a) or (b) is in the interests of justice and states the reasons for this finding on the record, the court may impose a term of imprisonment of not less than:

(a) for purposes of Subsection (3)(b), 15 years and which may be for life; or

(b) for purposes of Subsection (3)(a) or (b):

(i) 10 years and which may be for life; or

(ii) six years and which may be for life.

(5) The provisions of Subsection (4) do not apply when a person is sentenced under Subsection (3)(c).

(6) Imprisonment under this section is mandatory in accordance with Section 76-3-406.

CREDIT(S)

Laws 1983, c. 88, § 14; Laws 1984, c. 18, § 6; Laws 1995, c. 337, § 3, eff. May 1, 1995; Laws 1995, 1st Sp.Sess., c. 10, § 4, eff. April 29, 1996; Laws 1996, c. 40, § 5, eff. April 29, 1996; Laws 2001, c. 301, § 3, eff. April 30, 2001; Laws 2007, c. 339, § 10, eff. April 30, 2007.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-302

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 3. Kidnapping, Trafficking, and Smuggling

§ 76-5-302. Aggravated kidnapping

(1) An actor commits aggravated kidnapping if the actor, in the course of committing unlawful detention or kidnapping:

(a) possesses, uses, or threatens to use a dangerous weapon as defined in Section 76-1-601; or

(b) acts with intent:

(i) to hold the victim for ransom or reward, or as a shield or hostage, or to compel a third person to engage in particular conduct or to forbear from engaging in particular conduct;

(ii) to facilitate the commission, attempted commission, or flight after commission or attempted commission of a felony;

(iii) to hinder or delay the discovery of or reporting of a felony;

(iv) to inflict bodily injury on or to terrorize the victim or another;

(v) to interfere with the performance of any governmental or political function; or

(vi) to commit a sexual offense as described in Title 76, Chapter 5, Part 4, Sexual Offenses.

(2) As used in this section, “in the course of committing unlawful detention or kidnapping” means in the course of committing, attempting to commit, or in the immediate flight after the attempt or commission of a violation of:

(a) Section 76-5-301, kidnapping; or

(b) Section 76-5-304, unlawful detention.

(3) Aggravated kidnapping is a first degree felony punishable by a term of imprisonment of:

(a) except as provided in Subsection (3)(b), (3)(c), or (4), not less than 15 years and which may be for life;

(b) except as provided in Subsection (3)(c) or (4), life without parole, if the trier of fact finds that during the course of the commission of the aggravated kidnapping the defendant caused serious bodily injury to another; or

(c) life without parole, if the trier of fact finds that at the time of the commission of the aggravated kidnapping, the defendant was previously convicted of a grievous sexual offense.

(a) for purposes of Subsection (3)(b), 15 years and which may be for life; or

(b) for purposes of Subsection (3)(a) or (b):

(i) 10 years and which may be for life; or

(ii) six years and which may be for life.

(5) The provisions of Subsection (4) do not apply when a person is sentenced under Subsection (3)(c).

(6) Imprisonment under this section is mandatory in accordance with Section 76-3-406.

CREDIT(S)

Laws 1973, c. 196, § 76-5-302; Laws 1974, c. 32, § 12; Laws 1983, c. 88, § 15; Laws 1995, c. 337, § 4, eff. May 1, 1995; Laws 1995, 1st Sp.Sess., c. 10, § 5, eff. April 29, 1996; Laws 1996, c. 40, § 6, eff. April 29, 1996; Laws 1998, c. 69, § 2, eff. May 4, 1998; Laws 2001, c. 301, § 4, eff. April 30, 2001; Laws 2007, c. 339, § 11, eff. April 30, 2007.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-303

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 3. Kidnapping, Trafficking, and Smuggling

§ 76-5-303. Custodial interference

(1) As used in this section:

(a) “Child” means a person under the age of 18.

(b) “Custody” means court-ordered physical custody entered by a court of competent jurisdiction.

(2)(a) A person who is entitled to custody of a child is guilty of custodial interference if, during a period of time when another person is entitled to visitation of the child, the person takes, entices, conceals, detains, or withholds the child from the person entitled to visitation of the child, with the intent to interfere with the visitation of the child.

(b) A person who is entitled to visitation of a child is guilty of custodial interference if, during a period of time when the person is not entitled to visitation of the child, the person takes, entices, conceals, detains, or withholds the child from a person who is entitled to custody of the child, with the intent to interfere with the custody of the child.

(3) Except as provided in Subsection (4) or (5), custodial interference is a class B misdemeanor.

(4) Except as provided in Subsection (5), the actor described in Subsection (2) is guilty of a class A misdemeanor if the actor:

(a) commits custodial interference; and

(b) has been convicted of custodial interference at least twice in the two-year period immediately preceding the day on which the commission of custodial interference described in Subsection (4)(a) occurs.

(5) Custodial interference is a felony of the third degree if, during the course of the custodial interference, the actor described in Subsection (2) removes, causes the removal, or directs the removal of the child from the state.

(6) In addition to the affirmative defenses described in Section 76-5-305, it is an affirmative defense to the crime of custodial interference that:

(a) the action is consented to by the person whose custody or visitation of the child was interfered with; or

(b)(i) the action is based on a reasonable belief that the action is necessary to protect a child from abuse, including sexual abuse; and

(ii) before engaging in the action, the person reports the person's intention to engage in the action, and the basis for the belief described in Subsection (6)(b)(i), to the Division of Child and Family Services or law enforcement.

(7) In addition to the other penalties described in this section, a person who is convicted of custodial interference is subject to the driver license suspension provisions of Subsection 53-3-220(1)(a)(xviii).

CREDIT(S)

Laws 1973, c. 196, § 76-5-303; Laws 1979, c. 70, § 1; Laws 1984, c. 18, § 7; Laws 2001, c. 255, § 19, eff. April 30, 2001; Laws 2010, c. 374, § 2, eff. May 11, 2010.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-303.5

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 3. Kidnapping, Trafficking, and Smuggling

§ 76-5-303.5. Notification of conviction of custodial interference

(1) As used in this section:

(a) “Convicted” means that a person has received a conviction.

(b) “Conviction” is as defined in Section 53-3-102.

(2) If a person is convicted of custodial interference under Section 76-5-303, the court shall notify the Driver License Division, created in Section 53-3-103, of the conviction, and whether the conviction is for:

(a) a class B misdemeanor, under Subsection 76-5-303(3);

(b) a class A misdemeanor, under Subsection 76-5-303(4); or

CREDIT(S)

Laws 2010, c. 374, § 3, eff. May 11, 2010.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-304

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 3. Kidnapping, Trafficking, and Smuggling

§ 76-5-304. Unlawful detention and unlawful detention of a minor

(1) An actor commits unlawful detention if the actor intentionally or knowingly, without authority of law, and against the will of the victim, detains or restrains the victim under circumstances not constituting a violation of:

(a) kidnapping, Section 76-5-301;

(b) child kidnapping, Section 76-5-301.1; or

(2) An actor commits unlawful detention of a minor if the actor intentionally or knowingly, without authority of law, and against the will of the victim, coerces or exerts influence over the victim with the intent to cause the victim to remain with the actor for an unreasonable period of time under the circumstances, and:

(a) the act is under circumstances not constituting a violation of:

(i) kidnapping, Section 76-5-301;

(ii) child kidnapping, Section 76-5-301.1; or

(iii) aggravated kidnapping, Section 76-5-302; and

(b) the actor is at least four or more years older than the victim.

(3) As used in this section, acting “against the will of the victim” includes acting without the consent of the legal guardian or custodian of a victim who is:

(a) a mentally incompetent person; or

(b) a minor who is 14 or 15 years of age.

(4) Unlawful detention is a class B misdemeanor.

CREDIT(S)

Laws 1973, c. 196, § 76-5-304; Laws 2001, c. 301, § 5, eff. April 30, 2001; Laws 2012, c. 39, § 2, eff. May 8, 2012.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-305

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 3. Kidnapping, Trafficking, and Smuggling

§ 76-5-305. Defenses

It is a defense under this part that:

(1) the actor was acting under a reasonable belief that:

(a) the conduct was necessary to protect any person from imminent bodily injury or death; or

(b) the detention or restraint was authorized by law; or

(2) the alleged victim is younger than 18 years of age or is mentally incompetent, and the actor was acting under a reasonable belief that the custodian, guardian, legal guardian, custodial parent, or person acting in loco parentis to the victim would, if present, have consented to the actor's conduct.

CREDIT(S)

Laws 2001, c. 301, § 6, eff. April 30, 2001.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-306

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 3. Kidnapping, Trafficking, and Smuggling

§ 76-5-306. Lesser included offenses

In this part, the following offenses are lesser included offenses of Section 76-5-302, aggravated kidnapping:

(1) Section 76-5-301, kidnapping; and

(2) Section 76-5-304, unlawful detention or unlawful detention of a minor.

CREDIT(S)

Laws 2001, c. 301, § 7, eff. April 30, 2001; Laws 2012, c. 39, § 3, eff. May 8, 2012.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-307

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 3. Kidnapping, Trafficking, and Smuggling

§ 76-5-307. Definitions

As used in Sections 76-5-308 through 76-5-312 of this part:

(1) “Family member” means a person's parent, grandparent, sibling, or any other person related to the person by consanguinity or affinity to the second degree.

(2) “Smuggling of human beings” means the transportation or procurement of transportation for one or more persons by an actor who knows or has reason to know that the person or persons transported or to be transported are not:

(a) citizens of the United States;

(b) permanent resident aliens; or

CREDIT(S)

Laws 2008, c. 343, § 1, eff. May 5, 2008.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-308

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 3. Kidnapping, Trafficking, and Smuggling

§ 76-5-308. Human trafficking

(1) An actor commits human trafficking for forced labor or forced sexual exploitation if the actor recruits, harbors, transports, or obtains a person through the use of force, fraud, or coercion by means of:

(a) threatening serious harm to, or physical restraint against, that person or a third person;

(b) destroying, concealing, removing, confiscating, or possessing any passport, immigration document, or other government identification document;

(d) using a condition of a person being a debtor due to a pledge of the debtor's personal services or the personal services of a person under the control of the debtor as a security for debt where the reasonable value of the services is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined; or

(e) using a condition of servitude by means of any scheme, plan, or pattern intended to cause a person to believe that if the person did not enter into or continue in a condition of servitude, that person or a third person would suffer serious harm or physical restraint, or would be threatened with abuse of legal process.

(2)(a) Human trafficking for forced labor includes forced labor in industrial facilities, sweatshops, households, agricultural enterprises, and any other workplace.

(b) Human trafficking for forced sexual exploitation includes all forms of forced commercial sexual activity, including forced sexually explicit performance, forced prostitution, forced participation in the production of pornography, forced performance in strip clubs, and forced exotic dancing or display.

CREDIT(S)

Laws 2008, c. 343, § 2, eff. May 5, 2008.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-309

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 3. Kidnapping, Trafficking, and Smuggling

§ 76-5-309. Human trafficking and human smuggling--Penalties

(1) Human trafficking for forced labor and human trafficking for forced sexual exploitation are each a second degree felony, except under Section 76-5-310.

(2) Human smuggling of one or more human beings for profit or for a commercial purpose is a third degree felony, except under Section 76-5-310.

(3) Human trafficking and human smuggling are each a separate offense from any other crime committed in relationship to the commission of either of these offenses.

(4) A person who benefits financially or materially by receiving anything of value from knowing participation in:

(a) human trafficking is guilty of a second degree felony; and

(b) human smuggling is guilty of a third degree felony.

(5) A person commits a separate offense of human trafficking or human smuggling for each person who is smuggled or trafficked under Section 76-5-308 or 76-5-310.

CREDIT(S)

Laws 2008, c. 343, § 3, eff. May 5, 2008; Laws 2010, c. 126, § 1, eff. May 11, 2010.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-310

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 3. Kidnapping, Trafficking, and Smuggling

§ 76-5-310. Aggravated human trafficking and aggravated human smuggling--Penalties

(1) An actor commits aggravated human trafficking for forced labor or forced sexual exploitation or aggravated human smuggling if, in the course of committing a human trafficking or human smuggling offense under Section 76-5-309, the offense:

(a) results in the death of the trafficked or smuggled person;

(b) results in serious bodily injury of the trafficked or smuggled person;

(i) rape under Section 76-5-402;

(ii) rape of a child under Section 76-5-402.1;

(iii) object rape under Section 76-5-402.2;

(iv) object rape of a child under Section 76-5-402.3;

(v) forcible sodomy under Section 76-5-403;

(vi) sodomy on a child under Section 76-5-403.1;

(vii) aggravated sexual abuse of a child under Section 76-5-404.1; or

(viii) aggravated sexual assault under 76-5-405;

(d) involves more than 10 victims in a single episode of human trafficking or human smuggling; or

(e) involves a victim who is held against the victim's will for longer than 180 consecutive days.

(2) An actor commits aggravated human trafficking for forced labor or forced sexual exploitation if the offense involves a victim who is younger than 18 years of age at the time of the commission of the offense of trafficking.

(3) An actor commits aggravated human smuggling if the actor commits human smuggling under Subsection 76-5-309(2) and any human being whom the person engages in smuggling is:

(a) younger than 18 years of age; and

(b) not accompanied by a family member who is 18 years of age or older.

(4)(a) Aggravated human trafficking for forced labor or forced sexual exploitation and aggravated human smuggling for profit or commercial purposes are each a first degree felony.

(b) Aggravated human trafficking and aggravated human smuggling are each a separate offense from any other crime committed in relationship to the commission of either of these offenses.

CREDIT(S)

Laws 2008, c. 343, § 4, eff. May 5, 2008.

Current through 2012 Fourth Special Session.

U.C.A. 1953 T. 76, Ch. 5, Pt. 4, Refs & Annos

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person

Part 4. Sexual Offenses

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-401

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 4. Sexual Offenses (Refs & Annos)

§ 76-5-401. Unlawful sexual activity with a minor--Elements--Penalties--Evidence of age raised by defendant

(1) For purposes of this section “minor” is a person who is 14 years of age or older, but younger than 16 years of age, at the time the sexual activity described in this section occurred.

(2) A person commits unlawful sexual activity with a minor if, under circumstances not amounting to rape, in violation of Section 76-5-402, object rape, in violation of Section 76-5-402.2, forcible sodomy, in violation of Section 76-5-403, or aggravated sexual assault, in violation of Section 76-5-405, the actor:

(a) has sexual intercourse with the minor;

(b) engages in any sexual act with the minor involving the genitals of one person and the mouth or anus of another person, regardless of the sex of either participant; or

(c) causes the penetration, however slight, of the genital or anal opening of the minor by any foreign object, substance, instrument, or device, including a part of the human body, with the intent to cause substantial emotional or bodily pain to any person or with the intent to arouse or gratify the sexual desire of any person, regardless of the sex of any participant.

(3) A violation of Subsection (2) is a third degree felony unless the defendant establishes by a preponderance of the evidence the mitigating factor that the defendant is less than four years older than the minor at the time the sexual activity occurred, in which case it is a class B misdemeanor.

CREDIT(S)

Laws 1998 c. 82, § 1, eff. May 4, 1998.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-401.1

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 4. Sexual Offenses (Refs & Annos)

§ 76-5-401.1. Sexual abuse of a minor

(1) For purposes of this section “minor” is a person who is 14 years of age or older, but younger than 16 years of age, at the time the sexual activity described in this section occurred.

(2) A person commits sexual abuse of a minor if the person is seven years or more older than the minor and, under circumstances not amounting to rape, in violation of Section 76-5-402, object rape, in violation of Section 76-5-402.2, forcible sodomy, in violation of Section 76-5-403, aggravated sexual assault, in violation of Section 76-5-405, unlawful sexual activity with a minor, in violation of Section 76-5-401, or an attempt to commit any of those offenses, the person touches the anus, buttocks, or any part of the genitals of the minor, or touches the breast of a female minor, or otherwise takes indecent liberties with the minor, or causes a minor to take indecent liberties with the actor or another person, with the intent to cause substantial emotional or bodily pain to any person or with the intent to arouse or gratify the sexual desire of any person regardless of the sex of any participant.

(3) A violation of this section is a class A misdemeanor.

CREDIT(S)

Laws 1998, c. 82, § 2, eff. May 4, 1998.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-401.2

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 4. Sexual Offenses (Refs & Annos)

§ 76-5-401.2. Unlawful sexual conduct with a 16 or 17 year old

(1) As used in this section, “minor” means a person who is 16 years of age or older, but younger than 18 years of age, at the time the sexual conduct described in Subsection (2) occurred.

(2) A person commits unlawful sexual conduct with a minor if, under circumstances not amounting to an offense listed under Subsection (3), an actor who is 10 or more years older than the minor at the time of the sexual conduct:

(a) has sexual intercourse with the minor;

(b) engages in any sexual act with the minor involving the genitals of one person and the mouth or anus of another person, regardless of the sex of either participant;

(d) touches the anus, buttocks, or any part of the genitals of the minor, or touches the breast of a female minor, or otherwise takes indecent liberties with the minor, or causes a minor to take indecent liberties with the actor or another person, with the intent to cause substantial emotional or bodily pain to any person or with the intent to arouse or gratify the sexual desire of any person regardless of the sex of any participant.

(3) The offenses referred to in Subsection (2) are:

(a)(i) rape, in violation of Section 76-5-402;

(ii) object rape, in violation of Section 76-5-402.2;

(iii) forcible sodomy, in violation of Section 76-5-403;

(iv) forcible sexual abuse, in violation of Section 76-5-404; or

(v) aggravated sexual assault, in violation of Section 76-5-405; or

(b) an attempt to commit any offense under Subsection (3)(a).

(4) A violation of Subsection (2)(a), (b), or (c) is a third degree felony.

(5) A violation of Subsection (2)(d) is a class A misdemeanor.

CREDIT(S)

Laws 1998, c. 183, § 1, eff. May 4, 1998; Laws 2008, c. 275, § 1, eff. May 5, 2008.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-402

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 4. Sexual Offenses (Refs & Annos)

§ 76-5-402. Rape

(1) A person commits rape when the actor has sexual intercourse with another person without the victim's consent.

(2) This section applies whether or not the actor is married to the victim.

(3) Rape is a felony of the first degree, punishable by a term of imprisonment of:

(a) except as provided in Subsection (3)(b) or (c), not less than five years and which may be for life;

(b) except as provided in Subsection (3)(c) or (4), 15 years and which may be for life, if the trier of fact finds that during the course of the commission of the rape the defendant caused serious bodily injury to another; or

(c) life without parole, if the trier of fact finds that at the time of the commission of the rape the defendant was previously convicted of a grievous sexual offense.

(4) If, when imposing a sentence under Subsection (3)(b), a court finds that a lesser term than the term described in Subsection (3)(b) is in the interests of justice and states the reasons for this finding on the record, the court may impose a term of imprisonment of not less than:

(a) 10 years and which may be for life; or

(b) six years and which may be for life.

(5) The provisions of Subsection (4) do not apply when a person is sentenced under Subsection (3)(a) or (c).

(6) Imprisonment under Subsection (3)(b), (3)(c), or (4) is mandatory in accordance with Section 76-3-406.

CREDIT(S)

Laws 1977, c. 86, § 1; Laws 1979, c. 73, § 2; Laws 1983, c. 88, § 17; Laws 1991, c. 267, § 1; Laws 2007, c. 339, § 12, eff. April 30, 2007.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-402.1

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 4. Sexual Offenses (Refs & Annos)

§ 76-5-402.1. Rape of a child

(1) A person commits rape of a child when the person has sexual intercourse with a child who is under the age of 14.

(2) Rape of a child is a first degree felony punishable by a term of imprisonment of:

(a) except as provided in Subsection (2)(b), not less than 25 years and which may be for life; or

(b) life without parole, if the trier of fact finds that:

(i) during the course of the commission of the rape of a child, the defendant caused serious bodily injury to another; or

(ii) at the time of the commission of the rape of a child the defendant was previously convicted of a grievous sexual offense.

(3) Imprisonment under this section is mandatory in accordance with Section 76-3-406.

CREDIT(S)

Laws 1983, c. 88, § 18; Laws 1995, c. 337, § 5, eff. May 1, 1995; Laws 1995, 1st Sp.Sess., c. 10, § 6, eff. April 29, 1996; Laws 1996, c. 40, § 7, eff. April 29, 1996; Laws 2007, c. 339, § 13, eff. April 30, 2007; Laws 2008, c. 179, § 3, eff. May 5, 2008.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-402.2

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 4. Sexual Offenses (Refs & Annos)

§ 76-5-402.2. Object rape

(1) A person who, without the victim's consent, causes the penetration, however slight, of the genital or anal opening of another person who is 14 years of age or older, by any foreign object, substance, instrument, or device, including a part of the human body other than the mouth or genitals, with intent to cause substantial emotional or bodily pain to the victim or with the intent to arouse or gratify the sexual desire of any person, commits an offense which is a first degree felony, punishable by a term of imprisonment of:

(a) except as provided in Subsection (1)(b) or (c), not less than five years and which may be for life;

(b) except as provided in Subsection (1)(c) or (2), 15 years and which may be for life, if the trier of fact finds that during the course of the commission of the object rape the defendant caused serious bodily injury to another; or

(c) life without parole, if the trier of fact finds that at the time of the commission of the object rape, the defendant was previously convicted of a grievous sexual offense.

(2) If, when imposing a sentence under Subsection (1)(b), a court finds that a lesser term than the term described in Subsection (1)(b) is in the interests of justice and states the reasons for this finding on the record, the court may impose a term of imprisonment of not less than:

(a) 10 years and which may be for life; or

(b) six years and which may be for life.

(3) The provisions of Subsection (2) do not apply when a person is sentenced under Subsection (1)(a) or (c).

(4) Imprisonment under Subsection (1)(b), (1)(c), or (2) is mandatory in accordance with Section 76-3-406.

CREDIT(S)

Laws 1983, c. 88, § 19; Laws 1984, c. 18, § 8; Laws 2007, c. 339, § 14, eff. April 30, 2007; Laws 2008, c. 340, § 1, eff. May 5, 2008.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-402.3

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 4. Sexual Offenses (Refs & Annos)

§ 76-5-402.3. Object rape of a child--Penalty

(1) A person commits object rape of a child when the person causes the penetration or touching, however slight, of the genital or anal opening of a child who is under the age of 14 by any foreign object, substance, instrument, or device, not including a part of the human body, with intent to cause substantial emotional or bodily pain to the child or with the intent to arouse or gratify the sexual desire of any person.

(2) Object rape of a child is a first degree felony punishable by a term of imprisonment of:

(a) except as provided in Subsection (2)(b) not less than 25 years and which may be for life; or

(b) life without parole, if the trier of fact finds that:

(i) during the course of the commission of the object rape of a child the defendant caused serious bodily injury to another; or

(ii) at the time of the commission of the object rape of a child the defendant was previously convicted of a grievous sexual offense.

(3) Imprisonment under this section is mandatory in accordance with Section 76-3-406.

CREDIT(S)

Laws 1983, c. 88, § 20; Laws 1995, c. 337, § 6, eff. May 1, 1995; Laws 1995, 1st Sp.Sess., c. 10, § 7, eff. April 29, 1996; Laws 1996, c. 40, § 8, eff. April 29, 1996; Laws 2000, c. 128, § 1, eff. May 1, 2000; Laws 2007, c. 339, § 15, eff. April 30, 2007; Laws 2008, c. 179, § 4, eff. May 5, 2008.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-403

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 4. Sexual Offenses (Refs & Annos)

§ 76-5-403. Sodomy--Forcible sodomy

(1) A person commits sodomy when the actor engages in any sexual act with a person who is 14 years of age or older involving the genitals of one person and mouth or anus of another person, regardless of the sex of either participant.

(2) A person commits forcible sodomy when the actor commits sodomy upon another without the other's consent.

(3) Sodomy is a class B misdemeanor.

(4) Forcible sodomy is a felony of the first degree, punishable by a term of imprisonment of:

(a) except as provided in Subsection (4)(b) or (c), not less than five years and which may be for life;

(b) except as provided in Subsection (4)(c) or (5), 15 years and which may be for life, if the trier of fact finds that during the course of the commission of the forcible sodomy the defendant caused serious bodily injury to another; or

(c) life without parole, if the trier of fact finds that at the time of the commission of the forcible sodomy the defendant was previously convicted of a grievous sexual offense.

(5) If, when imposing a sentence under Subsection (4)(b), a court finds that a lesser term than the term described in Subsection (4)(b) is in the interests of justice and states the reasons for this finding on the record, the court may impose a term of imprisonment of not less than:

(a) 10 years and which may be for life; or

(b) six years and which may be for life.

(6) The provisions of Subsection (5) do not apply when a person is sentenced under Subsection (4)(a) or (c).

(7) Imprisonment under Subsection (4)(b), (4)(c), or (5) is mandatory in accordance with Section 76-3-406.

CREDIT(S)

Laws 1973, c. 196, § 76-5-403; Laws 1977, c. 86, § 2; Laws 1979, c. 73, § 3; Laws 1983, c. 88, § 21; Laws 2007, c. 339, § 16, eff. April 30, 2007.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-403.1

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 4. Sexual Offenses (Refs & Annos)

§ 76-5-403.1. Sodomy on a child

(1) A person commits sodomy upon a child if the actor engages in any sexual act upon or with a child who is under the age of 14, involving the genitals or anus of the actor or the child and the mouth or anus of either person, regardless of the sex of either participant.

(2) Sodomy upon a child is a first degree felony punishable by a term of imprisonment of:

(a) except as provided in Subsection (2)(b), not less than 25 years and which may be for life; or

(b) life without parole, if the trier of fact finds that:

(i) during the course of the commission of the sodomy upon a child the defendant caused serious bodily injury to another; or

(ii) at the time of the commission of the sodomy upon a child, the defendant was previously convicted of a grievous sexual offense.

(3) Imprisonment under this section is mandatory in accordance with Section 76-3-406.

CREDIT(S)

Laws 1983, c. 88, § 22; Laws 1988, c. 156, § 1; Laws 1995, c. 337, § 7, eff. May 1, 1995; Laws 1995, 1st Sp.Sess., c. 10, § 8, eff. April 29, 1996; Laws 1996, c. 40, § 9, eff. April 29, 1996; Laws 2007, c. 339, § 17, eff. April 30, 2007; Laws 2008, c. 179, § 5, eff. May 5, 2008.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-404

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 4. Sexual Offenses (Refs & Annos)

§ 76-5-404. Forcible sexual abuse

(1) A person commits forcible sexual abuse if the victim is 14 years of age or older and, under circumstances not amounting to rape, object rape, sodomy, or attempted rape or sodomy, the actor touches the anus, buttocks, or any part of the genitals of another, or touches the breast of a female, or otherwise takes indecent liberties with another, or causes another to take indecent liberties with the actor or another, with intent to cause substantial emotional or bodily pain to any person or with the intent to arouse or gratify the sexual desire of any person, without the consent of the other, regardless of the sex of any participant.

(2) Forcible sexual abuse is:

(a) except as provided in Subsection (2)(b), a felony of the second degree, punishable by a term of imprisonment of not less than one year nor more than 15 years; or

(b) except as provided in Subsection (3), a felony of the first degree, punishable by a term of imprisonment for 15 years and which may be for life, if the trier of fact finds that during the course of the commission of the forcible sexual abuse the defendant caused serious bodily injury to another.

(3) If, when imposing a sentence under Subsection (2)(b), a court finds that a lesser term than the term described in Subsection (2)(b) is in the interests of justice and states the reasons for this finding on the record, the court may impose a term of imprisonment of not less than:

(a) 10 years and which may be for life; or

(b) six years and which may be for life.

(4) Imprisonment under Subsection (2)(b) or (3) is mandatory in accordance with Section 76-3-406.

CREDIT(S)

Laws 1973, c. 196, § 76-5-404; Laws 1977, c. 86, § 3; Laws 1979, c. 73, § 4; Laws 1983, c. 88, § 23; Laws 1984, c. 18, § 9; Laws 2007, c. 339, § 18, eff. April 30, 2007; Laws 2010, c. 218, § 37, eff. May 11, 2010.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-404.1

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 4. Sexual Offenses (Refs & Annos)

§ 76-5-404.1. Sexual abuse of a child--Aggravated sexual abuse of a child

(1) As used in this section, “child” means a person under the age of 14.

(2) A person commits sexual abuse of a child if, under circumstances not amounting to rape of a child, object rape of a child, sodomy upon a child, or an attempt to commit any of these offenses, the actor touches the anus, buttocks, or genitalia of any child, the breast of a female child, or otherwise takes indecent liberties with a child, or causes a child to take indecent liberties with the actor or another with intent to cause substantial emotional or bodily pain to any person or with the intent to arouse or gratify the sexual desire of any person regardless of the sex of any participant.

(3) Sexual abuse of a child is punishable as a second degree felony.

(4) A person commits aggravated sexual abuse of a child when in conjunction with the offense described in Subsection (2) any of the following circumstances have been charged and admitted or found true in the action for the offense:

(a) the offense was committed by the use of a dangerous weapon as defined in Section 76-1-601, or by force, duress, violence, intimidation, coercion, menace, or threat of harm, or was committed during the course of a kidnaping;

(b) the accused caused bodily injury or severe psychological injury to the victim during or as a result of the offense;

(d) the accused used, showed, or displayed pornography or caused the victim to be photographed in a lewd condition during the course of the offense;

(e) the accused, prior to sentencing for this offense, was previously convicted of any felony, or of a misdemeanor involving a sexual offense;

(f) the accused committed the same or similar sexual act upon two or more victims at the same time or during the same course of conduct;

(g) the accused committed, in Utah or elsewhere, more than five separate acts, which if committed in Utah would constitute an offense described in this chapter, and were committed at the same time, or during the same course of conduct, or before or after the instant offense;

(h) the offense was committed by a person who occupied a position of special trust in relation to the victim; “position of special trust” means that position occupied by a person in a position of authority, who, by reason of that position is able to exercise undue influence over the victim, and includes, but is not limited to, a youth leader or recreational leader who is an adult, adult athletic manager, adult coach, teacher, counselor, religious leader, doctor, employer, foster parent, baby-sitter, adult scout leader, natural parent, stepparent, adoptive parent, legal guardian, grandparent, aunt, uncle, or adult cohabitant of a parent;

(i) the accused encouraged, aided, allowed, or benefitted from acts of prostitution or sexual acts by the victim with any other person, or sexual performance by the victim before any other person; or

(j) the accused caused the penetration, however slight, of the genital or anal opening of the child by any part or parts of the human body other than the genitals or mouth.

(5) Aggravated sexual abuse of a child is a first degree felony punishable by a term of imprisonment of:

(a) except as provided in Subsection (5)(b), (5)(c), or (6), not less than 15 years and which may be for life;

(b) except as provided in Subsection (5)(c) or (6), life without parole, if the trier of fact finds that during the course of the commission of the aggravated sexual abuse of a child the defendant caused serious bodily injury to another; or

(c) life without parole, if the trier of fact finds that at the time of the commission of the aggravated sexual abuse of a child, the defendant was previously convicted of a grievous sexual offense.

(6) If, when imposing a sentence under Subsection (5)(a) or (b), a court finds that a lesser term than the term described in Subsection (5)(a) or (b) is in the interests of justice and states the reasons for this finding on the record, the court may impose a term of imprisonment of not less than:

(a) for purposes of Subsection (5)(b), 15 years and which may be for life; or

(b) for purposes of Subsection (5)(a) or (b):

(i) 10 years and which may be for life; or

(ii) six years and which may be for life.

(7) The provisions of Subsection (6) do not apply when a person is sentenced under Subsection (5)(c).

(8) Imprisonment under this section is mandatory in accordance with Section 76-3-406.

CREDIT(S)

Laws 1983, c. 88, § 24; Laws 1984, c. 18, § 10; Laws 1989, c. 170, § 4; Laws 1995, c. 337, § 8, eff. May 1, 1995; Laws 1995, 1st Sp.Sess., c. 10, § 9, eff. April 29, 1996; Laws 1996, c. 40, § 10, eff. April 29, 1996; Laws 1998, c. 131, § 1, eff. May 4, 1998; Laws 2003, c. 149, § 3, eff. May 5, 2003; Laws 2007, c. 339, § 19, eff. April 30, 2007.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-405

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 4. Sexual Offenses (Refs & Annos)

§ 76-5-405. Aggravated sexual assault--Penalty

(1) A person commits aggravated sexual assault if:

(a) in the course of a rape, object rape, forcible sodomy, or forcible sexual abuse, the actor:

(i) uses, or threatens the victim with the use of, a dangerous weapon as defined in Section 76-1-601;

(ii) compels, or attempts to compel, the victim to submit to rape, object rape, forcible sodomy, or forcible sexual abuse, by threat of kidnaping, death, or serious bodily injury to be inflicted imminently on any person; or

(iii) is aided or abetted by one or more persons;

(b) in the course of an attempted rape, attempted object rape, or attempted forcible sodomy, the actor:

(i) causes serious bodily injury to any person;

(ii) uses, or threatens the victim with the use of, a dangerous weapon as defined in Section 76-1-601;

(iii) attempts to compel the victim to submit to rape, object rape, or forcible sodomy, by threat of kidnaping, death, or serious bodily injury to be inflicted imminently on any person; or

(iv) is aided or abetted by one or more persons; or

(i) causes serious bodily injury to any person;

(ii) uses, or threatens the victim with the use of, a dangerous weapon as defined in Section 76-1-601;

(iii) attempts to compel the victim to submit to forcible sexual abuse, by threat of kidnaping, death, or serious bodily injury to be inflicted imminently on any person; or

(iv) is aided or abetted by one or more persons.

(2) Aggravated sexual assault is a first degree felony, punishable by a term of imprisonment of:

(a) for an aggravated sexual assault described in Subsection (1)(a):

(i) except as provided in Subsection (2)(a)(ii) or (3)(a), not less than 15 years and which may be for life; or

(ii) life without parole, if the trier of fact finds that at the time of the commission of the aggravated sexual assault, the defendant was previously convicted of a grievous sexual offense;

(b) for an aggravated sexual assault described in Subsection (1)(b):

(i) except as provided in Subsection (2)(b)(ii) or (4)(a), not less than 10 years and which may be for life; or

(ii) life without parole, if the trier of fact finds that at the time of the commission of the aggravated sexual assault, the defendant was previously convicted of a grievous sexual offense; or

(i) except as provided in Subsection (2)(c)(ii) or (5)(a), not less than six years and which may be for life; or

(ii) life without parole, if the trier of fact finds that at the time of the commission of the aggravated sexual assault, the defendant was previously convicted of a grievous sexual offense.

(3)(a) If, when imposing a sentence under Subsection (2)(a)(i), a court finds that a lesser term than the term described in Subsection (2)(a)(i) is in the interests of justice and states the reasons for this finding on the record, the court may impose a term of imprisonment of not less than:

(i) 10 years and which may be for life; or

(ii) six years and which may be for life.

(b) The provisions of Subsection (3)(a) do not apply when a person is sentenced under Subsection (2) (a)(ii).

(4)(a) If, when imposing a sentence under Subsection (2)(b)(i), a court finds that a lesser term than the term described in Subsection (2)(b)(i) is in the interests of justice and states the reasons for this finding on the record, the court may impose a term of imprisonment of not less than six years and which may be for life.

(b) The provisions of Subsection (4)(a) do not apply when a person is sentenced under Subsection (2)(b)(ii).

(5)(a) If, when imposing a sentence under Subsection (2)(c)(i), a court finds that a lesser term than the term described in Subsection (2)(c)(i) is in the interests of justice and states the reasons for this finding on the record, the court may impose a term of imprisonment of not less than three years and which may be for life.

(b) The provisions of Subsection (5)(a) do not apply when a person is sentenced under Subsection (2)(c)(ii).

(6) Imprisonment under this section is mandatory in accordance with Section 76-3-406.

CREDIT(S)

Laws 1973, c. 196, § 76-5-405; Laws 1977, c. 86, § 4; Laws 1983, c. 88, § 25; Laws 1986, c. 31, § 1; Laws 1989, c. 170, § 5; Laws 1995, c. 337, § 9, eff. May 1, 1995; Laws 1995, 1st Sp.Sess., c. 10, § 10, eff. April 29, 1996; Laws 1996, c. 40, § 11, eff. April 29, 1996; Laws 1997, c. 289, § 7, eff. May 5, 1997; Laws 2007, c. 339, § 20, eff. April 30, 2007; Laws 2009, c. 176, § 1, eff. May 12, 2009.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-406

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 4. Sexual Offenses (Refs & Annos)

§ 76-5-406. Sexual offenses against the victim without consent of victim--Circumstances

An act of sexual intercourse, rape, attempted rape, rape of a child, attempted rape of a child, object rape, attempted object rape, object rape of a child, attempted object rape of a child, sodomy, attempted sodomy, forcible sodomy, attempted forcible sodomy, sodomy upon a child, attempted sodomy upon a child, forcible sexual abuse, attempted forcible sexual abuse, sexual abuse of a child, attempted sexual abuse of a child, aggravated sexual abuse of a child, attempted aggravated sexual abuse of a child, or simple sexual abuse is without consent of the victim under any of the following circumstances:

(1) the victim expresses lack of consent through words or conduct;

(2) the actor overcomes the victim through the actual application of physical force or violence;

(3) the actor is able to overcome the victim through concealment or by the element of surprise;

(4)(a)(i) the actor coerces the victim to submit by threatening to retaliate in the immediate future against the victim or any other person, and the victim perceives at the time that the actor has the ability to execute this threat; or

(ii) the actor coerces the victim to submit by threatening to retaliate in the future against the victim or any other person, and the victim believes at the time that the actor has the ability to execute this threat;

(b) as used in this Subsection (4) “to retaliate” includes but is not limited to threats of physical force, kidnaping, or extortion;

(5) the victim has not consented and the actor knows the victim is unconscious, unaware that the act is occurring, or physically unable to resist;

(6) the actor knows that as a result of mental disease or defect, the victim is at the time of the act incapable either of appraising the nature of the act or of resisting it;

(7) the actor knows that the victim submits or participates because the victim erroneously believes that the actor is the victim's spouse;

(8) the actor intentionally impaired the power of the victim to appraise or control his or her conduct by administering any substance without the victim's knowledge;

(9) the victim is younger than 14 years of age;

(10) the victim is younger than 18 years of age and at the time of the offense the actor was the victim's parent, stepparent, adoptive parent, or legal guardian or occupied a position of special trust in relation to the victim as defined in Subsection 76-5-404.1(4)(h);

(11) the victim is 14 years of age or older, but younger than 18 years of age, and the actor is more than three years older than the victim and entices or coerces the victim to submit or participate, under circumstances not amounting to the force or threat required under Subsection (2) or (4); or

(12) the actor is a health professional or religious counselor, as those terms are defined in this Subsection (12), the act is committed under the guise of providing professional diagnosis, counseling, or treatment, and at the time of the act the victim reasonably believed that the act was for medically or professionally appropriate diagnosis, counseling, or treatment to the extent that resistance by the victim could not reasonably be expected to have been manifested. For purposes of this Subsection (12):

(a) “health professional” means an individual who is licensed or who holds himself out to be licensed, or who otherwise provides professional physical or mental health services, diagnosis, treatment, or counseling including, but not limited to, a physician, osteopathic physician, nurse, dentist, physical therapist, chiropractor, mental health therapist, social service worker, clinical social worker, certified social worker, marriage and family therapist, professional counselor, psychiatrist, psychologist, psychiatric mental health nurse specialist, or substance abuse counselor; and

(b) “religious counselor” means a minister, priest, rabbi, bishop, or other recognized member of the clergy.

CREDIT(S)

Laws 1973, c. 196, § 76-5-406; Laws 1983, c. 88, § 26; Laws 1988, c. 156, § 2; Laws 1989, c. 259, § 1; Laws 1992, c. 64, § 1; Laws 1996, c. 137, § 4, eff. April 29, 1996; Laws 1998, c. 252, § 1, eff. May 4, 1998; Laws 2000, c. 129, § 1, eff. May 1, 2000; Laws 2003, c. 149, § 4, eff. May 5, 2003.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-406.3

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 4. Sexual Offenses (Refs & Annos)

§ 76-5-406.3. Applicability of sentencing provisions

A person convicted of a violation of Section 76-5-301.1, child kidnaping; Section 76-5-302, aggravated kidnaping; Section 76-5-402.1, rape of a child; Section 76-5-402.3, object rape of a child; Section 76-5-403.1, sodomy on a child; Section 76-5-404.1, aggravated sexual abuse of a child; or Section 76-5-405, aggravated sexual assault shall be sentenced as follows:

(1) If the person is sentenced prior to April 29, 1996, he shall be sentenced in accordance with the statutory provisions in effect prior to that date.

(2) If the person commits the crime and is sentenced on or after April 29, 1996, he shall be punished in accordance with the statutory provisions in effect after April 29, 1996.

(3) If the person commits the crime prior to April 29, 1996, but is sentenced on or after April 29, 1996, he shall be given the option prior to sentencing to proceed either under the law which was in effect at the time the offense was committed or the law which was in effect at the time of sentencing. If the person refuses to select, the court shall sentence the person in accordance with the law in effect at the time of sentencing. The provisions of Subsections 77-27-9(2)(a) and (b) apply to the sentence of any person who selects under this section to be sentenced in accordance with the law in effect prior to April 29, 1996.

CREDIT(S)

Laws 1996, c. 40, § 12, eff. April 29, 1996.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-406.5

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 4. Sexual Offenses (Refs & Annos)

§ 76-5-406.5. Circumstances required for probation or suspension of sentence for certain sex offenses against a child

(1) In a case involving a conviction for a violation of Section 76-5-402.1, rape of a child; Section 76-5-402.3, object rape of a child; Section 76-5-403.1, sodomy on a child; or any attempt to commit a felony under those sections or a conviction for a violation of Subsections 76-5-404.1(4) and (5), aggravated sexual abuse of a child, the court may suspend execution of sentence and consider probation to a residential sexual abuse treatment center only if all of the following circumstances are found by the court to be present and the court in its discretion, considering the circumstances of the offense, including the nature, frequency, and duration of the conduct, and considering the best interests of the public and the child victim, finds probation to a residential sexual abuse treatment center to be proper:

(a) the defendant did not use a weapon, force, violence, substantial duress or menace, or threat of harm, in committing the offense or before or after committing the offense, in an attempt to frighten the child victim or keep the child victim from reporting the offense;

(b) the defendant did not cause bodily injury to the child victim during or as a result of the offense and did not cause the child victim severe psychological harm;

(c) the defendant, prior to the offense, had not been convicted of any public offense in Utah or elsewhere involving sexual misconduct in the commission of the offense;

(d) the defendant did not commit an offense described in this Part 4, Sexual Offenses, against more than one child victim or victim, at the same time, or during the same course of conduct, or previous to or subsequent to the instant offense;

(e) the defendant did not use, show, or display pornography or create sexually-related photographs or tape recordings in the course of the offense;

(f) the defendant did not act in concert with another offender during the offense or knowingly commit the offense in the presence of a person other than the victim or with lewd intent to reveal the offense to another;

(g) the defendant did not encourage, aid, allow, or benefit from any act of prostitution or sexual act by the child victim with any other person or sexual performance by the child victim before any other person;

(h) the defendant admits the offense of which he has been convicted and has been accepted for mental health treatment in a residential sexual abuse treatment center that has been approved by the Department of Corrections under Subsection (3);

(i) rehabilitation of the defendant through treatment is probable, based upon evidence provided by a treatment professional who has been approved by the Department of Corrections under Subsection (3) and who has accepted the defendant for treatment;

(j) prior to being sentenced, the defendant has undergone a complete psychological evaluation conducted by a professional approved by the Department of Corrections and:

(i) the professional's opinion is that the defendant is not an exclusive pedophile and does not present an immediate and present danger to the community if released on probation and placed in a residential sexual abuse treatment center; and

(ii) the court accepts the opinion of the professional;

(k) if the offense is committed by a parent, stepparent, adoptive parent, or legal guardian of the child victim, the defendant shall, in addition to establishing all other conditions of this section, establish it is in the child victim's best interest that the defendant not be imprisoned, by presenting evidence provided by a treatment professional who:

(i) is treating the child victim and understands he will be treating the family as a whole; or

(ii) has assessed the child victim for purposes of treatment as ordered by the court based on a showing of good cause; and

(l) if probation is imposed, the defendant, as a condition of probation, may not reside in a home where children younger than 18 years of age reside for at least one year beginning with the commencement of treatment, and may not again take up residency in a home where children younger than 18 years of age reside during the period of probation until allowed to do so by order of the court.

(2) A term of incarceration of at least 90 days is to be served prior to treatment and continue until the time when bed space is available at a residential sexual abuse treatment center as provided under Subsection (3) and probation is to be imposed for up to a maximum of 10 years.

(3)(a) The Department of Corrections shall develop qualification criteria for the approval of the sexual abuse treatment programs and professionals under this section. The criteria shall include the screening criteria employed by the department for sexual offenders.

(b) The sexual abuse treatment program shall be at least one year in duration, shall be residential, and shall specifically address the sexual conduct for which the defendant was convicted.

(4) Establishment by the defendant of all the criteria of this section does not mandate the granting under this section of probation or modification of the sentence that would otherwise be imposed by Section 76-3-406 regarding sexual offenses against children. The court has discretion to deny the request based upon its consideration of the circumstances of the offense, including:

(a) the nature, frequency, and duration of the conduct;

(b) the effects of the conduct on any child victim involved;

(d) the characteristics of the defendant, including any risk the defendant presents to the public and specifically to children.

(5) The defendant has the burden to establish by a preponderance of evidence eligibility under all of the criteria of this section.

(6) If the court finds a defendant granted probation under this section fails to cooperate or succeed in treatment or violates probation to any substantial degree, the sentence previously imposed for the offense shall be immediately executed.

(7) The court shall enter written findings of fact regarding the conditions established by the defendant that justify the granting of probation under this section.

(8) In cases involving conviction of any sexual offense against a child other than those offenses provided in Subsection (1), the court shall consider the circumstances described in Subsection (1) as advisory in determining whether or not execution of sentence should be suspended and probation granted. The defendant is not required to satisfy all of those circumstances for eligibility pursuant to this Subsection (8).

CREDIT(S)

Laws 1983, c. 88, § 27; Laws 1984, c. 18, § 11; Laws 1986, c. 41, § 2; Laws 1991, c. 62, § 1; Laws 1994, c. 64, § 2; Laws 1995, c. 337, § 10, eff. May 1, 1995; Laws 1995, 1st Sp.Sess., c. 10, § 11, eff. April 29, 1996; Laws 1996, c. 40, § 13, eff. April 29, 1996; Laws 1998, c. 31, § 1, eff. May 4, 1998; Laws 2003, c. 149, § 5, eff. May 5, 2003; Laws 2004, c. 213, § 1, eff. May 3, 2004.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-407

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 4. Sexual Offenses (Refs & Annos)

§ 76-5-407. Applicability of part--“Penetration” or “touching” sufficient to constitute offense

(1) The provisions of this part do not apply to consensual conduct between persons married to each other.

(2) In any prosecution for:

(a) the following offenses, any sexual penetration, however slight, is sufficient to constitute the relevant element of the offense:

(i) unlawful sexual activity with a minor, a violation of Section 76-5-401, involving sexual intercourse;

(ii) unlawful sexual conduct with a 16 or 17 year old, a violation of Subsection 76-5-401.2, involving sexual intercourse; or

(iii) rape, a violation of Section 76-5-402; or

(b) the following offenses, any touching, however slight, is sufficient to constitute the relevant element of the offense:

(i) unlawful sexual activity with a minor, a violation of Section 76-5-401, involving acts of sodomy;

(ii) unlawful sexual conduct with a 16 or 17 year old, a violation of Section 76-5-401.2, involving acts of sodomy;

(iii) sodomy, a violation of Subsection 76-5-403(1);

(iv) forcible sodomy, a violation of Subsection 76-5-403(2);

(v) rape of a child, a violation of Section 76-5-402.1; or

(vi) object rape of a child, a violation of Section 76-5-402.3.

(3) In any prosecution for the following offenses, any touching, even if accomplished through clothing, is sufficient to constitute the relevant element of the offense:

(a) sodomy on a child, a violation of Section 76-5-403.1; or

(b) sexual abuse of a child or aggravated sexual abuse of a child, a violation of Section 76-5-404.1.

CREDIT(S)

Laws 1973, c. 196, § 76-5-407; Laws 1974, c. 32, § 13; Laws 1977, c. 86, § 5; Laws 1979, c. 73, § 5; Laws 1988, c. 181, § 1; Laws 1989, c. 255, § 1; Laws 1991, c. 267, § 2; Laws 1996, c. 137, § 5, eff. April 29, 1996; Laws 1999, c. 302, § 4, eff. May 3, 1999; Laws 2000, c. 128, § 2, eff. May 1, 2000.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-408

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 4. Sexual Offenses (Refs & Annos)

§ 76-5-408. Reserved

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-409

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 4. Sexual Offenses (Refs & Annos)

§ 76-5-409. Corroboration of admission by child's statement

(1) Notwithstanding any provision of law requiring corroboration of admissions or confessions, and notwithstanding any prohibition of hearsay evidence, a child's statement indicating in any manner the occurrence of the sexual offense involving the child is sufficient corroboration of the admission or the confession regardless of whether or not the child is available to testify regarding the offense.

(2) A child, for purposes of Subsection (1), is a person under the age of 14.

CREDIT(S)

Laws 1983, c. 88, § 28.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-410

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 4. Sexual Offenses (Refs & Annos)

§ 76-5-410. Child victim of sexual abuse as competent witness

A child victim of sexual abuse under the age of 10 is a competent witness and shall be allowed to testify without prior qualification in any judicial proceeding. The trier of fact shall determine the weight and credibility of the testimony.

CREDIT(S)

Laws 1983, c. 88, § 29; Laws 1985, c. 74, § 1.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-411

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 4. Sexual Offenses (Refs & Annos)

§ 76-5-411. Repealed by Laws 2009, c. 146, § 18, eff. May 12, 2009

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-412

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 4. Sexual Offenses (Refs & Annos)

§ 76-5-412. Custodial sexual relations--Custodial sexual misconduct--Definitions--Penalties--Defenses

(1) As used in this section:

(a) “Actor” means:

(i) a correctional officer, as defined in Section 53-13-104;

(ii) a law enforcement officer, as defined in Section 53-13-103; or

(iii) an employee of, or private provider or contractor for, the Department of Corrections or a county jail.

(b) “Person in custody” means a person, either an adult 18 years of age or older, or a minor younger than 18 years of age, who is:

(i) a prisoner, as defined in Section 76-5-101, and includes a prisoner who is in the custody of the Department of Corrections created under Section 64-13-2, but who is being housed at the Utah State Hospital established under Section 62A-15-601 or other medical facility;

(ii) under correctional supervision, such as at a work release facility or as a parolee or probationer; or

(iii) under lawful or unlawful arrest, either with or without a warrant.

(c) “Private provider or contractor” means any person or entity that contracts with the Department of Corrections or with a county jail to provide services or functions that are part of the operation of the Department of Corrections or a county jail under state or local law.

(2)(a) An actor commits custodial sexual relations if the actor commits any of the acts under Subsection (3):

(i) under circumstances not amounting to commission of, or an attempt to commit, an offense under Subsection (6); and

(ii)(A) the actor knows that the individual is a person in custody; or

(B) a reasonable person in the actor's position should have known under the circumstances that the individual was a person in custody.

(b) A violation of Subsection (2)(a) is a third degree felony, but if the person in custody is younger than 18 years of age, a violation of Subsection (2)(a) is a second degree felony.

(c) If the act committed under this Subsection (2) amounts to an offense subject to a greater penalty under another provision of state law than is provided under this Subsection (2), this Subsection (2) does not prohibit prosecution and sentencing for the more serious offense.

(3) Acts referred to in Subsection (2)(a) are:

(a) having sexual intercourse with a person in custody;

(b) engaging in any sexual act with a person in custody involving the genitals of one person and the mouth or anus of another person, regardless of the sex of either participant; or

(c) causing the penetration, however slight, of the genital or anal opening of a person in custody by any foreign object, substance, instrument, or device, including a part of the human body, with the intent to cause substantial emotional or bodily pain to any person, regardless of the sex of any participant.

(4)(a) An actor commits custodial sexual misconduct if the actor commits any of the acts under Subsection (5):

(i) under circumstances not amounting to commission of, or an attempt to commit, an offense under Subsection (6); and

(ii)(A) the actor knows that the individual is a person in custody; or

(B) a reasonable person in the actor's position should have known under the circumstances that the individual was a person in custody.

(b) A violation of Subsection (4)(a) is a class A misdemeanor, but if the person in custody is younger than 18 years of age, a violation of Subsection (4)(a) is a third degree felony.

(c) If the act committed under this Subsection (4) amounts to an offense subject to a greater penalty under another provision of state law than is provided under this Subsection (4), this Subsection (4) does not prohibit prosecution and sentencing for the more serious offense.

(5) Acts referred to in Subsection (4)(a) are the following acts when committed with the intent to cause substantial emotional or bodily pain to any person or with the intent to arouse or gratify the sexual desire of any person, regardless of the sex of any participant:

(a) touching the anus, buttocks, or any part of the genitals of a person in custody;

(b) touching the breast of a female person in custody;

(d) causing a person in custody to take indecent liberties with the actor or another person.

(6) The offenses referred to in Subsections (2)(a)(i) and (4)(a)(i) are:

(a) Section 76-5-401, unlawful sexual activity with a minor;

(b) Section 76-5-402, rape;

(d) Section 76-5-402.2, object rape;

(e) Section 76-5-402.3, object rape of a child;

(f) Section 76-5-403, forcible sodomy;

(g) Section 76-5-403.1, sodomy on a child;

(h) Section 76-5-404, forcible sexual abuse;

(i) Section 76-5-404.1, sexual abuse of a child or aggravated sexual abuse of a child; or

(j) Section 76-5-405, aggravated sexual assault.

(7)(a) It is not a defense to the commission of the offense of custodial sexual relations under Subsection (2) or custodial sexual misconduct under Subsection (4), or an attempt to commit either of these offenses, if the person in custody is younger than 18 years of age, that the actor:

(i) mistakenly believed the person in custody to be 18 years of age or older at the time of the alleged offense; or

(ii) was unaware of the true age of the person in custody.

(b) Consent of the person in custody is not a defense to any violation or attempted violation of Subsection (2) or (4).

(8) It is a defense that the commission by the actor of an act under Subsection (2) or (4) is the result of compulsion, as the defense is described in Subsection 76-2-302(1).

CREDIT(S)

Laws 2001, c. 35, § 1, eff. July 1, 2001; Laws 2002, 5th Sp.Sess., c. 8, § 128, eff. Sept. 8, 2002.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-413

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 4. Sexual Offenses (Refs & Annos)

§ 76-5-413. Custodial sexual relations or misconduct with youth receiving state services--Definitions--Penalties--Defenses

(1) As used in this section:

(a) “Actor” means:

(i) a person employed by the Department of Human Services, as created in Section 62A-1-102, or an employee of a private provider or contractor; or

(ii) a person employed by the juvenile court of the state, or an employee of a private provider or contractor.

(b) “Department” means the Department of Human Services created in Section 62A-1-102.

(d) “Private provider or contractor” means any person or entity that contracts with the:

(i) department to provide services or functions that are part of the operation of the department; or

(ii) juvenile court to provide services or functions that are part of the operation of the juvenile court.

(e) “Youth receiving state services” means a person:

(i) younger than 18 years of age, except as provided under Subsection (1)(e)(ii), who is:

(A) in the custody of the department under Subsection 78A-6-117(2)(c)(ii); or

(B) receiving services from any division of the department if any portion of the costs of these services is covered by public money as defined in Section 76-8-401; or

(ii) younger than 21 years of age who is:

(A) in the custody of the Division of Juvenile Justice Services, or the Division of Child and Family Services; or

(B) under the jurisdiction of the juvenile court.

(2)(a) An actor commits custodial sexual relations with a youth receiving state services if the actor commits any of the acts under Subsection (3):

(i) under circumstances not amounting to commission of, or an attempt to commit, an offense under Subsection (6); and

(ii)(A) the actor knows that the individual is a youth receiving state services; or

(B) a reasonable person in the actor's position should have known under the circumstances that the individual was a youth receiving state services.

(b) A violation of Subsection (2)(a) is a third degree felony, but if the youth receiving state services is younger than 18 years of age, a violation of Subsection (2)(a) is a second degree felony.

(3) Acts referred to in Subsection (2)(a) are:

(a) having sexual intercourse with a youth receiving state services;

(b) engaging in any sexual act with a youth receiving state services involving the genitals of one person and the mouth or anus of another person, regardless of the sex of either participant; or

(c) causing the penetration, however slight, of the genital or anal opening of a youth receiving state services by any foreign object, substance, instrument, or device, including a part of the human body, with the intent to cause substantial emotional or bodily pain to any person, regardless of the sex of any participant or with the intent to arouse or gratify the sexual desire of any person, regardless of the sex of any participant.

(4)(a) An actor commits custodial sexual misconduct with a youth receiving state services if the actor commits any of the acts under Subsection (5):

(i) under circumstances not amounting to commission of, or an attempt to commit, an offense under Subsection (6); and

(ii)(A) the actor knows that the individual is a youth receiving state services; or

(B) a reasonable person in the actor's position should have known under the circumstances that the individual was a youth receiving state services.

(b) A violation of Subsection (4)(a) is a class A misdemeanor, but if the youth receiving state services is younger than 18 years of age, a violation of Subsection (4)(a) is a third degree felony.

(a) touching the anus, buttocks, or any part of the genitals of a youth receiving state services;

(b) touching the breast of a female youth receiving state services;

(d) causing a youth receiving state services to take indecent liberties with the actor or another person.

(6) The offenses referred to in Subsections (2)(a)(i) and (4)(a)(i) are:

(a) Section 76-5-401, unlawful sexual activity with a minor;

(b) Section 76-5-402, rape;

(d) Section 76-5-402.2, object rape;

(e) Section 76-5-402.3, object rape of a child;

(f) Section 76-5-403, forcible sodomy;

(g) Section 76-5-403.1, sodomy on a child;

(h) Section 76-5-404, forcible sexual abuse;

(i) Section 76-5-404.1, sexual abuse of a child or aggravated sexual abuse of a child; or

(j) Section 76-5-405, aggravated sexual assault.

(7)(a) It is not a defense to the commission of the offense of custodial sexual relations with a youth receiving state services under Subsection (2) or custodial sexual misconduct with a youth receiving state services under Subsection (4), or an attempt to commit either of these offenses, if the youth receiving state services is younger than 18 years of age, that the actor:

(i) mistakenly believed the youth receiving state services to be 18 years of age or older at the time of the alleged offense; or

(ii) was unaware of the true age of the youth receiving state services.

(b) Consent of the youth receiving state services is not a defense to any violation or attempted violation of Subsection (2) or (4).

(8) It is a defense that the commission by the actor of an act under Subsection (2) or (4) is the result of compulsion, as the defense is described in Subsection 76-2-302(1).

CREDIT(S)

Laws 2002, c. 280, § 1, eff. July 1, 2002; Laws 2003, c. 171, § 35, eff. July 1, 2004; Laws 2008, c. 3, § 236, eff. Feb. 7, 2008.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-501

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 5. HIV Testing--Sexual Offenders and Victims

§ 76-5-501. Definitions

For purposes of this part:

(1) “Alleged sexual offender” means a person or a minor regarding whom an indictment, petition, or an information has been filed or an arrest has been made alleging the commission of a sexual offense or an attempted sexual offense under Title 76, Chapter 5, Part 4, Sexual Offenses, and regarding which:

(a) a judge has signed an accompanying arrest warrant, pickup order, or any other order based upon probable cause regarding the alleged offense; and

(b) the judge has found probable cause to believe that the alleged victim has been exposed to HIV infection as a result of the alleged offense.

(2) “Department of Health” means the state Department of Health as defined in Section 26-1-2.

(3) “HIV infection” means an indication of Human Immunodeficiency Virus (HIV) infection determined by current medical standards and detected by any of the following:

(a) presence of antibodies to HIV, verified by a positive “confirmatory” test, such as Western blot or other method approved by the Utah State Health Laboratory. Western blot interpretation will be based on criteria currently recommended by the Association of State and Territorial Public Health Laboratory Directors;

(b) presence of HIV antigen;

(d) demonstration of HIV proviral DNA.

(4) “HIV positive individual” means a person who is HIV positive as determined by the State Health Laboratory.

(5) “Local department of health” means the department as defined in Subsection 26A-1-102 (5).

(6) “Minor” means a person younger than 18 years of age.

(7) “Positive” means an indication of the HIV infection as defined in Subsection (3).

(8) “Sexual offense” means a violation of state law prohibiting a sexual offense under Title 76, Chapter 5, Part 4, Sexual Offenses.

(9) “Test” or “testing” means a test or tests for HIV infection conducted by and in accordance with standards recommended by the Department of Health.

CREDIT(S)

Laws 1993, c. 40, § 3; Laws 2011, c. 177, § 3, eff. May 10, 2011.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-502

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 5. HIV Testing--Sexual Offenders and Victims

§ 76-5-502. Request for testing--Mandatory testing--Liability for costs

(1)(a) An alleged victim of the sexual offense, the parent or guardian of an alleged victim who is a minor, or the guardian of an alleged victim who is a vulnerable adult as defined in Section 62A-3-301 may request that the alleged sexual offender against whom the indictment, information, or petition is filed or regarding whom the arrest has been made be tested to determine whether the alleged offender is an HIV positive individual.

(b) If the alleged victim under Subsection (1)(a) has requested that the alleged offender be tested, the alleged offender shall submit to being tested not later than 48 hours after an information or indictment is filed or an order requiring a test is signed.

(c) If the alleged victim under Subsection (1)(a) requests that the alleged offender be tested more than 48 hours after an information or indictment is filed, the offender shall submit to being tested not later than 24 hours after the request is made.

(d) As soon as practicable, the results of the test conducted pursuant to this section shall be provided to:

(i) the alleged victim who requested the test;

(ii) the parent or guardian of the alleged victim, if the alleged victim is a minor;

(iii) the legal guardian of the alleged victim if the victim is a vulnerable adult as defined in Section 62A-3-301;

(iv) the alleged offender; and

(v) the parent or legal guardian of the alleged offender, if the offender is a minor.

(e) If follow-up testing is medically indicated, the results of follow-up testing of the defendant shall be sent as soon as practicable to:

(i) the alleged victim;

(ii) the parent or guardian of the alleged victim if the alleged victim is younger than 18 years of age;

(iii) the legal guardian of the alleged victim, if the victim is a vulnerable adult as defined in Section 62A-3-301;

(iv) the alleged offender; and

(v) the parent or legal guardian of the alleged offender, if the offender is a minor.

(2) If the mandatory test has not been conducted, and the alleged offender or alleged minor offender is already confined in a county jail, state prison, or a secure youth corrections facility, the alleged offender shall be tested while in confinement.

(3) The secure youth corrections facility or county jail shall cause the blood specimen of the alleged offender under Subsection (1) confined in that facility to be taken and shall forward the specimen to the Department of Health.

(4) The Department of Corrections shall cause the blood specimen of the alleged offender defined in Subsection (1) confined in any state prison to be taken and shall forward the specimen to the Department of Health as provided in Section 64-13-36.

(5) The alleged offender who is tested is responsible upon conviction for the costs of testing, unless the alleged offender is indigent. The costs will then be paid by the Department of Health from the General Fund.

CREDIT(S)

Laws 1993, c. 40, § 4; Laws 2011, c. 177, § 4, eff. May 10, 2011.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-503

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 5. HIV Testing--Sexual Offenders and Victims

§ 76-5-503. Voluntary testing--Victim to request--Costs paid by Utah Office for Victims of Crime

(1) A victim or minor victim of a sexual offense as provided under Title 76, Chapter 5, Part 4, may request a test for the HIV infection.

(2)(a) The local health department shall obtain the blood specimen from the victim and forward the specimen to the Department of Health.

(b) The Department of Health shall analyze the specimen of the victim.

(3) The testing shall consist of a base-line test of the victim at the time immediately or as soon as possible after the alleged occurrence of the sexual offense. If the base-line test result is not positive, follow-up testing shall occur at three months and six months after the alleged occurrence of the sexual offense.

(4) The Crime Victim Reparations Fund shall pay for the costs of the victim testing if the victim provides a substantiated claim of the sexual offense, does not test HIV positive at the base-line testing phase, and complies with eligibility criteria established by the Utah Office for Victims of Crime.

CREDIT(S)

Laws 1993, c. 40, § 5; Laws 2011, c. 131, § 19, eff. May 10, 2011.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5-504

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person (Refs & Annos)

Part 5. HIV Testing--Sexual Offenders and Victims

§ 76-5-504. Victim notification and counseling

(1)(a) The Department of Health shall provide the victim who requests testing of the alleged sexual offender's human immunodeficiency virus status counseling regarding HIV disease and referral for appropriate health care and support services.

(b) If the local health department in whose jurisdiction the victim resides and the Department of Health agree, the Department of Health shall forward a report of the alleged sexual offender's human immunodeficiency virus status to the local health department and the local health department shall provide the victim who requests the test with the test results, counseling regarding HIV disease, and referral for appropriate health care and support services.

(2) Notwithstanding the provisions of Section 26-6-27, the Department of Health and a local health department acting pursuant to an agreement made under Subsection (1) may disclose to the victim the results of the alleged sexual offender's human immunodeficiency virus status as provided in this section.

CREDIT(S)

Laws 1993, c. 40, § 6; Laws 1997, c. 10, § 130, eff. May 5, 1997; Laws 2011, c. 177, § 5, eff. May 10, 2011.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5a-1

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5A. Sexual Exploitation of Children [Renumbered]

§ 76-5a-1. Renumbered as § 76-5b-102 by Laws 2011, c. 320, § 14, eff. May 10, 2011

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5a-2

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5A. Sexual Exploitation of Children [Renumbered]

§ 76-5a-2. Renumbered as § 76-5b-103 by Laws 2011, c. 320, § 15, eff. May 10, 2011

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5a-3

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5A. Sexual Exploitation of Children [Renumbered]

§ 76-5a-3. Renumbered as § 76-5b-201 by Laws 2011, c. 320, § 16, eff. May 10, 2011

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5a-4

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5A. Sexual Exploitation of Children [Renumbered]

§ 76-5a-4. Renumbered as § 76-5b-301 by Laws 2011, c. 320, § 18, eff. May 10, 2011

Current through 2012 Fourth Special Session.

U.C.A. 1953 T. 76, Ch. 5b, Refs & Annos

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5B. Sexual Exploitation Act

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5b-101

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5B. Sexual Exploitation Act (Refs & Annos)

Part 1. General Provisions

§ 76-5b-101. Title

This chapter is known as the “Sexual Exploitation Act.”

CREDIT(S)

Laws 2011, c. 320, § 13, eff. May 10, 2011.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5b-102

Formerly cited as UT ST § 76-5a-1

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5B. Sexual Exploitation Act (Refs & Annos)

Part 1. General Provisions

§ 76-5b-102. Legislative determinations--Purpose of chapter

(1) The Legislature of Utah determines that:

(a) the sexual exploitation of a minor is excessively harmful to the minor's physiological, emotional, social, and mental development;

(b) the sexual exploitation of a vulnerable adult who lacks the capacity to consent to sexual exploitation can result in excessive harm to the vulnerable adult's physiological, emotional, and social well-being;

(d) regardless of whether it is classified as legally obscene, material that sexually exploits a minor, or a vulnerable adult who does not have the capacity to consent to sexual exploitation, is not protected by the First Amendment of the United States Constitution or by the First or Fifteenth sections of Article I of the Utah Constitution and may be prohibited; and

(e) prohibition of and punishment for the distribution, possession, possession with intent to distribute, and production of materials that sexually exploit a minor, or a vulnerable adult who lacks the capacity to consent to sexual exploitation, is necessary and justified to eliminate the market for those materials and to reduce the harm to the minor or vulnerable adult inherent in the perpetuation of the record of the minor's or vulnerable adult's sexually exploitive activities.

(2) It is the purpose of this chapter to prohibit the production, possession, possession with intent to distribute, and distribution of materials that sexually exploit a minor, or a vulnerable adult who lacks capacity to consent to sexual exploitation, regardless of whether the materials are classified as legally obscene.

CREDIT(S)

Laws 2011, c. 320, § 14, eff. May 10, 2011.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5b-103

Formerly cited as UT ST 76-5a-2

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5B. Sexual Exploitation Act (Refs & Annos)

Part 1. General Provisions

§ 76-5b-103. Definitions

As used in this chapter:

(1) “Child pornography” means any visual depiction, including any live performance, photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where:

(a) the production of the visual depiction involves the use of a minor engaging in sexually explicit conduct;

(b) the visual depiction is of a minor engaging in sexually explicit conduct; or

(c) the visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct.

(2) “Distribute” means the selling, exhibiting, displaying, wholesaling, retailing, providing, giving, granting admission to, or otherwise transferring or presenting child pornography or vulnerable adult pornography with or without consideration.

(3) “Identifiable minor” means a person:

(a)(i) who was a minor at the time the visual depiction was created, adapted, or modified; or

(ii) whose image as a minor was used in creating, adapting, or modifying the visual depiction; and

(b) who is recognizable as an actual person by the person's face, likeness, or other distinguishing characteristic, such as a birthmark, or other recognizable feature.

(4) “Identifiable vulnerable adult” means a person:

(a)(i) who was a vulnerable adult at the time the visual depiction was created, adapted, or modified; or

(ii) whose image as a vulnerable adult was used in creating, adapting, or modifying the visual depiction; and

(b) who is recognizable as an actual person by the person's face, likeness, or other distinguishing characteristic, such as a birthmark, or other recognizable feature.

(5) “Lacks capacity to consent” is as defined in Subsection 76-5-111(1).

(6) “Live performance” means any act, play, dance, pantomime, song, or other activity performed by live actors in person.

(7) “Minor” means a person younger than 18 years of age.

(8) “Nudity or partial nudity” means any state of dress or undress in which the human genitals, pubic region, buttocks, or the female breast, at a point below the top of the areola, is less than completely and opaquely covered.

(9) “Produce” means:

(a) the photographing, filming, taping, directing, producing, creating, designing, or composing of child pornography or vulnerable adult pornography; or

(b) the securing or hiring of persons to engage in the photographing, filming, taping, directing, producing, creating, designing, or composing of child pornography or vulnerable adult pornography.

(10) “Sexually explicit conduct” means actual or simulated:

(a) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;

(b) masturbation;

(d) sadistic or masochistic activities;

(e) lascivious exhibition of the genitals or pubic area of any person;

(f) the visual depiction of nudity or partial nudity for the purpose of causing sexual arousal of any person;

(g) the fondling or touching of the genitals, pubic region, buttocks, or female breast; or

(h) the explicit representation of the defecation or urination functions.

(11) “Simulated sexually explicit conduct” means a feigned or pretended act of sexually explicit conduct which duplicates, within the perception of an average person, the appearance of an actual act of sexually explicit conduct.

(12) “Vulnerable adult” is as defined in Subsection 76-5-111(1).

(13) “Vulnerable adult pornography” means any visual depiction, including any live performance, photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where:

(a) the production of the visual depiction involves the use of a vulnerable adult engaging in sexually explicit conduct;

(b) the visual depiction is of a vulnerable adult engaging in sexually explicit conduct; or

(c) the visual depiction has been created, adapted, or modified to appear that an identifiable vulnerable adult is engaging in sexually explicit conduct.

CREDIT(S)

Laws 2011, c. 320, § 15, eff. May 10, 2011.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5b-201

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5B. Sexual Exploitation Act (Refs & Annos)

Part 2. Sexual Exploitation

§ 76-5b-201. Sexual exploitation of a minor--Offenses

(1) A person is guilty of sexual exploitation of a minor:

(a) when the person:

(i) knowingly produces, possesses, or possesses with intent to distribute child pornography; or

(ii) intentionally distributes or views child pornography; or

(b) if the person is a minor's parent or legal guardian and knowingly consents to or permits the minor to be sexually exploited as described in Subsection (1)(a).

(2) Sexual exploitation of a minor is a second degree felony.

(3) It is a separate offense under this section:

(a) for each minor depicted in the child pornography; and

(b) for each time the same minor is depicted in different child pornography.

(4) It is an affirmative defense to a charge of violating this section that no person under 18 years of age was actually depicted in the visual depiction or used in producing or advertising the visual depiction.

(5) In proving a violation of this section in relation to an identifiable minor, proof of the actual identity of the identifiable minor is not required.

(6) This section may not be construed to impose criminal or civil liability on:

(a) any entity or an employee, director, officer, or agent of an entity when acting within the scope of employment, for the good faith performance of:

(i) reporting or data preservation duties required under any federal or state law; or

(ii) implementing a policy of attempting to prevent the presence of child pornography on any tangible or intangible property, or of detecting and reporting the presence of child pornography on the property; or

(b) any law enforcement officer acting within the scope of a criminal investigation.

CREDIT(S)

Laws 2011, c. 320, § 16, eff. May 10, 2011.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5b-202

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5B. Sexual Exploitation Act (Refs & Annos)

Part 2. Sexual Exploitation

§ 76-5b-202. Sexual exploitation of a vulnerable adult--Offenses

(1) A person is guilty of sexual exploitation of a vulnerable adult if the person:

(a)(i)(A) knowingly produces, possesses, or possesses with intent to distribute material that the person knows is vulnerable adult pornography; or

(B) intentionally distributes or views material that the person knows is vulnerable adult pornography; and

(ii) the vulnerable adult who appears in, or is depicted in, the vulnerable adult pornography lacks capacity to consent to the conduct described in Subsection (1)(a); or

(b) is a vulnerable adult's legal guardian and knowingly consents to, or permits the vulnerable adult to be, sexually exploited as described in Subsection (1)(a).

(2) Sexual exploitation of a vulnerable adult is a third degree felony.

(3) It is a separate offense under this section:

(a) for each vulnerable adult depicted in the vulnerable adult pornography; and

(b) for each time the same vulnerable adult is depicted in different vulnerable adult pornography.

(4) It is an affirmative defense to a charge of violating this section that no vulnerable adult was actually depicted in the visual depiction or used in producing or advertising the visual depiction.

(5) In proving a violation of this section in relation to an identifiable vulnerable adult, proof of the actual identity of the identifiable vulnerable adult is not required.

(6) This section may not be construed to impose criminal or civil liability on:

(a) any entity or an employee, director, officer, or agent of an entity, when acting within the scope of employment, for the good faith performance of:

(i) reporting or data preservation duties required under any federal or state law; or

(ii) implementing a policy of attempting to prevent the presence of vulnerable adult pornography on any tangible or intangible property, or of detecting and reporting the presence of vulnerable adult pornography on the property; or

(b) any law enforcement officer acting within the scope of a criminal investigation.

CREDIT(S)

Laws 2011, c. 320, § 17, eff. May 10, 2011.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5b-301

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5B. Sexual Exploitation Act (Refs & Annos)

Part 3. Miscellaneous

§ 76-5b-301. Determination whether material violates chapter

(1) In determining whether material is in violation of this chapter, the material need not be considered as a whole, but may be examined by the trier of fact in part only.

(2) It is not an element of the offense of sexual exploitation of a minor that the material appeal to the prurient interest in sex of the average person nor that prohibited conduct need be portrayed in a patently offensive manner.

(3) It is not an element of the offense of sexual exploitation of a vulnerable adult that the material appeal to the prurient interest in sex of the average person nor that prohibited conduct need be portrayed in a patently offensive manner.

CREDIT(S)

Laws 2011, c. 320, § 18, eff. May 10, 2011.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-5b-302

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 5B. Sexual Exploitation Act (Refs & Annos)

Part 3. Miscellaneous

§ 76-5b-302. Lack of knowledge of age not a defense

It is not a defense to an offense described in this chapter that the accused did not know the age of the victim.

CREDIT(S)

Laws 2011, c. 320, § 19, eff. May 10, 2011.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-101

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 1. Property Destruction

§ 76-6-101. Definitions

(1) For purposes of this chapter:

(a) “Fire” means a flame, heat source capable of combustion, or material capable of combustion that is caused, set, or maintained by a person for any purpose.

(b) “Habitable structure” means any building, vehicle, trailer, railway car, aircraft, or watercraft used for lodging or assembling persons or conducting business whether a person is actually present or not.

(i) any form of real property or tangible personal property which is capable of being damaged or destroyed and includes a habitable structure; and

(ii) the property of another, if anyone other than the actor has a possessory or proprietary interest in any portion of the property.

(d) “Value” means:

(i) the market value of the property, if totally destroyed, at the time and place of the offense, or where cost of replacement exceeds the market value; or

(ii) where the market value cannot be ascertained, the cost of repairing or replacing the property within a reasonable time following the offense.

(2) If the property damaged has a value that cannot be ascertained by the criteria set forth in Subsection (1)(d), the property shall be considered to have a value less than $500.

CREDIT(S)

Laws 1973, c. 196, § 76-6-101; Laws 1974, c. 32, § 14; Laws 1995, c. 291, § 8, eff. May 1, 1995; Laws 2009, c. 320, § 2, eff. May 12, 2009; Laws 2010, c. 193, § 5, eff. Nov. 1, 2010; Laws 2011, c. 340, § 45, eff. May 10, 2011.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-102

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 1. Property Destruction

§ 76-6-102. Arson

(1) A person is guilty of arson if, under circumstances not amounting to aggravated arson, the person by means of fire or explosives unlawfully and intentionally damages:

(a) any property with intention of defrauding an insurer; or

(b) the property of another.

(2) A violation of Subsection (1)(a) is a second degree felony.

(3) A violation of Subsection (1)(b) is:

(a) a second degree felony if:

(i) the damage caused is or exceeds $5,000 in value; or

(ii) as a proximate result of the fire or explosion, any person not a participant in the offense suffers serious bodily injury as defined in Section 76-1-601;

(b) a third degree felony if:

(i) the damage caused is or exceeds $1,500 but is less than $5,000 in value;

(ii) as a proximate result of the fire or explosion, any person not a participant in the offense suffers substantial bodily injury as defined in Section 76-1-601; or

(iii) the fire or explosion endangers human life;

(d) a class B misdemeanor if the damage caused is less than $500.

CREDIT(S)

Laws 1973, c. 196, § 76-6-102; Laws 1986, c. 59, § 1; Laws 1989, c. 5, § 1; Laws 1995, c. 291, § 9, eff. May 1, 1995; Laws 2004, c. 134, § 1, eff. May 3, 2004; Laws 2010, c. 193, § 6, eff. Nov. 1, 2010.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-103

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 1. Property Destruction

§ 76-6-103. Aggravated arson

(1) A person is guilty of aggravated arson if by means of fire or explosives he intentionally and unlawfully damages:

(a) a habitable structure; or

(b) any structure or vehicle when any person not a participant in the offense is in the structure or vehicle.

(2) Aggravated arson is a felony of the first degree.

CREDIT(S)

Laws 1973, c. 196, § 76-6-103; Laws 1986, c. 59, § 2.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-104

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 1. Property Destruction

§ 76-6-104. Reckless burning

(1) A person is guilty of reckless burning if the person:

(a) recklessly starts a fire or causes an explosion which endangers human life;

(b) having started a fire, whether recklessly or not, and knowing that it is spreading and will endanger the life or property of another, either fails to take reasonable measures to put out or control the fire or fails to give a prompt fire alarm;

(c) builds or maintains a fire without taking reasonable steps to remove all flammable materials surrounding the site of the fire as necessary to prevent the fire's spread or escape; or

(d) damages the property of another by reckless use of fire or causing an explosion.

(2)(a) A violation of Subsection (1)(a) or (b) is a class A misdemeanor.

(b) A violation of Subsection (1)(c) is a class B misdemeanor.

(i) a class A misdemeanor if damage to property is or exceeds $1,500 in value;

(ii) a class B misdemeanor if the damage to property is or exceeds $500 but is less than $1,500 in value; and

(iii) a class C misdemeanor if the damage to property is or exceeds $150 but is less than $500 in value.

(d) Any other violation under Subsection (1)(d) is an infraction.

CREDIT(S)

Laws 1973, c. 196, § 76-6-104; Laws 1995, c. 291, § 10, eff. May 1, 1995; Laws 1998, c. 71, § 2, eff. May 4, 1998; Laws 2010, c. 193, § 7, eff. Nov. 1, 2010.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-104.5

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 1. Property Destruction

§ 76-6-104.5. Abandoned fire--Penalties

(1) A person is guilty of abandoning a fire if, under circumstances not amounting to the offense of arson, aggravated arson, or causing a catastrophe under Title 76, Chapter 6, Part 1, Property Destruction, the person leaves a fire:

(a) without first completely extinguishing it; and

(b) with the intent to not return to the fire.

(2) A person does not commit a violation of Subsection (1) if the person leaves a fire to report an uncontrolled fire.

(3) A violation of Subsection (1):

(a) is a class C misdemeanor if there is no property damage;

(b) is a class B misdemeanor if property damage is less than $1,000 in value; and

(4) If a violation of Subsection (1) involves a wildland fire, the violator is also liable for suppression costs under Section 65A-3-4.

(5) A fire spreading or reigniting is prima facie evidence that the person did not completely extinguish the fire as required by Subsection (1)(a).

CREDIT(S)

Laws 1998, c. 71, § 3, eff. May 4, 1998; Laws 2009, c. 320, § 3, eff. May 12, 2009.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-105

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 1. Property Destruction

§ 76-6-105. Causing a catastrophe--Penalties

(1) Any person is guilty of causing a catastrophe if the person causes widespread injury or damage to persons or property by:

(a) use of a weapon of mass destruction as defined in Section 76-10-401; or

(b) explosion, fire, flood, avalanche, collapse of a building, or other harmful or destructive force or substance that is not a weapon of mass destruction.

(2) Causing a catastrophe is:

(a) a first degree felony if the person causes the catastrophe knowingly and by the use of a weapon of mass destruction;

(b) a second degree felony if the person causes the catastrophe knowingly and by a means other than a weapon of mass destruction; and

(3) In addition to any other penalty authorized by law, a court shall order any person convicted of any violation of this section to reimburse any federal, state, or local unit of government, or any private business, organization, individual, or entity for all expenses incurred in responding to the violation, unless the court states on the record the reasons why the reimbursement would be inappropriate.

CREDIT(S)

Laws 1973, c. 196, § 76-6-105; Laws 2002, c. 166, § 5, eff. May 6, 2002.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-106

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 1. Property Destruction

§ 76-6-106. Criminal mischief

(1) As used in this section, “critical infrastructure” includes:

(a) information and communication systems;

(b) financial and banking systems;

(c) any railroads, airlines, airports, airways, highways, bridges, waterways, fixed guideways, or other transportation systems intended for the transportation of persons or property;

(d) any public utility service, including the power, energy, and water supply systems;

(e) sewage and water treatment systems;

(f) health care facilities as listed in Section 26-21-2, and emergency fire, medical, and law enforcement response systems;

(g) public health facilities and systems;

(h) food distribution systems; and

(i) other government operations and services.

(2) A person commits criminal mischief if the person:

(a) under circumstances not amounting to arson, damages or destroys property with the intention of defrauding an insurer;

(b) intentionally and unlawfully tampers with the property of another and as a result:

(i) recklessly endangers:

(A) human life; or

(B) human health or safety; or

(ii) recklessly causes or threatens a substantial interruption or impairment of any critical infrastructure;

(d) recklessly or willfully shoots or propels a missile or other object at or against a motor vehicle, bus, airplane, boat, locomotive, train, railway car, or caboose, whether moving or standing.

(3)(a)(i) A violation of Subsection (2)(a) is a third degree felony.

(ii) A violation of Subsection (2)(b)(i)(A) is a class A misdemeanor.

(iii) A violation of Subsection (2)(b)(i)(B) is a class B misdemeanor.

(iv) A violation of Subsection (2)(b)(ii) is a second degree felony.

(b) Any other violation of this section is a:

(i) second degree felony if the actor's conduct causes or is intended to cause pecuniary loss equal to or in excess of $5,000 in value;

(ii) third degree felony if the actor's conduct causes or is intended to cause pecuniary loss equal to or in excess of $1,500 but is less than $5,000 in value;

(iii) class A misdemeanor if the actor's conduct causes or is intended to cause pecuniary loss equal to or in excess of $500 but is less than $1,500 in value; and

(iv) class B misdemeanor if the actor's conduct causes or is intended to cause pecuniary loss less than $500 in value.

(4) In determining the value of damages under this section, or for computer crimes under Section 76-6-703, the value of any item, computer, computer network, computer property, computer services, software, or data includes the measurable value of the loss of use of the items and the measurable cost to replace or restore the items.

(5) In addition to any other penalty authorized by law, a court shall order any person convicted of any violation of this section to reimburse any federal, state, or local unit of government, or any private business, organization, individual, or entity for all expenses incurred in responding to a violation of Subsection (2)(b)(ii), unless the court states on the record the reasons why the reimbursement would be inappropriate.

CREDIT(S)

Laws 1973, c. 196, § 76-6-106; Laws 1992, c. 14, § 1; Laws 1995, c. 291, § 11, eff. May 1, 1995; Laws 1996, c. 142, § 1, eff. April 29, 1996; Laws 1997, c. 300, § 1, eff. May 5, 1997; Laws 1998, c. 25, § 1, eff. May 4, 1998; Laws 1999, c. 31, § 1, eff. May 3, 1999; Laws 2002, c. 166, § 6, eff. May 6, 2002; Laws 2010, c. 193, § 8, eff. Nov. 1, 2010; Laws 2012, c. 135, § 4, eff. May 8, 2012.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-107

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 1. Property Destruction

§ 76-6-107. Graffiti defined--Penalties--Removal costs--Reimbursement liability

(1) As used in this section:

(a) “Etching” means defacing, damaging, or destroying hard surfaces by means of a chemical action which uses any caustic cream, gel, liquid, or solution.

(b) “Graffiti” means any form of unauthorized printing, writing, spraying, scratching, affixing, etching, or inscribing on the property of another regardless of the content or the nature of the material used in the commission of the act.

(c) “Victim” means the person or entity whose property was defaced by the graffiti and bears the expense for its removal.

(2) Graffiti is a:

(a) second degree felony if the damage caused is in excess of $5,000;

(b) third degree felony if the damage caused is in excess of $1,000;

(d) class B misdemeanor if the damage caused is less than $300.

(3) Damages under Subsection (2) include removal costs, repair costs, or replacement costs, whichever is less.

(4) The court, upon conviction or adjudication, shall order restitution to the victim in the amount of removal, repair, or replacement costs.

(5) An additional amount of $1,000 in restitution shall be added to removal costs if the graffiti is positioned on an overpass or an underpass, requires that traffic be interfered with in order to remove it, or the entity responsible for the area in which the clean-up is to take place must provide assistance in order for the removal to take place safely.

(6) A person who voluntarily and at his own expense, removes graffiti for which he is responsible may be credited for the removal costs against restitution ordered by a court.

CREDIT(S)

Laws 1996, c. 142, § 2, eff. April 29, 1996; Laws 2012, c. 300, § 1, eff. May 8, 2012.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-107.1

Formerly cited as UT ST § 78-11-20.7

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 1. Property Destruction

§ 76-6-107.1. Compensatory service--Graffiti penalties

(1) If an offender uses graffiti and is convicted under Section 76-6-106 or 76-6-206 for its use, the court may, as a condition of probation under Subsection 77-18-1(8), order the offender to clean up graffiti of his own and any other at a time and place within the jurisdiction of the court.

(a) For a first conviction or adjudication, the court may require the offender to clean up graffiti for not less than eight hours.

(b) For a second conviction or adjudication, the court may require the offender to clean up graffiti for not less than 16 hours.

(c) For a third conviction or adjudication, the court may require the offender to clean up graffiti for not less than 24 hours.

(2) The offender convicted under Section 76-6-106, 76-6-206, or 76-6-107 shall be responsible for removal costs as determined under Section 76-6-107, unless waived by the court for good cause.

(3) The court may also require the offender to perform other alternative forms of restitution or repair to the damaged property pursuant to Subsection 77-18-1(8).

CREDIT(S)

Laws 2008, c. 3, § 237, eff. Feb. 7, 2008.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-108

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 1. Property Destruction

§ 76-6-108. Damage to or interruption of a communication device--Penalty

(1) As used in this section:

(a) “Communication device” means any device, including a telephone, cellular telephone, computer, or radio, which may be used in an attempt to summon police, fire, medical, or other emergency aid.

(b) “Emergency aid” means aid or assistance, including law enforcement, fire, or medical services, commonly summoned by persons concerned with imminent or actual:

(i) jeopardy to any person's health or safety; or

(ii) damage to any person's property.

(2) A person is guilty of damage to or interruption of a communication device if the actor attempts to prohibit or interrupt, or prohibits or interrupts, another person's use of a communication device when the other person is attempting to summon emergency aid or has communicated a desire to summon emergency aid, and in the process the actor:

(a) uses force, intimidation, or any other form of violence;

(b) destroys, disables, or damages a communication device; or

(c) commits any other act in an attempt to prohibit or interrupt the person's use of a communication device to summon emergency aid.

(3) Damage to or interruption of a communication device is a class B misdemeanor.

CREDIT(S)

Laws 1998, c. 25, § 2, eff. May 4, 1998; Laws 2000, c. 54, § 1, eff. May 1, 2000.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-109

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 1. Property Destruction

§ 76-6-109. Offenses committed against timber, mining, or agricultural industries--Enhanced penalties

(1) A person who commits any criminal offense with the intent to halt, impede, obstruct, or interfere with the lawful management, cultivation, or harvesting of trees or timber, or the management or operations of agricultural or mining industries is subject to an enhanced penalty for the offense as provided below. However, this section does not apply to action protected by the National Labor Relations Act, 29 U.S.C. Section 151 et seq., or the Federal Railway Labor Act, 45 U.S.C. Section 151 et seq.

(2) The prosecuting attorney, or grand jury if an indictment is returned, shall cause to be subscribed upon the complaint in misdemeanor cases or the information or indictment in felony cases notice that the defendant is subject to the enhanced penalties provided under this section.

(3) If the trier of fact finds beyond a reasonable doubt that the defendant committed any criminal offense with the intent to halt, impede, obstruct, or interfere with the lawful management, cultivation, or harvesting of trees or timber, or the management or operations of agricultural or mining industries, the penalties are enhanced as provided in this Subsection (3):

(a) a class C misdemeanor is a class B misdemeanor, with a mandatory fine of not less than $1,000, which is in addition to any term of imprisonment the court may impose;

(b) a class B misdemeanor is a Class A misdemeanor, with a fine of not less than $2,500, which is in addition to any term of imprisonment the court may impose;

(c) a class A misdemeanor is a third degree felony, with a fine of not less than $5,000, which is in addition to any term of imprisonment the court may impose;

(d) a third degree felony is a second degree felony, with a fine of not less than $7,500, which is in addition to any term of imprisonment the court may impose; and

(e) a second degree felony is subject to a fine of not less than $10,000, which is in addition to any term of imprisonment the court may impose.

CREDIT(S)

Laws 1998, c. 115, § 1, eff. May 4, 1998; Laws 2000, c. 214, § 5, eff. March 14, 2000.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-110

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 1. Property Destruction

§ 76-6-110. Offenses committed against animal enterprises--Definitions--Enhanced penalties

(1) As used in this section:

(a) “Animal enterprise” means a commercial or academic enterprise that:

(i) uses animals for food or fiber production;

(ii) is an agricultural operation, including a facility for the production of crops or livestock, or livestock products;

(iii) operates a zoo, aquarium, circus, rodeo, or lawful competitive animal event; or

(iv) any fair or similar event intended to advance agricultural arts and sciences.

(b) “Livestock” means cattle, sheep, goats, swine, horses, mules, poultry, domesticated elk as defined in Section 4-39-102, or any other domestic animal or domestic furbearer raised or kept for profit.

(2)(a) A person who commits any criminal offense with the intent to halt, impede, obstruct, or interfere with the lawful operation of an animal enterprise or to damage, take, or cause the loss of any property owned by, used by, or in the possession of a lawful animal enterprise, is subject to an enhanced penalty under Subsection (3).

(b) Subsection (2)(a) does not apply to action protected by the National Labor Relations Act, 29 U.S.C. Section 151 et seq., or the Federal Railway Labor Act, 45 U.S.C. Section 151 et seq.

(c) The prosecuting attorney, or grand jury if an indictment is returned, shall cause to be subscribed upon the information or indictment notice that the defendant is subject to the enhanced penalties provided under this section.

(3) If the trier of fact finds beyond a reasonable doubt that the defendant committed any criminal offense with the intent to halt, impede, obstruct, or interfere with the lawful operation of an animal enterprise or to damage, take, or cause the loss of any property owned by, used by, or in the possession of a lawful animal enterprise, the penalties are enhanced as provided in this Subsection (3):

(a) a class C misdemeanor is a class B misdemeanor, with a mandatory fine of not less than $1,000, which is in addition to any term of imprisonment the court may impose;

(b) a class B misdemeanor is a class A misdemeanor, with a fine of not less than $2,500, which is in addition to any term of imprisonment the court may impose;

(c) a class A misdemeanor is a third degree felony, with a fine of not less than $5,000, which is in addition to any term of imprisonment the court may impose;

(d) a third degree felony is a second degree felony, with a fine of not less than $7,500, which is in addition to any term of imprisonment the court may impose; and

(e) a second degree felony is subject to a fine of not less than $10,000, which is in addition to any term of imprisonment the court may impose.

CREDIT(S)

Laws 2001, c. 225, § 1, eff. April 30, 2001.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-111

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 1. Property Destruction

§ 76-6-111. Wanton destruction of livestock--Penalties--Seizure and disposition of property

(1) As used in this section:

(a) “Law enforcement officer” is as defined in Section 53-13-103.

(b) “Livestock” means a domestic animal or fur bearer raised or kept for profit, including:

(i) cattle;

(ii) sheep;

(iii) goats;

(iv) swine;

(v) horses;

(vi) mules;

(vii) poultry; and

(viii) domesticated elk as defined in Section 4-39-102.

(2) Unless authorized by Section 4-25-4, 4-25-5, 4-25-14, 4-39-401, or 18-1-3, a person is guilty of wanton destruction of livestock if that person:

(a) injures, physically alters, releases, or causes the death of livestock; and

(b) does so:

(i) intentionally or knowingly; and

(ii) without the permission of the owner of the livestock.

(3) Wanton destruction of livestock is punishable as a:

(a) class B misdemeanor if the aggregate value of the livestock is $500 or less;

(b) class A misdemeanor if the aggregate value of the livestock is more than $500, but does not exceed $1,500;

(d) second degree felony if the aggregate value of the livestock is more than $5,000.

(4) A material, device, or vehicle used in violation of Subsection (2) is subject to forfeiture under the procedures and substantive protections established in Title 24, Chapter 1, Utah Uniform Forfeiture Procedures Act.

(5) A peace officer may seize a material, device, or vehicle used in violation of Subsection (2):

(a) upon notice and service of process issued by a court having jurisdiction over the property; or

(b) without notice and service of process if:

(i) the seizure is incident to an arrest under:

(A) a search warrant; or

(B) an inspection under an administrative inspection warrant;

(ii) the material, device, or vehicle has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding under this section; or

(iii) the peace officer has probable cause to believe that the property has been used in violation of Subsection (2).

(6)(a) A material, device, or vehicle seized under this section is not repleviable but is in custody of the law enforcement agency making the seizure, subject only to the orders and decrees of a court or official having jurisdiction.

(b) A peace officer who seizes a material, device, or vehicle under this section may:

(i) place the property under seal;

(ii) remove the property to a place designated by the warrant under which it was seized; or

(iii) take custody of the property and remove it to an appropriate location for disposition in accordance with law.

CREDIT(S)

Laws 2009, c. 282, § 5, eff. July 1, 2009; Laws 2010, c. 193, § 9, eff. Nov. 1, 2010.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-112

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 1. Property Destruction

§ 76-6-112. Agricultural operation interference--Penalties

(1) As used in this section, “agricultural operation” means private property used for the production of livestock, poultry, livestock products, or poultry products.

(2) A person is guilty of agricultural operation interference if the person:

(a) without consent from the owner of the agricultural operation, or the owner's agent, knowingly or intentionally records an image of, or sound from, the agricultural operation by leaving a recording device on the agricultural operation;

(b) obtains access to an agricultural operation under false pretenses;

(c)(i) applies for employment at an agricultural operation with the intent to record an image of, or sound from, the agricultural operation;

(ii) knows, at the time that the person accepts employment at the agricultural operation, that the owner of the agricultural operation prohibits the employee from recording an image of, or sound from, the agricultural operation; and

(iii) while employed at, and while present on, the agricultural operation, records an image of, or sound from, the agricultural operation; or

(d) without consent from the owner of the operation or the owner's agent, knowingly or intentionally records an image of, or sound from, an agricultural operation while the person is committing criminal trespass, as described in Section 76-6-206, on the agricultural operation.

(3) A person who commits agricultural operation interference described in Subsection (2)(a) is guilty of a class A misdemeanor.

(4) A person who commits agricultural operation interference described in Subsection (2)(b), (c), or (d) is guilty of a class B misdemeanor.

CREDIT(S)

Laws 2012, c. 213, § 1, eff. May 8, 2012.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-201

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 2. Burglary and Criminal Trespass

§ 76-6-201. Definitions

As used in this part:

(1)(a) “Building,” in addition to its ordinary meaning, means any watercraft, aircraft, trailer, or other structure or vehicle adapted for overnight accommodation of persons or for carrying on business and includes:

(i) each separately secured or occupied portion of the structure or vehicle; and

(ii) each structure appurtenant to or connected with the structure or vehicle.

(b) “Building” does not include a railroad car.

(2) “Dwelling” means a building which is usually occupied by a person lodging in the building at night, whether or not a person is actually present.

(3) “Enter or remain unlawfully” means a person enters or remains in or on any premises when:

(a) at the time of the entry or remaining, the premises or any portion of the premises are not open to the public; and

(b) the actor is not otherwise licensed or privileged to enter or remain on the premises or any portion of the premises.

(4) “Enter” means:

(a) intrusion of any part of the body; or

(b) intrusion of any physical object under control of the actor.

(5) “Railroad car”:

(a) in addition to its ordinary meaning, includes a sleeping car or any container or trailer that is on a railroad car; and

(b) includes only a railroad car that is operable and part of an ongoing railroad operation.

CREDIT(S)

Laws 1973, c. 196, § 76-6-201; Laws 2008, c. 366, § 1, eff. May 5, 2008.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-202

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 2. Burglary and Criminal Trespass

§ 76-6-202. Burglary

(1) An actor is guilty of burglary who enters or remains unlawfully in a building or any portion of a building with intent to commit:

(a) a felony;

(b) theft;

(d) lewdness, a violation of Section 76-9-702;

(e) sexual battery, a violation of Section 76-9-702.1;

(f) lewdness involving a child, in violation of Section 76-9-702.5; or

(g) voyeurism under Section 76-9-702.7.

(2) Burglary is a third degree felony unless it was committed in a dwelling, in which event it is a second degree felony.

(3) A violation of this section is a separate offense from any of the offenses listed in Subsections (1)(a) through (g), and which may be committed by the actor while in the building.

CREDIT(S)

Laws 1973, c. 196, § 76-6-202; Laws 2001, c. 359, § 1, eff. April 30, 2001; Laws 2001, 1st Sp.Sess., c. 4, § 2, eff. July 5, 2001; Laws 2003, c. 325, § 1, eff. May 5, 2003; Laws 2011, c. 78, § 1, eff. May 10, 2011; Laws 2012, c. 303, § 2, eff. May 8, 2012.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-203

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 2. Burglary and Criminal Trespass

§ 76-6-203. Aggravated burglary

(1) A person is guilty of aggravated burglary if in attempting, committing, or fleeing from a burglary the actor or another participant in the crime:

(a) causes bodily injury to any person who is not a participant in the crime;

(b) uses or threatens the immediate use of a dangerous weapon against any person who is not a participant in the crime; or

(2) Aggravated burglary is a first degree felony.

(3) As used in this section, “dangerous weapon” has the same definition as under Section 76-1-601.

CREDIT(S)

Laws 1973, c. 196, § 76-6-203; Laws 1988, c. 174, § 1; Laws 1989, c. 170, § 6.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-204

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 2. Burglary and Criminal Trespass

§ 76-6-204. Burglary of a vehicle--Charge of other offense

(1) Any person who unlawfully enters any vehicle with intent to commit a felony or theft is guilty of a burglary of a vehicle.

(2) Burglary of a vehicle is a class A misdemeanor.

(3) A charge against any person for a violation of Subsection (1) shall not preclude a charge for a commission of any other offense.

CREDIT(S)

Laws 1973, c. 196, § 76-6-204.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-204.5

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 2. Burglary and Criminal Trespass

§ 76-6-204.5. Burglary of a railroad car--Charge of other offenses

(1) Any person commits burglary of a railroad car when the person breaks the lock or seal on any railroad car, with the intent to commit a felony or theft.

(2) Burglary of a railroad car is a third degree felony.

(3) Charging a person for a violation of Subsection (1) does not preclude charging the person for any other offense.

CREDIT(S)

Laws 2008, c. 366, § 2, eff. May 5, 2008.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-205

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 2. Burglary and Criminal Trespass

§ 76-6-205. Manufacture or possession of instrument for burglary or theft

Any person who manufactures or possesses any instrument, tool, device, article, or other thing adapted, designed, or commonly used in advancing or facilitating the commission of any offense under circumstances manifesting an intent to use or knowledge that some person intends to use the same in the commission of a burglary or theft is guilty of a class B misdemeanor.

CREDIT(S)

Laws 1973, c. 196, § 76-6-205.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-206

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 2. Burglary and Criminal Trespass

§ 76-6-206. Criminal trespass

(1) As used in this section, “enter” means intrusion of the entire body.

(2) A person is guilty of criminal trespass if, under circumstances not amounting to burglary as defined in Section 76-6-202, 76-6-203, or 76-6-204 or a violation of Section 76-10-2402 regarding commercial obstruction:

(a) the person enters or remains unlawfully on property and:

(i) intends to cause annoyance or injury to any person or damage to any property, including the use of graffiti as defined in Section 76-6-107;

(ii) intends to commit any crime, other than theft or a felony; or

(iii) is reckless as to whether his presence will cause fear for the safety of another;

(b) knowing the person's entry or presence is unlawful, the person enters or remains on property as to which notice against entering is given by:

(i) personal communication to the actor by the owner or someone with apparent authority to act for the owner;

(ii) fencing or other enclosure obviously designed to exclude intruders; or

(iii) posting of signs reasonably likely to come to the attention of intruders; or

(3)(a) A violation of Subsection (2)(a) or (b) is a class B misdemeanor unless it was committed in a dwelling, in which event it is a class A misdemeanor.

(b) A violation of Subsection (2)(c) is an infraction.

(4) It is a defense to prosecution under this section that:

(a) the property was open to the public when the actor entered or remained; and

(b) the actor's conduct did not substantially interfere with the owner's use of the property.

CREDIT(S)

Laws 1973, c. 196, § 76-6-206; Laws 1974, c. 32, § 15; Laws 1992, c. 14, § 2; Laws 1996, c. 142, § 3, eff. April 29, 1996; Laws 2000, c. 132, § 4, eff. May 1, 2000; Laws 2001, c. 225, § 2, eff. April 30, 2001; Laws 2006, c. 210, § 1, eff. May 1, 2006; Laws 2010, c. 334, § 9, eff. May 11, 2010.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-206.1

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 2. Burglary and Criminal Trespass

§ 76-6-206.1. Criminal trespass of abandoned or inactive mines--Penalty

(1) For purposes of this section:

(a) “Abandoned or inactive mine” means an underground mine which is no longer open for access or no longer under excavation and has been clearly marked as closed or protected from entry.

(b) “Enter” means intrusion of the entire body.

(2) A person is guilty of criminal trespass of an abandoned or inactive mine if, under circumstances not amounting to burglary as defined in Section 76-6-202, 76-6-203, or 76-6-204:

(a) the person intentionally enters and remains unlawfully in the underground workings of an abandoned or inactive mine; or

(b) intentionally and without authority removes, destroys, or tampers with any warning sign, covering, fencing, or other method of protection from entry placed on, around, or over any mine shaft, mine portal, or other abandoned or inactive mining excavation property.

(3) A violation of Subsection (2)(a) is a class B misdemeanor.

(4) A violation of Subsection (2)(b) is a class A misdemeanor.

CREDIT(S)

Laws 1997, c. 223, § 1, eff. May 5, 1997.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-206.2

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 2. Burglary and Criminal Trespass

§ 76-6-206.2. Criminal trespass on state park lands--Penalties

(1) For purposes of this section:

(a) “Authorization” means specific written permission by, or contractual agreement with, the Division of Parks and Recreation.

(b) “Criminal trespass” means the elements of the crime of criminal trespass, as set forth in Section 76-6-206.

(d) “State park lands” means all lands administered by the division.

(2) A person is guilty of criminal trespass on state park lands and is liable for the civil damages prescribed in Subsection (5) if, under circumstances not amounting to a greater offense, and without authorization, the person:

(a) constructs improvements or structures on state park lands;

(b) uses or occupies state park lands for more than 30 days after the cancellation or expiration of authorization;

(d) intentionally or knowingly grazes livestock on state park lands, except as provided in Section 72-3-112; or

(e) remains, after being ordered to leave by someone with actual authority to act for the division, or by a law enforcement officer.

(3) A person is not guilty of criminal trespass if that person enters onto state park lands:

(a) without first paying the required fee; and

(b) for the sole purpose of pursuing recreational activity.

(4) A violation of Subsection (2) is a class B misdemeanor.

(5) In addition to restitution, as provided in Section 76-3-201, a person who commits any act described in Subsection (2) may also be liable for civil damages in the amount of three times the value of:

(a) damages resulting from a violation of Subsection (2);

(b) the water, mineral, vegetation, improvement, or structure on state park lands that is removed, destroyed, used, or consumed without authorization;

(c) the historical, prehistorical, archaeological, or paleontological resource on state park lands that is removed, destroyed, used, or consumed without authorization; or

(d) the consideration which would have been charged by the division for unauthorized use of the land and resources during the period of trespass.

(6) Civil damages under Subsection (5) may be collected in a separate action by the division, and shall be deposited in the State Parks Fees Restricted Account as established in Section 79-4-402.

CREDIT(S)

Laws 2004, c. 103, § 2, eff. July 1, 2004; Laws 2009, c. 344, § 40, eff. May 12, 2009.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-206.3

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 2. Burglary and Criminal Trespass

§ 76-6-206.3. Criminal trespass on agricultural land or range land

(1) As used in this section:

(a) “Agricultural or range land” and “land” mean land as defined under Subsections (1)(d) and (e).

(b) “Authorization” means specific written permission by, or contractual agreement with, the owner or manager of the property.

(d) “Land in agricultural use” has the same meaning as in Section 59-2-502.

(e) “Range land” means privately owned land that is not fenced or divided into lots and that is generally unimproved. This land includes land used for livestock.

(2) A person is guilty of the class B misdemeanor criminal offense of criminal trespass on agricultural or range land and is liable for the civil damages under Subsection (5) if, under circumstances not amounting to a greater offense, and without authorization or a right under state law, the person enters or remains on agricultural or range land regarding which notice prohibiting entry is given by:

(a) personal communication to the person by the owner of the land, an employee of the owner, or a person with apparent authority to act for the owner;

(b) fencing or other form of enclosure a reasonable person would recognize as intended to exclude intruders; or

(c) posted signs or markers that would reasonably be expected to be seen by persons in the area of the borders of the land.

(3) A person is guilty of the class B misdemeanor criminal offense of cutting, destroying, or rendering ineffective the fencing of agricultural or range land if the person willfully cuts, destroys, or renders ineffective any fencing as described under Subsection (2)(b).

(4) In addition to restitution, as provided in Section 76-3-201, a person who commits any violation of Subsection (2) or (3) may also be liable for:

(a) statutory damages in the amount of the value of damages resulting from the violation of Subsection (2) or $500, whichever is greater; and

(b) reasonable attorney fees not to exceed $250, and court costs.

(5) Civil damages under Subsection (4) may be collected in a separate action by the owner of the agricultural or range land or the owner's assignee.

CREDIT(S)

Laws 2009, c. 270, § 1, eff. May 12, 2009.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-301

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 3. Robbery

§ 76-6-301. Robbery

(1) A person commits robbery if:

(a) the person unlawfully and intentionally takes or attempts to take personal property in the possession of another from his person, or immediate presence, against his will, by means of force or fear, and with a purpose or intent to deprive the person permanently or temporarily of the personal property; or

(b) the person intentionally or knowingly uses force or fear of immediate force against another in the course of committing a theft or wrongful appropriation.

(2) An act is considered to be “in the course of committing a theft or wrongful appropriation“ if it occurs:

(a) in the course of an attempt to commit theft or wrongful appropriation;

(b) in the commission of theft or wrongful appropriation; or

(3) Robbery is a felony of the second degree.

CREDIT(S)

Laws 1973, c. 196, § 76-6-301; Laws 1995, c. 222, § 1, eff. May 1, 1995; Laws 2004, c. 112, § 1, eff. May 3, 2004.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-302

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 3. Robbery

§ 76-6-302. Aggravated robbery

(1) A person commits aggravated robbery if in the course of committing robbery, he:

(a) uses or threatens to use a dangerous weapon as defined in Section 76-1-601;

(b) causes serious bodily injury upon another; or

(2) Aggravated robbery is a first degree felony.

(3) For the purposes of this part, an act shall be considered to be “in the course of committing a robbery” if it occurs in an attempt to commit, during the commission of, or in the immediate flight after the attempt or commission of a robbery.

CREDIT(S)

Laws 1973, c. 196, § 76-6-302; Laws 1975, c. 51, § 1; Laws 1989, c. 170, § 7; Laws 1994, c. 271, § 1; Laws 2003, c. 62, § 1, eff. May 5, 2003.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-401

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 4. Theft

§ 76-6-401. Definitions

For the purposes of this part:

(1) “Property” means anything of value, including real estate, tangible and intangible personal property, captured or domestic animals and birds, written instruments or other writings representing or embodying rights concerning real or personal property, labor, services, or otherwise containing anything of value to the owner, commodities of a public utility nature such as telecommunications, gas, electricity, steam, or water, and trade secrets, meaning the whole or any portion of any scientific or technical information, design, process, procedure, formula or invention which the owner thereof intends to be available only to persons selected by him.

(2) “Obtain” means, in relation to property, to bring about a transfer of possession or of some other legally recognized interest in property, whether to the obtainer or another; in relation to labor or services, to secure performance thereof; and in relation to a trade secret, to make any facsimile, replica, photograph, or other reproduction.

(3) “Purpose to deprive” means to have the conscious object:

(a) To withhold property permanently or for so extended a period or to use under such circumstances that a substantial portion of its economic value, or of the use and benefit thereof, would be lost; or

(b) To restore the property only upon payment of a reward or other compensation; or

(4) “Obtain or exercise unauthorized control” means, but is not necessarily limited to, conduct heretofore defined or known as common-law larceny by trespassory taking, larceny by conversion, larceny by bailee, and embezzlement.

(5) “Deception” occurs when a person intentionally:

(a) Creates or confirms by words or conduct an impression of law or fact that is false and that the actor does not believe to be true and that is likely to affect the judgment of another in the transaction; or

(b) Fails to correct a false impression of law or fact that the actor previously created or confirmed by words or conduct that is likely to affect the judgment of another and that the actor does not now believe to be true; or

(d) Sells or otherwise transfers or encumbers property without disclosing a lien, security interest, adverse claim, or other legal impediment to the enjoyment of the property, whether the lien, security interest, claim, or impediment is or is not valid or is or is not a matter of official record; or

(e) Promises performance that is likely to affect the judgment of another in the transaction, which performance the actor does not intend to perform or knows will not be performed; provided, however, that failure to perform the promise in issue without other evidence of intent or knowledge is not sufficient proof that the actor did not intend to perform or knew the promise would not be performed.

CREDIT(S)

Laws 1973, c. 196, § 76-6-401.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-402

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 4. Theft

§ 76-6-402. Presumptions and defenses

The following presumption shall be applicable to this part:

(1) Possession of property recently stolen, when no satisfactory explanation of such possession is made, shall be deemed prima facie evidence that the person in possession stole the property.

(2) It is no defense under this part that the actor has an interest in the property or service stolen if another person also has an interest that the actor is not entitled to infringe, provided an interest in property for purposes of this subsection shall not include a security interest for the repayment of a debt or obligation.

(3) It is a defense under this part that the actor:

(a) Acted under an honest claim of right to the property or service involved; or

(b) Acted in the honest belief that he had the right to obtain or exercise control over the property or service as he did; or

(c) Obtained or exercised control over the property or service honestly believing that the owner, if present, would have consented.

CREDIT(S)

Laws 1973, c. 196, § 76-6-402; Laws 1974, c. 32, § 16.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-402.5

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 4. Theft

§ 76-6-402.5. Defense regarding metal dealers

It is a defense against a charge of theft under this part and a defense against a civil claim for conversion if any dealer as defined in Section 76-10-901 has acted in compliance with Title 76, Chapter 10, Part 9, Regulation of Metal Dealers.

CREDIT(S)

Laws 2009, c. 325, § 1, eff. March 25, 2009.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-403

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 4. Theft

§ 76-6-403. Theft--Evidence to support accusation

Conduct denominated theft in this part constitutes a single offense embracing the separate offenses such as those heretofore known as larceny, larceny by trick, larceny by bailees, embezzlement, false pretense, extortion, blackmail, receiving stolen property. An accusation of theft may be supported by evidence that it was committed in any manner specified in Sections 76-6-404 through 76-6-410, subject to the power of the court to ensure a fair trial by granting a continuance or other appropriate relief where the conduct of the defense would be prejudiced by lack of fair notice or by surprise.

CREDIT(S)

Laws 1973, c. 196, § 76-6-403; Laws 1974, c. 32, § 17.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-404

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 4. Theft

§ 76-6-404. Theft--Elements

A person commits theft if he obtains or exercises unauthorized control over the property of another with a purpose to deprive him thereof.

CREDIT(S)

Laws 1973, c. 196, § 76-6-404.

VALIDITY

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-404.5

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 4. Theft

§ 76-6-404.5. Wrongful appropriation--Penalties

(1) A person commits wrongful appropriation if he obtains or exercises unauthorized control over the property of another, without the consent of the owner or legal custodian and with intent to temporarily appropriate, possess, or use the property or to temporarily deprive the owner or legal custodian of possession of the property.

(2) The consent of the owner or legal custodian of the property to its control by the actor is not presumed or implied because of the owner's or legal custodian's consent on a previous occasion to the control of the property by any person.

(3) Wrongful appropriation is punishable one degree lower than theft, as provided in Section 76-6-412, so that a violation which would have been:

(a) a second degree felony under Section 76-6-412 if it had been theft is a third degree felony if it is wrongful appropriation;

(b) a third degree felony under Section 76-6-412 if it had been theft is a class A misdemeanor if it is wrongful appropriation;

(c) a class A misdemeanor under Section 76-6-412 if it had been theft is a class B misdemeanor if it is wrongful appropriation; and

(d) a class B misdemeanor under Section 76-6-412 if it had been theft is a class C misdemeanor if it is wrongful appropriation.

(4) Wrongful appropriation is a lesser included offense of the offense of theft under Section 76-6-404.

CREDIT(S)

Laws 1998, c. 138, § 1, eff. May 4, 1998; Laws 1999, c. 21, § 100, eff. May 3, 1999; Laws 2001, c. 48, § 2, eff. April 30, 2001.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-404.7

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 4. Theft

§ 76-6-404.7. Theft of motor vehicle fuel

(1) As used in this section, “motor vehicle fuel” means any combustible gas, liquid, matter, or substance that is used in an internal combustion engine for the generation of power.

(2) A person is guilty of theft of motor vehicle fuel who:

(a) causes a motor vehicle to leave any premises where motor vehicle fuel is offered for retail sale when motor fuel has been dispensed into:

(i) the fuel tank of the motor vehicle; or

(ii) any other container that is then removed from the premises by means of the motor vehicle; and

(b) commits the act under Subsection (2)(a) with the intent to deprive the owner or operator of the premises of the motor fuel without making full payment for the fuel.

(3) In addition to the penalties for theft under Section 76-6-412, the sentencing court may order the suspension of the driver license of a person convicted of theft of motor vehicle fuel. The suspension may not be for more than 90 days as provided in Section 53-3-220.

CREDIT(S)

Laws 2009, c. 328, § 2, eff. May 12, 2009.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-405

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 4. Theft

§ 76-6-405. Theft by deception

(1) As used in this section, “puffing” means an exaggerated commendation of wares or worth in a communication addressed to an individual, group, or the public.

(2)(a) A person commits theft if the person obtains or exercises control over property of another person:

(i) by deception; and

(ii) with a purpose to deprive the other person of property.

(b) The deception described in Subsection (2)(a)(i) and the deprivation described in Subsection (2)(a)(ii) may occur at separate times.

(3) Theft by deception does not occur when there is only:

(a) falsity as to matters having no pecuniary significance; or

(b) puffing by statements unlikely to deceive an ordinary person in the group addressed.

CREDIT(S)

Laws 1973, c. 196, § 76-6-405; Laws 2012, c. 156, § 1, eff. May 8, 2012.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-406

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 4. Theft

§ 76-6-406. Theft by extortion

(1) A person is guilty of theft if he obtains or exercises control over the property of another by extortion and with a purpose to deprive him thereof.

(2) As used in this section, extortion occurs when a person threatens to:

(a) Cause physical harm in the future to the person threatened or to any other person or to property at any time; or

(b) Subject the person threatened or any other person to physical confinement or restraint; or

(d) Accuse any person of a crime or expose him to hatred, contempt, or ridicule; or

(e) Reveal any information sought to be concealed by the person threatened; or

(f) Testify or provide information or withhold testimony or information with respect to another's legal claim or defense; or

(g) Take action as an official against anyone or anything, or withhold official action, or cause such action or withholding; or

(h) Bring about or continue a strike, boycott, or other similar collective action to obtain property which is not demanded or received for the benefit of the group which the actor purports to represent; or

(i) Do any other act which would not in itself substantially benefit him but which would harm substantially any other person with respect to that person's health, safety, business, calling, career, financial condition, reputation, or personal relationships.

CREDIT(S)

Laws 1973, c. 196, § 76-6-406.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-407

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 4. Theft

§ 76-6-407. Theft of lost, mislaid, or mistakenly delivered property

A person commits theft when:

(1) He obtains property of another which he knows to have been lost or mislaid, or to have been delivered under a mistake as to the identity of the recipient or as to the nature or amount of the property, without taking reasonable measures to return it to the owner; and

(2) He has the purpose to deprive the owner of the property when he obtains the property or at any time prior to taking the measures designated in paragraph (1).

CREDIT(S)

Laws 1973, c. 196, § 76-6-407.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-408

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 4. Theft

§ 76-6-408. Receiving stolen property--Duties of pawnbrokers, secondhand businesses, and coin dealers

(1) A person commits theft if he receives, retains, or disposes of the property of another knowing that it has been stolen, or believing that it probably has been stolen, or who conceals, sells, withholds or aids in concealing, selling, or withholding the property from the owner, knowing the property to be stolen, intending to deprive the owner of it.

(2) The knowledge or belief required for Subsection (1) is presumed in the case of an actor who:

(a) is found in possession or control of other property stolen on a separate occasion;

(b) has received other stolen property within the year preceding the receiving offense charged;

(c) is a pawnbroker or person who has or operates a business dealing in or collecting used or secondhand merchandise or personal property, or an agent, employee, or representative of a pawnbroker or person who buys, receives, or obtains property and fails to require the seller or person delivering the property to:

(i) certify, in writing, that he has the legal rights to sell the property;

(ii) provide a legible print, preferably the right thumb, at the bottom of the certificate next to his signature; and

(iii) provide at least one positive form of identification; or

(d) is a coin dealer or an employee of the coin dealer as defined in Section 13-32a-102 who does not comply with the requirements of Section 13-32a-104.5.

(3) Every pawnbroker or person who has or operates a business dealing in or collecting used or secondhand merchandise or personal property, and every agent, employee, or representative of a pawnbroker or person who fails to comply with the requirements of Subsection (2)(c) is presumed to have bought, received, or obtained the property knowing it to have been stolen or unlawfully obtained. This presumption may be rebutted by proof.

(4) When, in a prosecution under this section, it appears from the evidence that the defendant was a pawnbroker or a person who has or operates a business dealing in or collecting used or secondhand merchandise or personal property, or was an agent, employee, or representative of a pawnbroker or person, that the defendant bought, received, concealed, or withheld the property without obtaining the information required in Subsection (2)(c) or (2)(d), then the burden shall be upon the defendant to show that the property bought, received, or obtained was not stolen.

(5) Subsections (2)(c), (3), and (4) do not apply to scrap metal processors as defined in Section 76-10-901.

(6) As used in this section:

(a) “Dealer” means a person in the business of buying or selling goods.

(b) “Pawnbroker” means a person who:

(i) loans money on deposit of personal property, or deals in the purchase, exchange, or possession of personal property on condition of selling the same property back again to the pledge or depositor;

(ii) loans or advances money on personal property by taking chattel mortgage security on the property and takes or receives the personal property into his possession and who sells the unredeemed pledges; or

(iii) receives personal property in exchange for money or in trade for other personal property.

CREDIT(S)

Laws 1973, c. 196, § 76-6-408; Laws 1979, c. 71, § 1; Laws 1993, c. 102, § 1; Laws 2004, c. 299, § 16, eff. Jan. 1, 2005; Laws 2009, c. 272, § 15, eff. July 1, 2009.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-409

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 4. Theft

§ 76-6-409. Theft of services

(1) A person commits theft if he obtains services which he knows are available only for compensation by deception, threat, force, or any other means designed to avoid the due payment for them.

(2) A person commits theft if, having control over the disposition of services of another, to which he knows he is not entitled, he diverts the services to his own benefit or to the benefit of another who he knows is not entitled to them.

(3) In this section “services” includes, but is not limited to, labor, professional service, public utility and transportation services, restaurant, hotel, motel, tourist cabin, rooming house, and like accommodations, the supplying of equipment, tools, vehicles, or trailers for temporary use, telephone or telegraph service, steam, admission to entertainment, exhibitions, sporting events, or other events for which a charge is made.

(4) Under this section “services” includes gas, electricity, water, sewer, or cable television services, only if the services are obtained by threat, force, or a form of deception not described in Section 76-6-409.3.

(5) Under this section “services” includes telephone services only if the services are obtained by threat, force, or a form of deception not described in Sections 76-6-409.5 through 76-6-409.9.

CREDIT(S)

Laws 1973, c. 196, § 76-6-409; Laws 1987, c. 38, § 1; Laws 1989, c. 30, § 1; Laws 1994, c. 215, § 1.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-409.1

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 4. Theft

§ 76-6-409.1. Devices for theft of services--Seizure and destruction--Civil actions for damages

(1) A person may not knowingly:

(a) make or possess any instrument, apparatus, equipment, or device for the use of, or for the purpose of, committing or attempting to commit theft under Section 76-6-409 or 76-6-409.3; or

(b) sell, offer to sell, advertise, give, transport, or otherwise transfer to another any information, instrument, apparatus, equipment, or device, or any information, plan, or instruction for obtaining, making, or assembling the same, with intent that it be used, or caused to be used, to commit or attempt to commit theft under Section 76-6-409 or 76-6-409.3.

(2)(a) Any information, instrument, apparatus, equipment, or device, or information, plan, or instruction referred to in Subsection (1) may be seized pursuant to a court order, lawful search and seizure, lawful arrest, or other lawful process.

(b) Upon the conviction of any person for a violation of any provision of this section, any information, instrument, apparatus, equipment, device, plan, or instruction shall be destroyed as contraband by the sheriff of the county in which the person was convicted.

(3) A person who violates any provision of Subsection (1) or (2) is guilty of a class A misdemeanor.

(4) Criminal prosecutions under this section do not affect any person's right of civil action for redress for damages suffered as a result of any violation of this section.

CREDIT(S)

Laws 1979, c. 77, § 1; Laws 1987, c. 38, § 2.

Codifications C. 1953, § 76-6-601.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-409.3

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 4. Theft

§ 76-6-409.3. Theft of utility or cable television services--Restitution--Civil action for damages

(1) As used in this section:

(a) “Cable television service” means any audio, video, or data service provided by a cable television company over its cable system facilities for payment, but does not include the use of a satellite dish or antenna.

(b) “Owner” includes any part-owner, joint owner, tenant in common, joint tenant, or tenant by the entirety of the whole or a part of any building and the property on which it is located.

(d) “Tenant or occupant” includes any person, including the owner, who occupies the whole or part of any building, whether alone or with others.

(e) “Utility” means any public utility, municipally-owned utility, or cooperative utility which provides electricity, gas, water, or sewer, or any combination of them, for sale to consumers.

(2) A person is guilty of theft of a utility or cable television service if the person commits any prohibited acts which make gas, electricity, water, sewer, or cable television available to a tenant or occupant, including himself, with intent to avoid due payment to the utility or cable television company. Any person aiding and abetting in these prohibited acts is a party to the offense under Section 76-2-202. Prohibited acts include:

(a) connecting any tube, pipe, wire, cable, or other instrument with any meter, device, or other instrument used for conducting gas, electricity, water, sewer, or cable television in a manner as permits the use of the gas, electricity, water, sewer, or cable television without its passing through a meter or other instrument recording the usage for billing;

(b) altering, injuring, or preventing the normal action of a meter, valve, stopcock, or other instrument used for measuring quantities of gas, electricity, water, or sewer service, or making or maintaining any modification or alteration to any device installed with the authorization of a cable television company for the purpose of intercepting or receiving any program or other service carried by the company which the person is not authorized by the company to receive;

(c) reconnecting gas, electricity, water, sewer, or cable television connections or otherwise restoring service when one or more of those utilities or cable service have been lawfully disconnected or turned off by the provider of the utility or cable service;

(d) intentionally breaking, defacing, or causing to be broken or defaced any seal, locking device, or other part of a metering device for recording usage of gas, electricity, water, or sewer service, or a security system for the recording device, or a cable television control device;

(e) removing a metering device designed to measure quantities of gas, electricity, water, or sewer service;

(f) transferring from one location to another a metering device for measuring quantities of public utility services of gas, electricity, water, or sewer service;

(g) changing the indicated consumption, jamming the measuring device, bypassing the meter or measuring device with a jumper so that it does not indicate use or registers use incorrectly, or otherwise obtaining quantities of gas, electricity, water, or sewer service from the utility without their passing through a metering device for measuring quantities of consumption for billing purposes;

(h) using a metering device belonging to the utility that has not been assigned to the location and installed by the utility;

(i) fabricating or using a device to pick or otherwise tamper with the locks used to deter utility service diversion, meter tampering, meter thefts, and unauthorized cable television service;

(j) assisting or instructing any person in obtaining or attempting to obtain any cable television service without payment of all lawful compensation to the company providing the service;

(k) making or maintaining a connection or connections, whether physical, electrical, mechanical, acoustical, or by other means, with any cables, wires, components, or other devices used for the distribution of cable television services without authority from the cable television company; or

(l) possessing without authority any device or printed circuit board designed in whole or in part to receive any cable television programming or services offered for sale over a cable television system with the intent that the device or printed circuit be used for the reception of the cable television company's services without payment. For purposes of this subsection, device or printed circuit board does not include the use of a satellite dish or antenna.

(3) The presence on property in the possession of a person of any device or alteration which permits the diversion or use of utility or cable service to avoid the registration of the use by or on a meter installed by the utility or to otherwise avoid the recording of use of the service for payment or otherwise avoid payment gives rise to an inference that the person in possession of the property installed the device or caused the alteration if:

(a) the presence of the device or alteration can be attributed only to a deliberate act in furtherance of an intent to avoid payment for utility or cable television service; and

(b) the person charged has received the direct benefit of the reduction of the cost of the utility or cable television service.

(4) A person who violates this section is guilty of the offense of theft of utility or cable television service.

(a) In the case of theft of utility services, if the value of the gas, electricity, water, or sewer service:

(i) is less than $500, the offense is a class B misdemeanor;

(ii) is or exceeds $500 but is not more than $1,500, the offense is a class A misdemeanor;

(iii) is or exceeds $1,500 but is not more than $5,000, the offense is a third degree felony; and

(iv) is or exceeds $5,000 or if the offender has previously been convicted of a violation of this section, the offense is a second degree felony.

(b) In the case of theft of cable television services, the penalties are prescribed in Section 76-6-412.

(5) A person who violates this section shall make restitution to the utility or cable television company for the value of the gas, electricity, water, sewer, or cable television service consumed in violation of this section plus all reasonable expenses and costs incurred on account of the violation of this section. Reasonable expenses and costs include expenses and costs for investigation, disconnection, reconnection, service calls, employee time, and equipment use.

(6) Criminal prosecution under this section does not affect the right of a utility or cable television company to bring a civil action for redress for damages suffered as a result of the commission of any of the acts prohibited by this section.

(7) This section does not abridge or alter any other right, action, or remedy otherwise available to a utility or cable television company.

CREDIT(S)

Laws 1987, c. 38, § 3; Laws 1989, c. 30, § 2; Laws 1990, c. 130, § 1; Laws 1995, c. 291, § 12, eff. May 1, 1995; Laws 2010, c. 193, § 10, eff. Nov. 1, 2010.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-409.5

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 4. Theft

§ 76-6-409.5. Definitions

As used in this section and Sections 76-6-409.6 through 76-6-409.10:

(1) “Access device” means any telecommunication device including the telephone calling card number, electronic serial number, account number, mobile identification number, or personal identification number that can be used to obtain telephone service.

(2) “Clone cellular telephone” or “counterfeit cellular telephone” means a cellular telephone whose electronic serial number has been altered from the electronic serial number that was programmed in the telephone by the manufacturer by someone other than the manufacturer.

(3) “Cloning paraphernalia” means materials that, when possessed in combination, are capable of the creation of a cloned cellular telephone. These materials include scanners to intercept the electronic serial number and mobile identification number, cellular telephones, cables, EPROM chips, EPROM burners, software for programming the cloned telephone with a false electronic serial number and mobile identification number combination, a computer containing such software, and lists of electronic serial number and mobile identification number combinations.

(4) “Electronic serial number” means the unique number that:

(a) was programmed into a cellular telephone by its manufacturer;

(b) is transmitted by the cellular telephone; and

(c) is used by cellular telephone providers to validate radio transmissions to the system as having been made by an authorized device.

(5) “EPROM” or “Erasable programmable read-only memory” means an integrated circuit memory that can be programmed from an external source and erased, for reprogramming, by exposure to ultraviolet light.

(6) “Intercept” means to electronically capture, record, reveal, or otherwise access, the signals emitted or received during the operation of a cellular telephone without the consent of the sender or receiver, by means of any instrument, device or equipment.

(7) “Manufacture of an unlawful telecommunication device” means to produce or assemble an unlawful telecommunication device, or to modify, alter, program, or reprogram a telecommunication device to be capable of acquiring or facilitating the acquisition of telecommunication service without the consent of the telecommunication service provider.

(8) “Mobile identification number” means the cellular telephone number assigned to the cellular telephone by the cellular telephone carrier.

(9) “Possess” means to have physical possession or otherwise to exercise control over tangible property.

(10) “Sell” means to offer to, agree to offer to, or to sell, exchange, give, or dispose of an unlawful telecommunications device to another.

(11) “Telecommunication device” means:

(a) any type of instrument, device, machine, or equipment which is capable of transmitting or receiving telephonic, electronic, or radio communications; or

(b) any part of an instrument, device, machine, or equipment, or other computer circuit, computer chip, electronic mechanism, or other component, which is capable of facilitating the transmission or reception of telephonic or electronic communications within the radio spectrum allocated to cellular radio telephony.

(12) “Telecommunication service” includes any service provided for a charge or compensation to facilitate the origination, transmission, emission, or reception of signs, signals, writings, images, and sounds or intelligence of any nature by telephone, including cellular telephones, wire, radio, television optical or other electromagnetic system.

(13) “Telecommunication service provider” means any person or entity providing telecommunication service including a cellular telephone or paging company or other person or entity which, for a fee, supplies the facility, cell site, mobile telephone switching office, or other equipment or telecommunication service.

(14) “Unlawful telecommunication device” means any telecommunication device that is capable of, or has been altered, modified, programmed, or reprogrammed, alone or in conjunction with another access device, so as to be capable of, acquiring or facilitating the acquisition of a telecommunication service without the consent of the telecommunication service provider. Unlawful devices include tumbler phones, counterfeit phones, tumbler microchips, counterfeit microchips, and other instruments capable of disguising their identity or location or of gaining access to a communications system operated by a telecommunication service provider.

CREDIT(S)

Laws 1994, c. 215, § 2; Laws 1997, c. 78, § 1, eff. May 5, 1997.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-409.6

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 4. Theft

§ 76-6-409.6. Use of telecommunication device to avoid lawful charge for service--Penalty

(1) Any person who uses a telecommunication device with the intent to avoid the payment of any lawful charge for telecommunication service or with the knowledge that it was to avoid the payment of any lawful charge for telecommunication service is guilty of:

(a) a class B misdemeanor, if the value of the telecommunication service is less than $300 or cannot be ascertained;

(b) a class A misdemeanor, if the value of the telecommunication service charge is or exceeds $300 but is not more than $1,000;

(c) a third degree felony, if the value of the telecommunication service is or exceeds $1,000 but is not more than $5,000;

(d) a second degree felony, if:

(i) the value of the telecommunication service is or exceeds $5,000; or

(ii) the cloned cellular telephone was used to facilitate the commission of a felony.

(2) Any person who has been convicted previously of an offense under this section is guilty of a second degree felony upon a second conviction and any subsequent conviction.

CREDIT(S)

Laws 1994, c. 215, § 3; Laws 1995, c. 291, § 13, eff. May 1, 1995; Laws 1997, c. 78, § 2, eff. May 5, 1997.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-409.7

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 4. Theft

§ 76-6-409.7. Possession of any unlawful telecommunication device--Penalty

(1) Any person who knowingly possesses an unlawful telecommunication device is guilty of a class B misdemeanor.

(2) Any person who knowingly possesses five or more unlawful telecommunication devices in the same criminal episode is guilty of a third degree felony.

(3) Any person is guilty of a second degree felony who:

(a) knowingly and unlawfully possesses an instrument capable of intercepting electronic serial number and mobile identification number combinations under circumstances evidencing an intent to clone; or

(b) knowingly and unlawfully possesses cloning paraphernalia under circumstances evidencing an intent to clone.

CREDIT(S)

Laws 1994, c. 215, § 4; Laws 1997, c. 78, § 3, eff. May 5, 1997.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-409.8

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 4. Theft

§ 76-6-409.8. Sale of an unlawful telecommunication device--Penalty

(1) Any person is guilty of a third degree felony who intentionally sells an unlawful telecommunication device or material, including hardware, data, computer software, or other information or equipment, knowing that the purchaser or a third person intends to use such material in the manufacture of an unlawful telecommunication device.

(2) If the offense under this section involves the intentional sale of five or more unlawful telecommunication devices within a six-month period, the person committing the offense is guilty of a second degree felony.

CREDIT(S)

Laws 1994, c. 215, § 5; Laws 1997, c. 78, § 4, eff. May 5, 1997.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-409.9

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 4. Theft

§ 76-6-409.9. Manufacture of an unlawful telecommunication device--Penalty

(1) Any person who intentionally manufactures an unlawful telecommunication device is guilty of a third degree felony.

(2) If the offense under this section involves the intentional manufacture of five or more unlawful telecommunication devices within a six-month period, the person committing the offense is guilty of a second degree felony.

CREDIT(S)

Laws 1994, c. 215, § 6; Laws 1997, c. 78, § 5, eff. May 5, 1997.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-409.10

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 4. Theft

§ 76-6-409.10. Payment of restitution--Civil action--Other remedies retained

(1) A person who violates Sections 76-6-409.5 through 76-6-409.9 shall make restitution to the telecommunication service provider for the value of the telecommunication service consumed in violation of this section plus all reasonable expenses and costs incurred on account of the violation of this section. Reasonable expenses and costs include expenses and costs for investigation, service calls, employee time, and equipment use.

(2) Criminal prosecution under this section does not affect the right of a telecommunication service provider to bring a civil action for redress for damages suffered as a result of the commission of any of the acts prohibited by this section.

(3) This section does not abridge or alter any other right, action, or remedy otherwise available to a telecommunication service provider.

CREDIT(S)

Laws 1994, c. 215, § 7; Laws 1996, c. 79, § 99, eff. April 29, 1996.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-410

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 4. Theft

§ 76-6-410. Theft by person having custody of property pursuant to repair or rental agreement

A person is guilty of theft if:

(1) Having custody of property pursuant to an agreement between himself or another and the owner thereof whereby the actor or another is to perform for compensation a specific service for the owner involving the maintenance, repair, or use of such property, he intentionally uses or operates it, without the consent of the owner, for his own purposes in a manner constituting a gross deviation from the agreed purpose; or

(2) Having custody of any property pursuant to a rental or lease agreement where it is to be returned in a specified manner or at a specified time, intentionally fails to comply with the terms of the agreement concerning return so as to render such failure a gross deviation from the agreement.

CREDIT(S)

Laws 1973, c. 196, § 76-6-410.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-410.5

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 4. Theft

§ 76-6-410.5. Theft of a rental vehicle

(1) As used in this section:

(a) “Motor vehicle” means a self-propelled vehicle that is intended primarily for use and operation on the highways.

(b) “Rental agreement” means any written agreement stating the terms and conditions governing the use of a motor vehicle provided by a rental company.

(d) “Renter” means any person or organization obtaining the use of a motor vehicle from a rental company under the terms of a rental agreement.

(2) A renter is guilty of theft of a rental vehicle if, without notice to and permission of the rental company, the renter knowingly fails without good cause to return the vehicle within 72 hours after the time established for the return in the rental agreement.

(3) If the motor vehicle is not rented on a periodic tenancy basis, the rental company shall include the following information, legibly written, as part of the terms of the rental agreement:

(a) the date and time the motor vehicle is required to be returned; and

(b) the maximum penalties under state law if the motor vehicle is not returned within 72 hours from the date and time stated in compliance with Subsection (3)(a).

CREDIT(S)

Laws 2001, c. 112, § 1, eff. April 30, 2001.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-411

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 4. Theft

§ 76-6-411. Repealed by Laws 1974, c. 32, § 41

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-412

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 4. Theft

§ 76-6-412. Theft--Classification of offenses--Action for treble damages

(1) Theft of property and services as provided in this chapter is punishable:

(a) as a second degree felony if the:

(i) value of the property or services is or exceeds $5,000;

(ii) property stolen is a firearm or an operable motor vehicle;

(iii) actor is armed with a dangerous weapon, as defined in Section 76-1-601, at the time of the theft; or

(iv) property is stolen from the person of another;

(b) as a third degree felony if:

(i) the value of the property or services is or exceeds $1,500 but is less than $5,000;

(ii) the actor has been twice before convicted of any of the offenses listed in this Subsection (1)(b)(ii), if each prior offense was committed within 10 years of the date of the current conviction or the date of the offense upon which the current conviction is based:

(A) any theft, any robbery, or any burglary with intent to commit theft;

(B) any offense under Title 76, Chapter 6, Part 5, Fraud; or

(iii) in a case not amounting to a second-degree felony, the property taken is a stallion, mare, colt, gelding, cow, heifer, steer, ox, bull, calf, sheep, goat, mule, jack, jenny, swine, poultry, or a fur-bearing animal raised for commercial purposes;

(iv)(A) the value of property or services is or exceeds $500 but is less than $1,500;

(B) the theft occurs on a property where the offender has committed any theft within the past five years; and

(C) the offender has received written notice from the merchant prohibiting the offender from entering the property pursuant to Section 78B-3-108; or

(i) the value of the property stolen is or exceeds $500 but is less than $1,500;

(ii)(A) the value of property or services is less than $500;

(B) the theft occurs on a property where the offender has committed any theft within the past five years; and

(C) the offender has received written notice from the merchant prohibiting the offender from entering the property pursuant to Section 78B-3-108; or

(d) as a class B misdemeanor if the value of the property stolen is less than $500 and the theft is not an offense under Subsection (1)(c).

(2) Any individual who violates Subsection 76-6-408(1) or Section 76-6-413, or commits theft of property described in Subsection 76-6-412(1)(b)(iii), is civilly liable for three times the amount of actual damages, if any sustained by the plaintiff, and for costs of suit and reasonable attorney fees.

CREDIT(S)

Laws 1973, c. 196, § 76-6-412; Laws 1974, c. 32, § 18; Laws 1975, c. 48, § 1; Laws 1977, c. 89, § 1; Laws 1989, c. 78, § 1; Laws 1995, c. 291, § 14, eff. May 1, 1995; Laws 1996, c. 139, § 1, eff. April 29, 1996; Laws 1997, c. 119, § 1, eff. May 5, 1997; Laws 1997, c. 289, § 8, eff. May 5, 1997; Laws 2010, c. 193, § 11, eff. Nov. 1, 2010; Laws 2012, c. 257, § 1, eff. May 8, 2012.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-412.5

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 4. Theft

§ 76-6-412.5. Property damage caused in the course of committing a theft

If a defendant who commits or attempts to commit theft as defined in Section 76-6-404 of regulated metal as defined in Section 76-10-901 and in the course of committing or attempting to commit the theft causes damage to any person's real or personal property other than the regulated metal, the defendant is liable for restitution for all costs incurred due to the damage to the person's property.

CREDIT(S)

Laws 2009, c. 325, § 2, eff. March 25, 2009.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-413

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 4. Theft

§ 76-6-413. Release of fur-bearing animals--Penalty--Finding

(1) In any case not amounting to a felony of the second degree, any person who intentionally and without permission of the owner releases any fur-bearing animal raised for commercial purposes is guilty of a felony of the third degree.

(2) The Legislature finds that the release of fur-bearing animals raised for commercial purposes subjects the animals to unnecessary suffering through deprivation of food and shelter and compromises their genetic integrity, thereby permanently depriving the owner of substantial value.

CREDIT(S)

Laws 1997, c. 119, § 2, eff. May 5, 1997.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-501

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 5. Fraud

§ 76-6-501. Forgery and producing false identification--Elements of offense--Definitions

(1) As used in this part:

(a) “Authentication feature” means any hologram, watermark, certification, symbol, code, image, sequence of numbers or letters, or other feature that either individually or in combination with another feature is used by the issuing authority on an identification document, document-making implement, or means of identification to determine if the document is counterfeit, altered, or otherwise falsified.

(b) “Document-making implement” means any implement, impression, template, computer file, computer disc, electronic device, computer hardware or software, or scanning, printing, or laminating equipment that is specifically configured or primarily used for making an identification document, a false identification document, or another document-making implement.

(i) is genuine in origin but that, without the authorization of the issuing authority, has been tampered with or altered for purposes of deceit;

(ii) is genuine, but has been distributed, or is intended for distribution, without the authorization of the issuing authority and not in connection with a lawfully made identification document, document-making implement, or means of identification to which the authentication feature is intended to be affixed or embedded by the issuing authority; or

(iii) appears to be genuine, but is not.

(d) “False identification document” means a document of a type intended or commonly accepted for the purposes of identification of individuals, and that:

(i) is not issued by or under the authority of a governmental entity or was issued under the authority of a governmental entity but was subsequently altered for purposes of deceit; and

(ii) appears to be issued by or under the authority of a governmental entity.

(e) “Governmental entity” means the United States government, a state, a political subdivision of a state, a foreign government, a political subdivision of a foreign government, an international governmental organization, or a quasi-governmental organization.

(f) “Identification document” means a document made or issued by or under the authority of a governmental entity, which, when completed with information concerning a particular individual, is of a type intended or commonly accepted for the purpose of identification of individuals.

(g) “Issuing authority” means:

(i) any governmental entity that is authorized to issue identification documents, means of identification, or authentication features; or

(ii) a business organization or financial institution or its agent that issues a financial transaction card as defined in Section 76-6-506.

(h) “Means of identification” means any name or number that may be used, alone or in conjunction with any other information, to identify a specific individual, including:

(i) name, Social Security number, date of birth, government issued driver license or identification number, alien registration number, government passport number, or employer or taxpayer identification number;

(ii) unique biometric data, such as fingerprint, voice print, retina or iris image, or other unique physical representation; or

(iii) unique electronic identification number, address, or routing code.

(i) “Personal identification card” means an identification document issued by a governmental entity solely for the purpose of identification of an individual.

(j) “Produce” includes altering, authenticating, or assembling.

(k) “State” includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other commonwealth, possession, or territory of the United States.

(l) “Traffic” means to:

(i) transport, transfer, or otherwise dispose of an item to another, as consideration for anything of value; or

(ii) make or obtain control of with intent to transport, transfer, or otherwise dispose of an item to another.

(m) “Writing” includes printing, electronic storage or transmission, or any other method of recording valuable information including forms such as:

(i) checks, tokens, stamps, seals, credit cards, badges, trademarks, money, and any other symbols of value, right, privilege, or identification;

(ii) a security, revenue stamp, or any other instrument or writing issued by a government or any agency; or

(iii) a check, an issue of stocks, bonds, or any other instrument or writing representing an interest in or claim against property, or a pecuniary interest in or claim against any person or enterprise.

(2) A person is guilty of forgery if, with purpose to defraud anyone, or with knowledge that the person is facilitating a fraud to be perpetrated by anyone, the person:

(a) alters any writing of another without his authority or utters the altered writing; or

(b) makes, completes, executes, authenticates, issues, transfers, publishes, or utters any writing so that the writing or the making, completion, execution, authentication, issuance, transference, publication, or utterance:

(i) purports to be the act of another, whether the person is existent or nonexistent;

(ii) purports to be an act on behalf of another party with the authority of that other party; or

(iii) purports to have been executed at a time or place or in a numbered sequence other than was in fact the case, or to be a copy of an original when an original did not exist.

(3) It is not a defense to a charge of forgery under Subsection (2)(b)(ii) if an actor signs his own name to the writing if the actor does not have authority to make, complete, execute, authenticate, issue, transfer, publish, or utter the writing on behalf of the party for whom the actor purports to act.

(4) A person is guilty of producing or transferring any false identification document who:

(a) knowingly and without lawful authority produces, attempts, or conspires to produce an identification document, authentication feature, or a false identification document that is or appears to be issued by or under the authority of an issuing authority;

(b) transfers an identification document, authentication feature, or a false identification document knowing that the document or feature was stolen or produced without lawful authority;

(c) produces, transfers, or possesses a document-making implement or authentication feature with the intent that the document-making implement or the authentication feature be used in the production of a false identification document or another document-making implement or authentication feature; or

(d) traffics in false or actual authentication features for use in false identification documents, document-making implements, or means of identification.

(5) A person who violates:

(a) Subsection (2) is guilty of a third degree felony; and

(b) Subsection (4) is guilty of a second degree felony.

(6) This part may not be construed to impose criminal or civil liability on any law enforcement officer acting within the scope of a criminal investigation.

(7) The forfeiture of property under this part, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be conducted in accordance with Title 24, Chapter 1, Utah Uniform Forfeiture Procedures Act.

(8) The court shall order, in addition to the penalty prescribed for any person convicted of a violation of this section, the forfeiture and destruction or other disposition of all illicit authentication features, identification documents, false transaction cards, document-making implements, or means of identification.

CREDIT(S)

Laws 1973, c. 196, § 76-6-501; Laws 1974, c. 32, § 19; Laws 1975, c. 52, § 1; Laws 1995, c. 291, § 15, eff. May 1, 1995; Laws 1996, c. 205, § 27, eff. April 29, 1996; Laws 2007, c. 141, § 1, eff. April 30, 2007; Laws 2011, c. 324, § 1, eff. May 10, 2011.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-502

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 5. Fraud

§ 76-6-502. Possession of forged writing or device for writing--Penalty

Any person who, with intent to defraud, knowingly possesses any writing that is a forgery as defined in Section 76-6-501, or who with intent to defraud knowingly possesses any device for making any writing that is a forgery as defined in Section 76-6-501, is guilty of a third degree felony.

CREDIT(S)

Laws 1973, c. 196, § 76-6-502; Laws 1974, c. 32, § 20; Laws 2001, c. 56, § 1, eff. April 30, 2001.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-503

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 5. Fraud

§ 76-6-503. Repealed by Laws 2005, c. 93, § 12, eff. May 2, 2005

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-503.5

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 5. Fraud

§ 76-6-503.5. Wrongful liens and fraudulent handling of recordable writings--Penalties

(1) “Lien” means:

(a) an instrument or document filed pursuant to Section 70A-9a-516;

(b) an instrument or document described in Subsection 38-9-1(6); and

(c) any instrument or document that creates or purports to create a lien or encumbrance on an owner's interest in real or personal property or a claim on another's assets.

(2) A person is guilty of the crime of wrongful lien if that person knowingly makes, utters, records, or files a lien:

(a) having no objectively reasonable basis to believe he has a present and lawful property interest in the property or a claim on the assets; or

(b) if the person files the lien in violation of a civil wrongful lien injunction pursuant to Title 38, Chapter 9a, Wrongful Lien Injunctions.

(3) A violation of this section is a third degree felony unless the person has been previously convicted of an offense under this section, in which case the violation is a second degree felony.

(4)(a) Any person who with intent to deceive or injure anyone falsifies, destroys, removes, records, or conceals any will, deed, mortgage, security instrument, lien, or other writing for which the law provides public recording is guilty of fraudulent handling of recordable writings.

(b) A violation of Subsection (4)(a) is a third degree felony unless the person has been previously convicted of an offense under this section, in which case the violation is a second degree felony.

(5) This section does not prohibit prosecution for any act in violation of Section 76-8-414 or for any offense greater than an offense under this section.

CREDIT(S)

Laws 2005, c. 93, § 10, eff. May 2, 2005.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-504

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 5. Fraud

§ 76-6-504. Tampering with records--Penalty

(1) Any person who, having no privilege to do so, knowingly falsifies, destroys, removes, or conceals any writing, other than the writings enumerated in Section 76-6-503.5 for which the law provides public recording or any record, public or private, with intent to deceive or injure any person or to conceal any wrongdoing is guilty of tampering with records.

(2) Tampering with records is a class B misdemeanor.

CREDIT(S)

Laws 1973, c. 196, § 76-6-504; Laws 2005, c. 93, § 11, eff. May 2, 2005.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-505

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 5. Fraud

§ 76-6-505. Issuing a bad check or draft--Presumption

(1)(a) Any person who issues or passes a check or draft for the payment of money, for the purpose of obtaining from any person, firm, partnership, or corporation, any money, property, or other thing of value or paying for any services, wages, salary, labor, or rent, knowing it will not be paid by the drawee and payment is refused by the drawee, is guilty of issuing a bad check or draft.

(b) For purposes of this Subsection (1), a person who issues a check or draft for which payment is refused by the drawee is presumed to know the check or draft would not be paid if he had no account with the drawee at the time of issue.

(2) Any person who issues or passes a check or draft for the payment of money, for the purpose of obtaining from any person, firm, partnership, or corporation, any money, property, or other thing of value or paying for any services, wages, salary, labor, or rent, payment of which check or draft is legally refused by the drawee, is guilty of issuing a bad check or draft if he fails to make good and actual payment to the payee in the amount of the refused check or draft within 14 days of his receiving actual notice of the check or draft's nonpayment.

(3) An offense of issuing a bad check or draft shall be punished as follows:

(a) If the check or draft or series of checks or drafts made or drawn in this state within a period not exceeding six months amounts to a sum that is less than $500, the offense is a class B misdemeanor.

(b) If the check or draft or checks or drafts made or drawn in this state within a period not exceeding six months amounts to a sum that is or exceeds $500 but is less than $1,500, the offense is a class A misdemeanor.

(c) If the check or draft or checks or drafts made or drawn in this state within a period not exceeding six months amounts to a sum that is or exceeds $1,500 but is less than $5,000, the offense is a felony of the third degree.

(d) If the check or draft or checks or drafts made or drawn in this state within a period not exceeding six months amounts to a sum that is or exceeds $5,000, the offense is a second degree felony.

CREDIT(S)

Laws 1973, c. 196, § 76-6-505; Laws 1977, c. 91, § 1; Laws 1983, c. 92, § 1; Laws 1995, c. 291, § 16, eff. May 1, 1995; Laws 2007, c. 306, § 99, eff. April 30, 2007; Laws 2010, c. 193, § 12, eff. Nov. 1, 2010.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-506

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 5. Fraud

§ 76-6-506. Financial transaction card offenses--Definitions

As used in this part:

(1) “Authorized credit card merchant” means a person who is authorized by an issuer to furnish money, goods, services, or anything else of value upon presentation of a financial transaction card by a card holder and to present valid credit card sales drafts to the issuer for payment.

(2) “Automated banking device” means any machine which, when properly activated by a financial transaction card or a personal identification code, may be used for any of the purposes for which a financial transaction card may be used.

(3) “Card holder” means any person or organization named on the face of a financial transaction card to whom or for whose benefit a financial transaction card is issued.

(4) “Credit card sales draft” means any sales slip, draft, or other written or electronic record of a sale of money, goods, services, or anything else of value made or purported to be made to or at the request of a card holder with a financial transaction card, financial transaction card credit number, or personal identification code, whether the record of the sale or purported sale is evidenced by a sales draft, voucher, or other similar document in writing or electronically recorded and transmitted.

(5) “Financial transaction card” means:

(a) any credit card, credit plate, bank services card, banking card, check guarantee card, debit card, telephone credit card, or any other card, issued by an issuer for the use of the card holder in obtaining money, goods, services, or anything else of value on credit, or in certifying or guaranteeing to a person or business the availability to the card holder of the funds on deposit that are equal to or greater than the amount necessary to honor a draft or check payable to the order of the person or business; or

(b) any instrument or device used in providing the card holder access to a demand or time deposit account for the purpose of making deposits of money or checks in the account, or withdrawing funds from the account in the form of money, money orders, travelers' checks or other form representing value, or transferring funds from any demand or time deposit account to any credit card account in full or partial satisfaction of any outstanding balance existing in the credit card account.

(6) “Issuer” means a business organization or financial institution or its agent that issues a financial transaction card.

(7) “Personal identification code” means any numerical or alphabetical code assigned to a card holder by the issuer to permit the authorized electronic use of the holder's financial transaction card.

CREDIT(S)

Laws 1983, c. 96, § 1; Laws 1991, c. 60, § 2; Laws 2009, c. 166, § 1, eff. May 12, 2009; Laws 2010, c. 254, § 11, eff. May 11, 2010.

Current through 2012 Fourth Special Session.

U.C.A. 1953 §76-6-506.1

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 5. Fraud

§ 76-6-506.1. Repealed by Laws 2009, c. 166, § 5, eff. May 12, 2009

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-506.2

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 5. Fraud

§ 76-6-506.2. Financial transaction card offenses--Unlawful use of card--False application for card

It is unlawful for any person to:

(1) knowingly use a false, fictitious, altered, counterfeit, revoked, expired, stolen, or fraudulently obtained financial transaction card to obtain or attempt to obtain credit, goods, property, or services;

(2) knowingly, with the intent to defraud, use a financial transaction card, credit number, personal identification code, or any other information contained on the card or in the account from which the card is issued, to obtain or attempt to obtain credit, goods, or services;

(3) knowingly, with the intent to defraud, use a financial transaction card to willfully exceed an authorized credit line by $500 or more, or by 50% or more of the line of credit, whichever is greater;

(4)(a) knowingly, with the intent to defraud, make application for a financial transaction card to an issuer and make or cause to be made a false statement or report of the person's name, occupation, financial condition, assets,or personal identifying information; or

(b) willfully and substantially undervalue or understate any indebtedness for the purposes of influencing the issuer to issue the financial transaction card; or

(5) knowingly, with the intent to defraud, present or cause to be presented to the issuer or an authorized credit card merchant, for payment or collection, any credit card sales draft, if:

(a) the draft is counterfeit or fictitious;

(b) the purported sales evidenced by any credit card sales draft did not take place;

(d) the items or services purported to be sold as evidenced by the credit card sales drafts are not delivered or rendered to the card holder or person intended to receive them.

CREDIT(S)

Laws 1983, c. 96, § 3; Laws 1991, c. 60, § 4; Laws 2007, c. 306, § 100, eff. April 30, 2007; Laws 2009, c. 166, § 2, eff. May 12, 2009.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-506.3

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 5. Fraud

§ 76-6-506.3. Financial transaction card offenses--Unlawful acquisition, possession, or transfer of card

Any person is guilty of a third degree felony who:

(1) acquires a financial transaction card from another without the consent of the card holder or the issuer;

(2) receives a financial transaction card with intent to use it in violation of Section 76-6-506.2;

(3) sells or transfers a financial transaction card to another person with the knowledge that it will be used in violation of Section 76-6-506.2;

(4)(a) acquires a financial transaction card that the person knows was lost, mislaid, or delivered under a mistake as to the identity or address of the card holder; and

(b)(i) retains possession with intent to use it in violation of Section 76-6-506.2; or

(ii) sells or transfers a financial transaction card to another person with the knowledge that it will be used in violation of Section 76-6-506.2; or

(5) possesses, sells, or transfers any information necessary for the use of a financial transaction card, including the credit number of the card, the expiration date of the card, or the personal identification code related to the card:

(a)(i) without the consent of the card holder or the issuer; or

(ii) with the knowledge that the information has been acquired without consent of the card holder or the issuer; and

(b) with intent to use the information in violation of Section 76-6-506.2.

CREDIT(S)

Laws 1983, c. 96, § 4; Laws 1997, c. 191, § 2, eff. May 5, 1997; Laws 2003, c. 306, § 1, eff. May 5, 2003; Laws 2009, c. 166, § 3, eff. May 12, 2009.

Current through 2012 Fourth Special Session.

U.C.A. 1953 §76-6-506.4

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 5. Fraud

§ 76-6-506.4. Repealed by Laws 2009, c. 166, § 5, eff. May 12, 2009

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-506.5

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 5. Fraud

§ 76-6-506.5. Financial transaction card offenses--Classification--Multiple violations

(1) Any person found guilty of unlawful conduct described in Section 76-6-506.2 or 76-6-506.6 is guilty of:

(a) a class B misdemeanor when the value of the property, money, or thing obtained or sought to be obtained is less than $500;

(b) a class A misdemeanor when the value of the property, money, or thing obtained or sought to be obtained is or exceeds $500 but is less than $1,500;

(c) a third degree felony when the value of the property, money, or thing obtained or attempted to be obtained is or exceeds $1,500 but is less than $5,000; and

(d) a second degree felony when the value of the property, money, or thing obtained or attempted to be obtained is or exceeds $5,000.

(2) Multiple violations of Subsection 76-6-506.2(1), Section 76-6-506.6, and this section may be aggregated into a single offense, and the degree of the offense is determined by the total value of all property, money, or things obtained or attempted to be obtained through the multiple violations.

(3) The court shall make appropriate findings in any prosecution under this section that the card holder did not commit the crime.

CREDIT(S)

Laws 1983, c. 96, § 6; Laws 1991, c. 60, § 5; Laws 1991, c. 241, § 91; Laws 1995, c. 291, § 18, eff. May 1, 1995; Laws 1997, c. 191, § 3, eff. May 5, 1997; Laws 1998, c. 64, § 1, eff. May 4, 1998; Laws 2000, c. 57, § 3, eff. May 1, 2000; Laws 2009, c. 166, § 4, eff. May 12, 2009; Laws 2010, c. 193, § 13, eff. Nov. 1, 2010.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-506.6

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 5. Fraud

§ 76-6-506.6. Financial transaction card offenses--Unauthorized factoring of credit card sales drafts

It is unlawful for any person, knowingly, with intent to defraud, acting without the express authorization of the issuer, to employ, solicit, or otherwise cause an authorized credit card merchant, or for the authorized credit card merchant himself, to present any credit card sales draft to the issuer for payment pertaining to any sale or purported sale of goods or services which was not made by the authorized credit card merchant in the ordinary course of business.

CREDIT(S)

Laws 1991, c. 60, § 6.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-506.7

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 5. Fraud

§ 76-6-506.7. Obtaining encoded information on a financial transaction card with the intent to defraud the issuer, holder, or merchant

(1) As used in this section:

(a) “Financial transaction card” or “card” means any credit card, credit plate, bank services card, banking card, check guarantee card, debit card, telephone credit card, or any other card, issued by an issuer for the use of the card holder in:

(i) obtaining money, goods, services, or anything else of value on credit; or

(ii) certifying or guaranteeing to a merchant the availability to the card holder of the funds on deposit that are equal to or greater than the amount necessary to honor a draft or check as the instrument for obtaining, purchasing, or receiving goods, services, money, or any other thing of value from the merchant.

(b)(i) “Merchant” means an owner or operator of any retail mercantile establishment or any agent, employee, lessee, consignee, officer, director, franchisee, or independent contractor of the owner or operator.

(ii) “Merchant” also means a person:

(A) who receives from a card holder, or a third person the merchant believes to be the card holder, a financial transaction card or information from a financial transaction card, or what the merchant believes to be a financial transaction card or information from a card; and

(B) who accepts the financial transaction card or information from a card under Subsection (1)(a)(ii)(A) as the instrument for obtaining, purchasing, or receiving goods, services, money, or any other thing of value from the merchant.

(c) “Reencoder” means an electronic device that places encoded information from the magnetic strip or stripe of a financial transaction card onto the magnetic strip or stripe of a different financial transaction card.

(d) “Scanning device” means a scanner, reader, or any other electronic device used to access, read, scan, obtain, memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a financial transaction card.

(2)(a) A person is guilty of a third degree felony who uses:

(i) a scanning device to access, read, obtain, memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a financial transaction card without the permission of the card holder and with intent to defraud the card holder, the issuer, or a merchant; or

(ii) a reencoder to place information encoded on the magnetic strip or stripe of a financial transaction card onto the magnetic strip or stripe of a different card without the permission of the authorized user of the card from which the information is being reencoded and with the intent to defraud the card holder, the issuer, or a merchant.

(b) Any person who has been convicted previously of an offense under Subsection (2)(a) is guilty of a second degree felony upon a second conviction and any subsequent conviction for the offense.

CREDIT(S)

Laws 2003, c. 306, § 2, eff. May 5, 2003.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-507

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 5. Fraud

§ 76-6-507. Deceptive business practices--Definitions--Defense

(1) A person is guilty of a class B misdemeanor if, in the course of business, he:

(a) uses or possesses for use a false weight or measure, or any other device for falsely determining or recording any quality or quantity;

(b) takes or attempts to take more than the represented quantity of any commodity or service when as buyer he furnishes the weight or measure; or

(2)(a) “Adulterated” means varying from the standard of composition or quality prescribed, or pursuant to any statute providing criminal penalties for a variance, or set by established commercial usage.

(b) “Mislabeled” means varying from the standard of truth or disclosure in labeling prescribed by or pursuant to any statute providing criminal penalties for a variance, or set by established commercial usage.

(3) It is an affirmative defense to prosecution under this section that the defendant's conduct was not knowing or reckless.

CREDIT(S)

Laws 1973, c. 196, § 76-6-507; Laws 1985, c. 157, § 1.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-508

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 5. Fraud

§ 76-6-508. Bribery of or receiving bribe by person in the business of selection, appraisal, or criticism of goods or services

(1) A person is guilty of a class A misdemeanor when, without the consent of the employer or principal, contrary to the interests of the employer or principal:

(a) he confers, offers, or agrees to confer upon the employee, agent, or fiduciary of an employer or principal any benefit with the purpose of influencing the conduct of the employee, agent, or fiduciary in relating to his employer's or principal's affairs; or

(b) he, as an employee, agent, or fiduciary of an employer or principal, solicits, accepts, or agrees to accept any benefit from another upon an agreement or understanding that such benefit will influence his conduct in relation to his employer's or principal's affairs; provided that this section does not apply to inducements made or accepted solely for the purpose of causing a change in employment by an employee, agent, or fiduciary.

(2) A person is guilty of violation of this section if he holds himself out to the public as being engaged in the business of making disinterested selection, appraisal, or criticism of goods or services and he solicits, accepts, or agrees to accept any benefit to influence his selection, appraisal, or criticism.

CREDIT(S)

Laws 1973, c. 196, § 76-6-508; Laws 1991, c. 241, § 92.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-509

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 5. Fraud

§ 76-6-509. Bribery of a labor official

(1) Any person who offers, confers, or agrees to confer upon a labor official any benefit with intent to influence him in respect to any of his acts, decisions, or duties as a labor official is guilty of bribery of a labor official.

(2) Bribery of a labor official is a felony of the third degree.

CREDIT(S)

Laws 1973, c. 196, § 76-6-509.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-510

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 5. Fraud

§ 76-6-510. Bribe receiving by a labor official

(1) Any labor official who solicits, accepts, or agrees to accept any benefit from another person upon an agreement or understanding that the benefit will influence him in any of his acts, decisions, or duties as a labor official is guilty of bribe receiving by a labor official.

(2) Bribe receiving by a labor official is a felony of the third degree.

CREDIT(S)

Laws 1973, c. 196, § 76-6-510.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-511

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 5. Fraud

§ 76-6-511. Defrauding creditors

A person is guilty of a class A misdemeanor if:

(1) he destroys, removes, conceals, encumbers, transfers, or otherwise deals with property subject to a security interest with a purpose to hinder enforcement of that interest; or

(2) knowing that proceedings have been or are about to be instituted for the appointment of a person entitled to administer property for the benefit of creditors, he:

(a) destroys, removes, conceals, encumbers, transfers, or otherwise deals with any property with a purpose to defeat or obstruct the claim of any creditor, or otherwise to obstruct the operation of any law relating to administration of property for the benefit of creditors; or

(b) presents to any creditor or to an assignee for the benefit of creditors, orally or in writing, any statement relating to the debtor's estate, knowing that a material part of such statement is false.

CREDIT(S)

Laws 1973, c. 196, § 76-6-511; Laws 1991, c. 241, § 93.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-512

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 5. Fraud

§ 76-6-512. Acceptance of deposit by insolvent financial institution

A person is guilty of a felony of the third degree if:

(1) as an officer, manager, or other person participating in the direction of a financial institution, as defined in Section 7-1-103, he receives or permits receipt of a deposit or other investment knowing that the institution is or is about to become unable, from any cause, to pay its obligations in the ordinary course of business; and

(2) he knows that the person making the payment to the institution is unaware of such present or prospective inability.

CREDIT(S)

Laws 1973, c. 196, § 76-6-512; Laws 1997, c. 10, § 131, eff. May 5, 1997.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-513

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 5. Fraud

§ 76-6-513. Definitions--Unlawful dealing of property by a fiduciary--Penalties

(1) As used in this section:

(a) “Fiduciary” is as defined in Section 22-1-1.

(b) “Financial institution” means “depository institution” and “trust company” as defined in Section 7-1-103.

(d) “Person” does not include a financial institution whose fiduciary functions are supervised by the Department of Financial Institutions or a federal regulatory agency.

(e) “Property” is as defined in Section 76-6-401.

(f) “Public money” is as defined in Section 76-8-401.

(2) A person is guilty of unlawfully dealing with property by a fiduciary if the person deals with property that has been entrusted to him as a fiduciary, or property of a governmental entity, public money, or of a financial institution, in a manner which the person knows is a violation of the person's duty and which involves substantial risk of loss or detriment to the owner or to a person for whose benefit the property was entrusted. A violation of this Subsection (2) is punishable under Section 76-6-412.

(3)(a) A person acting as a fiduciary is guilty of a violation of this subsection if, without permission of the owner of the property or some other person with authority to give permission, the person pledges as collateral for a personal loan, or as collateral for the benefit of some party, other than the owner or the person for whose benefit the property was entrusted, the property that has been entrusted to the fiduciary.

(b) An offense under Subsection (3)(a) is punishable as:

(i) a felony of the second degree if the value of the property wrongfully pledged is or exceeds $5,000;

(ii) a felony of the third degree if the value of the property wrongfully pledged is or exceeds $1,500 but is less than $5,000;

(iii) a class A misdemeanor if the value of the property is or exceeds $500, but is less than $1,500 or the actor has been twice before convicted of theft, robbery, burglary with intent to commit theft, or unlawful dealing with property by a fiduciary; or

(iv) a class B misdemeanor if the value of the property is less than $500.

CREDIT(S)

Laws 1973, c. 196, § 513; Laws 1983, c. 91, § 1; Laws 1994, c. 70, § 1; Laws 1995, c. 291, § 19, eff. May 1, 1995; Laws 2004, c. 267, § 38, eff. July 1, 2004; Laws 2008, c. 382, § 2179, eff. May 5, 2008; Laws 2010, c. 193, § 14, eff. Nov. 1, 2010.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-514

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 5. Fraud

§ 76-6-514. Bribery or threat to influence contest

A person is guilty of a felony of the third degree if:

(1) With a purpose to influence any participant or prospective participant not to give his best efforts in a publicly exhibited contest, he confers or offers or agrees to confer any benefit upon or threatens any injury to a participant or prospective participant; or

(2) With a purpose to influence an official in a publicly exhibited contest to perform his duties improperly, he confers or offers or agrees to confer any benefit upon or threatens any injury to such official; or

(3) With a purpose to influence the outcome of a publicly exhibited contest, he tampers with any person, animal, or thing contrary to the rules and usages purporting to govern the contest; or

(4) He knowingly solicits, accepts, or agrees to accept any benefit, the giving of which would be criminal under Subsection (1) or (2).

CREDIT(S)

Laws 1973, c. 196, § 76-6-514.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-515

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 5. Fraud

§ 76-6-515. Using or making slugs

(1) A person is guilty of a class B misdemeanor if:

(a) With a purpose to defraud the supplier of property or a service offered or sold by means of a coin machine, he inserts, deposits, or uses a slug in that machine; or

(b) He makes, possesses, or disposes of a slug with the purpose of enabling a person to use it fraudulently in a coin machine.

(2) As used in this section:

(a) “Coin machine” means any mechanical or electronic device or receptacle designed to receive a coin or bill of a certain denomination, or a token made for the purpose, and, in return for the insertion or deposit thereof, automatically to offer, provide, assist in providing or permit the acquisition of property or a public or private service.

(b) “Slug” means any object which, by virtue of its size, shape, or other quality, is capable of being inserted, deposited, or otherwise used in a coin machine as an improper substitute for a genuine coin, bill, or token.

CREDIT(S)

Laws 1973, c. 196, § 76-6-515.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-516

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 5. Fraud

§ 76-6-516. Conveyance of real estate by married man without wife's consent

Any married man who falsely represents himself as unmarried and under such representation knowingly conveys or mortgages real estate situate in this state, without the assent or concurrence of his wife when such consent or concurrence is necessary to relinquish her inchoate statutory interest therein, is guilty of a felony of the third degree.

CREDIT(S)

Laws 1973, c. 196, § 76-6-516.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-517

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 5. Fraud

§ 76-6-517. Making a false credit report

(1) Any person who knowingly makes a materially false or misleading written statement to obtain property or credit for himself or another is guilty of making a false credit report.

(2) Making a false credit report is a class A misdemeanor.

CREDIT(S)

Laws 1973, c. 196, § 76-6-517.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-518

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 5. Fraud

§ 76-6-518. Criminal simulation

(1) A person is guilty of criminal simulation if, with intent to defraud another:

(a) he makes or alters an object in whole or in part so that it appears to have value because of age, antiquity, rarity, source, or authorship that it does not have;

(b) he sells, passes, or otherwise utters an object so made or altered;

(d) he authenticates or certifies an object so made or altered as genuine or as different from what it is.

(2) Criminal simulation is punishable as follows:

(a) If the value defrauded or intended to be defrauded is less than $500, the offense is a class B misdemeanor.

(b) If the value defrauded or intended to be defrauded is or exceeds $500 but is less than $1,500, the offense is a class A misdemeanor.

(c) If the value defrauded or intended to be defrauded is or exceeds $1,500 but is less than $5,000, the offense is a felony of the third degree.

(d) If the value defrauded or intended to be defrauded is or exceeds $5,000, the offense is a felony of the second degree.

CREDIT(S)

Laws 1973, c. 196, § 76-6-518; Laws 1995, c. 291, § 20, eff. May 1, 1995; Laws 2010, c. 193, § 15, eff. Nov. 1, 2010.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-519

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 5. Fraud

§ 76-6-519. Repealed by Laws 1983, c. 89, § 3

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-520

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 5. Fraud

§ 76-6-520. Criminal usury

(1) A person is guilty of criminal usury when he knowingly engages in or directly or indirectly provides financing for the business of making loans at a higher rate of interest or consideration therefor than is authorized by law.

(2) Criminal usury is a felony of the third degree.

CREDIT(S)

Laws 1973, c. 196, § 76-6-520.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-521

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 5. Fraud

§ 76-6-521. Fraudulent insurance act

(1) A person commits a fraudulent insurance act if that person with intent to defraud:

(a) presents or causes to be presented any oral or written statement or representation knowing that the statement or representation contains false or fraudulent information concerning any fact material to an application for the issuance or renewal of an insurance policy, certificate, or contract;

(b) presents, or causes to be presented, any oral or written statement or representation:

(i)(A) as part of or in support of a claim for payment or other benefit pursuant to an insurance policy, certificate, or contract; or

(B) in connection with any civil claim asserted for recovery of damages for personal or bodily injuries or property damage; and

(ii) knowing that the statement or representation contains false or fraudulent information concerning any fact or thing material to the claim;

(d) intentionally, knowingly, or recklessly devises a scheme or artifice to obtain fees for professional services, or anything of value by means of false or fraudulent pretenses, representations, promises, or material omissions;

(e) knowingly employs, uses, or acts as a runner, as defined in Section 31A-31-102, for the purpose of committing a fraudulent insurance act;

(f) knowingly assists, abets, solicits, or conspires with another to commit a fraudulent insurance act; or

(g) knowingly supplies false or fraudulent material information in any document or statement required by the Department of Insurance.

(2)(a) A violation of Subsection (1)(a) is a class B misdemeanor.

(b) A violation of Subsections (1)(b) through (1)(g) is punishable as in the manner prescribed by Section 76-10-1801 for communication fraud for property of like value.

(3) A corporation or association is guilty of the offense of insurance fraud under the same conditions as those set forth in Section 76-2-204.

(4) The determination of the degree of any offense under Subsections (1)(b) through (1)(g) shall be measured by the total value of all property, money, or other things obtained or sought to be obtained by the fraudulent insurance act or acts described in Subsections (1)(b) through (1)(g).

CREDIT(S)

Laws 1973, c. 196, § 76-6-521; Laws 1994, c. 243, § 13; Laws 2004, c. 104, § 6, eff. May 3, 2004.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-522

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 5. Fraud

§ 76-6-522. Definitions--Equity skimming of a vehicle--Penalties

(1) As used in this section:

(a) “Broker” means any person who, for compensation of any kind, arranges for the sale, lease, sublease, or transfer of a vehicle.

(b) “Dealer” means any person engaged in the business of selling, leasing, or exchanging vehicles for compensation of any kind.

(d) “Security interest” means an interest in a vehicle that secures payment or performance of an obligation.

(e) “Transfer” means any delivery or conveyance of a vehicle to another from one person to another.

(f) “Vehicle” means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, or through the air or water, or over land and includes a manufactured home or mobile home as defined in Section 41-1a-102.

(2) A dealer or broker or any other person in collusion with a dealer or broker is guilty of equity skimming of a vehicle if he transfers or arranges the transfer of a vehicle for consideration or profit, when he knows or should have known the vehicle is subject to a lease or security interest, without first obtaining written authorization of the lessor or holder of the security interest.

(3) Equity skimming of a vehicle is a third degree felony.

(4) It is a defense to the crime of equity skimming of a vehicle if the accused proves by a preponderance of the evidence that the lease obligation or security interest has been satisfied within 30 days following the transfer of the vehicle.

CREDIT(S)

Laws 1991, c. 291, § 1; Laws 1992, c. 1, § 208.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-523

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 5. Fraud

§ 76-6-523. Obstruction of the leasing of real property for natural resource or agricultural production--Criminal penalties

(1) As used in this section:

(a) “Competitive process” includes public auction or other public competitive bidding process.

(b) “Natural resource or agricultural production” means:

(i) the extraction or production of oil, gas, hydrocarbons, or other minerals;

(ii) production for commercial purposes of crops, livestock, and livestock products, including grazing; or

(iii) activities similar in purpose to those listed in Subsections (1)(b)(i) and (ii).

(2) A person is guilty of obstruction of the leasing of real property for natural resource or agricultural production if the person:

(a) bids for a lease as part of a competitive process for the lease;

(b) does not intend to pay for the lease at the time the person makes the bid described in Subsection (2)(a); and

(3) The offense of obstruction of the leasing of real property for natural resource or agricultural production is:

(a) a third degree felony; and

(b) subject to a minimum fine of not less than $7,500.

CREDIT(S)

Laws 2009, c. 306, § 1, eff. May 12, 2009.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-524

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 5. Fraud

§ 76-6-524. Falsifying information for preconstruction lien purposes

A person who knowingly falsifies information for the purpose of obtaining priority of a preconstruction lien under Title 38, Chapter 1a, Preconstruction and Construction Liens, is guilty of a class B misdemeanor.

CREDIT(S)

Laws 2011, c. 339, § 20, eff. May 10, 2011; Laws 2012, c. 278, § 74, eff. May 8, 2012.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-601

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 6. Retail Theft

§ 76-6-601. Definitions

As used in this chapter:

(1) “Merchandise” means any personal property displayed, held or offered for sale by a merchant.

(2) “Merchant” means an owner or operator of any retail mercantile establishment where merchandise is displayed, held or offered for sale and includes the merchant's employees, servants or agents.

(3) “Minor” means any unmarried person under 18 years of age.

(4) “Peace officer” has the same meaning as provided in Title 53, Chapter 13, Peace Officer Classifications.

(5) “Premises of a retail mercantile establishment” includes, but is not limited to, the retail mercantile establishment; any common use areas in shopping centers and all parking lots or areas set aside for the benefit of those patrons of the retail mercantile establishment.

(6) “Retail mercantile establishment” means any place where merchandise is displayed, held, or offered for sale to the public.

(7) “Retail value” means the merchant's stated or advertised price of the merchandise.

(8) “Shopping cart” means those push carts of the types which are commonly provided by grocery stores, drug stores, or other mercantile establishments or markets for the use of the public in transporting commodities in stores and markets from the store to a place outside the store.

(9) “Under-ring” means to cause the cash register or other sales recording device to reflect less than the retail value of the merchandise.

CREDIT(S)

Laws 1979, c. 78, § 1; Laws 1990, c. 93, § 38; Laws 1993, c. 234, § 378; Laws 1998, c. 282, § 68, eff. May 4, 1998.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-602

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 6. Retail Theft

§ 76-6-602. Retail theft, acts constituting

A person commits the offense of retail theft when he knowingly:

(1) Takes possession of, conceals, carries away, transfers or causes to be carried away or transferred, any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment with the intention of retaining such merchandise or with the intention of depriving the merchant permanently of the possession, use or benefit of such merchandise without paying the retail value of such merchandise; or

(2) Alters, transfers, or removes any label, price tag, marking, indicia of value or any other markings which aid in determining value of any merchandise displayed, held, stored or offered for sale, in a retail mercantile establishment and attempts to purchase such merchandise personally or in consort with another at less than the retail value with the intention of depriving the merchant of the retail value of such merchandise; or

(3) Transfers any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment from the container in or on which such merchandise is displayed to any other container with the intention of depriving the merchant of the retail value of such merchandise; or

(4) Under-rings with the intention of depriving the merchant of the retail value of the merchandise; or

(5) Removes a shopping cart from the premises of a retail mercantile establishment with the intent of depriving the merchant of the possession, use or benefit of such cart.

CREDIT(S)

Laws 1979, c. 78, § 2.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-603

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 6. Retail Theft

§ 76-6-603. Detention of suspected violator by merchant--Purposes

(1) Any merchant who has probable cause to believe that a person has committed retail theft may detain such person, on or off the premises of a retail mercantile establishment, in a reasonable manner and for a reasonable length of time for all or any of the following purposes:

(a) to make reasonable inquiry as to whether such person has in his possession unpurchased merchandise and to make reasonable investigation of the ownership of such merchandise;

(b) to request identification;

(d) to make a reasonable request of such person to place or keep in full view any merchandise such individual may have removed, or which the merchant has reason to believe he may have removed, from its place of display or elsewhere, whether for examination, purchase, or for any other reasonable purpose;

(e) to inform a peace officer of the detention of the person and surrender that person to the custody of a peace officer;

(f) in the case of a minor, to inform a peace officer, the parents, guardian, or other private person interested in the welfare of that minor immediately, if possible, of this detention and to surrender custody of such minor to such person.

(2) A merchant may make a detention as permitted herein off the premises of a retail mercantile establishment only if such detention is pursuant to an immediate pursuit of such person.

CREDIT(S)

Laws 1979, c. 78, § 3; Laws 2007, c. 306, § 101, eff. April 30, 2007.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-604

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 6. Retail Theft

§ 76-6-604. Defense to action by person detained

In any action for false arrest, false imprisonment, unlawful detention, defamation of character, assault, trespass, or invasion of civil rights brought by any person detained by the merchant, it shall be a defense to such action that the merchant detaining such person had probable cause to believe that the person had committed retail theft and that the merchant acted reasonably under all circumstances.

CREDIT(S)

Laws 1979, c. 78, § 4.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-605

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 6. Retail Theft

§ 76-6-605. Repealed by Laws 2009, c. 264, § 1, eff. May 12. 2009

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-606

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 6. Retail Theft

§ 76-6-606. Penalty

An act of theft committed in violation of this part shall be punished in accordance with Subsection 76-6-412(1).

CREDIT(S)

Laws 1979, c. 78, § 6; Laws 2000, c. 236, § 1, eff. May 1, 2000.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-607

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 6. Retail Theft

§ 76-6-607. Report of arrest to division

Any arrest made for a violation of this part shall be reported by the appropriate jurisdiction to the Criminal Investigations and Technical Services Division of the Department of Public Safety, established in Section 53-10-103, which shall keep a record of the arrest together with the disposition of the arrest for purposes of inquiry by any law enforcement agency.

CREDIT(S)

Laws 1979, c. 78, § 7; Laws 1993, c. 234, § 379; Laws 1998, c. 263, § 56, eff. May 4, 1998.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-608

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 6. Retail Theft

§ 76-6-608. Theft detection shielding devices prohibited--Penalties

(1) A person may not knowingly:

(a) make or possess any container or device used for, intended for use for, or represented as having the purpose of shielding merchandise from any electronic or magnetic theft alarm sensor, with the intent to commit a theft of merchandise;

(b) sell, offer to sell, advertise, give, transport, or otherwise transfer to another any container or device intended for use for or represented as having the purpose of shielding merchandise from any electronic or magnetic theft alarm sensor;

(c) possess any tool or instrument designed to remove any theft detection device from any merchandise, with the intent to use the tool or instrument to remove any theft detection device from any merchandise without the permission of the merchant or the person owning or in possession of the merchandise; or

(d) intentionally remove a theft detection device from merchandise prior to purchase and without the permission of the merchant.

(2)(a) A violation of Subsection (1)(a), (b), or (c) is a class A misdemeanor.

(b) A violation of Subsection (1)(d) is a:

(i) class B misdemeanor if the value of the merchandise from which the theft detection device is removed is less than $500; or

(ii) class A misdemeanor if the value of the merchandise from which the theft detection device is removed is or exceeds $500.

(3) A violation of Subsection (1) is a separate offense from any offense listed in Title 76, Chapter 6, Part 4, Theft, or Part 6, Retail Theft.

(4) Criminal prosecutions under this section do not affect any person's right of civil action for redress for damages suffered as a result of any violation of this section.

CREDIT(S)

Laws 2000, c. 236, § 2, eff. May 1, 2000; Laws 2003, c. 173, § 1, eff. May 5, 2003; Laws 2010, c. 193, § 16, eff. Nov. 1, 2010.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-701

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 7. Computer Crimes

§ 76-6-701. Computer Crimes Act--Short title

This part is known as the “Utah Computer Crimes Act.”

CREDIT(S)

Laws 1979, c. 75, § 1; Laws 1986, c. 123, § 1.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-702

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 7. Computer Crimes

§ 76-6-702. Definitions

As used in this part:

(1) “Access” means to directly or indirectly use, attempt to use, instruct, communicate with, cause input to, cause output from, or otherwise make use of any resources of a computer, computer system, computer network, or any means of communication with any of them.

(2) “Authorization” means having the express or implied consent or permission of the owner, or of the person authorized by the owner to give consent or permission to access a computer, computer system, or computer network in a manner not exceeding the consent or permission.

(3) “Computer” means any electronic device or communication facility that stores, retrieves, processes, or transmits data.

(4) “Computer system” means a set of related, connected or unconnected, devices, software, or other related computer equipment.

(5) “Computer network” means:

(a) the interconnection of communication or telecommunication lines between:

(i) computers; or

(ii) computers and remote terminals; or

(b) the interconnection by wireless technology between:

(i) computers; or

(ii) computers and remote terminals.

(6) “Computer property” includes electronic impulses, electronically produced data, information, financial instruments, software, or programs, in either machine or human readable form, any other tangible or intangible item relating to a computer, computer system, computer network, and copies of any of them.

(7) “Confidential” means data, text, or computer property that is protected by a security system that clearly evidences that the owner or custodian intends that it not be available to others without the owner's or custodian's permission.

(8) “Information” does not include information obtained:

(a) through use of:

(i) an electronic product identification or tracking system; or

(ii) other technology used by a retailer to identify, track, or price goods; and

(b) by a retailer through the use of equipment designed to read the electronic product identification or tracking system data located within the retailer's location.

(9) “License or entitlement” includes:

(a) licenses, certificates, and permits granted by governments;

(b) degrees, diplomas, and grades awarded by educational institutions;

(d) membership and standing in organizations and religious institutions;

(e) certification as a peace officer;

(f) credit reports; and

(g) another record or datum upon which a person may be reasonably expected to rely in making decisions that will have a direct benefit or detriment to another.

(10) “Security system” means a computer, computer system, network, or computer property that has some form of access control technology implemented, such as encryption, password protection, other forced authentication, or access control designed to keep out unauthorized persons.

(11) “Services” include computer time, data manipulation, and storage functions.

(12) “Financial instrument” includes any check, draft, money order, certificate of deposit, letter of credit, bill of exchange, electronic fund transfer, automated clearing house transaction, credit card, or marketable security.

(13) “Software” or “program” means a series of instructions or statements in a form acceptable to a computer, relating to the operations of the computer, or permitting the functioning of a computer system in a manner designed to provide results including system control programs, application programs, or copies of any of them.

CREDIT(S)

Laws 1979, c. 75, § 2; Laws 1986, c. 123, § 2; Laws 1997, c. 300, § 2, eff. May 5, 1997; Laws 2005, c. 72, § 1, eff. May 2, 2005.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-703

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 7. Computer Crimes

§ 76-6-703. Computer crimes and penalties

(1) A person who without authorization gains or attempts to gain access to and alters, damages, destroys, discloses, or modifies any computer, computer network, computer property, computer system, computer program, computer data or software, and thereby causes damage to another, or obtains money, property, information, or a benefit for any person without legal right, is guilty of:

(a) a class B misdemeanor when:

(i) the damage caused or the value of the money, property, or benefit obtained or sought to be obtained is less than $500; or

(ii) the information obtained is not confidential;

(b) a class A misdemeanor when the damage caused or the value of the money, property, or benefit obtained or sought to be obtained is or exceeds $500 but is less than $1,500;

(c) a third degree felony when the damage caused or the value of the money, property, or benefit obtained or sought to be obtained is or exceeds $1,500 but is less than $5,000;

(d) a second degree felony when the damage caused or the value of the money, property, or benefit obtained or sought to be obtained is or exceeds $5,000; or

(e) a third degree felony when:

(i) the property or benefit obtained or sought to be obtained is a license or entitlement;

(ii) the damage is to the license or entitlement of another person; or

(iii) the information obtained is confidential; or

(iv) in gaining access the person breaches or breaks through a security system.

(2)(a) Except as provided in Subsection (2)(b), a person who intentionally or knowingly and without authorization gains or attempts to gain access to a computer, computer network, computer property, or computer system under circumstances not otherwise constituting an offense under this section is guilty of a class B misdemeanor.

(b) Notwithstanding Subsection (2)(a), a retailer that uses an electronic product identification or tracking system, or other technology to identify, track, or price goods is not guilty of a violation of Subsection (2)(a) if the equipment designed to read the electronic product identification or tracking system data and used by the retailer to identify, track, or price goods is located within the retailer's location.

(3) A person who uses or knowingly allows another person to use any computer, computer network, computer property, or computer system, program, or software to devise or execute any artifice or scheme to defraud or to obtain money, property, services, or other things of value by false pretenses, promises, or representations, is guilty of an offense based on the value of the money, property, services, or things of value, in the degree set forth in Subsection 76-10-1801(1).

(4) A person who intentionally or knowingly and without authorization, interferes with or interrupts computer services to another authorized to receive the services is guilty of a class A misdemeanor.

(5) It is an affirmative defense to Subsections (1) and (2) that a person obtained access or attempted to obtain access in response to, and for the purpose of protecting against or investigating, a prior attempted or successful breach of security of a computer, computer network, computer property, computer system whose security the person is authorized or entitled to protect, and the access attempted or obtained was no greater than reasonably necessary for that purpose.

CREDIT(S)

Laws 1986, c. 123, § 3; Laws 1995, c. 291, § 21, eff. May 1, 1995; Laws 1997, c. 300, § 3, eff. May 5, 1997; Laws 2005, c. 72, § 2, eff. May 2, 2005; Laws 2010, c. 193, § 17, eff. Nov. 1, 2010.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-704

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 7. Computer Crimes

§ 76-6-704. Attorney general, county attorney, or district attorney to prosecute--Conduct violating other statutes

(1) The attorney general, district attorney, or the county attorney shall prosecute suspected criminal violations of this part.

(2) Prosecution under this part does not prevent any prosecutions under any other law.

CREDIT(S)

Laws 1979, c. 75, § 4; Laws 1986, c. 123, § 4; Laws 1993, c. 38, § 77.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-705

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 7. Computer Crimes

§ 76-6-705. Reporting violations

Every person, except those to whom a statutory or common law privilege applies, who has reason to believe that the provisions of Section 76-6-703 are being or have been violated shall report the suspected violation to the attorney general, or county attorney, or, if within a prosecution district, the district attorney of the county or prosecution district in which part or all of the violations occurred.

CREDIT(S)

Laws 1986, c. 123, § 5; Laws 1993, c. 38, § 78.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-801

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 8. Library Theft

§ 76-6-801. Acts constituting library theft

A person is guilty of the crime of library theft when he willfully, for the purpose of converting to personal use, and depriving the owner, conceals on his person or among his belongings library materials while on the premises of the library or willfully and without authority removes library materials from the library building with the intention of converting them to his own use.

CREDIT(S)

Laws 1981, c. 168, § 1; Laws 1987, c. 245, § 2.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-802

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 8. Library Theft

§ 76-6-802. Presumption of intent

A person who willfully conceals library materials on his person or among his belongings while on the premises of the library or in its immediate vicinity is prima facie presumed to have concealed library materials with the intention of converting them to his own use. If library materials are found concealed upon his person or among his belongings, or electronic security devices are activated by the person's presence, it is prima facie evidence of willful concealment.

CREDIT(S)

Laws 1981, c. 168, § 2; Laws 1987, c. 245, § 3.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-803

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 8. Library Theft

§ 76-6-803. Mutilation or damaging of library material as library theft

A person is guilty of the crime of library theft when he intentionally or recklessly writes upon, injures, defaces, tears, cuts, mutilates, destroys, or otherwise damages library materials.

CREDIT(S)

Laws 1981, c. 168, § 3; Laws 1987, c. 245, § 4.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-803.30

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 8. Library Theft

§ 76-6-803.30. Failure to return library material as library theft--Notice--Failure to pay replacement value--Written notice

(1) A person is guilty of library theft when, having possession or having been in possession of library materials, he:

(a) fails to return the materials within 30 days after receiving written notice demanding return of the materials; or

(b) if the materials are lost or destroyed, fails to pay the replacement value of the materials within 30 days after being notified.

(2) Written notice is considered received upon the sworn affidavit of the person delivering the notice with a statement as to the date, place, and manner of delivery, or upon proof that the notice was mailed postage prepaid, via the United States Postal Service, to the current address listed for the person in the library records.

CREDIT(S)

Laws 1987, c. 245, § 5.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-803.60

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 8. Library Theft

§ 76-6-803.60. Detention of theft suspect by library employee--Purposes

(1) Any employee of the library who has probable cause to believe that a person has committed library theft may detain the person, on or off the premises of a library, in a reasonable manner and for a reasonable length of time for all or any of the following purposes:

(a) to make reasonable inquiry as to whether the person has in his possession concealed library materials;

(b) to request identification;

(d) to make a reasonable request of the person to place or keep in full view any library materials the individual may have removed, or which the employee has reason to believe he may have removed, from its place of display or elsewhere, whether for examination, or for any other reasonable purpose;

(e) to inform a peace officer of the detention of the person and surrender that person to the custody of a peace officer; or

(f) in the case of a minor, to inform a peace officer, the parents, guardian, or other private person interested in the welfare of the minor as soon as possible of this detention and to surrender custody of the minor to this person.

(2) An employee may make a detention under this section off the library premises only if the detention is pursuant to an immediate pursuit of the person.

CREDIT(S)

Laws 1987, c. 245, § 6.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-803.90

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 8. Library Theft

§ 76-6-803.90. Liability--Defense--Probable cause--Reasonableness

In any action for false arrest, false imprisonment, unlawful detention, defamation of character, assault, trespass, or invasion of civil rights brought by any person detained by an employee of the library, it is a defense to the action that the employee of the library detaining the person had probable cause to believe that the person had committed library theft and that the employee acted reasonably under all circumstances.

CREDIT(S)

Laws 1987, c. 245, § 7.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-804

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 8. Library Theft

§ 76-6-804. “Book or other library materials” defined

The terms “book or other library materials” as used in this act include any book, plate, picture, photograph, engraving, painting, drawing, map, newspaper, magazine, pamphlet, broadside, manuscript, document, letter, public record, microfilm, sound recording, audiovisual materials in any format, electronic data processing records, artifacts, or other documentary, written or printed materials regardless of physical form or characteristics, belonging to, on loan to, or otherwise in the custody of the following:

(1) any public library;

(2) any library of an educational or historical society;

(3) any museum; or

(4) any repository of public records.

CREDIT(S)

Laws 1981, c. 168, § 4.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-805

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 8. Library Theft

§ 76-6-805. Penalty

Any person violating the provisions of this act shall be subject to provisions of Section 76-6-412.

CREDIT(S)

Laws 1981, c. 168, § 5.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-901

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 9. Cultural Sites Protection

§ 76-6-901. Definitions

As used in this part:

(1) “Antiquities” means:

(a) all material remains and their associations, recoverable through excavation or surface collection, that provide information pertaining to the historic or prehistoric peoples in the state; and

(b) vertebrate fossils and other exceptional fossils and fossil sites designated as state landmarks.

(2) “Landowner” includes the School and Institutional Trust Lands Administration with respect to lands sold by the School and Institutional Trust Lands Administration and upon which a restrictive deed covenant has been imposed by the School and Institutional Trust Lands Administration.

(3) “Persons” means an individual, corporation, partnership, trust, institution, association, or any other private entity or any officer, employee, agent, department, or instrumentality of the United States, of any Native American tribe, or of any state or political subdivision of any state.

(4) “State lands” means all lands owned by:

(a) Utah, including school and institutional trust lands and lands sold by the School and Institutional Trust Lands Administration subject to a restrictive deed covenant for the protection of antiquities; and

(b) political subdivisions.

CREDIT(S)

Laws 1990, c. 277, § 1; Laws 2006, c. 111, § 1, eff. May 1, 2006.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-902

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 9. Cultural Sites Protection

§ 76-6-902. Prohibitions

(1) It is unlawful for any person to intentionally alter, remove, injure, or destroy antiquities from state lands or private lands without the landowner's consent.

(2) It is unlawful to intentionally reproduce, rework, or forge any antiquities or make any object, whether copies or not, or falsely label, describe, identify, or offer for sale or exchange any object with the intent to represent the object as original and genuine, nor may any person offer any object for sale or exchange that was collected or excavated in violation of this chapter.

CREDIT(S)

Laws 1990, c. 277, § 2; Laws 1999, c. 51, § 1, eff. May 3, 1999; Laws 2006, c. 111, § 2, eff. May 1, 2006.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-903

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 9. Cultural Sites Protection

§ 76-6-903. Penalties

(1) A person is guilty of a class B misdemeanor if that person:

(a) violates this part; or

(b) counsels, procures, solicits, or employs any other person to violate this part.

(2) A person is guilty of a third degree felony if:

(a) that person commits a second or subsequent violation described in Subsection (1); or

(b) the amount calculated under Subsection (3) for a violation described in Subsection (1) exceeds $500.

(3) The amount described in Subsection (2)(b) is calculated by adding the:

(a) commercial or archaeological value of the antiquities involved in the violation; and

(b) cost of the restoration and repair of the antiquities involved in the violation.

(4)(a) All property used in conjunction with the criminal activity, together with all photographs and records, shall be forfeited to the state.

(b) All articles and material discovered, collected, excavated, or offered for sale or exchange shall be surrendered to the landowner.

CREDIT(S)

Laws 1990, c. 277, § 3; Laws 1991, c. 241, § 94; Laws 1999, c. 51, § 2, eff. May 3, 1999.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-1001

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 10. Mail Box Damage and Mail Theft

§ 76-6-1001. Definitions

As used in this part:

(1) “Key” means any instrument used by the postal service and postal customer, and which is designed to operate the lock on a mail receptacle.

(2) “Mail” means any letter, card, parcel, or other material, along with its contents, that:

(a) has postage affixed by the postal customer or postal service;

(b) has been accepted for delivery by the postal service;

(d) the postal service delivers to the postal customer.

(3) “Mail receptacle” means a mail box, post office box, rural box, or any place intended or used by postal customers or the postal service for the collection or delivery of mail.

(4) “Postage” means a postal service stamp, permit imprint, meter strip, or other indication of either prepayment for postal service provided or authorization by the postal service for collection and delivery of mail.

(5) “Postal service” means the United States Postal Service and any motor carrier engaged in the business of collecting, transporting, and delivering mail.

CREDIT(S)

Laws 1998, c. 87, § 1, eff. May 4, 1998.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-1002

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 10. Mail Box Damage and Mail Theft

§ 76-6-1002. Damage to mail receptacle--Penalties--Greater offenses

(1) A person commits the crime of damage to a mail receptacle if the person knowingly damages the condition of a mail receptacle, including:

(a) taking, concealing, damaging, or destroying a key; or

(b) breaking open, tearing down, taking, damaging, or destroying a mail receptacle.

(2)(a) In determining the degree of an offense committed under Subsection (1), the penalty levels in Subsection 76-6-106(3)(b) apply.

(b) If the act committed amounts to an offense subject to a greater penalty, this subsection does not prohibit prosecution and sentencing for the more serious offense.

CREDIT(S)

Laws 1998, c. 87, § 2, eff. May 4, 1998; Laws 2002, c. 166, § 7, eff. May 6, 2002.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-1003

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 10. Mail Box Damage and Mail Theft

§ 76-6-1003. Mail theft--Penalties

(1) A person commits the crime of mail theft if the person:

(a) knowingly, and with the intent to deprive another:

(i) takes, destroys, hides, or embezzles mail; or

(ii) obtains any mail by fraud or deception; or

(b) buys, receives, conceals, or possesses mail and knows or reasonably should have known that the mail was unlawfully taken or obtained.

(2) Mail theft is a:

(a) felony of the second degree if the value of the mail is or exceeds $5,000;

(b) felony of the third degree if the value of the mail is or exceeds $1,000, but is less than $5,000 in value; and

CREDIT(S)

Laws 1998, c. 87, § 3, eff. May 4, 1998; Laws 2004, c. 340, § 1, eff. May 3, 2004.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-1004

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 10. Mail Box Damage and Mail Theft

§ 76-6-1004. Presumptions and defenses

(1) The presumptions and defenses regarding the theft of property in Section 76-6-402 apply to this part, in addition to the provisions of this section.

(2) It is a defense to a charge of mail theft that:

(a) the defendant was unaware that the mail belonged to another person;

(b) the defendant reasonably believed he was entitled to the mail or had a right to acquire or dispose of the mail as he did; or

(c) the mail belonged to the defendant's spouse, unless the parties were either legally separated or living in separate residences at the time of the alleged mail theft.

CREDIT(S)

Laws 1998, c. 87, § 4, eff. May 4, 1998.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-1101

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 11. Identity Fraud Act

§ 76-6-1101. Identity fraud

This part is known as the “Identity Fraud Act.”

CREDIT(S)

Laws 2000, c. 57, § 4, eff. May 1, 2000.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-1102

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 11. Identity Fraud Act

§ 76-6-1102. Identity fraud crime

(1) As used in this part, “personal identifying information” may include:

(a) name;

(b) birth date;

(d) telephone number;

(e) drivers license number;

(f) Social Security number;

(g) place of employment;

(h) employee identification numbers or other personal identification numbers;

(i) mother's maiden name;

(j) electronic identification numbers;

(k) electronic signatures under Title 46, Chapter 4, Uniform Electronic Transactions Act; or

(l) any other numbers or information that can be used to access a person's financial resources or medical information, except for numbers or information that can be prosecuted as financial transaction card offenses under Sections 76-6-506 through 76-6-506.4.

(2)(a) A person is guilty of identity fraud when that person:

(i) obtains personal identifying information of another person whether that person is alive or deceased; and

(ii) knowingly or intentionally uses, or attempts to use, that information with fraudulent intent, including to obtain, or attempt to obtain, credit, goods, services, employment, any other thing of value, or medical information.

(b) It is not a defense to a violation of Subsection (2)(a) that the person did not know that the personal information belonged to another person.

(3) Identity fraud is:

(a) except as provided in Subsection (3)(b)(ii), a third degree felony if the value of the credit, goods, services, employment, or any other thing of value is less than $5,000; or

(b) a second degree felony if:

(i) the value of the credit, goods, services, employment, or any other thing of value is or exceeds $5,000; or

(ii) the use described in Subsection (2)(a)(ii) of personal identifying information results, directly or indirectly, in bodily injury to another person.

(4) Multiple violations may be aggregated into a single offense, and the degree of the offense is determined by the total value of all credit, goods, services, or any other thing of value used, or attempted to be used, through the multiple violations.

(5) When a defendant is convicted of a violation of this section, the court shall order the defendant to make restitution to any victim of the offense or state on the record the reason the court does not find ordering restitution to be appropriate.

(6) Restitution under Subsection (5) may include:

(a) payment for any costs incurred, including attorney fees, lost wages, and replacement of checks; and

(b) the value of the victim's time incurred due to the offense:

(i) in clearing the victim's credit history or credit rating;

(ii) in any civil or administrative proceedings necessary to satisfy or resolve any debt, lien, or other obligation of the victim or imputed to the victim and arising from the offense; and

(iii) in attempting to remedy any other intended or actual harm to the victim incurred as a result of the offense.

CREDIT(S)

Laws 2000, c. 57, § 5, eff. May 1, 2000; Laws 2002, c. 122, § 3, eff. May 6, 2002; Laws 2003, c. 79, § 1, eff. May 5, 2003; Laws 2004, c. 227, § 3, eff. May 3, 2004; Laws 2005, c. 101, § 1, eff. May 2, 2005; Laws 2006, c. 21, § 11, eff. May 1, 2006; Laws 2006, c. 345, § 1, eff. May 1, 2006; Laws 2007, c. 94, § 1, eff. April 30, 2007; Laws 2008, c. 361, § 1, eff. May 5, 2008; Laws 2009, c. 164, § 1, eff. May 12, 2009.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-1103

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 11. Identity Fraud Act

§ 76-6-1103. Investigation of violation

In addition to investigations conducted by law enforcement agencies, the Office of the Attorney General also has responsibility for investigating violations of this part where identity fraud is the primary violation that is alleged to have been committed.

CREDIT(S)

Laws 2000, c. 57, § 6, eff. May 1, 2000; Laws 2002, c. 122, § 4, eff. May 6, 2002; Laws 2003, c. 79, § 2, eff. May 5, 2003; Laws 2004, c. 227, § 4, eff. May 3, 2004.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-1104

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 11. Identity Fraud Act

§ 76-6-1104. Court records

In any case in which a person commits identify fraud and uses the personal identifying information obtained to commit a crime in addition to the identity fraud, the court shall make appropriate findings in any prosecution of such a crime that the person whose identity was falsely used to commit the crime did not commit the crime.

CREDIT(S)

Laws 2000, c. 57, § 7, eff. May 1, 2000.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-1105

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 11. Identity Fraud Act

§ 76-6-1105. Unlawful possession of another's identification documents

(1) For purposes of this section “identifying document” means:

(a) a government issued identifying document;

(b) a vehicle registration certificate; or

(c) any other document containing personal identifying information as defined in Subsections 76-6-1102(1)(d) through (k).

(2)(a) Notwithstanding the provisions of Subsection 76-6-1102(3), a person is guilty of a class A misdemeanor if he:

(i) obtains or possesses an identifying document with knowledge that he is not entitled to obtain or possess the identifying document; or

(ii) assists another person in obtaining or possessing an identifying document with knowledge that the person is not entitled to obtain or possess the identifying document.

(b) A person is guilty of a third degree felony if he:

(i) obtains or possesses multiple identifying documents with knowledge that he is not entitled to obtain or possess the multiple identifying documents; or

(ii) assists another person in obtaining or possessing multiple identifying documents with knowledge that the person is not entitled to obtain or possess the multiple identifying documents.

(c) For purposes of Subsection (2)(b), “multiple identifying documents” means identifying documents of two or more people.

CREDIT(S)

Laws 2004, c. 227, § 5, eff. May 3, 2004.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-1201

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 12. Utah Mortgage Fraud Act

§ 76-6-1201. Title

This part is known as the “Utah Mortgage Fraud Act.”

CREDIT(S)

Laws 2008, c. 370, § 5, eff. May 5, 2008.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-1202

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 12. Utah Mortgage Fraud Act

§ 76-6-1202. Definitions

As used in this part:

(1) “Mortgage lending process” means the process through which a person seeks or obtains a mortgage loan, including solicitation, application, or origination, negotiation of terms, third-party provider services, underwriting, signing and closing, and funding of the loan.

(2) “Mortgage loan”:

(a) means a loan or agreement made to extend credit to a person when the loan is secured by a deed, security deed, mortgage, security interest, deed of trust, or other document representing a security interest or lien upon any interest in one-to-four family residential property; and

(b) includes the renewal or refinancing of any loan.

(3) “Pattern of unlawful activity” has the same definition as in Section 76-10-1602.

(4) “Sensitive personal identifying information” includes:

(a) the following information regarding an individual's:

(i) Social Security number;

(ii) driver license number or other government issued identification number;

(iii) financial account number or credit or debit card number;

(iv) password or personal identification number or other identification required to gain access to a financial account or a secure website;

(v) automated or electronic signature; and

(vi) unique biometric data; and

(b) any other information that can be used to gain access to an individual's financial accounts or to obtain goods or services.

(5) “Value” means the value of the property, money, or thing obtained or sought to be obtained.

CREDIT(S)

Laws 2008, c. 370, § 6, eff. May 5, 2008.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-1203

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 12. Utah Mortgage Fraud Act

§ 76-6-1203. Mortgage fraud

A person commits the offense of mortgage fraud if the person does any of the following with the intent to defraud:

(1) knowingly makes any material misstatement, misrepresentation, or omission during the mortgage lending process, intending that it be relied upon by a mortgage lender, borrower, or any other party to the mortgage lending process;

(2) knowingly uses or facilitates the use of any material misstatement, misrepresentation, or omission, during the mortgage lending process, intending that it be relied upon by a mortgage lender, borrower, or any other party to the mortgage lending process;

(3) files or causes to be filed with any county recorder in Utah any document that the person knows contains a material misstatement, misrepresentation, or omission; or

(4) receives any proceeds or any compensation in connection with a mortgage loan that the person knows resulted from a violation of this section.

CREDIT(S)

Laws 2008, c. 370, § 7, eff. May 5, 2008.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-1204

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 12. Utah Mortgage Fraud Act

§ 76-6-1204. Classification of offense

(1) Notwithstanding any other administrative, civil, or criminal penalties, a person who violates Section 76-6-1203 is guilty of a:

(a) class A misdemeanor when the value is or exceeds $500 but is less than $1,500;

(b) third degree felony when the value is or exceeds $1,500 but is less than $5,000;

(d) second degree felony when the object or purpose of the commission of an act of mortgage fraud is the obtaining of sensitive personal identifying information, regardless of the value.

(2) The determination of the degree of any offense under Subsection (1) is measured by the total value of all property, money, or things obtained or sought to be obtained by a violation of Section 76-6-1203, except as provided in Subsection (1)(d).

(3) Each residential or commercial property transaction offense under this part constitutes a separate violation.

CREDIT(S)

Laws 2008, c. 370, § 8, eff. May 5, 2008; Laws 2009, c. 211, § 1, eff. May 12, 2009; Laws 2010, c. 193, § 18, eff. Nov. 1, 2010.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-1301

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 13. Utah Automated Sales Suppression Device Act

§ 76-6-1301. Title

This part is known as the “Utah Automated Sales Suppression Device Act.”

CREDIT(S)

Laws 2012, c. 32, § 1, eff. July 1, 2012.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-1302

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 13. Utah Automated Sales Suppression Device Act

§ 76-6-1302. Definitions

As used in this part:

(1) “Automated sales suppression device” means:

(a) a software program that falsifies the electronic records of electronic cash registers or any other point-of-sale systems, including transaction data and transaction reports; or

(b) a general reference to a device that allows for, creates, or supports an automated sales suppression system or any kind of phantomware.

(2) “Electronic cash register” means any device, wherever located, that maintains a transaction register or supporting documents by means of an electronic device or computer system designed to record transaction data for the purpose of computing, compiling, or processing retail, wholesale, or any other sales transaction data.

(3) “Person” means an individual, business, or entity.

(4) “Phantomware” means a programming option that:

(a) is pre-installed, installed at a later time, or otherwise embedded in the operating system of an electronic cash register or hardwired into the electronic cash register; and

(b) can be used to create a virtual alternate register or to eliminate or manipulate transaction records that may or may not be preserved in digital formats in order to represent a manipulated record or records of transactions in the electronic cash register.

(5) “Transaction data” includes items purchased by a customer, the price for each item, a taxability determination for each item, a segregated tax amount for each of the taxed items, the amount of cash or credit tendered, the net amount returned to the customer in change or in a refund, the date and time of the purchase, the name, address, and identification number of the vendor, and the receipt or invoice number of the transaction.

(6) “Transaction report” means a report that includes the sales, taxes collected, media totals, and discount voids at an electronic cash register and that is generated at the end of a day or shift. The report is printed on cash register tape or is stored electronically.

CREDIT(S)

Laws 2012, c. 32, § 2, eff. July 1, 2012.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6-1303

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6. Offenses Against Property

Part 13. Utah Automated Sales Suppression Device Act

§ 76-6-1303. Possession, sale, or use of automated sales suppression device unlawful--Penalties

(1) It is a third degree felony to willfully or knowingly sell, purchase, install, transfer, use, or possess in this state any automated sales suppression device or phantomware with the intent to defraud, except that any second or subsequent violation of this Subsection (1) is a second degree felony.

(2) Notwithstanding Section 76-3-301, any person convicted of violating Subsection (1) may be fined not more than twice the amount of the applicable taxes that would otherwise be due, but for the use of the automated sales suppression device or phantomware.

(3) Any person convicted of a violation of Subsection (1):

(a) is liable for all applicable taxes, penalties under Section 59-1-401, and interest under Section 59-1-402 that would otherwise be due, but for the use of the automated sales suppression device or phantomware to evade the payment of taxes; and

(b) shall disgorge all profits associated with the sale or use of an automated sales suppression device or phantomware.

(4) An automated sales suppression device and any device containing an automated sales suppression device is contraband and subject to forfeiture under Title 24, Chapter 1, Utah Uniform Forfeiture Procedures Act.

CREDIT(S)

Laws 2012, c. 32, § 3, eff. July 1, 2012.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6a-1

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6A. Pyramid Scheme Act

§ 76-6a-1. Short title

This act [FN1] shall be known and may be cited as the “Pyramid Scheme Act.”

CREDIT(S)

Laws 1983, c. 89, § 1.

[FN1] Laws 1983, c. 89 enacted Chapter 6a of Title 73.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6a-2

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6A. Pyramid Scheme Act

§ 76-6a-2. Definitions

As used in this chapter:

(1)(a) “Compensation” means money, money bonuses, overrides, prizes, or other real or personal property, tangible or intangible.

(b) “Compensation” does not include payment based on the sale of goods or services to anyone purchasing the goods or services for actual personal use or consumption.

(2) “Consideration” does not include payment for sales demonstration equipment and materials furnished at cost for use in making sales and not for resale, or time or effort spent in selling or recruiting activities.

(3) “Person” includes a business trust, estate, trust, joint venture, or any other legal or commercial entity.

(4) “Pyramid scheme” means any sales device or plan under which a person gives consideration to another person in exchange for compensation or the right to receive compensation which is derived primarily from the introduction of other persons into the sales device or plan rather than from the sale of goods, services, or other property.

CREDIT(S)

Laws 1983, c. 89, § 1; Laws 2006, c. 247, § 1, eff. May 1, 2006.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6a-3

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6A. Pyramid Scheme Act

§ 76-6a-3. Schemes prohibited--Violation as deceptive consumer sales practice--Prosecution of civil violations

(1) A person may not participate in, organize, establish, promote, or administer any pyramid scheme.

(2) A criminal conviction under this chapter is prima facie evidence of a violation of Section 13-11-4, the Utah Consumer Sales Practices Act.

(3) Any violation of this chapter constitutes a violation of Section 13-11-4, the Utah Consumer Sales Practices Act.

(4) All civil violations of this chapter shall be investigated and prosecuted as prescribed by the Utah Consumer Sales Practices Act.

CREDIT(S)

Laws 1983, c. 89, § 1; Laws 2006, c. 247, § 2, eff. May 1, 2006.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6a-4

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6A. Pyramid Scheme Act

§ 76-6a-4. Operation as felony--Participation as misdemeanor--Investigation--Prosecution

(1) Any person who knowingly organizes, establishes, promotes, or administers a pyramid scheme is guilty of a third degree felony.

(2) Any person who participates in a pyramid scheme only by receiving compensation for the introduction of other persons into the pyramid scheme rather than from the sale of goods, services, or other property is guilty of a class B misdemeanor.

(3) The appropriate county attorney or district attorney has primary responsibility for investigating and prosecuting criminal violations of this chapter.

CREDIT(S)

Laws 1983, c. 89, § 1; Laws 1993, c. 38, § 79; Laws 2006, c. 247, § 3, eff. May 1, 2006.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6a-5

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6A. Pyramid Scheme Act

§ 76-6a-5. Plan provisions not constituting defenses

It is not a defense to an action brought under this chapter if:

(1) The sales device or plan limits the number of persons who may be introduced into it;

(2) The sales device or plan includes additional conditions affecting eligibility for introduction into it or when compensation is received from it; or

(3) A person receives property or services in addition to the compensation or right to receive compensation in connection with a pyramid scheme.

CREDIT(S)

Laws 1983, c. 89, § 1.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-6a-6

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 6A. Pyramid Scheme Act

§ 76-6a-6. Rights of persons giving consideration in scheme

(1) Any person giving consideration in connection with a pyramid scheme may, notwithstanding any agreement to the contrary, declare his giving of consideration and the related sale or contract for sale void, and may bring a court action to recover the consideration. In the action, the court shall, in addition to any judgment awarded to the plaintiff, require the defendant to pay to the plaintiff interest as provided in Section 15-1-4, reasonable attorneys' fees, and the costs of the action reduced by any compensation paid by the defendant to the plaintiff in connection with the pyramid scheme.

(2) The rights, remedies, and penalties provided in this chapter are independent of and supplemental to each other and to any other right, remedy or penalty available in law or equity. Nothing contained in this chapter shall be construed to diminish or abrogate any other right, remedy or penalty.

CREDIT(S)

Laws 1983, c. 89, § 1.

Current through 2012 Fourth Special Session.

U.C.A. 1953 T. 76, Ch. 7, Refs & Annos

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-7-101

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 1. Marital Violations

§ 76-7-101. Bigamy--Defense

(1) A person is guilty of bigamy when, knowing he has a husband or wife or knowing the other person has a husband or wife, the person purports to marry another person or cohabits with another person.

(2) Bigamy is a felony of the third degree.

(3) It shall be a defense to bigamy that the accused reasonably believed he and the other person were legally eligible to remarry.

CREDIT(S)

Laws 1973, c. 196, § 76-7-101; Laws 1997, c. 296, § 16, eff. May 5, 1997.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-7-101.5

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 1. Marital Violations

§ 76-7-101.5. Child bigamy--Penalty

(1) An actor 18 years of age or older is guilty of child bigamy when, knowing he or she has a wife or husband, or knowing that a person under 18 years of age has a wife or husband, the actor carries out the following with the person who is under 18 years of age:

(a) purports to marry the person who is under 18 years of age; or

(b) cohabits with the person who is under 18 years of age.

(2) A violation of Subsection (1) is a second degree felony.

CREDIT(S)

Laws 2003, c. 6, § 1, eff. May 5, 2003.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-7-102

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 1. Marital Violations

§ 76-7-102. Incest--Definitions--Penalty

(1) As used in this section:

(a) “Provider” means a person who provides or makes available his seminal fluid or her human egg.

(b) “Related person” means a person related to the provider or actor as an ancestor, descendant, brother, sister, uncle, aunt, nephew, niece, or first cousin, and includes:

(i) blood relationships of the whole or half blood without regard to legitimacy;

(ii) the relationship of parent and child by adoption; and

(iii) the relationship of stepparent and stepchild while the marriage creating the relationship of a stepparent and stepchild exists.

(2)(a) An actor is guilty of incest when, under circumstances not amounting to rape, rape of a child, or aggravated sexual assault, the actor knowingly and intentionally:

(i) engages in conduct under Subsection (2)(b)(i), (ii), (iii), or (iv); or

(ii) provides a human egg or seminal fluid under Subsection (2)(b)(v).

(b) Conduct referred to under Subsection (2)(a) is:

(i) sexual intercourse between the actor and a person the actor knows has kinship to the actor as a related person;

(ii) the insertion or placement of the provider's seminal fluid into the vagina, cervix, or uterus of a related person by means other than sexual intercourse;

(iii) providing or making available his seminal fluid for the purpose of insertion or placement of the fluid into the vagina, cervix, or uterus of a related person by means other than sexual intercourse;

(iv) a woman 18 years of age or older who:

(A) knowingly allows the insertion of the seminal fluid of a provider into her vagina, cervix, or uterus by means other than sexual intercourse; and

(B) knows that the seminal fluid is that of a person with whom she has kinship as a related person; or

(v) providing the actor's sperm or human egg that is used to conduct in vitro fertilization, or any other means of fertilization, with the human egg or sperm of a person who is a related person.

(c) This Subsection (2) does not prohibit providing a fertilized human egg if the provider of the fertilizing sperm is not a related person regarding the person providing the egg.

(3) Incest is a third degree felony.

(4) A provider under this section is not a donor under Section 78B-15-702.

CREDIT(S)

Laws 1973, c. 196, § 76-7-102; Laws 1983, c. 88, § 31; Laws 2009, c. 84, § 2, eff. March 20, 2009.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-7-103

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 1. Marital Violations

§ 76-7-103. Adultery

(1) A married person commits adultery when he voluntarily has sexual intercourse with a person other than his spouse.

(2) Adultery is a class B misdemeanor.

CREDIT(S)

Laws 1973, c. 196, § 76-7-103; Laws 1991, c. 241, § 95.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-7-104

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 1. Marital Violations

§ 76-7-104. Fornication

(1) Any unmarried person who shall voluntarily engage in sexual intercourse with another is guilty of fornication.

(2) Fornication is a class B misdemeanor.

CREDIT(S)

Laws 1973, c. 196, § 76-7-104.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-7-201

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 2. Nonsupport and Sale of Children

§ 76-7-201. Criminal nonsupport

(1) A person commits criminal nonsupport if, having a spouse, a child, or children under the age of 18 years, he knowingly fails to provide for the support of the spouse, child, or children when any one of them:

(a) is in needy circumstances; or

(b) would be in needy circumstances but for support received from a source other than the defendant or paid on the defendant's behalf.

(2) Except as provided in Subsection (3), criminal nonsupport is a class A misdemeanor.

(3) Criminal nonsupport is a felony of the third degree if the actor:

(a) has been convicted one or more times of nonsupport, whether in this state, any other state, or any court of the United States;

(b) committed the offense while residing outside of Utah; or

(c) commits the crime of nonsupport in each of 18 individual months within any 24-month period, or the total arrearage is in excess of $10,000.

(4) For purposes of this section “child” includes a child born out of wedlock whose paternity has been admitted by the actor or has been established in a civil suit.

(5)(a) In a prosecution for criminal nonsupport under this section, it is an affirmative defense that the accused is unable to provide support. Voluntary unemployment or underemployment by the defendant does not give rise to that defense.

(b) Not less than 20 days before trial the defendant shall file and serve on the prosecuting attorney a notice, in writing, of his intention to claim the affirmative defense of inability to provide support. The notice shall specifically identify the factual basis for the defense and the names and addresses of the witnesses who the defendant proposes to examine in order to establish the defense.

(c) Not more than 10 days after receipt of the notice described in Subsection (5)(b), or at such other time as the court may direct, the prosecuting attorney shall file and serve the defendant with a notice containing the names and addresses of the witnesses who the state proposes to examine in order to contradict or rebut the defendant's claim.

(d) Failure to comply with the requirements of Subsection (5)(b) or (5)(c) entitles the opposing party to a continuance to allow for preparation. If the court finds that a party's failure to comply is the result of bad faith, it may impose appropriate sanctions.

CREDIT(S)

Laws 1973, c. 196, § 76-7-201; Laws 1974, c. 32, § 21; Laws 1995, c. 289, § 1, eff. May 1, 1995; Laws 1999, c. 89, § 1, eff. May 3, 1999.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-7-202

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 2. Nonsupport and Sale of Children

§ 76-7-202. Orders for support in criminal nonsupport proceedings

(1) In any proceeding under Section 76-7-201, the court may, instead of imposing the punishments otherwise prescribed, issue an order directing the defendant to periodically pay a sum to the Office of Recovery Services, or otherwise as the court may direct, to be used for the support of the dependents who are the subject of the proceeding under Section 76-7-201.

(2) The order to periodically pay a sum for the support of the dependents:

(a) may be issued with the consent of the defendant prior to trial, or after conviction, having regard to the circumstances, financial ability, and earning capacity of the defendant;

(b) shall be subject to change from time to time as circumstances may require;

(c) may not require payments for a period exceeding the term of probation provided for the offense with which the defendant is charged, or of which he is found guilty; and

(d) shall be conditioned upon the defendant either entering a recognizance in accordance with Subsection (3), or providing security in a sum as the court directs.

(3) The condition of recognizance shall require the defendant to:

(a) make personal appearance in court whenever ordered to do so within the period of probation; and

(b) comply with the terms of the order and any subsequent modifications of the order.

(4) If the court is satisfied by information and due proof under oath that at any time during the period of probation the defendant has violated the terms of the order, it may proceed with the trial of defendant under the original charge or sentence him under the original conviction or enforce the original sentence as the case may be. In the case of forfeiture of bail or bond in any proceeding under Section 76-7-201, the sum recovered may, in the discretion of the court, be paid in whole or in part to the Office of Recovery Services, or otherwise as the court may direct, to be used for the support of the dependents involved.

CREDIT(S)

Laws 1973, c. 196, § 76-7-202; Laws 1988, c. 169, § 65; Laws 1995, c. 289, § 2, eff. May 1, 1995.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-7-203

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 2. Nonsupport and Sale of Children

§ 76-7-203. Sale of child--Felony--Payment of adoption related expenses

(1) For purposes of this section:

(a) “Adoption related expenses” means expenses that:

(i) are reasonably related to the adoption of a child;

(ii) are incurred for a reasonable amount; and

(iii) may include expenses:

(A) of the mother or father of the child being adopted, including:

(I) legal expenses;

(II) maternity expenses;

(III) medical expenses;

(IV) hospital expenses;

(V) counseling expenses;

(VI) temporary living expenses during the pregnancy or confinement of the mother; or

(VII) expenses for travel between the mother's or father's home and the location where the child will be born or placed for adoption;

(B) of a directly affected person for:

(I) travel between the directly affected person's home and the location where the child will be born or placed for adoption; or

(II) temporary living expenses during the pregnancy or confinement of the mother; or

(C) other than those included in Subsection (1)(a)(iii)(A) or (B), that are not made for the purpose of inducing the mother, parent, or legal guardian of a child to:

(I) place the child for adoption;

(II) consent to an adoption; or

(III) cooperate in the completion of an adoption.

(b) “Directly affected person” means a person who is:

(i) a parent or guardian of a minor when the minor is the mother or father of the child being adopted;

(ii) a dependant of:

(A) the mother or father of the child being adopted; or

(B) the parent or guardian described in Subsection (1)(b)(i); or

(iii) the spouse of the mother or father of the child being adopted.

(2) Except as provided in Subsection (3), a person is guilty of a third degree felony if the person:

(a) while having custody, care, control, or possession of a child, sells, or disposes of the child, or attempts or offers to sell or dispose of the child, for and in consideration of the payment of money or another thing of value; or

(b) offers, gives, or attempts to give money or another thing of value to a person, with the intent to induce or encourage a person to violate Subsection (2)(a).

(3) A person does not violate this section by paying or receiving payment for adoption related expenses, if:

(a) the expenses are paid as an act of charity; and

(b) the payment is not made for the purpose of inducing the mother, parent, or legal guardian of a child to:

(i) place the child for adoption;

(ii) consent to an adoption; or

(iii) cooperate in the completion of an adoption.

CREDIT(S)

Laws 1973, c. 196, § 76-7-203; Laws 1990, c. 245, § 2; Laws 2005, c. 137, § 2, eff. May 2, 2005; Laws 2008, c. 137, § 2, eff. May 5, 2008.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-7-204

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 2. Nonsupport and Sale of Children

§ 76-7-204. Repealed by Laws 2005, c. 150, § 100, eff. May 2, 2005

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-7-301

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-301. Definitions

As used in this part:

(1)(a) “Abortion” means:

(i) the intentional termination or attempted termination of human pregnancy after implantation of a fertilized ovum through a medical procedure carried out by a physician or through a substance used under the direction of a physician;

(ii) the intentional killing or attempted killing of a live unborn child through a medical procedure carried out by a physician or through a substance used under the direction of a physician; or

(iii) the intentional causing or attempted causing of a miscarriage through a medical procedure carried out by a physician or through a substance used under the direction of a physician.

(b) “Abortion” does not include:

(i) removal of a dead unborn child;

(ii) removal of an ectopic pregnancy; or

(iii) the killing or attempted killing of an unborn child without the consent of the pregnant woman, unless:

(A) the killing or attempted killing is done through a medical procedure carried out by a physician or through a substance used under the direction of a physician; and

(B) the physician is unable to obtain the consent due to a medical emergency.

(2) “Medical emergency” means that condition which, on the basis of the physician's good faith clinical judgment, so threatens the life of a pregnant woman as to necessitate the immediate abortion of her pregnancy to avert her death, or for which a delay will create serious risk of substantial and irreversible impairment of major bodily function.

(3)(a) “Partial birth abortion” means an abortion in which the person performing the abortion:

(i) deliberately and intentionally vaginally delivers a living fetus until, in the case of a head first presentation, the entire fetal head is outside the body of the mother, or, in the case of breech presentation, any part of the fetal trunk past the navel is outside the body of the mother, for the purpose of performing an overt act that the person knows will kill the partially delivered living fetus; and

(ii) performs the overt act, other than completion of delivery, that kills the partially living fetus.

(b) “Partial birth abortion” does not include the dilation and evacuation procedure involving dismemberment prior to removal, the suction curettage procedure, or the suction aspiration procedure for abortion.

(4) “Physician” means:

(a) a medical doctor licensed to practice medicine and surgery under Title 58, Chapter 67, Utah Medical Practice Act; [FN1]

(b) an osteopathic physician licensed to practice osteopathic medicine under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; [FN2] or

(c) a physician employed by the federal government who has qualifications similar to a person described in Subsection (4)(a) or (b).

(5) “Hospital” means:

(a) a general hospital licensed by the Department of Health according to Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act; and

(b) a clinic or other medical facility to the extent that such clinic or other medical facility is certified by the Department of Health as providing equipment and personnel sufficient in quantity and quality to provide the same degree of safety to the pregnant woman and the unborn child as would be provided for the particular medical procedures undertaken by a general hospital licensed by the Department of Health.

CREDIT(S)

Laws 1981, c. 126, § 56; Laws 1991, c. 1, § 1; Laws 1991, 1st Sp.Sess., c. 2, § 2; Laws 1993, c. 70, § 1; Laws 2004, c. 90, § 89, eff. May 3, 2004; Laws 2004, c. 272, § 1, eff. May 3, 2004; Laws 2010, c. 13, § 3, eff. March 8, 2010.

[FN1] See § 58-67-101 et seq.

[FN2] See. § 58-68-101 et seq.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-7-301.1

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-301.1. Preamble--Findings and policies of Legislature

(1) It is the finding and policy of the Legislature, reflecting and reasserting the provisions of Article I, Sections 1 and 7, Utah Constitution, which recognize that life founded on inherent and inalienable rights is entitled to protection of law and due process; and that unborn children have inherent and inalienable rights that are entitled to protection by the state of Utah pursuant to the provisions of the Utah Constitution.

(2) The state of Utah has a compelling interest in the protection of the lives of unborn children.

(3) It is the intent of the Legislature to protect and guarantee to unborn children their inherent and inalienable right to life as required by Article I, Sections 1 and 7, Utah Constitution.

(4) It is also the policy of the Legislature and of the state that, in connection with abortion, a woman's liberty interest, in limited circumstances, may outweigh the unborn child's right to protection. These limited circumstances arise when the abortion is necessary to save the pregnant woman's life or prevent grave damage to her medical health, and when pregnancy occurs as a result of rape or incest. It is further the finding and policy of the Legislature and of the state that a woman may terminate the pregnancy if the unborn child would be born with grave defects.

CREDIT(S)

Laws 1991, c. 1, § 2; Laws 1991, c. 288, § 1; Laws 1991, 1st Sp.Sess., c. 2, § 3.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-7-301.5

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-301.5. Relationship to criminal homicide

(1) This part does not apply to the killing or attempted killing of a live unborn child in any manner that is not an abortion.

(2) The killing or attempted killing of a live unborn child in a manner that is not an abortion shall be punished as provided in Title 76, Chapter 5, Part 2, Criminal Homicide.

CREDIT(S)

Laws 2010, c. 13, § 4, eff. March 8, 2010.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-7-302

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-302. Circumstances under which abortion authorized

(1) As used in this section, “viable” means that the unborn child has reached a stage of fetal development when the unborn child is potentially able to live outside the womb, as determined by the attending physician to a reasonable degree of medical certainty.

(2) An abortion may be performed in this state only by a physician.

(3) An abortion may be performed in this state only under the following circumstances:

(a) the unborn child is not viable; or

(b) the unborn child is viable, if:

(i) the abortion is necessary to avert:

(A) the death of the woman on whom the abortion is performed; or

(B) a serious risk of substantial and irreversible impairment of a major bodily function of the woman on whom the abortion is performed;

(ii) two physicians who practice maternal fetal medicine concur, in writing, in the patient's medical record that the fetus has a defect that is uniformly diagnosable and uniformly lethal; or

(iii)(A) the woman is pregnant as a result of:

(I) rape, as described in Section 76-5-402;

(II) rape of a child, as described in Section 76-5-402.1; or

(III) incest, as described in Subsection 76-5-406(10) or Section 76-7-102; and

(B) before the abortion is performed, the physician who performs the abortion:

(I) verifies that the incident described in Subsection (3)(b)(iii)(A) has been reported to law enforcement; and

(II) complies with the requirements of Section 62A-4a-403.

CREDIT(S)

Laws 1974, c. 33, § 2; Laws 1991, c. 1, § 3; Laws 1991, 1st Sp.Sess., c. 2, § 4; Laws 2004, c. 90, § 90, eff. May 3, 2004; Laws 2009, c. 38, § 1, eff. May 12, 2009; Laws 2010, c. 13, § 5, eff. March 8, 2010.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-7-303

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-303. Concurrence of attending physician based on medical judgment

No abortion may be performed in this state without the concurrence of the attending physician, based on his best medical judgment.

CREDIT(S)

Laws 1974, c. 33, § 3.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-7-304

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-304. Considerations by physician--Notice to a parent or guardian--Exceptions

(1) As used in this section:

(a) “abuse” is as defined in Section 78A-6-105; and

(b) “minor” means a person who is:

(i) under 18 years of age;

(ii) unmarried; and

(iii) not emancipated.

(2) To enable the physician to exercise the physician's best medical judgment, the physician shall consider all factors relevant to the well-being of the woman upon whom the abortion is to be performed including:

(a) her physical, emotional and psychological health and safety;

(b) her age; and

(3) Subject to Subsection (4), at least 24 hours before a physician performs an abortion on a minor, the physician shall notify a parent or guardian of the minor that the minor intends to have an abortion.

(4) A physician is not required to comply with Subsection (3) if:

(a) subject to Subsection (5)(a):

(i) a medical condition exists that, on the basis of the physician's good faith clinical judgment, so complicates the medical condition of a pregnant minor as to necessitate the abortion of her pregnancy to avert:

(A) the minor's death; or

(B) a serious risk of substantial and irreversible impairment of a major bodily function of the minor; and

(ii) there is not sufficient time to give the notice required under Subsection (3) before it is necessary to terminate the minor's pregnancy in order to avert the minor's death or impairment described in Subsection (4)(a)(i);

(b) subject to Subsection (5)(b):

(i) the physician complies with Subsection (6); and

(ii)(A) the minor is pregnant as a result of incest to which the parent or guardian was a party; or

(B) the parent or guardian has abused the minor; or

(c) subject to Subsection (5)(b), the parent or guardian has not assumed responsibility for the minor's care and upbringing.

(5)(a) If, for the reason described in Subsection (4)(a), a physician does not give the 24-hour notice described in Subsection (3), the physician shall give the required notice as early as possible before the abortion, unless it is necessary to perform the abortion immediately in order to avert the minor's death or impairment described in Subsection (4)(a)(i).

(b) If, for a reason described in Subsection (4)(b) or (c), a parent or guardian of a minor is not notified that the minor intends to have an abortion, the physician shall notify another parent or guardian of the minor, if the minor has another parent or guardian that is not exempt from notification under Subsection (4)(b) or (c).

(6) If, for a reason described in Subsection (4)(b)(ii)(A) or (B), a physician does not notify a parent or guardian of a minor that the minor intends to have an abortion, the physician shall report the incest or abuse to the Division of Child and Family Services within the Department of Human Services.

CREDIT(S)

Laws 1974, c. 33, § 4; Laws 2006, c. 207, § 2, eff. May 1, 2006; Laws 2008, c. 299, § 33, eff. May 5, 2008.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-7-304.5

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-304.5. Consent required for abortions performed on minors--Hearing to allow a minor to self-consent--Appeals

(1) As used in this section, “minor” is as defined in Subsection 76-7-304(1).

(2) In addition to the other requirements of this part, a physician may not perform an abortion on a minor unless:

(a) the physician obtains the informed written consent of a parent or guardian of the minor, consistent with Sections 76-7-305, 76-7-305.5, and 76-7-305.6;

(b) the minor is granted the right, by court order under Subsection (5)(b), to consent to the abortion without obtaining consent from a parent or guardian; or

(c)(i) a medical condition exists that, on the basis of the physician's good faith clinical judgment, so complicates the medical condition of a pregnant minor as to necessitate the abortion of her pregnancy to avert:

(A) the minor's death; or

(B) a serious risk of substantial and irreversible impairment of a major bodily function of the minor; and

(ii) there is not sufficient time to obtain the consent in the manner chosen by the minor under Subsection (3) before it is necessary to terminate the minor's pregnancy in order to avert the minor's death or impairment described in Subsection (2)(c)(i).

(3) A pregnant minor who wants to have an abortion may choose:

(a) to seek consent from a parent or guardian under Subsection (2)(a); or

(b) to seek a court order under Subsection (2)(b).

(4) If a pregnant minor fails to obtain the consent of a parent or guardian of the minor to the performance of an abortion, or if the minor chooses not to seek the consent of a parent or guardian, the minor may file a petition with the juvenile court to obtain a court order under Subsection (2)(b).

(5)(a) A hearing on a petition described in Subsection (4) shall be closed to the public.

(b) After considering the evidence presented at the hearing, the court shall order that the minor may obtain an abortion without the consent of a parent or guardian of the minor if the court finds by a preponderance of the evidence that:

(i) the minor:

(A) has given her informed consent to the abortion; and

(B) is mature and capable of giving informed consent to the abortion; or

(ii) an abortion would be in the minor's best interest.

(6) The Judicial Council shall make rules that:

(a) provide for the administration of the proceedings described in this section;

(b) provide for the appeal of a court's decision under this section;

(c) ensure the confidentiality of the proceedings described in this section and the records related to the proceedings; and

(d) establish procedures to expedite the hearing and appeal proceedings described in this section.

CREDIT(S)

Laws 2006, c. 207, § 3, eff. May 1, 2006; Laws 2010, c. 314, § 1, eff. May 11, 2010.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-7-305

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-305. Informed consent requirements for abortion--72-hour wait mandatory--Exceptions

(1) A person may not perform an abortion, unless, before performing the abortion, the physician who will perform the abortion obtains a voluntary and informed written consent from the woman on whom the abortion is performed, that is consistent with:

(a) Section 8.08 of the American Medical Association's Code of Medical Ethics, Current Opinions; and

(b) the provisions of this section.

(2) Except as provided in Subsection (8), consent to an abortion is voluntary and informed only if:

(a) at least 72 hours before the abortion, the physician who is to perform the abortion, the referring physician, a physician, a registered nurse, nurse practitioner, advanced practice registered nurse, certified nurse midwife, genetic counselor, or physician's assistant, in a face-to-face consultation in any location in the state, orally informs the woman:

(i) consistent with Subsection (3)(a), of:

(A) the nature of the proposed abortion procedure;

(B) specifically how the procedure described in Subsection (2)(a)(i)(A) will affect the fetus; and

(ii) of the probable gestational age and a description of the development of the unborn child at the time the abortion would be performed;

(iii) of the medical risks associated with carrying her child to term; and

(iv) except as provided in Subsection (3)(b), if the abortion is to be performed on an unborn child who is at least 20 weeks gestational age:

(A) that, upon the woman's request, an anesthetic or analgesic will be administered to the unborn child, through the woman, to eliminate or alleviate organic pain to the unborn child that may be caused by the particular method of abortion to be employed; and

(B) of any medical risks to the woman that are associated with administering the anesthetic or analgesic described in Subsection (2)(a)(iv)(A);

(b) at least 72 hours prior to the abortion the physician who is to perform the abortion, the referring physician, or, as specifically delegated by either of those physicians, a physician, a registered nurse, licensed practical nurse, certified nurse-midwife, advanced practice registered nurse, clinical laboratory technologist, psychologist, marriage and family therapist, clinical social worker, genetic counselor, or certified social worker orally, in a face-to-face consultation in any location in the state, informs the pregnant woman that:

(i) the Department of Health, in accordance with Section 76-7-305.5, publishes printed material and an informational video that:

(A) provides medically accurate information regarding all abortion procedures that may be used;

(B) describes the gestational stages of an unborn child; and

(C) includes information regarding public and private services and agencies available to assist her through pregnancy, at childbirth, and while the child is dependent, including private and agency adoption alternatives;

(ii) the printed material and a viewing of or a copy of the informational video shall be made available to her, free of charge, on the Department of Health's website;

(iii) medical assistance benefits may be available for prenatal care, childbirth, and neonatal care, and that more detailed information on the availability of that assistance is contained in the printed materials and the informational video published by the Department of Health;

(iv) except as provided in Subsection (3)(c):

(A) the father of the unborn child is legally required to assist in the support of her child, even if he has offered to pay for the abortion; and

(B) the Office of Recovery Services within the Department of Human Services will assist her in collecting child support; and

(v) she has the right to view an ultrasound of the unborn child, at no expense to her, upon her request;

(c) the information required to be provided to the pregnant woman under Subsection (2)(a) is also provided by the physician who is to perform the abortion, in a face-to-face consultation, prior to performance of the abortion, unless the attending or referring physician is the individual who provides the information required under Subsection (2)(a);

(d) a copy of the printed materials published by the Department of Health has been provided to the pregnant woman;

(e) the informational video, published by the Department of Health, has been provided to the pregnant woman in accordance with Subsection (4); and

(f) the pregnant woman has certified in writing, prior to the abortion, that the information required to be provided under Subsections (2)(a) through (e) was provided, in accordance with the requirements of those subsections.

(3)(a) The alternatives required to be provided under Subsection (2)(a)(i) include:

(i) a description of adoption services, including private and agency adoption methods; and

(ii) a statement that it is legal for adoptive parents to financially assist in pregnancy and birth expenses.

(b) The information described in Subsection (2)(a)(iv) may be omitted from the information required to be provided to a pregnant woman under this section if the abortion is performed for a reason described in Subsection 76-7-302(3)(b)(i).

(c) The information described in Subsection (2)(b)(iv) may be omitted from the information required to be provided to a pregnant woman under this section if the woman is pregnant as the result of rape.

(d) Nothing in this section shall be construed to prohibit a person described in Subsection (2)(a) from, when providing the information described in Subsection (2)(a)(iv), informing a woman of the person's own opinion regarding:

(i) the capacity of an unborn child to experience pain;

(ii) the advisability of administering an anesthetic or analgesic to an unborn child; or

(iii) any other matter related to fetal pain.

(4) When the informational video described in Section 76-7-305.5 is provided to a pregnant woman, the person providing the information shall:

(a) request that the woman view the video at that time or at another specifically designated time and location; or

(b) if the woman chooses not to view the video at a time described in Subsection (4)(a), inform the woman that she can access the video on the Department of Health's website.

(5) When a serious medical emergency compels the performance of an abortion, the physician shall inform the woman prior to the abortion, if possible, of the medical indications supporting the physician's judgment that an abortion is necessary.

(6) If an ultrasound is performed on a woman before an abortion is performed, the person who performs the ultrasound, or another qualified person, shall:

(a) inform the woman that the ultrasound images will be simultaneously displayed in a manner to permit her to:

(i) view the images, if she chooses to view the images; or

(ii) not view the images, if she chooses not to view the images;

(b) simultaneously display the ultrasound images in order to permit the woman to:

(i) view the images, if she chooses to view the images; or

(ii) not view the images, if she chooses not to view the images;

(c) inform the woman that, if she desires, the person performing the ultrasound, or another qualified person shall provide a detailed description of the ultrasound images, including:

(i) the dimensions of the unborn child;

(ii) the presence of cardiac activity in the unborn child, if present and viewable; and

(iii) the presence of external body parts or internal organs, if present and viewable; and

(d) provide the detailed description described in Subsection (6)(c), if the woman requests it.

(7) In addition to the criminal penalties described in this part, a physician who violates the provisions of this section:

(a) is guilty of unprofessional conduct as defined in Section 58-67-102 or 58-68-102; and

(b) shall be subject to:

(i) suspension or revocation of the physician's license for the practice of medicine and surgery in accordance with Section 58-67-401 or 58-68-401; and

(ii) administrative penalties in accordance with Section 58-67-402 or 58-68-402.

(8) A physician is not guilty of violating this section for failure to furnish any of the information described in Subsection (2), or for failing to comply with Subsection (6), if:

(a) the physician can demonstrate by a preponderance of the evidence that the physician reasonably believed that furnishing the information would have resulted in a severely adverse effect on the physical or mental health of the pregnant woman;

(b) in the physician's professional judgment, the abortion was necessary to avert:

(i) the death of the woman on whom the abortion is performed; or

(ii) a serious risk of substantial and irreversible impairment of a major bodily function of the woman on whom the abortion is performed;

(d) the pregnancy was the result of incest, as defined in Subsection 76-5-406(10) and Section 76-7-102; or

(e) at the time of the abortion, the pregnant woman was 14 years of age or younger.

(9) A physician who complies with the provisions of this section and Section 76-7-304.5 may not be held civilly liable to the physician's patient for failure to obtain informed consent under Section 78B-3-406.

(10)(a) The Department of Health shall provide an ultrasound, in accordance with the provisions of Subsection (2)(b), at no expense to the pregnant woman.

(b) A local health department shall refer a person who requests an ultrasound described in Subsection (10)(a) to the Department of Health.

(11) A physician is not guilty of violating this section if:

(a) the physician provides the information described in Subsection (2) less than 72 hours before performing the abortion; and

(b) in the physician's professional judgment, the abortion was necessary in a case where:

(i) a ruptured membrane, documented by the attending or referring physician, will cause a serious infection; or

(ii) a serious infection, documented by the attending or referring physician, will cause a ruptured membrane.

CREDIT(S)

Laws 1974, c. 33, § 5; Laws 1993, c. 70, § 2; Laws 1996, c. 79, § 100, eff. April 29, 1996; Laws 1996, c. 248, § 54, eff. July 1, 1996; Laws 1996, c. 311, § 1, eff. Sept. 1, 1996; Laws 1997, c. 221, § 1, eff. Sept. 1, 1997; Laws 2006, c. 207, § 4, eff. May 1, 2006; Laws 2008, c. 3, § 238, eff. Feb. 7, 2008; Laws 2009, c. 57, § 1, eff. May 12, 2009; Laws 2010, c. 314, § 2, eff. May 11, 2010; Laws 2012, c. 228, § 1, eff. May 8, 2012.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-7-305.5

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-305.5. Requirements for printed materials and informational video

(1) In order to ensure that a woman's consent to an abortion is truly an informed consent, the Department of Health shall, in accordance with the requirements of this section:

(a) publish printed materials; and

(b) produce an informational video.

(2) The printed materials and the informational video described in Subsection (1) shall:

(a) be scientifically accurate, comprehensible, and presented in a truthful, nonmisleading manner;

(b) present adoption as a preferred and positive choice and alternative to abortion;

(d) state that the state prefers childbirth over abortion;

(e) state that it is unlawful for any person to coerce a woman to undergo an abortion;

(f) state that any physician who performs an abortion without obtaining the woman's informed consent or without providing her a private medical consultation in accordance with the requirements of this section, may be liable to her for damages in a civil action at law;

(g) provide information on resources and public and private services available to assist a pregnant woman, financially or otherwise, during pregnancy, at childbirth, and while the child is dependent, including:

(i) medical assistance benefits for prenatal care, childbirth, and neonatal care;

(ii) services and supports available under Section 35A-3-308;

(iii) other financial aid that may be available during an adoption; and

(iv) services available from public adoption agencies, private adoption agencies, and private attorneys whose practice includes adoption;

(h) describe the adoption-related expenses that may be paid under Section 76-7-203;

(i) describe the persons who may pay the adoption related expenses described in Subsection (2)(h);

(j) describe the legal responsibility of the father of a child to assist in child support, even if the father has agreed to pay for an abortion;

(k) describe the services available through the Office of Recovery Services, within the Department of Human Services, to establish and collect the support described in Subsection (2)(j);

(l) state that private adoption is legal;

(m) in accordance with Subsection (3), describe the probable anatomical and physiological characteristics of an unborn child at two-week gestational increments from fertilization to full term, including:

(i) brain and heart function; and

(ii) the presence and development of external members and internal organs;

(n) describe abortion procedures used in current medical practice at the various stages of growth of the unborn child, including:

(i) the medical risks associated with each procedure;

(ii) the risk related to subsequent childbearing that are associated with each procedure; and

(iii) the consequences of each procedure to the unborn child at various stages of fetal development;

(o) describe the possible detrimental psychological effects of abortion;

(p) describe the medical risks associated with carrying a child to term; and

(q) include relevant information on the possibility of an unborn child's survival at the two-week gestational increments described in Subsection (2)(m).

(3) The information described in Subsection (2)(m) shall be accompanied by the following for each gestational increment described in Subsection (2)(m):

(a) pictures or video segments that accurately represent the normal development of an unborn child at that stage of development; and

(b) the dimensions of the fetus at that stage of development.

(4) The printed material and video described in Subsection (1) may include a toll-free 24-hour telephone number that may be called in order to obtain, orally, a list and description of services, agencies, and adoption attorneys in the locality of the caller.

(5) In addition to the requirements described in Subsection (2), the printed material described in Subsection (1)(a) shall:

(a) be printed in a typeface large enough to be clearly legible;

(b) in accordance with Subsection (6), include a geographically indexed list of public and private services and agencies available to assist a woman, financially or otherwise, through pregnancy, at childbirth, and while the child is dependent;

(c) except as provided in Subsection (7), include a separate brochure that contains truthful, nonmisleading information regarding:

(i) the ability of an unborn child to experience pain during an abortion procedure;

(ii) the measures that may be taken, including the administration of an anesthetic or analgesic to an unborn child, to alleviate or eliminate pain to an unborn child during an abortion procedure;

(iii) the effectiveness and advisability of taking the measures described in Subsection (5)(c)(ii); and

(iv) potential medical risks to a pregnant woman that are associated with the administration of an anesthetic or analgesic to an unborn child during an abortion procedure.

(6) The list described in Subsection (5)(b) shall include:

(a) private attorneys whose practice includes adoption; and

(b) the names, addresses, and telephone numbers of each person listed under Subsection (5)(b) or (6)(a).

(7) A person or facility is not required to provide the information described in Subsection (5)(c) to a patient or potential patient, if the abortion is to be performed:

(a) on an unborn child who is less than 20 weeks gestational age at the time of the abortion; or

(b) on an unborn child who is at least 20 weeks gestational age at the time of the abortion, if:

(i) the abortion is being performed for a reason described in Subsection 76-7-302(3)(b)(i); and

(ii) due to a serious medical emergency, time does not permit compliance with the requirement to provide the information described in Subsection (5)(c).

(8) In addition to the requirements described in Subsection (2), the video described in Subsection (1)(b) shall:

(a) make reference to the list described in Subsection (5)(b); and

(b) show an ultrasound of the heartbeat of an unborn child at:

(i) four weeks from conception;

(ii) six to eight weeks from conception; and

(iii) each month after ten weeks gestational age, up to 14 weeks gestational age.

CREDIT(S)

Laws 1981, c. 61, § 1; Laws 1982, c. 18, § 1; Laws 1985, c. 42, § 1; Laws 1993, c. 70, § 3; Laws 1996, c. 185, § 3, eff. July 1, 1996; Laws 1996, c. 311, § 2, eff. Sept. 1, 1996; Laws 1997, c. 174, § 60, eff. July 1, 1997; Laws 1997, c. 221, § 2, eff. Sept. 1, 1997; Laws 1998, c. 13, § 88, eff. May 4, 1998; Laws 2006, c. 116, § 7, eff. May 1, 2006; Laws 2006, c. 207, § 5, eff. May 1, 2006; Laws 2009, c. 57, § 2, eff. May 12, 2009; Laws 2010, c. 314, § 3, eff. May 11, 2010.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-7-305.6

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-305.6. Abortion facilities required to provide printed materials and informational video--Department of Health to make printed materials and informational video available

(1) Except as provided in Subsection 76-7-305.5(7), every facility in which abortions are performed shall provide the printed materials and a viewing or a copy of the video described in Section 76-7-305.5 to each patient or potential patient at least 24 hours before the abortion is performed, unless:

(b) in the physician's professional judgment, the abortion was necessary to avert:

(i) the death of the woman on whom the abortion is performed; or

(ii) a serious risk of substantial and irreversible impairment of a major bodily function of the woman on whom the abortion is performed;

(d) the pregnancy was the result of incest, as defined in Subsection 76-5-406(10) and Section 76-7-102; or

(e) at the time of the abortion, the pregnant woman was 14 years of age or younger.

(2) The Department of Health and each local health department shall make the printed materials and the video described in Section 76-7-305.5 available at no cost to any person.

(3) The Department of Health shall make the printed materials and the video described in Section 76-7-305.5 available for viewing on the Department of Health's website by clicking on a conspicuous link on the home page of the website.

(4) If the printed materials or a viewing of the video are not provided to a pregnant woman under Subsection (1), the physician who performs the abortion on the woman shall, within 10 days after the day on which the abortion is performed, provide to the Department of Health an affidavit that:

(a) specifies the information that was not provided to the woman; and

(b) states the reason that the information was not provided to the woman.

CREDIT(S)

Laws 2010, c. 314, § 4, eff. May 11, 2010.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-7-305.7

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-305.7. Statistical report by the Department of Health

(1) In accordance with Subsection (2), the Department of Health shall, on an annual basis, after July 1 of each year, compile and report the following information, relating to the preceding fiscal year, to the Health and Human Services Interim Committee:

(a) the total amount of informed consent material described in this section that was distributed or accessed;

(b) the number of women who obtained abortions in this state without receiving the informed consent materials described in this section;

(d) any other information pertaining to obtaining informed consent from a woman who seeks an abortion.

(2) The report described in Subsection (1) shall be prepared and presented in a manner that preserves physician and patient anonymity.

CREDIT(S)

Laws 2010, c. 314, § 5, eff. May 11, 2010.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-7-306

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-306. Refusal to participate, admit, or treat for abortion based on religious or moral grounds--Cause of action

(1) As used in this section:

(a) “Health care facility” is as defined in Section 26-21-2.

(b) “Health care provider” means an individual who is an employee of, has practice privileges at, or is otherwise associated with a health care facility.

(2) A health care provider may, on religious or moral grounds, refuse to perform or participate in any way, in:

(a) an abortion; or

(b) a procedure that is intended to, or likely to, result in the termination of a pregnancy.

(3) Except as otherwise required by law, a health care facility may refuse, on religious or moral grounds, to:

(a) admit a patient for an abortion procedure or another procedure that is intended to, or likely to, result in the termination of a pregnancy; or

(b) perform for a patient an abortion procedure or another procedure that is intended to, or likely to, result in the termination of a pregnancy.

(4) A health care provider's refusal under Subsection (2) and a health care facility's refusal under Subsection (3) may not be the basis for civil liability or other recriminatory action.

(5) A health care facility, employer, or other person may not take an adverse action against a health care provider for exercising the health care provider's right of refusal described in Subsection (2), or for bringing or threatening to bring an action described in Subsection (6), including:

(a) dismissal;

(b) demotion;

(d) discipline;

(e) discrimination;

(f) harassment;

(g) retaliation;

(h) adverse change in status;

(i) termination of, adverse alteration of, or refusal to renew an association or agreement; or

(j) refusal to provide a benefit, privilege, raise, promotion, tenure, or increased status that the health care provider would have otherwise received.

(6) A person who is adversely impacted by conduct prohibited in Subsection (5) may bring a civil action for equitable relief, including reinstatement, and for damages. A person who brings an action under this section must commence the action within three years after the day on which the cause of action arises.

CREDIT(S)

Laws 1974, c. 33, § 6; Laws 1995, c. 20, § 130, eff. May 1, 1995; Laws 2011, c. 277, § 1, eff. May 10, 2011.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-7-307

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-307. Medical procedure required to save life of unborn child

If an abortion is performed when the unborn child is sufficiently developed to have any reasonable possibility of survival outside its mother's womb, the medical procedure used must be that which, in the best medical judgment of the physician will give the unborn child the best chance of survival. No medical procedure designed to kill or injure that unborn child may be used unless necessary, in the opinion of the woman's physician, to prevent grave damage to her medical health.

CREDIT(S)

Laws 1974, c. 33, § 7; Laws 1991, 1st Sp.Sess., c. 2, § 5.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-7-308

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-308. Medical skills required to preserve life of unborn child

Consistent with the purpose of saving the life of the woman or preventing grave damage to the woman's medical health, the physician performing the abortion must use all of his medical skills to attempt to promote, preserve and maintain the life of any unborn child sufficiently developed to have any reasonable possibility of survival outside of the mother's womb.

CREDIT(S)

Laws 1974, c. 33, § 8; Laws 1991, 1st Sp.Sess., c. 2, § 6.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-7-308.5

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-308.5. Administration of anesthetic or analgesic to an unborn child

A physician who performs an abortion of an unborn child who is at least 20 weeks gestational age shall administer an anesthetic or analgesic to eliminate or alleviate organic pain to the unborn child that may be caused by the particular method of abortion to be employed, if the woman having the abortion consents to the administration of an anesthetic or analgesic to the unborn child, unless the physician is prevented from administering the anesthetic or analgesic by a medical emergency.

CREDIT(S)

Laws 2009, c. 57, § 3, eff. May 12, 2009.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-7-309

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-309. Pathologist's report

Any human tissue removed during an abortion shall be submitted to a pathologist who shall make a report, including, but not limited to whether there was a pregnancy, and if possible, whether the pregnancy was aborted by evacuating the uterus.

CREDIT(S)

Laws 1974, c. 33, § 9.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-7-310

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-310. Experimentation with unborn children prohibited--Testing for genetic defects

Live unborn children may not be used for experimentation, but when advisable, in the best medical judgment of the physician, may be tested for genetic defects.

CREDIT(S)

Laws 1974, c. 33, § 10.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-7-310.5

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-310.5. Prohibition of specified abortion procedures--Viability defined

(1) As used in this section, “saline abortion procedure” means performance of amniocentesis and injection of saline into the amniotic sac within the uterine cavity.

(2)(a) After viability has been determined in accordance with Subsection (2)(b), no person may knowingly perform a saline abortion procedure unless all other available abortion procedures would pose a risk to the life or the health of the pregnant woman.

(b) For purposes of this section determination of viability shall be made by the physician, based upon his own best clinical judgment. The physician shall determine whether, based on the particular facts of a woman's pregnancy that are known to him, and in light of medical technology and information reasonably available to him, there is a realistic possibility of maintaining and nourishing a life outside of the womb, with or without temporary, artificial life-sustaining support.

(3) Intentional, knowing, and willful violation of this section is a third degree felony.

CREDIT(S)

Laws 1996, c. 267, § 1, eff. April 29, 1996; Laws 2004, c. 272, § 2, eff. May 3, 2004.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-7-311

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-311. Selling and buying unborn children prohibited

Selling, buying, offering to sell and offering to buy unborn children is prohibited.

CREDIT(S)

Laws 1974, c. 33, § 11.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-7-312

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-312. Intimidation or coercion to obtain abortion prohibited

No person shall intimidate or coerce in any way any person to obtain an abortion.

CREDIT(S)

Laws 1974, c. 33, § 12.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-7-313

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-313. Physician's report to Department of Health

(1) In order for the state Department of Health to maintain necessary statistical information and ensure enforcement of the provisions of this part, any physician performing an abortion must obtain and record in writing:

(a) the age, marital status, and county of residence of the woman on whom the abortion was performed;

(b) the number of previous abortions performed on the woman described in Subsection (1)(a);

(d) the weight in grams of the unborn child aborted, if it is possible to ascertain;

(e) the pathological description of the unborn child;

(f) the given menstrual age of the unborn child;

(g) the measurements of the unborn child, if possible to ascertain; and

(h) the medical procedure used to abort the unborn child.

(2) Each physician who performs an abortion shall provide the following to the Department of Health within 30 days after the day on which the abortion is performed:

(a) the information described in Subsection (1);

(b) a copy of the pathologist's report described in Section 76-7-309;

(i) that the required consent was obtained pursuant to Sections 76-7-305, 76-7-305.5, and 76-7-305.6; and

(ii) described in Subsection 76-7-305.6(4), if applicable; and

(d) a certificate indicating:

(i) whether the unborn child was or was not viable, as defined in Subsection 76-7-302(1), at the time of the abortion; and

(ii) if the unborn child was viable, as defined in Subsection 76-7-302(1), at the time of the abortion, the reason for the abortion.

(3) All information supplied to the Department of Health shall be confidential and privileged pursuant to Title 26, Chapter 25, Confidential Information Release.

CREDIT(S)

Laws 1981, c. 126, § 57; Laws 2010, c. 314, § 6, eff. May 11, 2010.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-7-314

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-314. Violations of abortion laws--Classifications

(1) A willful violation of Section 76-7-307, 76-7-308, 76-7-310, 76-7-310.5, 76-7-311, or 76-7-312 is a felony of the third degree.

(2) A violation of Section 76-7-326 is a felony of the third degree.

(3) A violation of Section 76-7-314.5 is a felony of the second degree.

(4) A violation of any other provision of this part is a class A misdemeanor.

CREDIT(S)

Laws 1974, c. 33, § 14; Laws 1991, c. 1, § 4; Laws 1991, 1st Sp.Sess., c. 2, § 7; Laws 1996, c. 267, § 2, eff. April 29, 1996; Laws 2004, c. 272, § 3, eff. May 3, 2004; Laws 2009, c. 38, § 2, eff. May 12, 2009; Laws 2010, c. 13, § 6, eff. March 8, 2010.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-7-314.5

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-314.5. Killing an unborn child

(1) A person is guilty of killing an unborn child if the person causes the death of an unborn child by performing an abortion of the unborn child in violation of the provisions of Subsection 76-7-302(3).

(2) A woman is not criminally liable for:

(a) seeking to obtain, or obtaining, an abortion that is permitted by this part; or

(b) a physician's failure to comply with Subsection 76-7-302(3)(b)(ii) or Section 76-7-305.

CREDIT(S)

Laws 2009, c. 38, § 3, eff. May 12, 2009; Laws 2010, c. 13, § 7, eff. March 8, 2010.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-7-315

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-315. Exceptions to certain requirements in serious medical emergencies

When due to a serious medical emergency, time does not permit compliance with Section 76-7-302, 76-7-305, 76-7-305.5, 76-7-308.5, or 76-7-310.5 the provisions of those sections do not apply.

CREDIT(S)

Laws 1974, c. 33, § 15; Laws 1991, c. 1, § 5; Laws 1996, c. 267, § 3, eff. April 29, 1996; Laws 1996, c. 311, § 3, eff. Sept. 1, 1996; Laws 2006, c. 207, § 6, eff. May 1, 2006; Laws 2009, c. 57, § 4, eff. May 12, 2009.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-7-316

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-316. Actions not precluded

Nothing in this part shall preclude any person believing himself aggrieved by another under this part, from bringing any other action at common law or other statutory provision.

CREDIT(S)

Laws 1974, c. 33, § 16; Laws 1995, c. 20, § 131, eff. May 1, 1995.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-7-317

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-317. Separability clause

If any one or more provision, section, subsection, sentence, clause, phrase or word of this part or the application thereof to any person or circumstance is found to be unconstitutional, the same is hereby declared to be severable and the balance of this part shall remain effective notwithstanding such unconstitutionality. The legislature hereby declares that it would have passed this part, and each provision, section, subsection, sentence, clause, phrase or word thereof, irrespective of the fact that any one or more provision, section, subsection, sentence, clause, phrase, or word be declared unconstitutional.

CREDIT(S)

Laws 1974, c. 33, § 17.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-7-317.1

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-317.1. Abortion Litigation Account

(1) As used in this section, “account” means the Abortion Litigation Account created in this section.

(2) There is created a restricted account within the General Fund known as the “Abortion Litigation Account.”

(3) The Division of Finance may accept, for deposit in the restricted account, grants, gifts, bequests, or any money made available from any private sources for the purpose described in Subsection (4).

(4) Except as provided in Subsection (9), money deposited into the restricted account on or after May 12, 2009, shall be retained in the account for the purpose of paying litigation and appellate expenses of the Office of the Attorney General, including any court-ordered payment of plaintiff's attorney fees, to defend any law passed by the Legislature on or after January 1, 2009, that:

(a) challenges the legal concept that a woman has a constitutional right to an abortion; or

(b) places a restriction on the right to an abortion.

(5) Money shall be appropriated by the Legislature from the account to the Office of the Attorney General under Title 63J, Chapter 1, Budgetary Procedures Act.

(6) The restricted account may be used only for costs, expenses, and attorney fees connected with the defense of an abortion law described in Subsection (4).

(7) Any funds in the restricted account on May 11, 2009, shall be first used to offset money expended by the state in connection with litigation regarding Senate Bill 23, passed in the 1991 General Session.

(8) Any funds described in Subsection (7) that are not needed to offset the money expended by the state in connection with litigation regarding Senate Bill 23, passed in the 1991 General Session, shall be retained in the account for the purpose described in Subsection (4).

(9)(a) If the Legislature does not pass a law described in Subsection (4) on or before July 1, 2014, the funds in the restricted account shall be used by the Division of Child and Family Services, within the Department of Human Services, for adoption assistance.

(b) If, on or before July 1, 2014, the Legislature passes a law described in Subsection (4), any funds remaining in the restricted account after the litigation and appellate expenses to defend the law are paid shall be used by the Division of Child and Family Services, within the Department of Human Services, for adoption assistance.

CREDIT(S)

Laws 1991, c. 288, § 2; Laws 2008, c. 382, § 2180, eff. May 5, 2008; Laws 2009, c. 43, § 1, eff. May 12, 2009; Laws 2010, c. 278, § 88, eff. May 11, 2010.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-7-317.2

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-317.2. Repealed by Laws 2009, c. 38, § 4, eff. May 12, 2009

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-7-318

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§§ 76-7-318 to 76-7-320. Repealed by Laws 1974, c. 33, § 18

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-7-320

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§§ 76-7-318 to 76-7-320. Repealed by Laws 1974, c. 33, § 18

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-7-321

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-321. Contraceptive and abortion services--Funds--Minor--Definitions

As used in Sections 76-7-321 through 76-7-325:

(1) “Abortion services” means any material, program, plan, or undertaking which seeks to promote abortion, encourages individuals to obtain an abortion, or provides abortions.

(2) “Contraceptive services” means any material, program, plan, or undertaking that is used for instruction on the use of birth control devices and substances, encourages individuals to use birth control methods, or provides birth control devices.

(3) “Funds” means any money, supply, material, building, or project provided by this state or its political subdivisions.

(4) “Minor” means any person under the age of 18 who is not otherwise emancipated, married, or a member of the armed forces of the United States.

CREDIT(S)

Laws 1981, c. 123, § 1; Laws 1983, c. 94, § 1; Laws 1988, c. 50, § 2; Laws 1995, c. 20, § 132, eff. May 1, 1995.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-7-322

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-322. Public funds for provision of contraceptive or abortion services restricted

No funds of the state or its political subdivisions shall be used to provide contraceptive or abortion services to an unmarried minor without the prior written consent of the minor's parent or guardian.

CREDIT(S)

Laws 1981, c. 123, § 2; Laws 1988, c. 50, § 3.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-7-323

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-323. Public funds for support entities providing contraceptive or abortion services restricted

No agency of the state or its political subdivisions shall approve any application for funds of the state or its political subdivisions to support, directly or indirectly, any organization or health care provider that provides contraceptive or abortion services to an unmarried minor without the prior written consent of the minor's parent or guardian. No institution shall be denied state or federal funds under relevant provisions of law on the ground that a person on its staff provides contraceptive or abortion services in that person's private practice outside of such institution.

CREDIT(S)

Laws 1981, c. 123, § 3; Laws 1988, c. 50, § 4.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-7-324

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-324. Violation of restrictions on public funds for contraceptive or abortion services as misdemeanor

Any agent of a state agency or political subdivision, acting alone or in concert with others, who violates Section 76-7-322, 76-7-323, or 76-7-331 is guilty of a class B misdemeanor.

CREDIT(S)

Laws 1981, c. 123, § 4; Laws 1988, c. 50, § 5; Laws 2004, c. 271, § 1, eff. May 3, 2004.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-7-325

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-325. Notice to parent or guardian of minor requesting contraceptive--Definition of contraceptives--Penalty for violation

(1) Any person before providing contraceptives to a minor shall notify, whenever possible, the minor's parents or guardian of the service requested to be provided to such minor. Contraceptives shall be defined as appliances (including but not limited to intrauterine devices), drugs, or medicinal preparations intended or having special utility for prevention of conception.

(2) Any person in violation of this section shall be guilty of a class C misdemeanor.

CREDIT(S)

Laws 1983, c. 94, § 2.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-7-326

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-326. Partial birth abortions prohibited

Any physician who knowingly performs a partial birth abortion and thereby kills a human fetus shall be fined or imprisoned, or both, as provided under this part. This section does not apply to a partial birth abortion that is necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness, or physical injury, including a life endangering physical condition caused by or arising from the pregnancy itself.

CREDIT(S)

Laws 2004, c. 272, § 4, eff. May 3, 2004.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-7-327

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-327. Remedies for father or maternal grandparents

(1) The father, if married to the mother at the time she receives a partial birth abortion, and if the mother has not attained the age of 18 years at the time of the abortion, the maternal grandparents of the fetus, may in a civil action obtain appropriate relief, unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the abortion.

(2) Such relief shall include:

(a) money damages for all injuries, psychological and physical, occasioned by the violation of Section 76-7-326; and

(b) statutory damages equal to three times the cost of the partial birth abortion.

CREDIT(S)

Laws 2004, c. 272, § 5, eff. May 3, 2004; Laws 2010, c. 13, § 8, eff. March 8, 2010.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-7-328

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-328. Hearing to determine necessity of physician's conduct

(1) A physician accused of an offense under Section 76-7-326 may seek a hearing before the Physicians Licensing Board created in Section 58-67-201, or the Osteopathic Physician and Surgeon's Licensing Board created in Section 58-68-201 on whether the physician's conduct was necessary to save the life of the mother whose life was endangered by a physical disorder, physical illness, or physical injury, including a life endangering physical condition caused by or arising from the pregnancy itself.

(2) The findings on that issue are admissible on that issue at the trial of the physician. Upon a motion from the physician, the court shall delay the beginning of the trial for not more than 30 days to permit such a hearing to take place.

CREDIT(S)

Laws 2004, c. 272, § 6, eff. May 3, 2004.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-7-329

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-329. Repealed by Laws 2010, c. 13, § 9, eff. March 8, 2010

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-7-330

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-330. Contingent continuance of prior law

(1) If the implementation of Section 76-7-326 enacted by this bill is stayed or otherwise ordered by a court of competent jurisdiction to not be implemented, beginning on the day on which the implementation of Section 76-7-326 is stayed or otherwise ordered not to be implemented the statutes listed in Subsection (2) shall:

(a) be given effect as if this bill did not amend those statutes; and

(b) remain in effect as if not amended by this bill until the day on which a court orders that Section 76-7-326 may be implemented.

(2) Subsection (1) applies to:

(a) Section 76-7-301;

(b) Section 76-7-310.5; and

(3) Nothing in this section prevents the Legislature from amending, repealing, or taking any other action regarding the sections listed in Subsection (2) in this or a subsequent session.

CREDIT(S)

Laws 2004, c. 272, § 8, eff. May 3, 2004.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-7-331

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-331. Public funding of abortion forbidden

(1) As used in this section, “damage to a major bodily function” refers only to injury or impairment of a physical nature and may not be interpreted to mean mental, psychological, or emotional harm, illness, or distress.

(2) Public funds of the state, its institutions, or its political subdivisions may not be used to pay or otherwise reimburse, either directly or indirectly, any person, agency, or facility for the performance of any induced abortion services unless:

(a) in the professional judgment of the pregnant woman's attending physician, the abortion is necessary to save the pregnant woman's life;

(b) the pregnancy is the result of rape or incest reported to law enforcement agencies, unless the woman was unable to report the crime for physical reasons or fear of retaliation; or

(c) in the professional judgment of the pregnant woman's attending physician, the abortion is necessary to prevent permanent, irreparable, and grave damage to a major bodily function of the pregnant woman provided that a caesarian procedure or other medical procedure that could also save the life of the child is not a viable option.

(3) Any officer or employee of the state who knowingly authorizes the use of funds prohibited by this section shall be dismissed from that person's office or position and the person's employment shall be immediately terminated.

CREDIT(S)

Laws 2004, c. 271, § 2, eff. May 3, 2004.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-8-101

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 8. Offenses Against the Administration of Government

Part 1. Corrupt Practices

§ 76-8-101. Definitions

For the purposes of this chapter:

(1) “Candidate for electoral office” means a person who has filed as a candidate for office under the laws of the state.

(2) “Party official” means any person holding any post in a political party whether by election, appointment, or otherwise.

(3) “Peace officer” means any employee of a police or law enforcement agency that is part of or administered by the state or any of its political subdivisions, and whose duties consist primarily of the prevention and detection of crime and the enforcement of criminal statutes or ordinances of this state or any of its political subdivisions.

(4)(a) “Pecuniary benefit” means any advantage in the form of money, property, commercial interest, or anything else, the primary significance of which is economic gain.

(b) “Pecuniary benefit” does not include economic advantage applicable to the public generally, such as tax reduction or increased prosperity generally.

(5)(a) “Public servant” means any officer or employee of the state or any political subdivision of the state, including judges, legislators, consultants, and persons otherwise performing a governmental function.

(b) A person is considered a public servant upon his election, appointment, or other designation as such, although he may not yet officially occupy that position.

CREDIT(S)

Laws 1973, c. 196, § 76-8-101; Laws 1988, c. 229, § 7; Laws 1993, c. 42, § 1.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-8-102

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 8. Offenses Against the Administration of Government

Part 1. Corrupt Practices

§ 76-8-102. Campaign contributions not prohibited

Nothing in this chapter shall be construed to prohibit the giving or receiving of campaign contributions made for the purpose of defraying the costs of a political campaign. No person shall be convicted of an offense solely on the evidence that a campaign contribution was made and that an appointment or nomination was subsequently made by the person to whose campaign or political party the contribution was made.

CREDIT(S)

Laws 1973, c. 196, § 76-8-102.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-8-103

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 8. Offenses Against the Administration of Government

Part 1. Corrupt Practices

§ 76-8-103. Bribery or offering a bribe

(1) A person is guilty of bribery or offering a bribe if that person promises, offers, or agrees to give or gives, directly or indirectly, any benefit to another with the purpose or intent to influence an action, decision, opinion, recommendation, judgment, vote, nomination, or exercise of discretion of a public servant, party official, or voter.

(2) It is not a defense to a prosecution under this statute that:

(a) the person sought to be influenced was not qualified to act in the desired way, whether because the person had not assumed office, lacked jurisdiction, or for any other reason;

(b) the person sought to be influenced did not act in the desired way; or

(i) the action, decision, opinion, recommendation, judgment, vote, nomination, or exercise of discretion, has occurred; or

(ii) the public servant ceases to be a public servant.

(3) Bribery or offering a bribe is:

(a) a third degree felony when the value of the benefit asked for, solicited, accepted, or conferred is less than $1,000; and

(b) a second degree felony when the value of the benefit asked for, solicited, accepted, or conferred is $1,000 or more.

CREDIT(S)

Laws 1973, c. 196, § 76-8-103; Laws 1974, c. 32, § 22; Laws 1991, c. 215, § 1; Laws 1991, c. 280, § 18; Laws 1992, c. 30, § 166; Laws 1993, c. 42, § 2; Laws 1998, c. 92, § 9, eff. May 4, 1998.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-8-104

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 8. Offenses Against the Administration of Government

Part 1. Corrupt Practices

§ 76-8-104. Threats to influence official or political action

(1) A person is guilty of a class A misdemeanor if he threatens any harm to a public servant, party official, or voter with a purpose of influencing his action, decision, opinion, recommendation, nomination, vote, or other exercise of discretion.

(2) As used in this section:

(a) “Harm” means any disadvantage or injury, pecuniary or otherwise, including disadvantage or injury to any other person or entity in whose welfare the public servant, party official, or voter is interested.

(b) “Public servant” does not include jurors.

CREDIT(S)

Laws 1973, c. 196, § 76-8-104; Laws 1991, c. 215, § 2.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-8-105

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 8. Offenses Against the Administration of Government

Part 1. Corrupt Practices

§ 76-8-105. Receiving or soliciting bribe or bribery by public servant

(1) A person is guilty of receiving or soliciting a bribe if that person asks for, solicits, accepts, or receives, directly or indirectly, any benefit with the understanding or agreement that the purpose or intent is to influence an action, decision, opinion, recommendation, judgment, vote, nomination, or exercise of discretion, of a public servant, party official, or voter.

(2) It is not a defense to a prosecution under this statute that:

(a) the person sought to be influenced was not qualified to act in the desired way, whether because the person had not assumed office, lacked jurisdiction, or for any other reason;

(b) the person sought to be influenced did not act in the desired way; or

(i) the action, decision, opinion, recommendation, judgment, vote, nomination, or exercise of discretion, has occurred; or

(ii) the public servant ceases to be a public servant.

(3) Receiving or soliciting a bribe is:

(a) a third degree felony when the value of the benefit asked for, solicited, accepted, or conferred is $1,000 or less; and

(b) a second degree felony when the value of the benefit asked for, solicited, accepted, or conferred exceeds $1,000.

CREDIT(S)

Laws 1998, c. 92, § 10, eff. May 4, 1998.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-8-106

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 8. Offenses Against the Administration of Government

Part 1. Corrupt Practices

§ 76-8-106. Receiving bribe or bribery for endorsement of person as public servant

A person is guilty of a class B misdemeanor if:

(1) He solicits, accepts, agrees to accept for himself, another person, or a political party, money or any other pecuniary benefit as compensation for his endorsement, nomination, appointment, approval, or disapproval of any person for a position as a public servant or for the advancement of any public servant; or

(2) He knowingly gives, offers, or promises any pecuniary benefit prohibited by paragraph (1).

CREDIT(S)

Laws 1973, c. 196, § 76-8-106.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-8-107

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 8. Offenses Against the Administration of Government

Part 1. Corrupt Practices

§ 76-8-107. Alteration of proposed legislative bill or resolution

Every person who fraudulently alters the draft of any bill or resolution which has been presented to either of the houses composing the Legislature to be passed or adopted, with intent to procure its being passed or adopted by either house, or certified by the presiding officer of either house in language different from that intended by such house, is guilty of a felony of the third degree.

CREDIT(S)

Laws 1973, c. 196, § 107; Laws 1974, c. 32, § 23.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-8-108

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 8. Offenses Against the Administration of Government

Part 1. Corrupt Practices

§ 76-8-108. Alteration of enrolled legislative bill or resolution

Every person who fraudulently alters the enrolled copy of any bill or resolution which has been passed or adopted by the Legislature with intent to procure it to be approved by the governor or certified by the Division of Archives, or printed or published by the printer of statutes in language different from that in which it was passed or adopted by the Legislature, is guilty of a felony of the third degree.

CREDIT(S)

Laws 1973, c. 196, § 76-8-108; Laws 1984, c. 67, § 63; Laws 1985, c. 21, § 49.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-8-109

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 8. Offenses Against the Administration of Government

Part 1. Corrupt Practices

§ 76-8-109. Failure to disclose conflict of interest

(1) As used in this section:

(a) “Conflict of interest” means an action that is taken by a regulated officeholder that the officeholder reasonably believes may cause direct financial benefit or detriment to the officeholder, a member of the officeholder's immediate family, or an entity that the officeholder is required to disclose under the provisions of this section, and that benefit or detriment is distinguishable from the effects of that action on the public or on the officeholder's profession, occupation, or association generally.

(b) “Entity” means a corporation, a partnership, a limited liability company, a limited partnership, a sole proprietorship, an association, a cooperative, a trust, an organization, a joint venture, a governmental entity, an unincorporated organization, or any other legal entity, whether established primarily for the purpose of gain or economic profit or not.

(d) “Immediate family” means the regulated officeholder's spouse and children living in the officeholder's immediate household.

(e) “Income” means earnings, compensation, or any other payment made to an individual for gain, regardless of source, whether denominated as wages, salary, commission, pay, bonus, severance pay, incentive pay, contract payment, interest, per diem, expenses, reimbursement, dividends, or otherwise.

(f) “Regulated officeholder” means an individual that is required to file a financial disclosure under the provisions and requirements of this section.

(g) “State constitutional officer” means the governor, the lieutenant governor, the state auditor, the state treasurer, or the attorney general.

(2)(a) Before or during the execution of any order, settlement, declaration, contract, or any other official act of office in which a state constitutional officer has actual knowledge that the officer has a conflict of interest which is not stated on the financial disclosure form required under Subsection (4), the officer shall publicly declare that the officer may have a conflict of interest and what that conflict of interest is.

(b) Before or during any vote on legislation or any legislative matter in which a legislator has actual knowledge that the legislator has a conflict of interest which is not stated on the the financial disclosure form required under Subsection (4), the legislator shall orally declare to the committee or body before which the matter is pending that the legislator may have a conflict of interest and what that conflict is.

(c) Before or during any vote on any rule, resolution, order, or any other board matter in which a member of the State Board of Education has actual knowledge that the member has a conflict of interest which is not stated on the financial disclosure form required under Subsection (4), the member shall orally declare to the board that the member may have a conflict of interest and what that conflict of interest is.

(3) Any public declaration of a conflict of interest that is made under Subsection (2) shall be noted:

(a) on the official record of the action taken, for a state constitutional officer;

(b) in the minutes of the committee meeting or in the Senate or House Journal, as applicable, for a legislator; or

(c) in the minutes of the meeting or on the official record of the action taken, for a member of the State Board of Education.

(4)(a) The following individuals shall file a financial disclosure form:

(i) a state constitutional officer, to be due on the tenth day of January of each year, or the following business day if the due date falls on a weekend or holiday;

(ii) a legislator, at the following times:

(A) on the first day of each general session of the Legislature; and

(B) each time the legislator changes employment;

(iii) a member of the State Board of Education, at the following times:

(A) on the tenth day of January of each year, or the following business day if the due date falls on a weekend or holiday; and

(B) each time the member changes employment.

(b) The financial disclosure form shall include:

(i) the filer's name;

(ii) the name and address of the filer's primary employer;

(iii) a brief description of the filer's employment, including the filer's occupation and, as applicable, job title;

(iv) for each entity in which the filer is an owner or an officer:

(A) the name of the entity;

(B) a brief description of the type of business or activity conducted by the entity; and

(v) for each entity that has paid $5,000 or more in income to the filer within the one-year period ending immediately before the date of the disclosure form:

(A) the name of the entity; and

(B) a brief description of the type of business of activity conducted by the entity;

(vi) for each entity in which the filer holds any stocks or bonds having a fair market value of $5,000 or more as of the date of the disclosure form, but excluding funds that are managed by a third party, including blind trusts, managed investment accounts, and mutual funds:

(A) the name of the entity; and

(B) a brief description of the type of business or activity conducted by the entity;

(vii) for each entity not listed in Subsections (4)(b)(iv) through (4)(b)(vi), in which the filer serves on the board of directors or in any other type of formal advisory capacity:

(A) the name of the entity or organization;

(B) a brief description of the type of business or activity conducted by the entity; and

(viii) at the option of the filer, any real property in which the filer holds an ownership or other financial interest that the filer believes may constitute a conflict of interest, including:

(A) a description of the real property; and

(B) a description of the type of interest held by the filer in the property;

(ix) the name of the filer's spouse and any other adult residing in the filer's household that is not related by blood or marriage, as applicable;

(x) a brief description of the employment and occupation of the filer's spouse and any other adult residing in the filer's household that is not related by blood or marriage, as applicable;

(xi) at the option of the filer, a description of any other matter or interest that the filer believes may constitute a conflict of interest;

(xii) the date the form was completed;

(xiii) a statement that the filer believes that the form is true and accurate to the best of the filer's knowledge; and

(xiv) the signature of the filer.

(c)(i) The financial disclosure shall be filed with:

(A) the secretary of the Senate, for a legislator that is a senator;

(B) the chief clerk of the House of Representatives, for a legislator that is a representative; or

(ii) The lieutenant governor, the secretary of the Senate, and the chief clerk of the House of Representatives shall ensure that blank financial disclosure forms are available on the Internet and at their offices.

(d) Financial disclosure forms that are filed under the procedures and requirements of this section shall be made available to the public:

(i) on the Internet; and

(ii) at the office where the form was filed.

(e) This section's requirement to disclose a conflict of interest does not prohibit a regulated officeholder from voting or acting on any matter.

(5) A regulated officeholder who violates the requirements of Subsection (2) is guilty of a class B misdemeanor.

CREDIT(S)

Laws 1973, c. 196, § 76-8-109; Laws 1995, c. 191, § 1, eff. May 1, 1995; Laws 2010, c. 12, § 5, eff. March 8, 2010.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-8-110

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 8. Offenses Against the Administration of Government

Part 1. Corrupt Practices

§ 76-8-110. Peace officer prohibited from acting as compensated collection agent for collection agencies or creditors

(1) A peace officer may not have any interest in any collection agency or act as a compensated collection agent for any creditor or collection agency.

(2) A person that violates this section is guilty of a class C misdemeanor.

CREDIT(S)

Laws 1988, c. 229, § 8; Laws 1992, c. 128, § 1.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-8-201

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 8. Offenses Against the Administration of Government

Part 2. Abuse of Office

§ 76-8-201. Official misconduct--Unauthorized acts or failure of duty

A public servant is guilty of a class B misdemeanor if, with an intent to benefit himself or another or to harm another, he knowingly commits an unauthorized act which purports to be an act of his office, or knowingly refrains from performing a duty imposed on him by law or clearly inherent in the nature of his office.

CREDIT(S)

Laws 1973, c. 196, § 76-8-201.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-8-202

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 8. Offenses Against the Administration of Government

Part 2. Abuse of Office

§ 76-8-202. Official misconduct--Unlawful acts based on “inside” information

A public servant is guilty of a class A misdemeanor if, knowing that official action is contemplated or in reliance on information which he has acquired by virtue of his office or from another public servant, which information has not been made public, he:

(1) acquires or divests himself of a pecuniary interest in any property, transaction, or enterprise which may be affected by such action or information;

(2) speculates or wagers on the basis of such action or information; or

(3) knowingly aids another to do any of the foregoing.

CREDIT(S)

Laws 1973, c. 196, § 202; Laws 1991, c. 241, § 98.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-8-203

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 8. Offenses Against the Administration of Government

Part 2. Abuse of Office

§ 76-8-203. Unofficial misconduct

(1) A person is guilty of unofficial misconduct if the person exercises or attempts to exercise any of the functions of a public office when the person:

(a) has not taken and filed the required oath of office;

(b) has failed to execute and file a required bond;

(d) exercises any of the functions of his office after his term has expired and the successor has been elected or appointed and has qualified, or after his office has been legally removed; or

(e) knowingly withholds or retains from his successor in office or other person entitled to the official seal or any records, papers, documents, or other writings appertaining or belonging to his office or mutilates or destroys or takes away the same.

(2) Unofficial misconduct is a class B misdemeanor.

CREDIT(S)

Laws 1973, c. 196, § 76-8-203; Laws 1996, c. 79, § 101, eff. April 29, 1996; Laws 2011, c. 336, § 11, eff. May 10, 2011.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-8-301

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 8. Offenses Against the Administration of Government

Part 3. Obstructing Governmental Operations

§ 76-8-301. Interference with public servant

(1) A person is guilty of interference with a public servant if he:

(a) uses force, violence, intimidation, or engages in any other unlawful act with a purpose to interfere with a public servant performing or purporting to perform an official function; or

(b) knowingly or intentionally interferes with the lawful service of process by a public servant.

(2) Interference with a public servant is a class B misdemeanor.

(3) For purposes of this section, “public servant” does not include jurors.

CREDIT(S)

Laws 1973, c. 196, § 76-8-301; Laws 1993, c. 42, § 3; Laws 1998, c. 72, § 1, eff. May 4, 1998.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-8-301.5

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 8. Offenses Against the Administration of Government

Part 3. Obstructing Governmental Operations

§ 76-8-301.5. Failure to disclose identity

(1) A person is guilty of failure to disclose identity if during the period of time that the person is lawfully subjected to a stop as described in Section 77-7-15:

(a) a peace officer demands that the person disclose the person's name;

(b) the demand described in Subsection (1)(a) is reasonably related to the circumstances justifying the stop;

(c) the disclosure of the person's name by the person does not present a reasonable danger of self-incrimination in the commission of a crime; and

(d) the person fails to disclose the person's name.

(2) Failure to disclose identity is a class B misdemeanor.

CREDIT(S)

Laws 2008, c. 293, § 1, eff. May 5, 2008.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-8-302

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 8. Offenses Against the Administration of Government

Part 3. Obstructing Governmental Operations

§ 76-8-302. Picketing or parading in or near court

A person is guilty of a class B misdemeanor if he pickets or parades in or near a building which houses a court of this state with intent to obstruct access to that court or to affect the outcome of a case pending before that court.

CREDIT(S)

Laws 1973, c. 196, § 76-8-302.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-8-303

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 8. Offenses Against the Administration of Government

Part 3. Obstructing Governmental Operations

§ 76-8-303. Prevention of Legislature or public servants from meeting or organizing

A person is guilty of a felony of the third degree if he intentionally and by force or fraud:

(1) Prevents the Legislature, or either of the houses composing it, or any of the members thereof, from meeting or organizing; or

(2) Prevents any other public servant from meeting or organizing to perform a lawful governmental function.

CREDIT(S)

Laws 1973, c. 196, § 76-8-303.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-8-304

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 8. Offenses Against the Administration of Government

Part 3. Obstructing Governmental Operations

§ 76-8-304. Disturbing Legislature or official meeting

(1) A person is guilty of a class B misdemeanor if he intentionally:

(a) disturbs the Legislature, or either of the houses composing it, while in session;

(b) commits any disorderly conduct in the immediate view and presence of either house of the Legislature, tending to interrupt its proceedings or impair the respect of its authority; or

(c) disturbs an official meeting or commits any disorderly conduct in immediate view and presence of participants in an official meeting tending to interrupt its proceedings.

(2) “Official meeting,” as used in this section, means any lawful meeting of public servants for the purposes of carrying on governmental functions.

CREDIT(S)

Laws 1973, c. 196, § 76-8-304; Laws 1992, c. 30, § 167.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-8-305

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 8. Offenses Against the Administration of Government

Part 3. Obstructing Governmental Operations

§ 76-8-305. Interference with arresting officer

A person is guilty of a class B misdemeanor if he has knowledge, or by the exercise of reasonable care should have knowledge, that a peace officer is seeking to effect a lawful arrest or detention of that person or another and interferes with the arrest or detention by:

(1) use of force or any weapon;

(2) the arrested person's refusal to perform any act required by lawful order:

(a) necessary to effect the arrest or detention; and

(b) made by a peace officer involved in the arrest or detention; or

(3) the arrested person's or another person's refusal to refrain from performing any act that would impede the arrest or detention.

CREDIT(S)

Laws 1981, c. 62, § 1; Laws 1990, c. 274, § 1.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-8-305.5

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 8. Offenses Against the Administration of Government

Part 3. Obstructing Governmental Operations

§ 76-8-305.5. Failure to stop at the command of a law enforcement officer

A person is guilty of a class A misdemeanor who flees from or otherwise attempts to elude a law enforcement officer:

(1) after the officer has issued a verbal or visual command to stop;

(2) for the purpose of avoiding arrest; and

(3) by any means other than a violation of Section 41-6a-210 regarding failure to stop a vehicle at the command of a law enforcement officer.

CREDIT(S)

Laws 2005, c. 288, § 1, eff. May 2, 2005.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-8-306

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 8. Offenses Against the Administration of Government

Part 3. Obstructing Governmental Operations

§ 76-8-306. Obstruction of justice in criminal investigations or proceedings --Elements--Penalties--Exceptions

(1) An actor commits obstruction of justice if the actor, with intent to hinder, delay, or prevent the investigation, apprehension, prosecution, conviction, or punishment of any person regarding conduct that constitutes a criminal offense:

(a) provides any person with a weapon;

(b) prevents by force, intimidation, or deception, any person from performing any act that might aid in the discovery, apprehension, prosecution, conviction, or punishment of any person;

(d) makes, presents, or uses any item or thing known by the actor to be false;

(e) harbors or conceals a person;

(f) provides a person with transportation, disguise, or other means of avoiding discovery or apprehension;

(g) warns any person of impending discovery or apprehension;

(h) warns any person of an order authorizing the interception of wire communications or of a pending application for an order authorizing the interception of wire communications;

(i) conceals information that is not privileged and that concerns the offense, after a judge or magistrate has ordered the actor to provide the information; or

(j) provides false information regarding a suspect, a witness, the conduct constituting an offense, or any other material aspect of the investigation.

(2)(a) As used in this section, “conduct that constitutes a criminal offense” means conduct that would be punishable as a crime and is separate from a violation of this section, and includes:

(i) any violation of a criminal statute or ordinance of this state, its political subdivisions, any other state, or any district, possession, or territory of the United States; and

(ii) conduct committed by a juvenile which would be a crime if committed by an adult.

(b) A violation of a criminal statute that is committed in another state, or any district, possession, or territory of the United States, is a:

(i) capital felony if the penalty provided includes death or life imprisonment without parole;

(ii) a first degree felony if the penalty provided includes life imprisonment with parole or a maximum term of imprisonment exceeding 15 years;

(iii) a second degree felony if the penalty provided exceeds five years;

(iv) a third degree felony if the penalty provided includes imprisonment for any period exceeding one year; and

(v) a misdemeanor if the penalty provided includes imprisonment for any period of one year or less.

(3) Obstruction of justice is:

(a) a second degree felony if the conduct which constitutes an offense would be a capital felony or first degree felony;

(b) a third degree felony if:

(i) the conduct that constitutes an offense would be a second or third degree felony and the actor violates Subsection (1)(b), (c), (d), (e), or (f);

(ii) the conduct that constitutes an offense would be any offense other than a capital or first degree felony and the actor violates Subsection (1)(a);

(iii) the obstruction of justice is presented or committed before a court of law; or

(iv) a violation of Subsection (1)(h); or

(4) It is not a defense that the actor was unaware of the level of penalty for the conduct constituting an offense.

(5) Subsection (1)(e) does not apply to harboring a youth offender, which is governed by Section 62A-7-402.

(6) Subsection (1)(b) does not apply to:

(a) tampering with a juror, which is governed by Section 76-8-508.5;

(b) influencing, impeding, or retaliating against a judge or member of the Board of Pardons and Parole, which is governed by Section 76-8-316;

(d) retaliation against a witness, victim, or informant, which is governed by Section 76-8-508.3; or

(e) extortion or bribery to dismiss a criminal proceeding, which is governed by Section 76-8-509.

(7) Notwithstanding Subsection (1), (2), or (3), an actor commits a third degree felony if the actor harbors or conceals an offender who has escaped from official custody as defined in Section 76-8-309.

CREDIT(S)

Laws 2001, c. 209, § 10, eff. April 30, 2001; Laws 2001, c. 307, § 2, eff. April 30, 2001; Laws 2003, c. 179, § 1; Laws 2004, c. 140, § 2, eff. May 3, 2004; Laws 2004, c. 240, § 3, eff. March 22, 2004; Laws 2005, c. 13, § 27, eff. March 1, 2005; Laws 2009, c. 213, § 1, eff. May 12, 2009.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-8-306.5

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 8. Offenses Against the Administration of Government

Part 3. Obstructing Governmental Operations

§ 76-8-306.5. Obstructing service of a Board of Pardons' warrant or a probationer order to show cause

A person is guilty of a third degree felony who:

(1) knows that the Board of Pardons and Parole has issued a warrant for a parolee or that a court has issued an order to show cause regarding a defendant's violation of the terms of probation; and

(2)(a) harbors or conceals the parolee or probationer;

(b) provides the parolee or probationer with transportation, disguise, or other means or assistance to avoid discovery; or

CREDIT(S)

Laws 2007, c. 155, § 1, eff. April 30, 2007.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-8-307

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 8. Offenses Against the Administration of Government

Part 3. Obstructing Governmental Operations

§ 76-8-307. Failure to aid peace officer

A person is guilty of a class B misdemeanor if, upon command by a peace officer identifiable or identified by him as such, he unreasonably fails or refuses to aid the peace officer in effecting an arrest or in preventing the commission of any offense by another person.

CREDIT(S)

Laws 1973, c. 196, § 76-8-307.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-8-308

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 8. Offenses Against the Administration of Government

Part 3. Obstructing Governmental Operations

§ 76-8-308. Acceptance of bribe or bribery to prevent criminal prosecution--Defense

(1) A person is guilty of a class A misdemeanor if he:

(a) solicits, accepts, or agrees to accept any benefit as consideration for his refraining from initiating or aiding in a criminal prosecution; or

(b) confers, offers, or agrees to confer any benefit upon another as consideration for the person refraining from initiating or aiding in a criminal prosecution.

(2) It is an affirmative defense that the value of the benefit did not exceed an amount which the actor believed to be due as restitution or indemnification for the loss caused or to be caused by the offense.

CREDIT(S)

Laws 1973, c. 196, § 76-8-308; Laws 1991, c. 241, § 99.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-8-309

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 8. Offenses Against the Administration of Government

Part 3. Obstructing Governmental Operations

§ 76-8-309. Escape and aggravated escape--Consecutive sentences--Definitions

(1)(a)(i) A prisoner is guilty of escape if he leaves official custody without lawful authorization.

(ii) If a prisoner obtains authorization to leave official custody by means of deceit, fraud, or other artifice, the prisoner has not received lawful authorization.

(b) Escape under this Subsection (1) is a third degree felony except as provided under Subsection (1)(c).

(i) the actor escapes from a state prison; or

(ii)(A) the actor is convicted as a party to the offense, as defined in Section 76-2-202; and

(B) the actor is an employee at or a volunteer of a law enforcement agency, the Department of Corrections, a county or district attorney's office, the office of the state attorney general, the Board of Pardons and Parole, or the courts, the Judicial Council, the Office of the Court Administrator, or similar administrative units in the judicial branch of government.

(2)(a) A prisoner is guilty of aggravated escape if in the commission of an escape he uses a dangerous weapon, as defined in Section 76-1-601, or causes serious bodily injury to another.

(b) Aggravated escape is a first degree felony.

(3) Any prison term imposed upon a prisoner for escape under this section shall run consecutively with any other sentence.

(4) For the purposes of this section:

(a) “Confinement” means the prisoner is:

(i) housed in a state prison or any other facility pursuant to a contract with the Utah Department of Corrections after being sentenced and committed and the sentence has not been terminated or voided or the prisoner is not on parole;

(ii) lawfully detained in a county jail prior to trial or sentencing or housed in a county jail after sentencing and commitment and the sentence has not been terminated or voided or the prisoner is not on parole; or

(iii) lawfully detained following arrest.

(b) “Escape” is considered to be a continuing activity commencing with the conception of the design to escape and continuing until the escaping prisoner is returned to official custody or the prisoner's attempt to escape is thwarted or abandoned.

(c) “Official custody” means arrest, whether with or without warrant, or confinement in a state prison, jail, institution for secure confinement of juvenile offenders, or any confinement pursuant to an order of the court or sentenced and committed and the sentence has not been terminated or voided or the prisoner is not on parole. A person is considered confined in the state prison if he:

(i) without authority fails to return to his place of confinement from work release or home visit by the time designated for return;

(ii) is in prehearing custody after arrest for parole violation;

(iii) is being housed in a county jail, after felony commitment, pursuant to a contract with the Department of Corrections; or

(iv) is being transported as a prisoner in the state prison by correctional officers.

(d) “Prisoner” means any person who is in official custody and includes persons under trusty status.

(e) “Volunteer” means any person who donates service without pay or other compensation except expenses actually and reasonably incurred as approved by the supervising agency.

CREDIT(S)

Laws 1996, c. 104, § 1, eff. April 29, 1996; Laws 1997, c. 104, § 9, eff. May 5, 1997; Laws 1997, c. 311, § 1, eff. May 5, 1997; Laws 2002, c. 17, § 1, eff. May 6, 2002; Laws 2004, c. 274, § 4, eff. March 23, 2004.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-8-309.5

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 8. Offenses Against the Administration of Government

Part 3. Obstructing Governmental Operations

§ 76-8-309.5. Repealed by Laws 2004, c. 240, § 4, eff. March 22, 2004

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-8-310

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 8. Offenses Against the Administration of Government

Part 3. Obstructing Governmental Operations

§ 76-8-310. Repealed by Laws 2004, c. 274, § 5, eff. March 23, 2004

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-8-311

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 8. Offenses Against the Administration of Government

Part 3. Obstructing Governmental Operations

§ 76-8-311. Repealed by Laws 1990, c. 238, § 3, eff. April 23, 1990

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-8-311.1

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 8. Offenses Against the Administration of Government

Part 3. Obstructing Governmental Operations

§ 76-8-311.1. Secure areas--Items prohibited--Penalty

(1) In addition to the definitions in Section 76-10-501, as used in this section:

(a) “Correctional facility” has the same meaning as defined in Section 76-8-311.3.

(b) “Explosive” has the same meaning as defined for “explosive, chemical, or incendiary device” defined in Section 76-10-306.

(d) “Mental health facility” has the same meaning as defined in Section 62A-15-602.

(e)(i) “Secure area” means any area into which certain persons are restricted from transporting any firearm, ammunition, dangerous weapon, or explosive.

(ii) A “secure area” may not include any area normally accessible to the public.

(2)(a) A person in charge of a correctional, law enforcement, or mental health facility may establish secure areas within the facility and may prohibit or control by rule any firearm, ammunition, dangerous weapon, or explosive.

(b) Subsections (2)(a), (3), (4), (5), and (6) apply to higher education secure area hearing rooms referred to in Subsections 53B-3-103(2)(a)(ii) and (b).

(3) At least one notice shall be prominently displayed at each entrance to an area in which a firearm, ammunition, dangerous weapon, or explosive is restricted.

(4)(a) Provisions shall be made to provide a secure weapons storage area so that persons entering the secure area may store their weapons prior to entering the secure area.

(b) The entity operating the facility shall be responsible for weapons while they are stored in the storage area.

(5) It is a defense to any prosecution under this section that the accused, in committing the act made criminal by this section, acted in conformity with the facility's rule or policy established pursuant to this section.

(6)(a) Any person who knowingly or intentionally transports into a secure area of a facility any firearm, ammunition, or dangerous weapon is guilty of a third degree felony.

(b) Any person violates Section 76-10-306 who knowingly or intentionally transports, possesses, distributes, or sells any explosive in a secure area of a facility.

CREDIT(S)

Laws 1996, c. 164, § 2, eff. April 29, 1996; Laws 1999, c. 97, § 3, eff. May 3, 1999; Laws 2002, c. 323, § 2, eff. March 26, 2002; Laws 2002, 5th Sp.Sess., c. 8, § 129, eff. Sept. 8, 2002.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-8-311.3

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 8. Offenses Against the Administration of Government

Part 3. Obstructing Governmental Operations

§ 76-8-311.3. Items prohibited in correctional and mental health facilities --Penalties

(1) As used in this section:

(a) “Contraband” means any item not specifically prohibited for possession by offenders under this section or Title 58, Chapter 37, Utah Controlled Substances Act.

(b) “Controlled substance” means any substance defined as a controlled substance under Title 58, Chapter 37, Utah Controlled Substances Act.

(i) any facility operated by or contracting with the Department of Corrections to house offenders in either a secure or nonsecure setting;

(ii) any facility operated by a municipality or a county to house or detain criminal offenders;

(iii) any juvenile detention facility; and

(iv) any building or grounds appurtenant to the facility or lands granted to the state, municipality, or county for use as a correctional facility.

(d) “Electronic cigarette” is as defined in Section 76-10-101.

(e) “Medicine” means any prescription drug as defined in Title 58, Chapter 17b, Pharmacy Practice Act, but does not include any controlled substances as defined in Title 58, Chapter 37, Utah Controlled Substances Act.

(f) “Mental health facility” is as defined in Section 62A-15-602.

(g) “Offender” means a person in custody at a correctional facility.

(h) “Secure area” is as defined in Section 76-8-311.1.

(2) Notwithstanding Section 76-10-500, a correctional or mental health facility may provide by rule that no firearm, ammunition, dangerous weapon, implement of escape, explosive, controlled substance, spirituous or fermented liquor, medicine, or poison in any quantity may be:

(a) transported to or upon a correctional or mental health facility;

(b) sold or given away at any correctional or mental health facility;

(d) knowingly or intentionally possessed at a correctional or mental health facility.

(3) It is a defense to any prosecution under this section if the accused in committing the act made criminal by this section with respect to:

(a) a correctional facility operated by the Department of Corrections, acted in conformity with departmental rule or policy;

(b) a correctional facility operated by a municipality, acted in conformity with the policy of the municipality;

(d) a mental health facility, acted in conformity with the policy of the mental health facility.

(4)(a) Any person who transports to or upon a correctional facility, or into a secure area of a mental health facility, any firearm, ammunition, dangerous weapon, or implement of escape with intent to provide or sell it to any offender, is guilty of a second degree felony.

(b) Any person who provides or sells to any offender at a correctional facility, or any detainee at a secure area of a mental health facility, any firearm, ammunition, dangerous weapon, or implement of escape is guilty of a second degree felony.

(c) Any offender who possesses at a correctional facility, or any detainee who possesses at a secure area of a mental health facility, any firearm, ammunition, dangerous weapon, or implement of escape is guilty of a second degree felony.

(d) Any person who, without the permission of the authority operating the correctional facility or the secure area of a mental health facility, knowingly possesses at a correctional facility or a secure area of a mental health facility any firearm, ammunition, dangerous weapon, or implement of escape is guilty of a third degree felony.

(e) Any person violates Section 76-10-306 who knowingly or intentionally transports, possesses, distributes, or sells any explosive in a correctional facility or mental health facility.

(5)(a) A person is guilty of a third degree felony who, without the permission of the authority operating the correctional facility or secure area of a mental health facility, knowingly transports to or upon a correctional facility or into a secure area of a mental health facility any:

(i) spirituous or fermented liquor;

(ii) medicine, whether or not lawfully prescribed for the offender; or

(iii) poison in any quantity.

(b) A person is guilty of a third degree felony who knowingly violates correctional or mental health facility policy or rule by providing or selling to any offender at a correctional facility or detainee within a secure area of a mental health facility any:

(i) spirituous or fermented liquor;

(ii) medicine, whether or not lawfully prescribed for the offender; or

(iii) poison in any quantity.

(c) An inmate is guilty of a third degree felony who, in violation of correctional or mental health facility policy or rule, possesses at a correctional facility or in a secure area of a mental health facility any:

(i) spirituous or fermented liquor;

(ii) medicine, other than medicine provided by the facility's health care providers in compliance with facility policy; or

(iii) poison in any quantity.

(d) A person is guilty of a class A misdemeanor who, with the intent to directly or indirectly provide or sell any tobacco product or electronic cigarette to an offender, directly or indirectly:

(i) transports, delivers, or distributes any tobacco product or electronic cigarette to an offender or on the grounds of any correctional facility;

(ii) solicits, requests, commands, coerces, encourages, or intentionally aids another person to transport any tobacco product or electronic cigarette to an offender or on any correctional facility, if the person is acting with the mental state required for the commission of an offense; or

(iii) facilitates, arranges, or causes the transport of any tobacco product or electronic cigarette in violation of this section to an offender or on the grounds of any correctional facility.

(e) A person is guilty of a class A misdemeanor who, without the permission of the authority operating the correctional or mental health facility, fails to declare or knowingly possesses at a correctional facility or in a secure area of a mental health facility any:

(i) spirituous or fermented liquor;

(ii) medicine; or

(iii) poison in any quantity.

(f) A person is guilty of a class B misdemeanor who, without the permission of the authority operating the correctional facility, knowingly engages in any activity that would facilitate the possession of any contraband by an offender in a correctional facility. The provisions of Subsection (5)(d) regarding any tobacco product or electronic cigarette take precedence over this Subsection (5)(f).

(g) Exemptions may be granted for worship for Native American inmates pursuant to Section 64-13-40.

(6) The possession, distribution, or use of a controlled substance at a correctional facility or in a secure area of a mental health facility shall be prosecuted in accordance with Title 58, Chapter 37, Utah Controlled Substances Act.

(7) The department shall make rules under Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish guidelines for providing written notice to visitors that providing any tobacco product or electronic cigarette to offenders is a class A misdemeanor.

CREDIT(S)

Laws 1990, c. 238, § 2; Laws 1993, c. 62, § 1; Laws 1994, c. 12, § 109; Laws 1994, c. 124, § 1; Laws 1996, c. 164, § 3, eff. April 29, 1996; Laws 1996, c. 247, § 46, eff. April 29, 1996; Laws 1997, c. 288, § 1, eff. May 5, 1997; Laws 1999, c. 5, § 1, eff. May 3, 1999; Laws 1999, c. 97, § 4, eff. May 3, 1999; Laws 1999, c. 197, § 1, eff. May 3, 1999; Laws 2002, 5th Sp.Sess., c. 8, § 130, eff. Sept. 8, 2002; Laws 2004, c. 36, § 3, eff. March 15, 2004; Laws 2004, c. 280, § 61, eff. July 1, 2004; Laws 2008, c. 382, § 2181, eff. May 5, 2008; Laws 2010, c. 114, § 4, eff. May 11, 2010.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-8-312

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 8. Offenses Against the Administration of Government

Part 3. Obstructing Governmental Operations

§ 76-8-312. Bail-jumping

(1) A person is guilty of an offense when having been released on bail or on his own recognizance by court order or by other lawful authority upon condition that he subsequently appear personally upon a charge of an offense, he fails without just cause to appear at the time and place which have been lawfully designated for his appearance.

(2) An offense under this section is a felony of the third degree when the offense charged is a felony, a class B misdemeanor when the offense charged is a misdemeanor, and an infraction when the offense charged is an infraction.

CREDIT(S)

Laws 1973, c. 196, § 76-8-312; Laws 1974, c. 32, § 24.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-8-313

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 8. Offenses Against the Administration of Government

Part 3. Obstructing Governmental Operations

§ 76-8-313. Threatening elected officials--Assault

A person commits assault on an elected official when he attempts or threatens, irrespective of a showing of immediate force or violence, to inflict bodily injury to the elected official with the intent to impede, intimidate, or interfere with the elected official in the performance of his official duties or with the intent to retaliate against the elected official because of the performance of his official duties.

CREDIT(S)

Laws 1983, c. 330, § 1; Laws 1996, c. 45, § 1, eff. April 29, 1996.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-8-314

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 8. Offenses Against the Administration of Government

Part 3. Obstructing Governmental Operations

§ 76-8-314. Threatening elected officials--“Elected official” defined

As used in this section, “elected official” means:

(1) any elected official of the state, county, or city and includes the members of the official's immediate family;

(2) any temporary judge appointed to fill a vacant judicial position;

(3) any judge not yet retained by a retention election;

(4) any member of a school board; and

(5) any person appointed to fill a vacant position of an elected official as defined in Subsection (1).

CREDIT(S)

Laws 1983, c. 330, § 2; Laws 1996, c. 45, § 2, eff. April 29, 1996.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-8-315

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 8. Offenses Against the Administration of Government

Part 3. Obstructing Governmental Operations

§ 76-8-315. Threatening elected officials--Penalties for assault

Assault on an elected official is a felony of the third degree if bodily injury is attempted or occurs, otherwise the assault is a class B misdemeanor.

CREDIT(S)

Laws 1983, c. 330, § 3.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-8-316

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 8. Offenses Against the Administration of Government

Part 3. Obstructing Governmental Operations

§ 76-8-316. Influencing, impeding, or retaliating against a judge or member of the Board of Pardons and Parole

(1) A person is guilty of a third degree felony if the person threatens to assault, kidnap, or murder a judge or a member of the Board of Pardons and Parole with the intent to impede, intimidate, or interfere with the judge or member of the board while engaged in the performance of the judge's or member's official duties or with the intent to retaliate against the judge or member on account of the performance of those official duties.

(2) A person is guilty of a second degree felony if the person commits an assault on a judge or a member of the Board of Pardons and Parole with the intent to impede, intimidate, or interfere with the judge or member of the board while engaged in the performance of the judge's or member's official duties, or with the intent to retaliate against the judge or member on account of the performance of those official duties.

(3) A person is guilty of a first degree felony if the person commits aggravated assault or attempted murder on a judge or a member of the Board of Pardons and Parole with the purpose to impede, intimidate, or interfere with the judge or member of the board while engaged in the performance of the judge's or member's official duties or with the purpose to retaliate against the judge or member on account of the performance of those official duties.

(4) As used in this section:

(a) “Immediate family” means parents, spouse, surviving spouse, children, and siblings of the officer.

(b) “Judge” means judges of all courts of record and courts not of record and court commissioners.

(d) “Member of the Board of Pardons and Parole” means appointed members of the board.

(5) A member of the Board of Pardons and Parole is an executive officer for purposes of Subsection 76-5-202(1)(m).

CREDIT(S)

Laws 1995, c. 51, § 2, eff. May 1, 1995; Laws 2001, c. 9, § 115, eff. April 30, 2001; Laws 2001, c. 209, § 11, eff. April 30, 2001; Laws 2007, c. 326, § 3, eff. April 30, 2007; Laws 2008, c. 12, § 4, eff. Feb. 26, 2008.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-8-317

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 8. Offenses Against the Administration of Government

Part 3. Obstructing Governmental Operations

§ 76-8-317. Refusal to comply with order to evacuate or other orders issued in a local or state emergency--Penalties

(1) A person may not refuse to comply with an order to evacuate issued under this chapter or refuse to comply with any other order issued by the governor in a state of an emergency under Section 63K-4-201 or by a chief executive officer in a local emergency under Section 63K-4-202, if notice of the order has been given to that person.

(2) A person who violates this section is guilty of a class B misdemeanor.

CREDIT(S)

Laws 2006, c. 286, § 6, eff. May 1, 2006; Laws 2008, c. 382, § 2182, eff. May 5, 2008; Laws 2010, c. 370, § 11, eff. May 11, 2010.

Current through 2012 Fourth Special Session.

U.C.A. 1953 § 76-8-401

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code