Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 21 (2025GS)

Sponsor

Rep. Gwynn, Matthew H.

Final action

Governor Signed 3/25/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• reorders language into a standardized format and clarifies existing law, including the offenses in Title 76, Chapter 9, Offenses Against Public Order and Decency, and Chapter 10, Offenses Against Public Health, Safety, Welfare, and Morals;
• reorganizes Title 76, Chapters 9 and 10 into a new organization to better align with the contents of the statutes;
• reorganizes offenses to enact an embedded offense as a stand-alone statute or statutes, including offenses concerning:
• emergency reporting, interference, and false reports;
• prohibited use of a party line or public pay telephone;
• commercial obstruction;
• electronic communication harassment and disclosure of personal information;
• cruelty to animals, dog fighting, and police service canines, including aligning exemptions and defenses based on the elements of each offense;
• voyeurism;
• abuse or desecration of a dead human body;
• criminal street gang activities;
• tobacco sales and related offenses;
• gambling and related offenses;

Every vote on this bill

Bill text

635
4-2-903
4-25-303
4-41a-102
4-44-202
9-7-215
9-8a-304
9-8a-309
9-9-403
9-23-306
10-8-41.5
10-8-41.6
10-8-47
10-18-103
11-46-303
76-9-905
13-39-202
13-40-102
13-44-301
13-45-401
13-74-101
16-6a-1414
17-41-403
17-50-333
19-2-114
19-6-429
23A-4-1106
23A-13-303
26B-2-120
26B-4-501
26B-7-205
26B-7-501
26B-7-505
26B-7-508
26B-7-511
26B-7-514
26B-7-516
26B-7-517
26B-7-521
26B-8-208
31A-21-501
32B-3-303
32B-4-423
32B-5-301
32B-7-202
32B-9-204
34-45-102
34-45-107
34-52-201
34A-5-114
41-1a-1008
41-3-413
76-9-504
76-9-506
76-9-509
47-3-305
51-9-203
51-9-801
53-2a-214
53-3-219
53-3-220
53-3-229
53-3-810
53-5-702
53-5-704
53-5-705
53-5-710
53-5-711
53-5a-102
53-5a-102.1
76-10-511
76-10-520
76-10-522
76-10-523.5
76-10-523
53-5a-202
53-5a-301
76-10-526
76-10-526.1
76-10-527
76-10-524
53-5c-201
53-5c-301
53-5c-302
53-5d-102
53-10-202
53-10-208.1
53-10-403
53-10-801
53-10-803
53-13-116
53-22-105
53-22-107
53-25-103
53-25-202
53-25-501
53-25-601
76-9-903
53B-16-601
53G-1-103
53G-4-402
53G-6-204
53G-8-201
53G-8-205
53G-8-209
53G-8-211
53G-8-701.8
53G-10-103
57-22-5.1
58-37-8
76-10-2204
76-10-2203
58-63-307
59-14-102
59-14-501.5
59-14-507
59-14-807
59-14-810
59-27-105
63G-6a-2505
63G-7-301
63G-12-102
63G-12-106
63G-31-302
63G-31-304
63I-1-276
63I-2-276
63M-7-502
64-13-41
67-5-22.7
76-10-3114
72-10-901
73-2-27
73-29-102
76-1-301
76-2-304.5
76-2-306
76-3-203.1
76-3-203.3
76-3-203.5
76-3-203.12
76-3-209
76-3-402
76-3-407
76-4-102
76-4-202
76-4-203
76-5-102.8
76-5-104
76-5-106.5
76-5-107
76-5-107.1
76-5-107.3
76-5-109.3
76-10-2202
76-5-202
76-5-203
76-5-302
76-5-415
76-4-401
76-9-702.1
76-9-702
76-9-702.5
76-5-801
76-9-704
76-5-803
76-5b-101
76-5b-201
76-5b-203
76-5b-205
76-10-1204.5
76-10-1201
76-10-1203
76-10-1210
76-10-1209
76-10-1207
76-10-1213
76-10-1212
76-10-1215
76-10-1208
76-10-1207.5
76-10-1211
76-5c-201
76-10-1204
76-5c-203
76-10-1205
76-10-1206
76-5c-206
76-10-1228
76-10-1235
76-10-1236
76-10-1237
76-10-1238
76-5c-212
76-5c-213
76-10-1214
76-10-1216
76-10-1217
76-10-1219
76-10-1220
76-10-1222
76-10-1223
76-5c-307
76-10-1230
76-10-1231
76-10-1233
76-10-1301
76-10-1307
76-10-1311
76-10-1312
76-10-1314
76-10-1315
76-5d-201
76-10-1302
76-10-1303
76-5d-204
76-5d-205
76-10-1304
76-10-1305
76-10-1306
76-10-1313
76-5d-210
76-10-1309
76-6-105
76-6-206
76-10-2002
76-6-414
76-10-1801
76-6-703.3
76-6-703.7
76-6-705
76-6-1202
76-7-101
76-8-107
76-8-311.1
76-8-311.2
76-8-311.3
76-8-311.4
76-8-311.7
76-8-411
76-9-101
76-9-102
76-9-103
76-9-104
76-9-105
76-9-202
76-9-105.6
76-9-106
76-9-107
76-9-108
76-9-109
76-9-701
76-9-702.3
76-9-705
76-10-2402
76-9-114
76-9-406
76-9-505
76-9-601
76-9-706
76-9-801
76-9-802
76-9-803
76-9-803.5
76-9-803.6
76-9-804
76-9-904
76-9-901
76-9-902
76-9-906
76-9-907
76-9-1001
76-10-101
76-10-102
76-10-103
76-10-104
76-10-104.1
76-10-105
76-10-105.1
76-9-1108
76-10-105.3
76-10-107
76-10-107.5
76-10-111
76-10-112
76-10-113
76-9-1115
76-10-114
76-10-115
76-9-1118
76-10-116
76-9-1201
76-10-201
76-10-202
76-10-203
76-10-204
76-10-2601
76-10-801
76-9-1302
76-10-802
76-10-805
76-10-804
76-10-806
76-10-808
76-10-807
76-10-1101
76-10-1102
76-9-1403
76-9-1404
76-10-1104
76-10-1103
76-10-1105
76-10-1110
76-10-1104.5
76-10-1109
76-10-1112
76-10-1113
76-10-1503
76-10-1504
76-9-1503
76-10-1505
76-10-1506
76-10-1507
76-9-1507
76-10-1508
76-10-1509
76-10-1510
76-10-1902
76-10-1903
76-9-1603
76-10-1906
76-9-1701
76-10-2501
76-9-1703
76-9-1704
76-9-1801
76-10-2701
76-9-1803
76-9-1804
76-9-1805
76-9-1806
76-10-2101
76-9-1901
76-10-2801
76-9-1903
76-9-2001
76-10-2201
76-9-2003
76-10-404
76-10-405
76-10-500
76-10-512
76-10-521
76-10-604
76-10-803
76-10-1008
76-10-1009
76-10-1010
76-10-1101.5
76-10-1106
76-10-1108
76-10-1218
76-10-1221
76-10-1224
76-10-1225
76-10-1226
76-10-1227
76-10-1229.5
76-10-1234
76-10-1308
76-10-1310
76-10-1501
76-10-1502
76-10-1511
76-10-1601
76-10-1603.5
76-10-1901
76-10-1904
76-10-1907
76-10-2001
76-10-2401
76-10-2702
76-10-3003
76-10-3004
76-10-3101
76-10-3113
76-10-3118
76-10-501
76-10-502
76-11-201
76-10-504
76-10-505
76-10-505.5
76-10-506
76-10-507
76-10-508
76-10-508.1
76-10-509.4
76-10-509.5
76-10-509.6
76-10-509.7
76-10-509.9
76-10-528
76-10-529
76-10-530
76-11-301
76-10-503
76-10-503.1
76-10-532
76-12-101
76-12-201
76-9-201
76-12-203
76-12-204
76-6-703.1
76-9-203
76-10-1802
76-9-401
76-9-402
76-9-403
76-9-407
76-9-408
76-12-306
76-9-702.7
76-12-308
76-9-702.8
76-10-601
76-10-602
76-10-603
76-13-101
76-9-305
76-9-301.6
76-9-301.7
76-13-201
76-9-301
76-13-203
76-13-204
76-9-301.1
76-13-206
76-9-301.3
76-9-301.5
76-9-306
76-13-210
76-9-307
76-9-304
76-9-301.8
76-9-308
76-9-301.9
76-14-101
76-9-1002
76-9-1003
76-9-1004
76-9-1005
76-9-1006
76-9-1007
76-9-1008
76-9-1009
76-10-2901
76-15-101
76-15-201
76-10-308
76-10-302
76-10-303
76-10-304
76-10-305
76-15-207
76-15-208
76-10-307
76-10-306
76-15-211
76-10-401
76-10-402
76-10-403
76-16-101
76-10-701
76-10-709
76-10-710
76-10-711
76-10-702
76-10-703
76-10-704
76-10-705
76-10-706
76-16-210
76-16-211
76-16-212
76-16-213
76-16-214
76-10-707
76-10-708
76-10-1001
76-10-1002
76-10-1003
76-10-1004
76-10-1005
76-10-1006
76-10-1007
76-16-401
76-10-3002
76-10-3001
76-10-3005
76-10-3103
76-10-3102
76-10-3117
76-10-3105
76-10-3106
76-10-3107
76-10-3116
76-10-3115
76-10-3108
76-10-3104
76-10-3109
76-10-3112
76-17-101
76-17-201
76-10-3201
76-6a-101
76-6a-104
76-6a-102
76-6a-103
76-10-1602
76-10-1604
76-10-1605
76-10-1607
76-10-1609
76-10-1608
76-10-1603
77-2-9
77-7a-104
77-11a-402
77-11b-102
77-11d-101
77-11d-105
77-20-203
77-20-204
77-22-2.5
77-23a-8
77-36-1
77-36-2.1
77-37-2
77-38-3
77-38-601
77-39-101
77-40a-101
77-40a-205
77-40a-403
77-41-102
77-41-106
77-41-112
77-41-113
77-42-105
78A-2-203
78A-5a-103
78B-4-511
78B-5-505
78B-6-111
78B-6-1101
78B-6-1103
78B-6-1107
78B-6-1701
78B-6-2102
78B-6-2105
78B-6-2301
78B-7-502
78B-7-801
78B-8-503
78B-9-104
80-1-102
80-2-301
80-4-302
80-6-103
80-6-104
80-6-302
80-6-303.5
80-6-304
80-6-305
80-6-503
80-6-605
80-6-608
80-6-707
80-6-712
80-6-804
80-6-1002
80-6-1004.1
80-6-1004.5
81-9-202
81-9-204
81-9-208
0
Criminal Code Recodification and Cross References
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Matthew H. Gwynn
Senate Sponsor: Keith Grover
LONG TITLE
General Description:
This bill modifies criminal provisions in Title 76, Utah Criminal Code, by redrafting 
offense statutes into a new structure, reorganizing criminal statutes into a new format, and 
clarifying existing law.
Highlighted Provisions:
This bill:
reorders language into a standardized format and clarifies existing law, including the 
offenses in Title 76, Chapter 9, Offenses Against Public Order and Decency, and 
Chapter 10, Offenses Against Public Health, Safety, Welfare, and Morals;
reorganizes Title 76, Chapters 9 and 10 into a new organization to better align with the 
contents of the statutes;
reorganizes offenses to enact an embedded offense as a stand-alone statute or statutes, 
including offenses concerning:
emergency reporting, interference, and false reports;
prohibited use of a party line or public pay telephone;
commercial obstruction;
electronic communication harassment and disclosure of personal information;
cruelty to animals, dog fighting, and police service canines, including aligning 
exemptions and defenses based on the elements of each offense;
voyeurism;
abuse or desecration of a dead human body;
criminal street gang activities;
tobacco sales and related offenses;
gambling and related offenses;
bus hijacking and related offenses;
money laundering and related offenses;
the use of a laser pointer;
unlawful littering and related offenses;
unlawful possession, use, or control of a vehicle with a contraband compartment;
unlawful tattooing or piercing of a minor;
labeling of explosives and related offenses;
weapons offenses and related statutes;
corporate fraud and related offenses, including unlawful acts by a director, officer, or 
agent;
nuisances;
pornography and related offenses, including placing the definition of pornography in 
the relevant definition section;
prostitution, sexual solicitation, and related offenses; and
kickbacks and related offenses;
for clarity, places contents of Title 76, Chapter 9, Part 5, Libel, into Title 45, Chapter 2, 
Libel;
for clarity, places certain contents of Title 76, Chapter 10, Part 5, Weapons, into Title 53, 
Public Safety Code;
for clarity, places certain law enforcement requirements concerning gang loitering from 
Title 76, Chapter 10, Part 9, Prohibition of Gang Activity, into Title 53, Chapter 25, Law 
Enforcement Requirements;
for clarity, defines a minor as an individual younger than 21 years old for the offense 
concerning public intoxication;
for clarity, provides a more detailed description of an actor for purposes of offenses 
involving providing a weapon to a minor;
for clarity, technically revises language concerning vicious animal offense;
for clarity, removes definition of image in offense concerning failure to report child 
sexual abuse material by a computer technician;
adds penalty provisions to offenses concerning high explosives that had been 
inadvertently omitted;
repeals certain statutes concerning the Utah Trade Commission, which entity no longer 
exists;
for clarity, provides which prostitution-related offenses do not apply to a minor;
makes technical corrections to certain statutes resulting from inadvertent omissions in the 
2024 criminal code recodification, including:
reinserting a provision guaranteeing Native American rights in the statute concerning 
establishment of a prohibited item policy in a correctional or mental health facility;
reinserting the penalty to the offense of alteration of proposed legislative bill or 
resolution; and
providing clarifying language regarding the identity of the actor in the offense 
concerning trafficking in warrants; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
4-2-903
, as enacted by Laws of Utah 2024, Chapter 82
4-25-303
, as renumbered and amended by Laws of Utah 2017, Chapter 345
4-41a-102
, as last amended by Laws of Utah 2024, Chapters 217, 238 and 240
4-44-202
, as enacted by Laws of Utah 2019, Chapter 81
9-7-215
, as last amended by Laws of Utah 2023, Chapters 160, 231 and last amended by 
Coordination Clause, Laws of Utah 2023, Chapter 160
9-8a-304
, as renumbered and amended by Laws of Utah 2023, Chapter 160
9-8a-309
, as renumbered and amended by Laws of Utah 2023, Chapter 160
9-9-403
, as last amended by Laws of Utah 2023, Chapter 160
9-23-306
, as renumbered and amended by Laws of Utah 2022, Chapter 362
10-8-41.5
, as last amended by Laws of Utah 2019, Chapter 303
10-8-41.6
, as last amended by Laws of Utah 2024, Chapter 470
10-8-47
, as last amended by Laws of Utah 2020, Chapters 302, 347
10-18-103
, as last amended by Laws of Utah 2013, Chapter 187
11-46-303
, as enacted by Laws of Utah 2011, Chapter 130
13-39-202
, as last amended by Laws of Utah 2019, Chapter 356
13-40-102
, as repealed and reenacted by Laws of Utah 2010, Chapter 200
13-44-301
, as last amended by Laws of Utah 2024, Chapter 158
13-45-401
, as last amended by Laws of Utah 2024, Chapter 158
13-74-101
, as enacted by Laws of Utah 2024, Chapter 203
16-6a-1414
, as last amended by Laws of Utah 2024, Chapter 331
17-41-403
, as last amended by Laws of Utah 2019, Chapters 81, 227
17-50-333
, as last amended by Laws of Utah 2024, Chapter 470
19-2-114
, as last amended by Laws of Utah 2024, Chapter 92
19-6-429
, as enacted by Laws of Utah 1997, Chapter 172
23A-4-1106
, as last amended by Laws of Utah 2023, Chapter 345 and renumbered and 
amended by Laws of Utah 2023, Chapter 103
23A-13-303
, as renumbered and amended by Laws of Utah 2023, Chapter 103
26B-2-120
, as last amended by Laws of Utah 2024, Chapter 234
26B-4-501
, as last amended by Laws of Utah 2024, Chapter 257
26B-7-205
, as renumbered and amended by Laws of Utah 2023, Chapter 308
26B-7-501
, as renumbered and amended by Laws of Utah 2023, Chapter 308
26B-7-505
, as last amended by Laws of Utah 2024, Chapter 470
26B-7-508
, as renumbered and amended by Laws of Utah 2023, Chapter 308
26B-7-511
, as renumbered and amended by Laws of Utah 2023, Chapter 308
26B-7-514
, as renumbered and amended by Laws of Utah 2023, Chapter 308
26B-7-516
, as renumbered and amended by Laws of Utah 2023, Chapter 308
26B-7-517
, as renumbered and amended by Laws of Utah 2023, Chapter 308
26B-7-521
, as renumbered and amended by Laws of Utah 2023, Chapter 308
26B-8-208
, as renumbered and amended by Laws of Utah 2023, Chapter 306
31A-21-501
, as last amended by Laws of Utah 2022, Chapters 185, 430
32B-3-303
, as last amended by Laws of Utah 2020, Chapter 291
32B-4-423
, as enacted by Laws of Utah 2013, Chapter 169
32B-5-301
, as last amended by Laws of Utah 2020, Chapters 219, 291
32B-7-202
, as last amended by Laws of Utah 2024, Chapter 94
32B-9-204
, as last amended by Laws of Utah 2020, Chapter 291
34-45-102
, as enacted by Laws of Utah 2009, Chapter 379
34-45-107
, as last amended by Laws of Utah 2016, Chapter 348
34-52-201
, as last amended by Laws of Utah 2023, Chapters 115, 344 and last amended 
by Coordination Clause, Laws of Utah 2023, Chapter 344
34A-5-114
, as enacted by Laws of Utah 2024, Chapter 95
41-1a-1008
, as last amended by Laws of Utah 2020, Chapter 354
41-3-413
, as enacted by Laws of Utah 1993, Chapter 163
47-3-305
, as last amended by Laws of Utah 2021, Chapter 246
51-9-203
, as last amended by Laws of Utah 2023, Chapter 328
51-9-801
, as last amended by Laws of Utah 2023, Chapter 319
53-2a-214
, as renumbered and amended by Laws of Utah 2013, Chapter 295
53-3-219
, as last amended by Laws of Utah 2022, Chapter 259
53-3-220
, as last amended by Laws of Utah 2024, Chapter 319
53-3-229
, as last amended by Laws of Utah 2020, Chapters 302, 347
53-3-810
, as last amended by Laws of Utah 2020, Chapters 302, 347
53-5-702
, as last amended by Laws of Utah 2024, Chapter 22
53-5-704
, as last amended by Laws of Utah 2024, Chapter 195
53-5-705
, as last amended by Laws of Utah 2010, Chapter 62
53-5-710
, as last amended by Laws of Utah 2021, Chapter 141
53-5-711
, as last amended by Laws of Utah 2019, Chapter 39
53-5a-102
, as last amended by Laws of Utah 2022, Chapter 428
53-5a-202
, as last amended by Laws of Utah 2024, Chapter 438
53-5c-201
, as last amended by Laws of Utah 2023, Chapters 138, 448
53-5c-301
, as last amended by Laws of Utah 2024, Chapter 204
53-5c-302
, as last amended by Laws of Utah 2024, Chapter 204
53-5d-102
, as enacted by Laws of Utah 2016, Chapter 155
53-10-202
, as last amended by Laws of Utah 2023, Chapter 328
53-10-208.1
, as last amended by Laws of Utah 2023, Chapters 184, 328 and 397
53-10-403
, as last amended by Laws of Utah 2024, Chapters 96, 153, 187, and 256
53-10-801
, as last amended by Laws of Utah 2022, Chapter 255 and renumbered and 
amended by Laws of Utah 2022, Chapter 430
53-10-803
, as renumbered and amended by Laws of Utah 2022, Chapter 430
53-13-116
, as enacted by Laws of Utah 2021, Chapter 164
53-22-105
, as enacted by Laws of Utah 2024, Chapter 21
53-22-107
, as enacted by Laws of Utah 2024, Chapter 117
53-25-103
, as enacted by Laws of Utah 2024, Chapter 332
53-25-202
, as renumbered and amended by Laws of Utah 2024, Chapter 111
53-25-501
, as enacted by Laws of Utah 2024, Chapter 111
53B-16-601
, as enacted by Laws of Utah 2024, Chapter 49
53G-1-103
, as last amended by Laws of Utah 2020, Chapter 161 and last amended by 
Coordination Clause, Laws of Utah 2020, Chapter 161
53G-4-402
, as last amended by Laws of Utah 2024, Chapters 67, 476
53G-6-204
, as last amended by Laws of Utah 2024, Chapters 113, 386
53G-8-201
, as last amended by Laws of Utah 2024, Chapter 75
53G-8-205
, as last amended by Laws of Utah 2024, Chapter 75
53G-8-209
, as last amended by Laws of Utah 2020, Chapters 161, 302 and 347
53G-8-211
, as last amended by Laws of Utah 2024, Chapters 240, 301
53G-8-701.8
, as enacted by Laws of Utah 2024, Chapter 21
53G-10-103
, as last amended by Laws of Utah 2024, Chapter 318
57-22-5.1
, as last amended by Laws of Utah 2023, Chapter 166
58-37-8
, as last amended by Laws of Utah 2024, Chapter 105
58-63-307
, as last amended by Laws of Utah 2008, Chapter 246
59-14-102
, as last amended by Laws of Utah 2022, Chapter 199
59-14-507
, as renumbered and amended by Laws of Utah 1987, Chapter 2
59-14-807
, as last amended by Laws of Utah 2024, Chapter 470
59-14-810
, as enacted by Laws of Utah 2024, Chapter 470
59-27-105
, as last amended by Laws of Utah 2013, Chapter 400
63G-6a-2505
, as enacted by Laws of Utah 2024, Chapter 291
63G-7-301
, as last amended by Laws of Utah 2024, Chapter 234
63G-12-102
, as last amended by Laws of Utah 2023, Chapter 16
63G-12-106
, as enacted by Laws of Utah 2011, Chapter 18
63G-31-302
, as enacted by Laws of Utah 2024, Chapter 2
63G-31-304
, as enacted by Laws of Utah 2024, Chapter 2
63I-1-276
, as last amended by Laws of Utah 2024, Third Special Session, Chapter 5
63I-2-276
, as last amended by Laws of Utah 2024, Third Special Session, Chapter 5
63M-7-502
, as last amended by Laws of Utah 2024, Chapter 506
64-13-41
, as last amended by Laws of Utah 2008, Chapter 382
67-5-22.7
, as last amended by Laws of Utah 2011, Chapter 18
72-10-901
, as renumbered and amended by Laws of Utah 2023, Chapter 216
73-2-27
, as last amended by Laws of Utah 2023, Chapters 111, 179
73-29-102
, as last amended by Laws of Utah 2023, Chapter 34
76-1-301
, as last amended by Laws of Utah 2024, Chapter 96
76-2-304.5
, as last amended by Laws of Utah 2024, Chapter 140
76-2-306
, as last amended by Laws of Utah 2017, Chapter 322
76-3-203.1
, as last amended by Laws of Utah 2024, Chapter 96
76-3-203.3
, as last amended by Laws of Utah 2024, Chapters 96, 381
76-3-203.5
, as last amended by Laws of Utah 2024, Chapters 96, 179
76-3-203.12
, as enacted by Laws of Utah 2017, Chapter 449
76-3-209
, as last amended by Laws of Utah 2023, Chapters 123, 214
76-3-402
, as last amended by Laws of Utah 2024, Chapter 234
76-3-407
, as last amended by Laws of Utah 2023, Chapter 457
76-4-102
, as last amended by Laws of Utah 2013, Chapter 93
76-4-202
, as last amended by Laws of Utah 1996, Chapter 40
76-4-203
, as last amended by Laws of Utah 2024, Chapter 301
76-5-102.8
, as last amended by Laws of Utah 2022, Chapter 181
76-5-104
, as last amended by Laws of Utah 2022, Chapter 181
76-5-106.5
, as last amended by Laws of Utah 2024, Chapter 179
76-5-107
, as last amended by Laws of Utah 2024, Chapter 126
76-5-107.1
, as last amended by Laws of Utah 2024, Chapter 27
76-5-107.3
, as last amended by Laws of Utah 2022, Chapter 181
76-5-109.3
, as last amended by Laws of Utah 2024, Chapter 225
76-5-202
, as last amended by Laws of Utah 2022, Chapter 181
76-5-203
, as last amended by Laws of Utah 2024, Chapters 96, 187
76-5-302
, as last amended by Laws of Utah 2022, Chapter 181
76-5-415
, as last amended by Laws of Utah 2018, Chapter 415
76-5b-201
, as last amended by Laws of Utah 2024, Chapter 142
76-5b-203
, as last amended by Laws of Utah 2024, Chapter 127
76-5b-205
, as last amended by Laws of Utah 2024, Chapters 127, 146
76-6-105
, as last amended by Laws of Utah 2023, Chapter 111
76-6-206
, as last amended by Laws of Utah 2024, Chapter 2
76-6-414
, as enacted by Laws of Utah 2024, Chapter 230
76-6-703.3
, as enacted by Laws of Utah 2023, Chapter 111
76-6-703.7
, as enacted by Laws of Utah 2023, Chapter 111
76-6-705
, as last amended by Laws of Utah 2023, Chapter 111
76-6-1202
, as enacted by Laws of Utah 2008, Chapter 370
76-7-101
, as last amended by Laws of Utah 2022, Chapter 181
76-8-107
, as last amended by Laws of Utah 2024, Chapter 96
76-8-311.1
, as last amended by Laws of Utah 2024, Chapter 96
76-8-311.2
, as enacted by Laws of Utah 2024, Chapter 96
76-8-311.3
, as last amended by Laws of Utah 2024, Chapters 96, 99
76-8-311.4
, as enacted by Laws of Utah 2024, Chapter 96
76-8-311.7
, as enacted by Laws of Utah 2024, Chapter 96
76-8-411
, as last amended by Laws of Utah 2024, Chapter 96
76-9-101
, as last amended by Laws of Utah 2022, Chapter 181
76-9-102
, as last amended by Laws of Utah 2020, Chapter 394
76-9-103
, as enacted by Laws of Utah 1973, Chapter 196
76-9-104
, as enacted by Laws of Utah 1973, Chapter 196
76-9-105
, as last amended by Laws of Utah 2017, Chapter 462
76-9-106
, as enacted by Laws of Utah 1992, Chapter 163
76-9-107
, as enacted by Laws of Utah 2003, Chapter 186
76-9-108
, as enacted by Laws of Utah 2007, Chapter 46
76-9-109
, as enacted by Laws of Utah 2021, Chapter 174
76-9-601
, as enacted by Laws of Utah 1973, Chapter 196
76-9-802
, as last amended by Laws of Utah 2024, Chapter 96
76-9-803
, as enacted by Laws of Utah 2008, Chapter 15
76-9-804
, as last amended by Laws of Utah 2022, Chapter 181
77-2-9
, as last amended by Laws of Utah 2021, Chapter 262
77-7a-104
, as last amended by Laws of Utah 2020, Chapter 404
77-11a-402
, as last amended by Laws of Utah 2024, Chapter 332
77-11b-102
, as last amended by Laws of Utah 2023, Chapters 415, 422 and renumbered 
and amended by Laws of Utah 2023, Chapter 448
77-11d-101
, as last amended by Laws of Utah 2024, Chapter 332
77-11d-105
, as last amended by Laws of Utah 2024, Chapters 332, 517
77-20-203
, as last amended by Laws of Utah 2024, Chapter 16
77-20-204
, as last amended by Laws of Utah 2024, Chapter 16
77-22-2.5
, as last amended by Laws of Utah 2022, Chapter 185
77-23a-8
, as last amended by Laws of Utah 2024, Chapters 96, 301
77-36-1
, as last amended by Laws of Utah 2024, Chapter 366
77-36-2.1
, as last amended by Laws of Utah 2024, Chapter 434
77-37-2
, as last amended by Laws of Utah 2024, Chapter 164
77-38-3
, as last amended by Laws of Utah 2024, Chapter 240
77-38-601
, as last amended by Laws of Utah 2023, Chapters 16, 237
77-39-101
, as last amended by Laws of Utah 2024, Chapter 35
77-40a-101
, as last amended by Laws of Utah 2024, Chapter 180
77-40a-205
, as enacted by Laws of Utah 2024, Chapter 180
77-40a-403
, as last amended by Laws of Utah 2024, Chapter 180
77-41-102
, as last amended by Laws of Utah 2024, Chapter 234
77-41-106
, as last amended by Laws of Utah 2024, Chapter 234
77-41-112
, as last amended by Laws of Utah 2024, Chapters 116, 234
77-41-113
, as last amended by Laws of Utah 2024, Chapter 234
77-42-105
, as last amended by Laws of Utah 2023, Chapter 111
78A-2-203
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78A-5a-103
, as last amended by Laws of Utah 2024, Chapters 158, 366
78B-4-511
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78B-5-505
, as last amended by Laws of Utah 2021, Chapter 260
78B-6-111
, as last amended by Laws of Utah 2015, Chapter 194
78B-6-1101
, as last amended by Laws of Utah 2021, Chapter 207
78B-6-1103
, as last amended by Laws of Utah 2011, Chapter 185
78B-6-1107
, as last amended by Laws of Utah 2021, Chapter 207
78B-6-1701
, as enacted by Laws of Utah 2010, Chapter 143
78B-6-2102
, as last amended by Laws of Utah 2024, Chapter 168
78B-6-2105
, as last amended by Laws of Utah 2024, Chapter 168
78B-6-2301
, as last amended by Laws of Utah 2024, Chapter 438
78B-7-502
, as last amended by Laws of Utah 2022, Chapter 430
78B-7-801
, as last amended by Laws of Utah 2023, Chapter 114
78B-8-503
, as last amended by Laws of Utah 2013, Chapter 187
78B-9-104
, as last amended by Laws of Utah 2023, Chapters 111, 448
80-1-102
, as last amended by Laws of Utah 2024, Chapter 256
80-2-301
, as last amended by Laws of Utah 2024, Chapters 240, 307
80-4-302
, as last amended by Laws of Utah 2023, Chapter 330
80-6-103
, as last amended by Laws of Utah 2024, Chapter 532
80-6-104
, as last amended by Laws of Utah 2024, Chapter 20
80-6-302
, as last amended by Laws of Utah 2023, Chapter 161
80-6-303.5
, as last amended by Laws of Utah 2024, Chapter 301
80-6-304
, as last amended by Laws of Utah 2023, Chapter 161
80-6-305
, as last amended by Laws of Utah 2023, Chapter 161
80-6-503
, as renumbered and amended by Laws of Utah 2021, Chapter 261
80-6-605
, as renumbered and amended by Laws of Utah 2021, Chapter 261
80-6-608
, as last amended by Laws of Utah 2024, Chapter 256
80-6-707
, as last amended by Laws of Utah 2022, Chapters 116, 334
80-6-712
, as last amended by Laws of Utah 2024, Chapter 153
80-6-804
, as last amended by Laws of Utah 2024, Chapter 153
80-6-1002
, as last amended by Laws of Utah 2023, Chapter 115
80-6-1004.1
, as enacted by Laws of Utah 2023, Chapter 115
80-6-1004.5
, as last amended by Laws of Utah 2024, Chapter 301
81-9-202
, as renumbered and amended by Laws of Utah 2024, Chapter 366
81-9-204
, as renumbered and amended by Laws of Utah 2024, Chapter 366
81-9-208
, as renumbered and amended by Laws of Utah 2024, Chapter 366
ENACTS:
53-5a-102.1
, Utah Code Annotated 1953
53-5a-301
, Utah Code Annotated 1953
53-25-601
, Utah Code Annotated 1953
59-14-501.5
, Utah Code Annotated 1953
76-5-801
, Utah Code Annotated 1953
76-5-803
, Utah Code Annotated 1953
76-5c-201
, Utah Code Annotated 1953
76-5c-203
, Utah Code Annotated 1953
76-5c-206
, Utah Code Annotated 1953
76-5c-212
, Utah Code Annotated 1953
76-5c-213
, Utah Code Annotated 1953
76-5c-307
, Utah Code Annotated 1953
76-5d-201
, Utah Code Annotated 1953
76-5d-204
, Utah Code Annotated 1953
76-5d-205
, Utah Code Annotated 1953
76-5d-210
, Utah Code Annotated 1953
76-9-105.6
, Utah Code Annotated 1953
76-9-114
, Utah Code Annotated 1953
76-9-803.5
, Utah Code Annotated 1953
76-9-803.6
, Utah Code Annotated 1953
76-9-1108
, Utah Code Annotated 1953
76-9-1115
, Utah Code Annotated 1953
76-9-1118
, Utah Code Annotated 1953
76-9-1201
, Utah Code Annotated 1953
76-9-1302
, Utah Code Annotated 1953
76-9-1403
, Utah Code Annotated 1953
76-9-1404
, Utah Code Annotated 1953
76-9-1503
, Utah Code Annotated 1953
76-9-1507
, Utah Code Annotated 1953
76-9-1603
, Utah Code Annotated 1953
76-9-1701
, Utah Code Annotated 1953
76-9-1703
, Utah Code Annotated 1953
76-9-1704
, Utah Code Annotated 1953
76-9-1801
, Utah Code Annotated 1953
76-9-1803
, Utah Code Annotated 1953
76-9-1804
, Utah Code Annotated 1953
76-9-1805
, Utah Code Annotated 1953
76-9-1806
, Utah Code Annotated 1953
76-9-1901
, Utah Code Annotated 1953
76-9-1903
, Utah Code Annotated 1953
76-9-2001
, Utah Code Annotated 1953
76-9-2003
, Utah Code Annotated 1953
76-11-201
, Utah Code Annotated 1953
76-11-301
, Utah Code Annotated 1953
76-12-101
, Utah Code Annotated 1953
76-12-201
, Utah Code Annotated 1953
76-12-203
, Utah Code Annotated 1953
76-12-204
, Utah Code Annotated 1953
76-12-306
, Utah Code Annotated 1953
76-12-308
, Utah Code Annotated 1953
76-13-101
, Utah Code Annotated 1953
76-13-201
, Utah Code Annotated 1953
76-13-203
, Utah Code Annotated 1953
76-13-204
, Utah Code Annotated 1953
76-13-206
, Utah Code Annotated 1953
76-13-210
, Utah Code Annotated 1953
76-14-101
, Utah Code Annotated 1953
76-15-101
, Utah Code Annotated 1953
76-15-201
, Utah Code Annotated 1953
76-15-207
, Utah Code Annotated 1953
76-15-208
, Utah Code Annotated 1953
76-15-211
, Utah Code Annotated 1953
76-16-101
, Utah Code Annotated 1953
76-16-210
, Utah Code Annotated 1953
76-16-211
, Utah Code Annotated 1953
76-16-212
, Utah Code Annotated 1953
76-16-213
, Utah Code Annotated 1953
76-16-214
, Utah Code Annotated 1953
76-16-401
, Utah Code Annotated 1953
76-17-101
, Utah Code Annotated 1953
76-17-201
, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
11-48-104
, (Renumbered from 76-9-905, as enacted by Laws of Utah 2009, Chapter 86)
45-2-11
, (Renumbered from 76-9-504, as enacted by Laws of Utah 1973, Chapter 
196)
45-2-12
, (Renumbered from 76-9-506, as enacted by Laws of Utah 1973, Chapter 
196)
45-2-13
, (Renumbered from 76-9-509, as enacted by Laws of Utah 1973, Chapter 
196)
53-5a-102.3
, (Renumbered from 76-10-511, as last amended by Laws of Utah 2009, 
Chapter 362)
53-5a-105
, (Renumbered from 76-10-520, as last amended by Laws of Utah 1993, 
Chapter 234)
53-5a-106
, (Renumbered from 76-10-522, as last amended by Laws of Utah 1993, 
Chapter 234)
53-5a-107
, (Renumbered from 76-10-523.5, as last amended by Laws of Utah 2008, 
Chapter 3)
53-5a-108
, (Renumbered from 76-10-523, as last amended by Laws of Utah 2021, 
Chapter 12)
53-5a-302
, (Renumbered from 76-10-526, as last amended by Laws of Utah 2023, 
Chapters 330, 397)
53-5a-303
, (Renumbered from 76-10-526.1, as enacted by Laws of Utah 2023, 
Chapter 398)
53-5a-304
, (Renumbered from 76-10-527, as last amended by Laws of Utah 2009, 
Chapter 20)
53-5a-305
, (Renumbered from 76-10-524, as last amended by Laws of Utah 2004, 
Chapter 360)
53-25-602
, (Renumbered from 76-9-903, as enacted by Laws of Utah 2009, Chapter 86)
58-37-8.1
, (Renumbered from 76-10-2204, as last amended by Laws of Utah 2023, 
Chapter 330)
58-37-8.2
, (Renumbered from 76-10-2203, as enacted by Laws of Utah 2019, 
Chapter 97)
67-5-40
, (Renumbered from 76-10-3114, as last amended by Laws of Utah 2019, 
Chapter 348)
76-5-115
, (Renumbered from 76-10-2202, as enacted by Laws of Utah 2011, 
Chapter 204)
76-5-417
, (Renumbered from 76-4-401, as last amended by Laws of Utah 2023, 
Chapter 457)
76-5-418
, (Renumbered from 76-9-702.1, as last amended by Laws of Utah 2024, 
Chapter 234)
76-5-419
, (Renumbered from 76-9-702, as last amended by Laws of Utah 2024, 
Chapter 234)
76-5-420
, (Renumbered from 76-9-702.5, as last amended by Laws of Utah 2024, 
Chapter 205)
76-5-802
, (Renumbered from 76-9-704, as last amended by Laws of Utah 2023, 
Chapters 160, 330)
76-5b-206
, (Renumbered from 76-10-1204.5, as last amended by Laws of Utah 
2023, Chapter 231)
76-5c-101
, (Renumbered from 76-10-1201, as last amended by Laws of Utah 2013, 
Chapter 278)
76-5c-102
, (Renumbered from 76-10-1203, as last amended by Laws of Utah 1977, 
Chapter 92)
76-5c-103
, (Renumbered from 76-10-1210, as last amended by Laws of Utah 2007, 
Chapter 123)
76-5c-104
, (Renumbered from 76-10-1209, as last amended by Laws of Utah 2010, 
Chapter 43)
76-5c-105
, (Renumbered from 76-10-1207, as enacted by Laws of Utah 1977, 
Chapter 92)
76-5c-106
, (Renumbered from 76-10-1213, as last amended by Laws of Utah 2000, 
Chapter 53)
76-5c-107
, (Renumbered from 76-10-1212, as last amended by Laws of Utah 2000, 
Chapter 53)
76-5c-108
, (Renumbered from 76-10-1215, as last amended by Laws of Utah 1993, 
Chapter 38)
76-5c-109
, (Renumbered from 76-10-1208, as last amended by Laws of Utah 2007, 
Chapter 123)
76-5c-110
, (Renumbered from 76-10-1207.5, as enacted by Laws of Utah 1990, 
Chapter 138)
76-5c-111
, (Renumbered from 76-10-1211, as last amended by Laws of Utah 1995, 
Chapter 20)
76-5c-202
, (Renumbered from 76-10-1204, as last amended by Laws of Utah 2021, 
Chapter 260)
76-5c-204
, (Renumbered from 76-10-1205, as last amended by Laws of Utah 2021, 
Chapter 260)
76-5c-205
, (Renumbered from 76-10-1206, as last amended by Laws of Utah 2021, 
Chapter 260)
76-5c-207
, (Renumbered from 76-10-1228, as last amended by Laws of Utah 2021, 
Chapter 260)
76-5c-208
, (Renumbered from 76-10-1235, as enacted by Laws of Utah 2007, 
Chapter 79)
76-5c-209
, (Renumbered from 76-10-1236, as enacted by Laws of Utah 2023, 
Chapter 118)
76-5c-210
, (Renumbered from 76-10-1237, as enacted by Laws of Utah 2023, 
Chapter 118)
76-5c-211
, (Renumbered from 76-10-1238, as enacted by Laws of Utah 2024, 
Chapter 166)
76-5c-214
, (Renumbered from 76-10-1214, as last amended by Laws of Utah 2021, 
Chapter 260)
76-5c-301
, (Renumbered from 76-10-1216, as enacted by Laws of Utah 1977, 
Chapter 92)
76-5c-302
, (Renumbered from 76-10-1217, as enacted by Laws of Utah 1977, 
Chapter 93)
76-5c-303
, (Renumbered from 76-10-1219, as last amended by Laws of Utah 2010, 
Chapters 43, 324)
76-5c-304
, (Renumbered from 76-10-1220, as last amended by Laws of Utah 2010, 
Chapter 43)
76-5c-305
, (Renumbered from 76-10-1222, as enacted by Laws of Utah 1977, 
Chapter 93)
76-5c-306
, (Renumbered from 76-10-1223, as enacted by Laws of Utah 1977, 
Chapter 93)
76-5c-401
, (Renumbered from 76-10-1230, as last amended by Laws of Utah 2018, 
Chapter 164)
76-5c-402
, (Renumbered from 76-10-1231, as last amended by Laws of Utah 2019, 
Chapter 180)
76-5c-403
, (Renumbered from 76-10-1233, as last amended by Laws of Utah 2008, 
Chapter 297)
76-5d-101
, (Renumbered from 76-10-1301, as last amended by Laws of Utah 2022, 
Chapter 124)
76-5d-102
, (Renumbered from 76-10-1307, as enacted by Laws of Utah 1991, 
Chapter 107)
76-5d-103
, (Renumbered from 76-10-1311, as last amended by Laws of Utah 2023, 
Chapters 184, 330)
76-5d-104
, (Renumbered from 76-10-1312, as last amended by Laws of Utah 2023, 
Chapter 330)
76-5d-105
, (Renumbered from 76-10-1314, as enacted by Laws of Utah 1993, 
Chapter 179)
76-5d-106
, (Renumbered from 76-10-1315, as last amended by Laws of Utah 2022, 
Chapters 124, 181 and 335)
76-5d-202
, (Renumbered from 76-10-1302, as last amended by Laws of Utah 2023, 
Chapter 111)
76-5d-203
, (Renumbered from 76-10-1303, as last amended by Laws of Utah 2024, 
Chapter 140)
76-5d-206
, (Renumbered from 76-10-1304, as last amended by Laws of Utah 2018, 
Chapter 308)
76-5d-207
, (Renumbered from 76-10-1305, as last amended by Laws of Utah 2018, 
Chapter 308)
76-5d-208
, (Renumbered from 76-10-1306, as last amended by Laws of Utah 2022, 
Chapter 181)
76-5d-209
, (Renumbered from 76-10-1313, as last amended by Laws of Utah 2022, 
Chapters 124, 181 and last amended by Coordination Clause, Laws of Utah 2022, Chapter 124)
76-5d-211
, (Renumbered from 76-10-1309, as last amended by Laws of Utah 2011, 
Chapter 70)
76-6-207
, (Renumbered from 76-10-2002, as enacted by Laws of Utah 1989, 
Chapter 179)
76-6-525
, (Renumbered from 76-10-1801, as last amended by Laws of Utah 2010, 
Chapter 193)
76-9-105.5
, (Renumbered from 76-9-202, as last amended by Laws of Utah 2024, 
Chapter 27)
76-9-110
, (Renumbered from 76-9-701, as last amended by Laws of Utah 2021, 
Chapter 262)
76-9-111
, (Renumbered from 76-9-702.3, as last amended by Laws of Utah 2016, 
Chapter 303)
76-9-112
, (Renumbered from 76-9-705, as enacted by Laws of Utah 1997, Chapter 83)
76-9-113
, (Renumbered from 76-10-2402, as last amended by Laws of Utah 2010, 
Chapter 334)
76-9-602
, (Renumbered from 76-9-706, as last amended by Laws of Utah 2016, 
Chapter 303)
76-9-805
, (Renumbered from 76-9-904, as enacted by Laws of Utah 2009, Chapter 86)
76-9-1101
, (Renumbered from 76-10-101, as last amended by Laws of Utah 2024, 
Chapter 470)
76-9-1102
, (Renumbered from 76-10-102, as last amended by Laws of Utah 1986, 
Chapter 66)
76-9-1103
, (Renumbered from 76-10-103, as last amended by Laws of Utah 2020, 
Chapters 302, 347)
76-9-1104
, (Renumbered from 76-10-104, as last amended by Laws of Utah 2020, 
Chapters 302, 347)
76-9-1105
, (Renumbered from 76-10-104.1, as last amended by Laws of Utah 2020, 
Chapters 302, 347)
76-9-1106
, (Renumbered from 76-10-105, as last amended by Laws of Utah 2021, 
Chapter 262)
76-9-1107
, (Renumbered from 76-10-105.1, as last amended by Laws of Utah 2021, 
Chapter 348)
76-9-1109
, (Renumbered from 76-10-105.3, as enacted by Laws of Utah 1986, 
Chapter 188)
76-9-1110
, (Renumbered from 76-10-107, as last amended by Laws of Utah 2002, 
Chapter 23)
76-9-1111
, (Renumbered from 76-10-107.5, as enacted by Laws of Utah 2002, 
Chapter 23)
76-9-1112
, (Renumbered from 76-10-111, as last amended by Laws of Utah 2020, 
Chapters 302, 347)
76-9-1113
, (Renumbered from 76-10-112, as last amended by Laws of Utah 2020, 
Chapter 302)
76-9-1114
, (Renumbered from 76-10-113, as last amended by Laws of Utah 2024, 
Chapter 470)
76-9-1116
, (Renumbered from 76-10-114, as last amended by Laws of Utah 2021, 
First Special Session, Chapter 12)
76-9-1117
, (Renumbered from 76-10-115, as last amended by Laws of Utah 2021, 
First Special Session, Chapter 12)
76-9-1119
, (Renumbered from 76-10-116, as enacted by Laws of Utah 2020, Chapter 
302)
76-9-1202
, (Renumbered from 76-10-201, as last amended by Laws of Utah 2005, 
Chapter 215)
76-9-1203
, (Renumbered from 76-10-202, as last amended by Laws of Utah 2005, 
Chapter 215)
76-9-1204
, (Renumbered from 76-10-203, as last amended by Laws of Utah 2005, 
Chapter 215)
76-9-1205
, (Renumbered from 76-10-204, as last amended by Laws of Utah 2023, 
Chapters 111, 179)
76-9-1206
, (Renumbered from 76-10-2601, as enacted by Laws of Utah 2002, 
Chapter 166)
76-9-1301
, (Renumbered from 76-10-801, as enacted by Laws of Utah 1973, Chapter 
196)
76-9-1303
, (Renumbered from 76-10-802, as enacted by Laws of Utah 1973, Chapter 
196)
76-9-1304
, (Renumbered from 76-10-805, as enacted by Laws of Utah 1973, Chapter 
196)
76-9-1305
, (Renumbered from 76-10-804, as enacted by Laws of Utah 1973, Chapter 
196)
76-9-1306
, (Renumbered from 76-10-806, as last amended by Laws of Utah 1993, 
Chapter 227)
76-9-1307
, (Renumbered from 76-10-808, as last amended by Laws of Utah 2015, 
Chapter 258)
76-9-1308
, (Renumbered from 76-10-807, as enacted by Laws of Utah 2010, Chapter 
99)
76-9-1401
, (Renumbered from 76-10-1101, as last amended by Laws of Utah 2020, 
Chapter 291)
76-9-1402
, (Renumbered from 76-10-1102, as last amended by Laws of Utah 2020, 
Chapter 291)
76-9-1405
, (Renumbered from 76-10-1104, as last amended by Laws of Utah 2020, 
Chapter 291)
76-9-1406
, (Renumbered from 76-10-1103, as last amended by Laws of Utah 2019, 
Chapter 185)
76-9-1407
, (Renumbered from 76-10-1105, as last amended by Laws of Utah 2020, 
Chapter 291)
76-9-1408
, (Renumbered from 76-10-1110, as enacted by Laws of Utah 2020, 
Chapter 291)
76-9-1409
, (Renumbered from 76-10-1104.5, as enacted by Laws of Utah 2001, 
Chapter 182)
76-9-1410
, (Renumbered from 76-10-1109, as enacted by Laws of Utah 1973, 
Chapter 196)
76-9-1411
, (Renumbered from 76-10-1112, as last amended by Laws of Utah 2023, 
Chapter 448)
76-9-1412
, (Renumbered from 76-10-1113, as enacted by Laws of Utah 2020, 
Chapter 291)
76-9-1501
, (Renumbered from 76-10-1503, as last amended by Laws of Utah 2007, 
Chapter 329)
76-9-1502
, (Renumbered from 76-10-1504, as last amended by Laws of Utah 2022, 
Chapter 181)
76-9-1504
, (Renumbered from 76-10-1505, as last amended by Laws of Utah 1999, 
Chapter 97)
76-9-1505
, (Renumbered from 76-10-1506, as last amended by Laws of Utah 2010, 
Chapter 276)
76-9-1506
, (Renumbered from 76-10-1507, as last amended by Laws of Utah 2016, 
Chapter 399)
76-9-1508
, (Renumbered from 76-10-1508, as enacted by Laws of Utah 1979, 
Chapter 72)
76-9-1509
, (Renumbered from 76-10-1509, as enacted by Laws of Utah 1979, 
Chapter 72)
76-9-1510
, (Renumbered from 76-10-1510, as last amended by Laws of Utah 2007, 
Chapter 229)
76-9-1601
, (Renumbered from 76-10-1902, as last amended by Laws of Utah 2013, 
Chapter 73)
76-9-1602
, (Renumbered from 76-10-1903, as last amended by Laws of Utah 2009, 
Chapter 74)
76-9-1604
, (Renumbered from 76-10-1906, as last amended by Laws of Utah 2008, 
Chapter 268)
76-9-1702
, (Renumbered from 76-10-2501, as last amended by Laws of Utah 2024, 
Chapter 461)
76-9-1802
, (Renumbered from 76-10-2701, as enacted by Laws of Utah 2008, 
Chapter 22)
76-9-1807
, (Renumbered from 76-10-2101, as last amended by Laws of Utah 2010, 
Chapter 324)
76-9-1902
, (Renumbered from 76-10-2801, as enacted by Laws of Utah 2008, 
Chapter 298)
76-9-2002
, (Renumbered from 76-10-2201, as last amended by Laws of Utah 2013, 
Chapter 329)
76-11-101
, (Renumbered from 76-10-501, as last amended by Laws of Utah 2023, 
Chapters 161, 397 and 425)
76-11-102
, (Renumbered from 76-10-502, as last amended by Laws of Utah 1990, 
Chapter 328)
76-11-202
, (Renumbered from 76-10-504, as last amended by Laws of Utah 2023, 
Chapter 34)
76-11-203
, (Renumbered from 76-10-505, as last amended by Laws of Utah 2021, 
Chapter 12)
76-11-204
, (Renumbered from 76-10-505.5, as last amended by Laws of Utah 2024, 
Chapters 21, 117 and 301)
76-11-205
, (Renumbered from 76-10-506, as last amended by Laws of Utah 2019, 
Chapters 39, 201)
76-11-206
, (Renumbered from 76-10-507, as last amended by Laws of Utah 2015, 
Chapter 406)
76-11-207
, (Renumbered from 76-10-508, as last amended by Laws of Utah 2023, 
Chapter 34)
76-11-208
, (Renumbered from 76-10-508.1, as last amended by Laws of Utah 2023, 
Chapter 34)
76-11-209
, (Renumbered from 76-10-509.4, as last amended by Laws of Utah 2024, 
Chapter 301)
76-11-210
, (Renumbered from 76-10-509.5, as last amended by Laws of Utah 2013, 
Chapter 301)
76-11-211
, (Renumbered from 76-10-509.6, as last amended by Laws of Utah 2000, 
Chapter 303)
76-11-212
, (Renumbered from 76-10-509.7, as last amended by Laws of Utah 2024, 
Chapter 301)
76-11-213
, (Renumbered from 76-10-509.9, as enacted by Laws of Utah 1993, 
Second Special Session, Chapter 13)
76-11-214
, (Renumbered from 76-10-528, as last amended by Laws of Utah 2023, 
Chapters 330, 386)
76-11-215
, (Renumbered from 76-10-529, as last amended by Laws of Utah 2024, 
Chapter 332)
76-11-216
, (Renumbered from 76-10-530, as last amended by Laws of Utah 2009, 
Chapter 388)
76-11-302
, (Renumbered from 76-10-503, as last amended by Laws of Utah 2023, 
First Special Session, Chapter 2)
76-11-309
, (Renumbered from 76-10-503.1, as last amended by Laws of Utah 2023, 
Chapter 203)
76-11-310
, (Renumbered from 76-10-532, as last amended by Laws of Utah 2023, 
Chapter 425)
76-12-202
, (Renumbered from 76-9-201, as last amended by Laws of Utah 2024, 
Chapter 224)
76-12-205
, (Renumbered from 76-6-703.1, as enacted by Laws of Utah 2023, Chapter 
111)
76-12-206
, (Renumbered from 76-9-203, as enacted by Laws of Utah 2021, Chapter 
152)
76-12-207
, (Renumbered from 76-10-1802, as enacted by Laws of Utah 2015, 
Chapter 151)
76-12-301
, (Renumbered from 76-9-401, as enacted by Laws of Utah 1973, Chapter 
196)
76-12-302
, (Renumbered from 76-9-402, as last amended by Laws of Utah 2023, 
Chapter 510)
76-12-303
, (Renumbered from 76-9-403, as enacted by Laws of Utah 1973, Chapter 
196)
76-12-304
, (Renumbered from 76-9-407, as enacted by Laws of Utah 1999, Chapter 
146)
76-12-305
, (Renumbered from 76-9-408, as enacted by Laws of Utah 2019, Chapter 
372)
76-12-307
, (Renumbered from 76-9-702.7, as last amended by Laws of Utah 2024, 
Chapter 2)
76-12-309
, (Renumbered from 76-9-702.8, as enacted by Laws of Utah 2024, 
Chapter 2)
76-12-401
, (Renumbered from 76-10-601, as enacted by Laws of Utah 1973, Chapter 
196)
76-12-402
, (Renumbered from 76-10-602, as enacted by Laws of Utah 1973, Chapter 
196)
76-12-403
, (Renumbered from 76-10-603, as last amended by Laws of Utah 1995, 
Chapter 20)
76-13-102
, (Renumbered from 76-9-305, as last amended by Laws of Utah 1977, 
Chapter 87)
76-13-103
, (Renumbered from 76-9-301.6, as last amended by Laws of Utah 2008, 
Chapter 292)
76-13-104
, (Renumbered from 76-9-301.7, as last amended by Laws of Utah 2008, 
Chapter 292)
76-13-202
, (Renumbered from 76-9-301, as last amended by Laws of Utah 2023, 
Chapter 34)
76-13-205
, (Renumbered from 76-9-301.1, as last amended by Laws of Utah 2010, 
Chapter 324)
76-13-207
, (Renumbered from 76-9-301.3, as enacted by Laws of Utah 2015, Chapter 
329)
76-13-208
, (Renumbered from 76-9-301.5, as last amended by Laws of Utah 2008, 
Chapter 292)
76-13-209
, (Renumbered from 76-9-306, as last amended by Laws of Utah 2018, 
Chapter 264)
76-13-211
, (Renumbered from 76-9-307, as last amended by Laws of Utah 2023, 
Chapter 330)
76-13-212
, (Renumbered from 76-9-304, as last amended by Laws of Utah 1977, 
Chapter 87)
76-13-213
, (Renumbered from 76-9-301.8, as last amended by Laws of Utah 1999, 
Chapter 302)
76-13-214
, (Renumbered from 76-9-308, as last amended by Laws of Utah 2023, 
Chapter 216)
76-13-215
, (Renumbered from 76-9-301.9, as enacted by Laws of Utah 2024, Chapter 
82)
76-14-201
, (Renumbered from 76-9-1002, as enacted by Laws of Utah 2011, Chapter 
21)
76-14-202
, (Renumbered from 76-9-1003, as last amended by Laws of Utah 2022, 
Chapter 181)
76-14-203
, (Renumbered from 76-9-1004, as enacted by Laws of Utah 2011, Chapter 
21 and last amended by Coordination Clause, Laws of Utah 2011, Chapter 20)
76-14-204
, (Renumbered from 76-9-1005, as enacted by Laws of Utah 2011, Chapter 
21)
76-14-205
, (Renumbered from 76-9-1006, as enacted by Laws of Utah 2011, Chapter 
21)
76-14-206
, (Renumbered from 76-9-1007, as last amended by Laws of Utah 2018, 
Third Special Session, Chapter 2)
76-14-207
, (Renumbered from 76-9-1008, as last amended by Laws of Utah 2024, 
Chapter 96)
76-14-208
, (Renumbered from 76-9-1009, as enacted by Laws of Utah 2011, Chapter 
21)
76-14-209
, (Renumbered from 76-10-2901, as last amended by Laws of Utah 2011, 
Chapters 18, 21 and last amended by Coordination Clause, Laws of Utah 2011, Chapter 20)
76-15-202
, (Renumbered from 76-10-308, as repealed and reenacted by Laws of Utah 
1993, Chapter 75)
76-15-203
, (Renumbered from 76-10-302, as enacted by Laws of Utah 1973, Chapter 
196)
76-15-204
, (Renumbered from 76-10-303, as enacted by Laws of Utah 1973, Chapter 
196)
76-15-205
, (Renumbered from 76-10-304, as enacted by Laws of Utah 1973, Chapter 
196)
76-15-206
, (Renumbered from 76-10-305, as enacted by Laws of Utah 1973, Chapter 
196)
76-15-209
, (Renumbered from 76-10-307, as last amended by Laws of Utah 1999, 
Chapter 97)
76-15-210
, (Renumbered from 76-10-306, as last amended by Laws of Utah 2024, 
Chapter 343)
76-15-301
, (Renumbered from 76-10-401, as repealed and reenacted by Laws of Utah 
2002, Chapter 166)
76-15-302
, (Renumbered from 76-10-402, as enacted by Laws of Utah 2002, Chapter 
166)
76-15-303
, (Renumbered from 76-10-403, as enacted by Laws of Utah 2002, Chapter 
166)
76-16-201
, (Renumbered from 76-10-701, as enacted by Laws of Utah 1973, Chapter 
196)
76-16-202
, (Renumbered from 76-10-709, as last amended by Laws of Utah 1995, 
Chapter 20)
76-16-203
, (Renumbered from 76-10-710, as enacted by Laws of Utah 1973, Chapter 
196)
76-16-204
, (Renumbered from 76-10-711, as last amended by Laws of Utah 1995, 
Chapter 20)
76-16-205
, (Renumbered from 76-10-702, as enacted by Laws of Utah 1973, Chapter 
196)
76-16-206
, (Renumbered from 76-10-703, as enacted by Laws of Utah 1973, Chapter 
196)
76-16-207
, (Renumbered from 76-10-704, as enacted by Laws of Utah 1973, Chapter 
196)
76-16-208
, (Renumbered from 76-10-705, as last amended by Laws of Utah 1992, 
Third Special Session, Chapter 6)
76-16-209
, (Renumbered from 76-10-706, as enacted by Laws of Utah 1973, Chapter 
196)
76-16-215
, (Renumbered from 76-10-707, as enacted by Laws of Utah 1973, Chapter 
196)
76-16-216
, (Renumbered from 76-10-708, as enacted by Laws of Utah 1973, Chapter 
196)
76-16-301
, (Renumbered from 76-10-1001, as last amended by Laws of Utah 1984, 
Chapter 66)
76-16-302
, (Renumbered from 76-10-1002, as last amended by Laws of Utah 1984, 
Chapter 66)
76-16-303
, (Renumbered from 76-10-1003, as last amended by Laws of Utah 1984, 
Chapter 66)
76-16-304
, (Renumbered from 76-10-1004, as enacted by Laws of Utah 1973, 
Chapter 196)
76-16-305
, (Renumbered from 76-10-1005, as last amended by Laws of Utah 1995, 
Chapter 20)
76-16-306
, (Renumbered from 76-10-1006, as enacted by Laws of Utah 1973, 
Chapter 196)
76-16-307
, (Renumbered from 76-10-1007, as enacted by Laws of Utah 1973, 
Chapter 196)
76-16-402
, (Renumbered from 76-10-3002, as renumbered and amended by Laws of 
Utah 2013, Chapter 187)
76-16-403
, (Renumbered from 76-10-3001, as renumbered and amended by Laws of 
Utah 2013, Chapter 187)
76-16-404
, (Renumbered from 76-10-3005, as renumbered and amended by Laws of 
Utah 2013, Chapter 187)
76-16-501
, (Renumbered from 76-10-3103, as last amended by Laws of Utah 2015, 
Chapter 140)
76-16-502
, (Renumbered from 76-10-3102, as renumbered and amended by Laws of 
Utah 2013, Chapter 187)
76-16-503
, (Renumbered from 76-10-3117, as renumbered and amended by Laws of 
Utah 2013, Chapter 187)
76-16-504
, (Renumbered from 76-10-3105, as last amended by Laws of Utah 2024, 
Chapter 147)
76-16-505
, (Renumbered from 76-10-3106, as renumbered and amended by Laws of 
Utah 2013, Chapter 187)
76-16-506
, (Renumbered from 76-10-3107, as last amended by Laws of Utah 2015, 
Chapter 140)
76-16-507
, (Renumbered from 76-10-3116, as renumbered and amended by Laws of 
Utah 2013, Chapter 187)
76-16-508
, (Renumbered from 76-10-3115, as renumbered and amended by Laws of 
Utah 2013, Chapter 187)
76-16-509
, (Renumbered from 76-10-3108, as last amended by Laws of Utah 2019, 
Chapter 348)
76-16-510
, (Renumbered from 76-10-3104, as renumbered and amended by Laws of 
Utah 2013, Chapter 187)
76-16-511
, (Renumbered from 76-10-3109, as last amended by Laws of Utah 2019, 
Chapter 348)
76-16-512
, (Renumbered from 76-10-3112, as last amended by Laws of Utah 2013, 
Chapter 285 and renumbered and amended by Laws of Utah 2013, Chapter 187)
76-17-202
, (Renumbered from 76-10-3201, as last amended by Laws of Utah 2023, 
Chapters 515, 536)
76-17-301
, (Renumbered from 76-6a-101, as renumbered and amended by Laws of 
Utah 2023, Chapter 111)
76-17-302
, (Renumbered from 76-6a-104, as renumbered and amended by Laws of 
Utah 2023, Chapter 111)
76-17-303
, (Renumbered from 76-6a-102, as enacted by Laws of Utah 2023, Chapter 
111)
76-17-304
, (Renumbered from 76-6a-103, as enacted by Laws of Utah 2023, Chapter 
111)
76-17-401
, (Renumbered from 76-10-1602, as last amended by Laws of Utah 2024, 
Chapter 96)
76-17-402
, (Renumbered from 76-10-1604, as enacted by Laws of Utah 1981, 
Chapter 94)
76-17-403
, (Renumbered from 76-10-1605, as last amended by Laws of Utah 2024, 
Chapter 158)
76-17-404
, (Renumbered from 76-10-1607, as enacted by Laws of Utah 1981, 
Chapter 94)
76-17-405
, (Renumbered from 76-10-1609, as enacted by Laws of Utah 1987, 
Chapter 238)
76-17-406
, (Renumbered from 76-10-1608, as last amended by Laws of Utah 1987, 
Chapter 238)
76-17-407
, (Renumbered from 76-10-1603, as repealed and reenacted by Laws of 
Utah 1987, Chapter 238)
REPEALS:
76-5b-101
, as enacted by Laws of Utah 2011, Chapter 320
76-9-406
, as enacted by Laws of Utah 1973, Chapter 196
76-9-505
, as enacted by Laws of Utah 1973, Chapter 196
76-9-801
, as enacted by Laws of Utah 2008, Chapter 15
76-9-901
, as enacted by Laws of Utah 2009, Chapter 86
76-9-902
, as last amended by Laws of Utah 2024, Chapter 96
76-9-906
, as enacted by Laws of Utah 2009, Chapter 86
76-9-907
, as last amended by Laws of Utah 2018, Chapter 200
76-9-1001
, as enacted by Laws of Utah 2011, Chapter 21
76-10-404
, as enacted by Laws of Utah 2002, Chapter 166
76-10-405
, as enacted by Laws of Utah 2002, Chapter 166
76-10-500
, as last amended by Laws of Utah 2022, Chapter 428
76-10-512
, as last amended by Laws of Utah 2024, Chapter 301
76-10-521
, as last amended by Laws of Utah 1993, Chapter 234
76-10-604
, as last amended by Laws of Utah 1995, Chapter 20
76-10-803
, as last amended by Laws of Utah 2019, Chapters 81, 227
76-10-1008
, as last amended by Laws of Utah 1995, Chapter 20
76-10-1009
, as enacted by Laws of Utah 1973, Chapter 196
76-10-1010
, as enacted by Laws of Utah 1973, Chapter 196
76-10-1101.5
, as enacted by Laws of Utah 2020, Chapter 291
76-10-1106
, as last amended by Laws of Utah 1990, Chapter 118
76-10-1108
, as last amended by Laws of Utah 2023, Chapter 448
76-10-1218
, as enacted by Laws of Utah 1977, Chapter 93
76-10-1221
, as last amended by Laws of Utah 2010, Chapter 43
76-10-1224
, as enacted by Laws of Utah 1977, Chapter 93
76-10-1225
, as last amended by Laws of Utah 1993, Chapter 38
76-10-1226
, as last amended by Laws of Utah 1990, Chapter 138
76-10-1227
, as last amended by Laws of Utah 2007, Chapter 123
76-10-1229.5
, as enacted by Laws of Utah 1995, Chapter 131
76-10-1234
, as last amended by Laws of Utah 2008, Chapter 382
76-10-1308
, as enacted by Laws of Utah 1991, Chapter 107
76-10-1310
, as last amended by Laws of Utah 2011, Chapter 70
76-10-1501
, as enacted by Laws of Utah 1979, Chapter 72
76-10-1502
, as enacted by Laws of Utah 1979, Chapter 72
76-10-1511
, as enacted by Laws of Utah 1979, Chapter 72
76-10-1601
, as last amended by Laws of Utah 1987, Chapter 238
76-10-1603.5
, as last amended by Laws of Utah 2013, Chapter 394
76-10-1901
, as enacted by Laws of Utah 1989, Chapter 241
76-10-1904
, as last amended by Laws of Utah 1996, Chapter 17
76-10-1907
, as enacted by Laws of Utah 1989, Chapter 241
76-10-2001
, as enacted by Laws of Utah 1989, Chapter 179
76-10-2401
, as last amended by Laws of Utah 2002, Chapter 31
76-10-2702
, as enacted by Laws of Utah 2008, Chapter 22
76-10-3003
, as renumbered and amended by Laws of Utah 2013, Chapter 187
76-10-3004
, as renumbered and amended by Laws of Utah 2013, Chapter 187
76-10-3101
, as renumbered and amended by Laws of Utah 2013, Chapter 187
76-10-3113
, as renumbered and amended by Laws of Utah 2013, Chapter 187
76-10-3118
, as renumbered and amended by Laws of Utah 2013, Chapter 187
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
4-2-903
 is amended to read:
4-2-903
. Animal care violations.
(1)
"Animal care facility" means the same as that term is defined in Section 
76-9-301.9
76-13-215
.
(2)
The department may, in accordance with this section and as resources allow, respond to 
a complaint that an animal care facility has violated Subsection 
76-9-301
(2)(a)
76-13-202(2)(a)
 or Section 
76-9-301.9
76-13-215
.
(3)
If the department determines that a person has violated Subsection 
76-9-301
(2)(a)
76-13-202(2)(a)
 or Section 
76-9-301.9
76-13-215
, the department may:
(a)
impose a civil fine of up to $500 per violation;
(b)
seek a temporary restraining order;
(c)
seek an injunction;
(d)
seek an order of seizure or condemnation for an animal that is the subject of the 
violation, if the department has identified a suitable animal care facility that accepts 
custody of the animal; or
(e)
report the circumstances to law enforcement or a prosecutor.
(4)
An action by the department under Subsection (3) may precede and does not preclude a 
criminal penalty or criminal prosecution under Section 
76-9-301
 or 
76-9-301.9
76-13-202
, 
76-13-203
, 
76-13-204
, or 
76-13-215
.
(5)
The department shall deposit a fine imposed under Subsection (3) into the General Fund 
as a dedicated credit to be used by the department for enforcement of this section.
Section 2, Section 
4-25-303
 is amended to read:
4-25-303
. Feral swine detrimental to state's interests -- Seizure, capture, or 
destruction of feral swine.
(1)
Feral swine are detrimental to the state's interests in agriculture and wildlife.
(2)
Feral swine may be seized, captured, or destroyed at any time, in any place, and in any 
manner by:
(a)
the department and the department's authorized agents;
(b)
the Division of Wildlife Resources and the Division of Wildlife Resources' 
authorized agents; or
(c)
a certified peace officer.
(3)
(a)
Notwithstanding 
Section 
76-9-301
Section 
76-13-202
, 
76-13-203
, or 
76-13-204
, 
and subject to the requirements of this section, an individual may kill a feral swine 
roaming on private or public land.
(b)
An individual shall obtain the consent of the landowner before killing a feral swine 
on private land.
(c)
Feral swine may be killed:
(i)
year-round;
(ii)
in any number; and
(iii)
with a firearm, bow and arrow, or crossbow.
(4)
Feral swine may not be hunted or killed under Subsection 
(3)(c)
:
(a)
with the use of artificial light or night vision equipment, except as authorized by 
county ordinance; or
(b)
from or with any airborne vehicle or device, except as provided in Section 
4-23-106
.
(5)
An individual may not receive compensation, or attempt to receive compensation, from 
hunting feral swine.
(6)
An authorized individual who kills a swine under this section is not liable to the owner 
for the loss of the swine, unless:
(a)
the swine is conspicuously identified by an ear tag or other form of visual 
identification; and
(b)
the individual who killed the swine knew the swine was identified by an ear tag or 
other form of usual identification.
Section 3, Section 
4-41a-102
 is amended to read:
4-41a-102
. Definitions.
As used in this chapter:
(1)
"Adulterant" means any poisonous or deleterious substance in a quantity that may be 
injurious to health, including:
(a)
pesticides;
(b)
heavy metals;
(c)
solvents;
(d)
microbial life;
(e)
artificially derived cannabinoid;
(f)
toxins; or
(g)
foreign matter.
(2)
"Advertise" or "advertising" means information provided by a person in any medium:
(a)
to the public; and
(b)
that is not age restricted to an individual who is at least 21 years old.
(3)
"Advisory board" means the Medical Cannabis Policy Advisory Board created in 
Section 
26B-1-435
.
(4)
(a)
"Anticompetitive business practice" means any practice that reduces the amount 
of competition in the medical cannabis market that would be considered an attempt to 
monopolize, as defined in Section 
76-10-3103
76-16-501
.
(b)
"Anticompetitive business practice" may include:
(i)
agreements that may be considered unreasonable when competitors interact to the 
extent that they are:
(A)
no longer acting independently; or
(B)
when collaborating are able to wield market power together;
(ii)
monopolizing or attempting to monopolize trade by:
(A)
acting to maintain or acquire a dominant position in the market; or
(B)
preventing new entry into the market; or
(iii)
other conduct outlined in rule.
(5)
(a)
"Artificially derived cannabinoid" means a chemical substance that is created by a 
chemical reaction that changes the molecular structure of any chemical substance 
derived from the cannabis plant.
(b)
"Artificially derived cannabinoid" does not include:
(i)
a naturally occurring chemical substance that is separated from the cannabis plant 
by a chemical or mechanical extraction process; or
(ii)
a cannabinoid that is produced by decarboxylation from a naturally occurring 
cannabinoid acid without the use of a chemical catalyst.
(6)
"Cannabis Research Review Board" means the Cannabis Research Review Board 
created in Section 
26B-1-420
.
(7)
"Cannabis" means the same as that term is defined in Section 
26B-4-201
.
(8)
"Cannabis concentrate" means:
(a)
the product of any chemical or physical process applied to naturally occurring 
biomass that concentrates or isolates the cannabinoids contained in the biomass; and
(b)
any amount of a natural cannabinoid or artificially derived cannabinoid in an 
artificially derived cannabinoid's purified state.
(9)
"Cannabis cultivation byproduct" means any portion of a cannabis plant that is not 
intended to be sold as a cannabis plant product.
(10)
"Cannabis cultivation facility" means a person that:
(a)
possesses cannabis;
(b)
grows or intends to grow cannabis; and
(c)
sells or intends to sell cannabis to a cannabis cultivation facility, a cannabis 
processing facility, or a medical cannabis research licensee.
(11)
"Cannabis cultivation facility agent" means an individual who
holds a valid cannabis production establishment agent registration card with a cannabis 
cultivation facility designation.
(12)
"Cannabis derivative product" means a product made using cannabis concentrate.
(13)
"Cannabis plant product" means any portion of a cannabis plant intended to be sold in 
a form that is recognizable as a portion of a cannabis plant.
(14)
"Cannabis processing facility" means a person that:
(a)
acquires or intends to acquire cannabis from a cannabis production establishment;
(b)
possesses cannabis with the intent to manufacture a cannabis product;
(c)
manufactures or intends to manufacture a cannabis product from unprocessed 
cannabis or a cannabis extract; and
(d)
sells or intends to sell a cannabis product to a medical cannabis pharmacy or a 
medical cannabis research licensee.
(15)
"Cannabis processing facility agent" means an individual who
holds a valid cannabis production establishment agent registration card with a cannabis 
processing facility designation.
(16)
"Cannabis product" means the same as that term is defined in Section 
26B-4-201
.
(17)
"Cannabis production establishment" means a cannabis cultivation facility, a cannabis 
processing facility, or an independent cannabis testing laboratory.
(18)
"Cannabis production establishment agent" means a cannabis cultivation facility agent, 
a cannabis processing facility agent, or an independent cannabis testing laboratory agent.
(19)
"Cannabis production establishment agent registration card" means a registration card 
that the department issues that:
(a)
authorizes an individual to act as a cannabis production establishment agent; and
(b)
designates the type of cannabis production establishment for which an individual is 
authorized to act as an agent.
(20)
"Closed-door medical cannabis pharmacy" means a facility operated by a home 
delivery medical cannabis pharmacy for delivering cannabis or a medical cannabis 
product.
(21)
"Community location" means a public or private elementary or secondary school, a 
church, a public library, a public playground, or a public park.
(22)
"Cultivation space" means, quantified in square feet, the horizontal area in which a 
cannabis cultivation facility cultivates cannabis, including each level of horizontal area 
if the cannabis cultivation facility hangs, suspends, stacks, or otherwise positions plants 
above other plants in multiple levels.
(23)
"Delivery address" means:
(a)
for a medical cannabis cardholder who is not a facility:
(i)
the medical cannabis cardholder's home address; or
(ii)
an address designated by the medical cannabis cardholder that:
(A)
is the medical cannabis cardholder's workplace; and
(B)
is not a community location; or
(b)
for a medical cannabis cardholder that is a facility, the facility's address.
(24)
"Department" means the Department of Agriculture and Food.
(25)
"Family member" means a parent, step-parent, spouse, child, sibling, step-sibling, 
uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law, 
sister-in-law, son-in-law, daughter-in-law, grandparent, or grandchild.
(26)
"Government issued photo identification" means the same as that term is defined in 
Section 
26B-4-201
, including expired identification in accordance with Section 
26B-4-244
.
(27)
"Home delivery medical cannabis pharmacy" means a medical cannabis pharmacy that 
the department authorizes, as part of the pharmacy's license, to deliver medical cannabis 
shipments to a delivery address to fulfill electronic orders that the state central patient 
portal facilitates.
(28)
(a)
"Independent cannabis testing laboratory" means a person that:
(i)
conducts a chemical or other analysis of cannabis or a cannabis product; or
(ii)
acquires, possesses, and transports cannabis or a cannabis product with the intent 
to conduct a chemical or other analysis of the cannabis or cannabis product.
(b)
"Independent cannabis testing laboratory" includes a laboratory that the department 
or a research university operates in accordance with Subsection 
4-41a-201
(14).
(29)
"Independent cannabis testing laboratory agent" means an individual who
holds a valid cannabis production establishment agent registration card with an 
independent cannabis testing laboratory designation.
(30)
"Inventory control system" means a system described in Section 
4-41a-103
.
(31)
"Licensing board" or "board" means the Cannabis Production Establishment and 
Pharmacy Licensing Advisory Board created in Section 
4-41a-201.1
.
(32)
"Medical cannabis" means the same as that term is defined in Section 
26B-4-201
.
(33)
"Medical cannabis card" means the same as that term is defined in Section 
26B-4-201
.
(34)
"Medical cannabis courier" means a courier that:
(a)
the department licenses in accordance with Section 
4-41a-1201
; and
(b)
contracts with a home delivery medical cannabis pharmacy to deliver medical 
cannabis shipments to fulfill electronic orders that the state central patient portal 
facilitates.
(35)
"Medical cannabis courier agent" means an individual who:
(a)
is an employee of a medical cannabis courier; and
(b)
who holds a valid medical cannabis courier agent registration card.
(36)
"Medical cannabis pharmacy" means the same as that term is defined in Section 
26B-4-201
.
(37)
"Medical cannabis pharmacy agent" means the same as that term is defined in Section 
26B-4-201
.
(38)
"Medical cannabis research license" means a license that the department issues to a 
research university for the purpose of obtaining and possessing medical cannabis for 
academic research.
(39)
"Medical cannabis research licensee" means a research university that the department 
licenses to obtain and possess medical cannabis for academic research, in accordance 
with Section 
4-41a-901
.
(40)
"Medical cannabis shipment" means a shipment of medical cannabis that a home 
delivery medical cannabis pharmacy or a medical cannabis courier delivers to a delivery 
address to fulfill an electronic medical cannabis order that the state central patient portal 
facilitates.
(41)
"Medical cannabis treatment" means the same as that term is defined in Section 
26B-4-201
.
(42)
"Medicinal dosage form" means the same as that term is defined in Section 
26B-4-201
.
(43)
"Pharmacy ownership limit" means an amount equal to 30% of the total number of 
medical cannabis pharmacy licenses issued by the department rounded down to the 
nearest whole number.
(44)
"Pharmacy medical provider" means the same as that term is defined in Section 
26B-4-201
.
(45)
"Qualified medical provider" means the same as that term is defined in Section 
26B-4-201
.
(46)
"Qualified Production Enterprise Fund" means the fund created in Section 
4-41a-104
.
(47)
"Recommending medical provider" means the same as that term is defined in Section 
26B-4-201
.
(48)
"Research university" means the same as that term is defined in Section 
53B-7-702
 and 
a private, nonprofit college or university in the state that:
(a)
is accredited by the Northwest Commission on Colleges and Universities;
(b)
grants doctoral degrees; and
(c)
has a laboratory containing or a program researching a schedule I controlled 
substance described in Section 
58-37-4
.
(49)
"State electronic verification system" means the system described in Section 
26B-4-202
.
(50)
"Targeted marketing" means the promotion of a cannabis product, medical cannabis 
brand, or a medical cannabis device using any of the following methods:
(a)
electronic communication to an individual who is at least 21 years old and has 
requested to receive promotional information;
(b)
an in-person marketing event that is:
(i)
held inside a medical cannabis pharmacy; and
(ii)
in an area where only a medical cannabis cardholder may access the event;
(c)
other marketing material that is physically available or digitally displayed in a 
medical cannabis pharmacy; or
(d)
a leaflet a medical cannabis pharmacy places in the opaque package or box that is 
provided to an individual when obtaining medical cannabis:
(i)
in the medical cannabis pharmacy;
(ii)
at the medical cannabis pharmacy's drive-through pick up window; or
(iii)
in a medical cannabis shipment.
(51)
"Tetrahydrocannabinol" or "THC" means the same as that term is defined in Section 
4-41-102
.
(52)
"THC analog" means the same as that term is defined in Section 
4-41-102
.
(53)
"Total composite tetrahydrocannabinol" means all detectable forms of 
tetrahydrocannabinol.
(54)
"Total tetrahydrocannabinol" or "total THC" means the same as that term is defined in 
Section 
4-41-102
.
Section 4, Section 
4-44-202
 is amended to read:
4-44-202
. Application of other statutes -- Ordinances.
(1)
(a)
In a civil action for nuisance or a criminal action for public nuisance under 
Section 
76-10-803
76-9-1301
, it is a defense if the action involves agricultural 
operations and those agricultural operations are conducted in the normal and ordinary 
course of agricultural operations or conducted in accordance with sound agricultural 
practices.
(b)
Agricultural operations undertaken in conformity with federal, state, and local laws 
and regulations, including zoning ordinances, are presumed to be operating within 
sound agricultural practices.
(2)
If the agricultural operations occur in an agricultural protection area, as defined in 
Section 
17-41-101
, Section 
17-41-403
 governs the action for nuisance.
(3)
(a)
An ordinance of a political subdivision that would make the operation of an 
agricultural operation or appurtenances to an agricultural operation a nuisance or that 
provide for abatement of the agricultural operation as a nuisance does not apply to an 
agricultural operation that is conducted in the normal and ordinary course of 
agricultural operations or conducted in accordance with sound agricultural practices.
(b)
An agricultural operation undertaken in conformity with federal, state, and local laws 
and regulations, including zoning ordinances, are presumed to be operating within 
sound agricultural practices.
Section 5, Section 
9-7-215
 is amended to read:
9-7-215
. Internet and online access policy required.
(1)
As used in this section:
(a)
"Child sexual abuse material" means the same as that term is defined in Section 
76-5b-103
.
(b)
"Harmful to minors" means the same as that term is defined in Section 
76-10-1201
76-5c-101
.
(c)
"Obscene" means the same as that term is defined in 20 U.S.C. Sec. 9101.
(d)
"Technology protection measure" means a technology that blocks or filters Internet 
access to visual depictions.
(2)
State funds may not be provided to any public library that provides public access to the 
Internet unless the library:
(a)
(i)
has in place a policy of Internet safety for minors, including the operation of a 
technology protection measure:
(A)
with respect to any computer or other device while connected to the Internet 
through a network provided by the library, including a wireless network; and
(B)
that protects against access to visual depictions that are child sexual abuse 
materials, harmful to minors, or obscene; and
(ii)
is enforcing the operation of the technology protection measure described in 
Subsection 
(2)(a)(i)
 during any use by a minor of a computer or other device that 
is connected to the Internet through a network provided by the library, including a 
wireless network; and
(b)
(i)
has in place a policy of Internet safety, including the operation of a technology 
protection measure:
(A)
with respect to any computer or other device while connected to the Internet 
through a network provided by the library, including a wireless network; and
(B)
that protects against access to visual depictions that are child sexual abuse 
materials, harmful to minors, or obscene; and
(ii)
is enforcing the operation of the technology protection measure described in 
Subsection 
(2)(b)(i)
 during any use of a computer or other device that is connected 
to the Internet through a network provided by the library, including a wireless 
network.
(3)
This section does not prohibit a public library from limiting Internet access or otherwise 
protecting against materials other than the materials specified in this section.
(4)
An administrator, supervisor, or other representative of a public library may disable a 
technology protection measure described in Subsection 
(2)
:
(a)
at the request of a library patron who is not a minor; and
(b)
to enable access for research or other lawful purposes.
Section 6, Section 
9-8a-304
 is amended to read:
9-8a-304
. Antiquities Section created -- Duties.
(1)
There is created within the office the Antiquities Section.
(2)
The Antiquities Section shall:
(a)
promote research, study, and activities in the field of antiquities;
(b)
assist with the marking, protection, and preservation of sites;
(c)
assist with the collection, preservation, and administration of specimens until the 
specimens are placed in a repository or curation facility;
(d)
provide advice on the protection and orderly development of archaeological 
resources, and in doing so confer with the Public Lands Policy Coordinating Office if 
requested;
(e)
assist with the excavation, retrieval, and proper care of ancient human remains 
discovered on nonfederal lands in accordance with:
(i)
Section 
9-8a-309
;
(ii)
Section 
9-9-403
;
(iii)
Subsection 
76-9-704(3)
Subsection 
76-5-802(4)
;
(iv)
Subsection 
76-5-803(4)
; and
(iv)
(v)
federal law;
(f)
collect and administer site survey and excavation records;
(g)
edit and publish antiquities records;
(h)
inform the officer in writing about any request for advice or consultation from an 
agency or an agency's agent; and
(i)
employ an archaeologist meeting the requirements of 36 C.F.R. 61.4.
(3)
The Antiquities Section shall cooperate with local, state, and federal agencies and all 
interested persons to achieve the purposes of this part and 
Part 4, Historic Sites
.
(4)
Before performing the duties specified in Subsections 
(2)(a)
 through 
(e)
, the Antiquities 
Section shall obtain permission from the landowner.
Section 7, Section 
9-8a-309
 is amended to read:
9-8a-309
. Ancient human remains on nonfederal lands that are not state lands.
(1)
If a person knows or has reason to know that the person discovered ancient human 
remains on nonfederal land that is not state land:
(a)
the person shall:
(i)
cease activity in the area of the discovery until activity may be resumed in 
accordance with Subsection 
(1)(e)
;
(ii)
notify a local law enforcement agency in accordance with Section 
76-9-704
76-5-803
; and
(iii)
notify the person who owns or controls the nonfederal land, if that person is 
different than the person who discovers the ancient human remains; and
(b)
the person who owns or controls the nonfederal land shall:
(i)
require that activity in the area of the discovery cease until activity may be 
resumed in accordance with Subsection 
(1)(e)
; and
(ii)
make a reasonable effort to protect the discovered ancient human remains before 
activity may be resumed in accordance with Subsection 
(1)(e)
.
(c)
(i)
If the local law enforcement agency believes after being notified under this 
Subsection 
(1)
 that a person may have discovered ancient human remains, the 
local law enforcement agency shall contact the Antiquities Section.
(ii)
The Antiquities Section shall:
(A)
within two business days of the day on which the Antiquities Section is 
notified by local law enforcement, notify the landowner that the Antiquities 
Section may excavate and retrieve the human remains with the landowner's 
permission; and
(B)
if the landowner gives the landowner's permission, excavate the human 
remains by no later than:
(I)
five business days from the day on which the Antiquities Section obtains the 
permission of the landowner under this Subsection 
(1)
; or
(II)
if extraordinary circumstances exist as provided in Subsection 
(1)(d)
, 
within the time period designated by the director not to exceed 30 days from 
the day on which the Antiquities Section obtains the permission of the 
landowner under this Subsection 
(1)
.
(d)
(i)
The director may grant the Antiquities Section an extension of time for 
excavation and retrieval of ancient human remains not to exceed 30 days from the 
day on which the Antiquities Section obtains the permission of the landowner 
under this Subsection 
(1)
, if the director determines that extraordinary 
circumstances exist on the basis of objective criteria such as:
(A)
the unusual scope of the ancient human remains;
(B)
the complexity or difficulty of excavation or retrieval of the ancient human 
remains; or
(C)
the landowner's concerns related to the excavation or retrieval of the ancient 
human remains.
(ii)
If the landowner objects to the time period designated by the director, the 
landowner may appeal the decision to the executive director of the department in 
writing.
(iii)
If the executive director receives an appeal from the landowner under this 
Subsection 
(1)(d)
, the executive director shall:
(A)
decide on the appeal within two business days; and
(B)
(I)
uphold the decision of the director; or
(II)
designate a shorter time period than the director designated for the 
excavation and retrieval of the ancient human remains.
(iv)
An appeal under this Subsection 
(1)(d)
 may not be the cause for the delay of the 
excavation and retrieval of the ancient human remains.
(v)
A decision and appeal under this Subsection 
(1)(d)
 is exempt from 
Title 63G, 
Chapter 4, Administrative Procedures Act
.
(e)
A person that owns or controls nonfederal land that is not state land may engage in or 
permit others to engage in activities in the area of the discovery without violating this 
part or 
Section 
76-9-704
Sections 
76-5-802
 and 
76-5-803
 if once notified of the 
discovery of ancient human remains on the nonfederal land, the person:
(i)
consents to the Antiquities Section excavating and retrieving the ancient human 
remains; and
(ii)
engages in or permits others to engage in activities in the area of the discovery 
only after:
(A)
the day on which the Antiquities Section removes the ancient human remains 
from the nonfederal land; or
(B)
the time period described in Subsection 
(1)(c)(ii)(B)
.
(2)
A person that owns or controls nonfederal land that is not state land may not be required 
to pay any costs incurred by the state associated with the ancient human remains, 
including costs associated with the costs of the:
(a)
discovery of ancient human remains;
(b)
excavation or retrieval of ancient human remains; or
(c)
determination of ownership or disposition of ancient human remains.
(3)
For nonfederal land that is not state land, nothing in this section limits or prohibits the 
Antiquities Section and a person who owns or controls the nonfederal land from entering 
into an agreement addressing the ancient human remains that allows for different terms 
than those provided in this section.
(4)
The ownership and control of ancient human remains that are the ancient human 
remains of a Native American shall be determined in accordance with 
Chapter 9, Part 4, 
Native American Grave Protection and Repatriation Act
:
(a)
if the ancient human remains are in possession of the state;
(b)
if the ancient human remains are not known to have been discovered on lands 
owned, controlled, or held in trust by the federal government; and
(c)
regardless of when the ancient human remains are discovered.
(5)
This section:
(a)
does not apply to ancient human remains that are subject to the provisions and 
procedures of:
(i)
federal law; or
(ii)
Part 4, Historic Sites
; and
(b)
does not modify any property rights of a person that owns or controls nonfederal 
land except as to the ownership of the ancient human remains.
(6)
The office, Antiquities Section, or Division of Indian Affairs may not make rules that 
impose any requirement on a person who discovers ancient human remains or who owns 
or controls nonfederal land that is not state land on which ancient human remains are 
discovered that is not expressly provided for in this section.
Section 8, Section 
9-9-403
 is amended to read:
9-9-403
. Ownership and disposition of Native American remains.
(1)
If Native American remains are discovered on nonfederal lands on or after April 30, 
2007, the ownership or control of the Native American remains shall be determined in 
the following priority:
(a)
first, in the lineal descendants of the Native American;
(b)
second, if the lineal descendants cannot be ascertained, in the Indian tribe that:
(i)
has the closest cultural affiliation with the Native American remains; and
(ii)
states a claim for the Native American remains; or
(c)
third:
(i)
in the Indian tribe that is recognized as aboriginally occupying the area in which 
the Native American remains are discovered, if:
(A)
cultural affiliation of the Native American remains cannot be reasonably 
ascertained;
(B)
the land is recognized either by a final judgment of the Indian Claims 
Commission or through other evidence as the exclusive or joint aboriginal land 
of some Indian tribe; and
(C)
that tribe states a claim for the Native American remains; or
(ii)
in a different tribe if:
(A)
it can be shown by a preponderance of the evidence that that different tribe 
has a stronger genetic or cultural relationship with the Native American 
remains; and
(B)
that different tribe states a claim for the Native American remains.
(2)
Subject to Subsection 
(7)
, Native American remains discovered on nonfederal lands that 
are not claimed under Subsection 
(1)
 shall be disposed of in accordance with rules made 
by the division:
(a)
consistent with 
Chapter 8a, Part 3, Antiquities
; and
(b)
in consultation with Native American groups, representatives of repositories, and the 
review committee established under Section 
9-9-405
.
(3)
The intentional removal or excavation of Native American remains from state lands 
may be permitted only if:
(a)
the Native American remains are excavated or removed pursuant to a permit issued 
under Section 
9-8a-305
;
(b)
the Native American remains are excavated or removed after consultation with and 
written consent of the owner of the state land; and
(c)
the ownership or right of control of the disposition of the Native American remains is 
determined as provided in Subsections 
(1)
 and 
(2)
.
(4)
(a)
A person who knows or has reason to know that the person has discovered Native 
American remains on state lands after March 17, 1992, shall notify, in writing, the 
appropriate state agency having primary management authority over the lands as 
provided in 
Chapter 8a, Part 3, Antiquities
.
(b)
If the discovery occurs in connection with construction, mining, logging, agriculture, 
or a related activity, the person shall:
(i)
cease the activity in the area of the discovery;
(ii)
make a reasonable effort to protect the Native American remains discovered 
before resuming the activity; and
(iii)
provide notice of discovery to the appropriate state agency under Subsection 
(4)(a)
.
(c)
Following notification under Subsections 
(4)(a)
 and 
(b)
 and upon certification by the 
head of the appropriate state agency that notification is received, the activity may 
resume after compliance with 
Section 
76-9-704
Sections 
76-5-802
 and 
76-5-803
.
(5)
(a)
Scientific study of Native American remains may be carried out only with 
approval of the owner of the Native American remains as established in Subsections 
(1)
 and 
(2)
.
(b)
(i)
If ownership is unknown, study before identifying ownership is restricted to 
those sufficient to identify ownership.
(ii)
Study to identify ownership shall be approved only in accordance with rules made 
by the division in consultation with the review committee.
(c)
The Native American remains may not be retained longer than 90 days after the date 
of establishing ownership.
(6)
(a)
Ownership of Native American remains shall be determined in accordance with 
this Subsection 
(6)
 if:
(i)
there are multiple claims of ownership under Subsection 
(1)
 of Native American 
remains; and
(ii)
the division cannot clearly determine which claimant is the most appropriate 
claimant.
(b)
If the conditions of Subsection 
(6)(a)
 are met, the appropriate state agency having 
primary authority over the lands as provided in 
Chapter 8a, Part 3, Antiquities
, may 
retain the remains until:
(i)
the multiple claimants for the Native American remains enter into an agreement 
concerning the disposition of the Native American remains;
(ii)
the dispute is resolved through an administrative process:
(A)
established by rules made by the division in accordance with 
Title 63G, 
Chapter 3, Utah Administrative Rulemaking Act
; and
(B)
that is exempt from 
Title 63G, Chapter 4, Administrative Procedures Act
; or
(iii)
after the administrative process described in Subsection 
(6)(b)(ii)
 is complete, 
the dispute is resolved by a court of competent jurisdiction.
(7)
The division may not make rules that impose any requirement on a person who 
discovers Native American remains or owns or controls nonfederal land that is not state 
land on which Native American remains are discovered that is not expressly provided 
for in Section 
9-8a-309
.
(8)
For purposes of this part, if Native American remains are discovered on nonfederal land 
that is not state land, the Antiquities Section is considered the state agency having 
primary authority over the nonfederal land.
(9)
This part does not modify any property rights of a person that owns or controls 
nonfederal land except as to the ownership of Native American remains.
Section 9, Section 
9-23-306
 is amended to read:
9-23-306
. Club fighting prohibited.
(1)
Club fighting is prohibited.
(2)
Any person who publicizes, promotes, conducts, or engages in a club fighting match is:
(a)
guilty of a class A misdemeanor as provided in Section 
76-9-705
76-9-112
; and
(b)
subject to license revocation under this chapter.
Section 10, Section 
10-8-41.5
 is amended to read:
10-8-41.5
. Regulation of sexually oriented business.
(1)
As used in this section:
(a)
"Adult service" means dancing, serving food or beverages, modeling, posing, 
wrestling, singing, reading, talking, listening, or other performances or activities 
conducted by a nude or partially denuded individual for compensation.
(b)
"Compensation" means:
(i)
a salary;
(ii)
a fee;
(iii)
a commission;
(iv)
employment;
(v)
a profit; or
(vi)
other pecuniary gain.
(c)
(i)
"Escort" means a person who, for compensation, dates, socializes with, visits, 
consorts with, or accompanies another, or offers to date, consort with, socialize 
with, visit, or accompany another:
(A)
to a social affair, entertainment, or a place of amusement; or
(B)
within a place of public or private resort, a business or commercial 
establishment, or a private quarter.
(ii)
"Escort" does not mean a person who provides business or personal services, 
including:
(A)
a licensed private nurse;
(B)
an aide for the elderly or a person with a disability;
(C)
a social secretary or similar service personnel whose relationship with a patron 
is characterized by a contractual relationship having a duration of 12 hours or 
more and who provides a service not principally characterized as dating or 
socializing; or
(D)
a person who provides services such as singing telegrams, birthday greetings, 
or similar activities that are characterized by an appearance in a public place, 
contracted for by a party other than the person for whom the service is being 
performed, and of a duration not to exceed one hour.
(d)
"Escort service" means any person who furnishes or arranges for an escort to 
accompany another individual for compensation.
(e)
"Nude or partially denuded individual" means an individual with any of the 
following less than completely and opaquely covered:
(i)
genitals;
(ii)
the pubic region; or
(iii)
a female breast below a point immediately above the top of the areola.
(f)
(i)
"Sexually oriented business" means a business at which any nude or partially 
denuded individual, regardless of whether the nude or partially denuded individual 
is an employee of the sexually oriented business or an independent contractor, 
performs any service for compensation.
(ii)
"Sexually oriented business" includes:
(A)
an escort service; or
(B)
an adult service.
(2)
A person employed in a sexually oriented business may not work in a municipality if:
(a)
the municipality requires that a person employed in a sexually oriented business 
obtain an individual license; and
(b)
the person has not obtained an individual license from the municipality.
(3)
A business entity that conducts a sexually oriented business may not conduct business 
in a municipality if:
(a)
the municipality requires that a sexually oriented business obtain a license; and
(b)
the business entity has not obtained a license from the municipality.
(4)
(a)
A violation of this section by an individual who is at least 18 years old is a class A 
misdemeanor.
(b)
A person charged under this section may not also be charged under Section 
76-10-1302
76-5d-202
.
Section 11, Section 
10-8-41.6
 is amended to read:
10-8-41.6
. Regulation of retail tobacco specialty business.
(1)
As used in this section:
(a)
"Community location" means:
(i)
a public or private kindergarten, elementary, middle, junior high, or high school;
(ii)
a licensed child-care facility or preschool;
(iii)
a trade or technical school;
(iv)
a church;
(v)
a public library;
(vi)
a public playground;
(vii)
a public park;
(viii)
a youth center or other space used primarily for youth oriented activities;
(ix)
a public recreational facility;
(x)
a public arcade; or
(xi)
for a new license issued on or after July 1, 2018, a homeless shelter.
(b)
"Department" means the Department of Health and Human Services created in 
Section 
26B-1-201
.
(c)
"Electronic cigarette product" means the same as that term is defined in Section 
76-10-101
76-9-1101
.
(d)
"Licensee" means a person licensed under this section to conduct business as a retail 
tobacco specialty business.
(e)
"Local health department" means the same as that term is defined in Section 
26A-1-102
.
(f)
"Nicotine product" means the same as that term is defined in Section 
76-10-101
76-9-1101
.
(g)
"Retail tobacco specialty business" means a commercial establishment in which:
(i)
sales of tobacco products, electronic cigarette products, and nicotine products 
account for more than 35% of the total quarterly gross receipts for the 
establishment;
(ii)
20% or more of the public retail floor space is allocated to the offer, display, or 
storage of tobacco products, electronic cigarette products, or nicotine products;
(iii)
20% or more of the total shelf space is allocated to the offer, display, or storage 
of tobacco products, electronic cigarette products, or nicotine products;
(iv)
the commercial establishment:
(A)
holds itself out as a retail tobacco specialty business; and
(B)
causes a reasonable person to believe the commercial establishment is a retail 
tobacco specialty business; or
(v)
the retail space features a self-service display for tobacco products, electronic 
cigarette products, or nicotine products.
(h)
"Self-service display" means the same as that term is defined in Section 
76-10-105.1
76-9-1107
.
(i)
"Tobacco product" means:
(i)
a tobacco product as defined in Section 
76-10-101
76-9-1101
; or
(ii)
tobacco paraphernalia as defined in Section 
76-10-101
76-9-1101
.
(2)
The regulation of a retail tobacco specialty business is an exercise of the police powers 
of the state by the state or by delegation of the state's police powers to other 
governmental entities.
(3)
(a)
A person may not operate a retail tobacco specialty business in a municipality 
unless the person obtains a license from the municipality in which the retail tobacco 
specialty business is located.
(b)
A municipality may only issue a retail tobacco specialty business license to a person 
if the person complies with the provisions of Subsections (4) and (5).
(4)
(a)
Except as provided in Subsection (7), a municipality may not issue a license for a 
person to conduct business as a retail tobacco specialty business if the retail tobacco 
specialty business is located within:
(i)
1,000 feet of a community location;
(ii)
600 feet of another retail tobacco specialty business; or
(iii)
600 feet from property used or zoned for:
(A)
agriculture use; or
(B)
residential use.
(b)
For purposes of Subsection (4)(a), the proximity requirements shall be measured in a 
straight line from the nearest entrance of the retail tobacco specialty business to the 
nearest property boundary of a location described in Subsections (4)(a)(i) through (iii), 
without regard to intervening structures or zoning districts.
(5)
A municipality may not issue or renew a license for a person to conduct business as a 
retail tobacco specialty business until the person provides the municipality with proof 
that the retail tobacco specialty business has:
(a)
a valid permit for a retail tobacco specialty business issued under Title 26B, Chapter 
7, Part 5, Regulation of Smoking, Tobacco Products, and Nicotine Products, by the 
local health department having jurisdiction over the area in which the retail tobacco 
specialty business is located; and
(b)
(i)
for a retailer that sells a tobacco product, a valid license issued by the State Tax 
Commission in accordance with Section 
59-14-201
 or 
59-14-301
 to sell a tobacco 
product; and
(ii)
for a retailer that sells an electronic cigarette product or a nicotine product, a valid 
license issued by the State Tax Commission in accordance with Section 
59-14-803
to sell an electronic cigarette product or a nicotine product.
(6)
(a)
Nothing in this section:
(i)
requires a municipality to issue a retail tobacco specialty business license; or
(ii)
prohibits a municipality from adopting more restrictive requirements on a person 
seeking a license or renewal of a license to conduct business as a retail tobacco 
specialty business.
(b)
A municipality may suspend or revoke a retail tobacco specialty business license 
issued under this section:
(i)
if a licensee engages in a pattern of unlawful activity under 
Title 76, Chapter 10, 
Part 16, Pattern of Unlawful Activity Act
Title 76, Chapter 17, Part 4, Offenses 
Concerning a Pattern of Unlawful Activity
;
(ii)
if a licensee violates federal law or federal regulations restricting the sale and 
distribution of tobacco products or electronic cigarette products to protect children 
and adolescents;
(iii)
upon the recommendation of the department or a local health department under 
Title 26B, Chapter 7, Part 5, Regulation of Smoking, Tobacco Products, and 
Nicotine Products; or
(iv)
under any other provision of state law or local ordinance.
(7)
(a)
A retail tobacco specialty business is exempt from Subsection (4) if:
(i)
on or before December 31, 2018, the retail tobacco specialty business was issued a 
license to conduct business as a retail tobacco specialty business;
(ii)
the retail tobacco specialty business is operating in a municipality in accordance 
with all applicable laws except for the requirement in Subsection (4); and
(iii)
beginning July 1, 2022, the retail tobacco specialty business is not located within 
1,000 feet of a public or private kindergarten, elementary, middle, junior high, or 
high school.
(b)
A retail tobacco specialty business may maintain an exemption under Subsection 
(7)(a) if:
(i)
the license described in Subsection (7)(a)(i) is renewed continuously without lapse 
or permanent revocation;
(ii)
the retail tobacco specialty business does not close for business or otherwise 
suspend the sale of tobacco products, electronic cigarette products, or nicotine 
products for more than 60 consecutive days;
(iii)
the retail tobacco specialty business does not substantially change the business 
premises or business operation; and
(iv)
the retail tobacco specialty business maintains the right to operate under the 
terms of other applicable laws, including:
(A)
Section 
26B-7-503
;
(B)
zoning ordinances;
(C)
building codes; and
(D)
the requirements of the license described in Subsection (7)(a)(i).
(c)
A retail tobacco specialty business that does not qualify for an exemption under 
Subsection (7)(a) is exempt from Subsection (4) if:
(i)
on or before December 31, 2018, the retail tobacco specialty business was issued a 
general tobacco retailer permit or a retail tobacco specialty business permit under 
Title 26B, Chapter 7, Part 5, Regulation of Smoking, Tobacco Products, and 
Nicotine Products, by the local health department having jurisdiction over the area 
in which the retail tobacco specialty business is located;
(ii)
the retail tobacco specialty business is operating in the municipality in accordance 
with all applicable laws except for the requirement in Subsection (4); and
(iii)
beginning July 1, 2022, the retail tobacco specialty business is not located within 
1,000 feet of a public or private kindergarten, elementary, middle, junior high, or 
high school.
(d)
Except as provided in Subsection (7)(e), a retail tobacco specialty business may 
maintain an exemption under Subsection (7)(c) if:
(i)
on or before December 31, 2020, the retail tobacco specialty business receives a 
retail tobacco specialty business permit from the local health department having 
jurisdiction over the area in which the retail tobacco specialty business is located;
(ii)
the permit described in Subsection (7)(d)(i) is renewed continuously without 
lapse or permanent revocation;
(iii)
the retail tobacco specialty business does not close for business or otherwise 
suspend the sale of tobacco products, electronic cigarette products, or nicotine 
products for more than 60 consecutive days;
(iv)
the retail tobacco specialty business does not substantially change the business 
premises or business operation as the business existed when the retail tobacco 
specialty business received a permit under Subsection (7)(d)(i); and
(v)
the retail tobacco specialty business maintains the right to operate under the terms 
of other applicable laws, including:
(A)
Section 
26B-7-503
;
(B)
zoning ordinances;
(C)
building codes; and
(D)
the requirements of the retail tobacco permit described in Subsection (7)(d)(i).
(e)
A retail tobacco specialty business described in Subsection (7)(a) or (b) that is 
located within 1,000 feet of a public or private kindergarten, elementary, middle, 
junior high, or high school before July 1, 2022, is exempt from Subsection 
(4)(a)(iii)(B) if the retail tobacco specialty business:
(i)
relocates, before July 1, 2022, to a property that is used or zoned for commercial 
use and located within a group of architecturally unified commercial 
establishments built on a site that is planned, developed, owned, and managed as 
an operating unit; and
(ii)
continues to meet the requirements described in Subsection (7)(b) that are not 
directly related to the relocation described in this Subsection (7)(e).
Section 12, Section 
10-8-47
 is amended to read:
10-8-47
. Intoxication -- Fights -- Disorderly conduct -- Assault and battery -- 
Petit larceny -- Riots and disorderly assemblies -- Firearms and fireworks -- False 
pretenses and embezzlement -- Sale of liquor, narcotics, tobacco products, electronic 
cigarette products, or nicotine products to minors -- Possession of controlled substances 
-- Treatment of alcoholics and narcotics or drug addicts.
(1)
A municipal legislative body may:
(a)
prevent intoxication, fighting, quarreling, dog fights, cockfights, prize fights, 
bullfights, and all disorderly conduct and provide against and punish the offenses of 
assault and battery and petit larceny;
(b)
restrain riots, routs, noises, disturbances, or disorderly assemblies in any street, 
house, or place in the city;
(c)
regulate and prevent the discharge of firearms, rockets, powder, fireworks in 
accordance with Section 
53-7-225
, or any other dangerous or combustible material;
(d)
provide against and prevent the offense of obtaining money or property under false 
pretenses and the offense of embezzling money or property in the cases when the 
money or property embezzled or obtained under false pretenses does not exceed in 
value the sum of $500;
(e)
prohibit the sale, giving away, or furnishing of narcotics or alcoholic beverages to an 
individual younger than 21 years old; or
(f)
prohibit the sale, giving away, or furnishing of a tobacco product, an electronic 
cigarette product, or a nicotine product as those terms are defined in Section 
76-10-101
76-9-1101
 to an individual younger than 21 years old.
(2)
A city may:
(a)
by ordinance, prohibit the possession of controlled substances as defined in the Utah 
Controlled Substances Act or any other endangering or impairing substance, provided 
the conduct is not a class A misdemeanor or felony; and
(b)
provide for treatment of alcoholics, narcotic addicts, and other individuals who are 
addicted to the use of drugs or intoxicants such that an individual substantially lacks 
the capacity to control the individual's use of the drugs or intoxicants, and judicial 
supervision may be imposed as a means of effecting the individual's rehabilitation.
Section 13, Section 
10-18-103
 is amended to read:
10-18-103
. Antitrust immunity.
(1)
When a municipality is offering or providing a cable television service or public 
telecommunications service, the immunity from antitrust liability afforded to political 
subdivisions of the state under Section 
76-10-3109
76-16-511
 does not apply to the 
municipality providing those services.
(2)
A municipality that provides a cable television service or a public telecommunications 
service is subject to applicable antitrust liabilities under the federal Local Government 
Antitrust Act of 1984, 15 U.S.C. Secs. 34 to 36.
Section 14, Section 
11-46-303
 is amended to read:
11-46-303
. Community cats.
(1)
A cat received by a shelter under the provisions of Section 
11-46-103
 may be released 
prior to the five-day holding period to a sponsor that operates a community cat program.
(2)
A community cat is:
(a)
exempt from licensing requirements and feeding bans; and
(b)
eligible for release from an animal shelter prior to the mandatory five-day hold 
period in Section 
11-46-103
.
(3)
Community cat sponsors or caretakers do not have custody, as defined in Section 
76-9-301
76-13-202
, of any cat in a community cat colony. Cats in a colony that are 
obviously owned, as evidenced by a collar, tags, microchip, or other discernable owner 
identification, are not exempt from the provisions of 
Title 76, Chapter 9, Part 3, Cruelty 
to Animals
Title 76, Chapter 13, Offenses Involving Cruelty to Animals
.
(4)
Sterilization and vaccination records shall be maintained for a minimum of three years 
and be available to an animal control officer upon request.
Section 15, Section 
11-48-104
, which is renumbered from Section 76-9-905 is renumbered 
and amended to read:
48. EMERGENCY RESPONSE AND PREVENTION
76-9-905
11-48-104
. Designation of public places where orders to disperse are 
authorized and gang loitering is prohibited.
(1)
As used in this section:
(a)
"Criminal street gang" means the same as that term is defined in Section 
76-9-802
.
(b)
"Gang loitering" means the same as that term is defined in Section 
76-9-802
.
(c)
"Public place" means the same as that term is defined in Section 
76-9-802
.
(1)
Municipal and county legislative bodies shall, within their respective jurisdictions, 
designate the areas within their jurisdictions that they have determined are
(2)
A municipal or county legislative body shall designate public places within the 
municipal or county jurisdiction as areas where gang loitering is prohibited and 
subject 
to 
the 
enforcement 
of
by law enforcement officers as described in
 Section 
76-9-903
because
53-25-602
 and to criminal penalties under Section 
76-9-805
 if
 criminal street 
gangs have been able to
,
 or are attempting to:
(a)
establish control over 
these identifiable
the
 areas;
(b)
intimidate 
others
other individuals
 from entering 
those
the
 areas; or
(c)
conceal illegal activities conducted in 
those
the
 areas.
(2)
(3)
(a)
Prior to designating areas subject to enforcement under Section 
76-9-903
, the
Before a legislative body designates a public place as an area where gang loitering is 
prohibited, the
 legislative body shall consult, as appropriate, with 
persons
individuals
who are knowledgeable about the effects of gang activity in 
areas where Section 
76-9-903
 may be enforced
the area
.
(b)
Persons
Individuals
 consulted under Subsection 
(2)(a)
(3)(a)
 may include:
(i)
members of local law enforcement agencies who have training or experience 
related to criminal street gangs;
(ii)
other agency personnel with particular knowledge of gang activities in the 
proposed designated area;
(iii)
elected and appointed officials of the area where the proposed designated area is 
located; and
(iv)
representatives of community-based organizations.
(3)
(4)
The municipal or county legislative body shall develop and implement procedures 
for periodic review and update of area designations 
it makes
made
 under Subsection 
(1)
(2)
.
(5)
This section does not affect or limit an individual's constitutional right to engage in 
collective advocacy activities that are protected by the constitution or laws of this state 
or by the constitution or laws of the United States.
Section 16, Section 
13-39-202
 is amended to read:
13-39-202
. Prohibition of sending certain materials to a registered contact point 
-- Exception for consent.
(1)
A person may not send, cause to be sent, or conspire with a third party to send a 
communication to a contact point or domain that has been registered for more than 30 
calendar days with the unit under Section 
13-39-201
 if the communication:
(a)
has the primary purpose of advertising or promoting a product or service that a minor 
is prohibited by law from purchasing; or
(b)
contains or has the primary purpose of advertising or promoting material that is 
harmful to minors, as defined in Section 
76-10-1201
76-5c-101
.
(2)
Except as provided in Subsection 
(4)
, consent of a minor is not a defense to a violation 
of this section.
(3)
An Internet service provider does not violate this section for solely transmitting a 
message across the network of the Internet service provider.
(4)
(a)
Notwithstanding Subsection 
(1)
, a person may send a communication to a contact 
point if, before sending the communication, the person sending the communication 
receives consent from an adult who controls the contact point.
(b)
Any person who proposes to send a communication under Subsection 
(4)(a)
 shall:
(i)
verify the age of the adult who controls the contact point by inspecting the adult's 
government-issued identification card in a face-to-face transaction;
(ii)
obtain a written record indicating the adult's consent that is signed by the adult;
(iii)
include in each communication:
(A)
a notice that the adult may rescind the consent; and
(B)
information that allows the adult to opt out of receiving future 
communications; and
(iv)
notify the unit that the person intends to send communications under this 
Subsection 
(4)
.
(c)
The unit shall implement rules to verify that a person providing notification under 
Subsection 
(4)(b)(iv)
 complies with this Subsection 
(4)
.
Section 17, Section 
13-40-102
 is amended to read:
13-40-102
. Definitions.
As used in this chapter:
(1)
(a)
"Cause to be copied" means to distribute or transfer computer software, or any 
component of computer software.
(b)
"Cause to be copied" does not include providing:
(i)
transmission, routing, intermediate temporary storage, or caching of software;
(ii)
a storage or hosting medium, such as a compact disk, website, or computer server 
through which the software was distributed by a third party; or
(iii)
an information location tool, such as a directory, index, reference, pointer, or 
hypertext link, through which the user of the computer located the software.
(2)
(a)
"Computer software" means a sequence of instructions written in any 
programming language that is executed on a computer.
(b)
"Computer software" does not include a data component of a webpage that is not 
executable independently of the webpage.
(3)
"Computer virus" means a computer program or other set of instructions that is designed 
to degrade the performance of or disable a computer or computer network and is 
designed to have the ability to replicate itself on another computer or computer network 
without the authorization of the owner of the other computer or computer network.
(4)
"Damage" means any significant impairment to the:
(a)
performance of a computer; or
(b)
integrity or availability of data, software, a system, or information.
(5)
"Execute," when used with respect to computer software, means the performance of the 
functions or the carrying out of the instructions of the computer software.
(6)
"False pretenses" means the representation of a fact or circumstance that is not true and 
is calculated to mislead.
(7)
(a)
"Identifying information" means any information that can be used to access a 
person's financial accounts or to obtain goods and services, including the person's:
(i)
address;
(ii)
birth date;
(iii)
Social Security number;
(iv)
driver license number;
(v)
non-driver governmental identification number;
(vi)
telephone number;
(vii)
bank account number;
(viii)
student identification number;
(ix)
credit or debit card number;
(x)
personal identification number;
(xi)
unique biometric data;
(xii)
employee or payroll number;
(xiii)
automated or electronic signature;
(xiv)
computer image file;
(xv)
photograph; or
(xvi)
computer screen name or password.
(b)
"Identifying information" does not include information that is lawfully obtained from 
publicly available information, or from federal, state, or local government records 
lawfully made available to the general public.
(8)
"Intentionally deceptive" means any of the following:
(a)
an intentionally and materially false or fraudulent statement;
(b)
a statement or description that intentionally omits or misrepresents material 
information in order to deceive an owner or operator of a computer; or
(c)
an intentional and material failure to provide a notice to an owner or operator 
concerning the installation or execution of computer software, for the purpose of 
deceiving the owner or operator.
(9)
"Internet" means the global information system that is logically linked together by a 
globally unique address space based on the Internet protocol (IP), or its subsequent 
extensions, and that is able to support communications using the transmission control 
protocol/Internet protocol (TCP/IP) suite, or its subsequent extensions, or other 
IP-compatible protocols, and that provides, uses, or makes accessible, either publicly or 
privately, high-level services layered on communications and related infrastructure.
(10)
"Internet service provider" means:
(a)
an Internet service provider, as defined in Section 
76-10-1230
76-5c-401
; or
(b)
a hosting company, as defined in Section 
76-10-1230
76-5c-401
.
(11)
"Message" means a graphical or text communication presented to an authorized user of 
a computer.
(12)
(a)
"Owner or operator" means the owner or lessee of a computer, or a person using 
a computer with the owner's or lessee's authorization.
(b)
"Owner or operator" does not include a person who owned a computer before the 
first retail sale of the computer.
(13)
"Person" means any individual, partnership, corporation, limited liability company, or 
other organization, or any combination thereof.
(14)
"Personally identifiable information" means any of the following information if it 
allows the entity holding the information to identify the owner or operator of a computer:
(a)
the first name or first initial in combination with the last name and a home or other 
physical address including street name;
(b)
a personal identification code in conjunction with a password required to access an 
identified account, other than a password, personal identification number, or other 
identification number transmitted by an authorized user to the issuer of the account or 
its agent;
(c)
a Social Security number, tax identification number, driver license number, passport 
number, or any other government-issued identification number; or
(d)
an account balance, overdraft history, or payment history that personally identifies an 
owner or operator of a computer.
(15)
"Webpage" means a location that has a single uniform resource locator (URL) with 
respect to the World Wide Web or another location that can be accessed on the Internet.
Section 18, Section 
13-44-301
 is amended to read:
13-44-301
. Enforcement -- Confidentiality agreement -- Penalties.
(1)
The attorney general may enforce this chapter's provisions.
(2)
(a)
Nothing in this chapter creates a private right of action.
(b)
Nothing in this chapter affects any private right of action existing under other law, 
including contract or tort.
(3)
A person who violates this chapter's provisions is subject to a civil penalty of:
(a)
no greater than $2,500 for a violation or series of violations concerning a specific 
consumer; and
(b)
no greater than $100,000 in the aggregate for related violations concerning more than 
one consumer, unless:
(i)
the violations concern:
(A)
10,000 or more consumers who are residents of the state; and
(B)
10,000 or more consumers who are residents of other states; or
(ii)
the person agrees to settle for a greater amount.
(4)
(a)
In addition to the penalties provided in Subsection (3), the attorney general may 
seek, in an action brought under this chapter:
(i)
injunctive relief to prevent future violations of this chapter; and
(ii)
attorney fees and costs.
(b)
Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, if the attorney 
general brings an action under this chapter in the district court, the attorney general 
shall bring the action in:
(i)
Salt Lake City; or
(ii)
the county in which resides a consumer who is affected by the violation.
(5)
The attorney general shall deposit any amount received under Subsection (3), (4), or (10) 
into the Attorney General Litigation Fund created in Section 
76-10-3114
67-5-40
.
(6)
In enforcing this chapter, the attorney general may:
(a)
investigate the actions of any person alleged to violate Section 
13-44-201
 or 
13-44-202
;
(b)
subpoena a witness;
(c)
subpoena a document or other evidence;
(d)
require the production of books, papers, contracts, records, or other information 
relevant to an investigation;
(e)
conduct an adjudication in accordance with Title 63G, Chapter 4, Administrative 
Procedures Act, to enforce a civil provision under this chapter; and
(f)
enter into a confidentiality agreement in accordance with Subsection (7).
(7)
(a)
If the attorney general has reasonable cause to believe that an individual is in 
possession, custody, or control of information that is relevant to enforcing this 
chapter, the attorney general may enter into a confidentiality agreement with the 
individual.
(b)
In a civil action brought under this chapter, a court may issue a confidentiality order 
that incorporates the confidentiality agreement described in Subsection (7)(a).
(c)
A confidentiality agreement entered into under Subsection (7)(a) or a confidentiality 
order issued under Subsection (7)(b) may:
(i)
address a procedure;
(ii)
address testimony taken, a document produced, or material produced under this 
section;
(iii)
provide whom may access testimony taken, a document produced, or material 
produced under this section;
(iv)
provide for safeguarding testimony taken, a document produced, or material 
produced under this section; or
(v)
require that the attorney general:
(A)
return a document or material to an individual; or
(B)
notwithstanding Section 
63A-12-105
 or a retention schedule created in 
accordance with Section 
63G-2-604
, destroy the document or material at a 
designated time.
(8)
A subpoena issued under Subsection (6) may be served by certified mail.
(9)
A person's failure to respond to a request or subpoena from the attorney general under 
Subsection (6)(b), (c), or (d) is a violation of this chapter.
(10)
(a)
The attorney general may inspect and copy all records related to the business 
conducted by the person alleged to have violated this chapter, including records 
located outside the state.
(b)
For records located outside of the state, the person who is found to have violated this 
chapter shall pay the attorney general's expenses to inspect the records, including 
travel costs.
(c)
Upon notification from the attorney general of the attorney general's intent to inspect 
records located outside of the state, the person who is found to have violated this 
chapter shall pay the attorney general $500, or a higher amount if $500 is estimated 
to be insufficient, to cover the attorney general's expenses to inspect the records.
(d)
To the extent an amount paid to the attorney general by a person who is found to 
have violated this chapter is not expended by the attorney general, the amount shall 
be refunded to the person who is found to have violated this chapter.
(e)
The Division of Corporations and Commercial Code or any other relevant entity 
shall revoke any authorization to do business in this state of a person who fails to pay 
any amount required under this Subsection (10).
(11)
(a)
Subject to Subsection (11)(c), the attorney general shall keep confidential a 
procedure agreed to, testimony taken, a document produced, or material produced 
under this section pursuant to a subpoena, confidentiality agreement, or 
confidentiality order, unless the individual who agreed to the procedure, provided 
testimony, produced the document, or produced material waives confidentiality in 
writing.
(b)
Subject to Subsections (11)(c) and (11)(d), the attorney general may use, in an 
enforcement action taken under this section, testimony taken, a document produced, 
or material produced under this section to the extent the use is not restricted or 
prohibited by a confidentiality agreement or a confidentiality order.
(c)
The attorney general may use, in an enforcement action taken under this section, 
testimony taken, a document produced, or material produced under this section that is 
restricted or prohibited from use by a confidentiality agreement or a confidentiality 
order if the individual who provided testimony or produced the document or material 
waives the restriction or prohibition in writing.
(d)
The attorney general may disclose testimony taken, a document produced, or 
material produced under this section, without consent of the individual who provided 
the testimony or produced the document or material, or the consent of an individual 
being investigated, to:
(i)
a grand jury; or
(ii)
a federal or state law enforcement officer, if the person from whom the 
information was obtained is notified 20 days or greater before the day on which 
the information is disclosed, and the federal or state law enforcement officer 
certifies that the federal or state law enforcement officer will:
(A)
maintain the confidentiality of the testimony, document, or material; and
(B)
use the testimony, document, or material solely for an official law 
enforcement purpose.
(12)
(a)
An administrative action filed under this chapter shall be commenced no later 
than 10 years after the day on which the alleged breach of system security last 
occurred.
(b)
A civil action under this chapter shall be commenced no later than five years after 
the day on which the alleged breach of system security last occurred.
Section 19, Section 
13-45-401
 is amended to read:
13-45-401
. Enforcement -- Confidentiality agreement -- Penalties.
(1)
The attorney general may enforce the provisions of this chapter.
(2)
A person who violates a provision of this chapter is subject to a civil fine of:
(a)
no greater than $2,500 for a violation or series of violations concerning a specific 
consumer; and
(b)
no greater than $100,000 in the aggregate for related violations concerning more than 
one consumer, unless:
(i)
the violations concern:
(A)
10,000 or more consumers who are residents of the state; and
(B)
10,000 or more consumers who are residents of other states; or
(ii)
the person agrees to settle for a greater amount.
(3)
(a)
In addition to the penalties provided in Subsection (2), the attorney general may 
seek, in an action brought under this chapter:
(i)
injunctive relief to prevent future violations of this chapter; and
(ii)
attorney fees and costs.
(b)
Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, if the attorney 
general brings an action under this chapter in the district court, the attorney general 
shall bring the action in:
(i)
Salt Lake City; or
(ii)
the county in which resides a consumer who is the subject of a credit report on 
which a violation occurs.
(4)
The attorney general shall deposit any amount received under Subsection (2) or (3) into 
the Attorney General Litigation Fund created in Section 
76-10-3114
67-5-40
.
(5)
(a)
If the attorney general has reasonable cause to believe that an individual is in 
possession, custody, or control of information that is relevant to enforcing this 
chapter, the attorney general may enter into a confidentiality agreement with the 
individual.
(b)
In a civil action brought under this chapter, a court may issue a confidentiality order 
that incorporates the confidentiality agreement described in Subsection (5)(a).
(c)
A confidentiality agreement entered into under Subsection (5)(a) or a confidentiality 
order issued under Subsection (5)(b) may:
(i)
address a procedure;
(ii)
address testimony taken, a document produced, or material produced under this 
section;
(iii)
provide whom may access testimony taken, a document produced, or material 
produced under this section;
(iv)
provide for safeguarding testimony taken, a document produced, or material 
produced under this section; or
(v)
require that the attorney general:
(A)
return a document or material to an individual; or
(B)
notwithstanding Section 
63A-12-105
 or a retention schedule created in 
accordance with Section 
63G-2-604
, destroy the document or material at a 
designated time.
(6)
(a)
Subject to Subsection (6)(c), the attorney general shall keep confidential a 
procedure agreed to, testimony taken, a document produced, or material produced 
under this section pursuant to a subpoena, confidentiality agreement, or 
confidentiality order, unless the individual who agreed to the procedure, provided 
testimony, or produced the document or material waives confidentiality in writing.
(b)
Subject to Subsections (6)(c) and (6)(d), the attorney general may use, in an 
enforcement action taken under this section, testimony taken, a document produced, 
or material produced under this section to the extent the use is not restricted or 
prohibited by a confidentiality agreement or a confidentiality order.
(c)
The attorney general may use, in an enforcement action taken under this section, 
testimony taken, a document produced, or material produced under this section that is 
restricted or prohibited from use by a confidentiality agreement or a confidentiality 
order if the individual who provided testimony, produced the document, or produced 
the material waives the restriction or prohibition in writing.
(d)
The attorney general may disclose testimony taken, a document produced, or 
material produced under this section, without consent of the individual who provided 
the testimony, produced the document, or produced the material, or without the 
consent of an individual being investigated, to:
(i)
a grand jury; or
(ii)
a federal or state law enforcement officer, if the person from whom the 
information was obtained is notified 20 days or greater before the day on which 
the information is disclosed, and the federal or state law enforcement officer 
certifies that the federal or state law enforcement officer will:
(A)
maintain the confidentiality of the testimony, document, or material; and
(B)
use the testimony, document, or material solely for an official law 
enforcement purpose.
(7)
A civil action filed under this chapter shall be commenced no later than five years after 
the day on which the alleged violation last occurred.
Section 20, Section 
13-74-101
 is amended to read:
13-74-101
. Definitions.
(1)
"Ammunition" means ammunition or cartridge cases, primers, bullets, or propellant 
powder designed for use in a firearm.
(2)
"Customer" means an individual who presents a payment card to a merchant for the 
purchase of a good or service.
(3)
"Financial entity" means any person involved in facilitating or processing a payment 
card transaction, including:
(a)
a payment card network;
(b)
a merchant acquirer; or
(c)
a payment facilitator.
(4)
"Firearm" means the same as that term is defined in Section 
76-10-501
76-11-101
.
(5)
(a)
"Firearm accessory or component" means a device specifically adapted to:
(i)
enable the wearing or carrying about one's person or the storage or mounting in or 
on any conveyance of a firearm; or
(ii)
be inserted into or affixed to a firearm to enable, alter, or improve the functioning 
or capabilities of the firearm.
(b)
"Firearm accessory or component" includes a telescopic or laser sight, magazine, 
flash or sound suppressor, folding or aftermarket stock or grip, speedloader, brace, 
ammunition carrier, or light for target illumination.
(6)
"Firearms code" means the merchant category code 5723, approved in September 2022 
by the International Organization for Standardization, for firearms retailers.
(7)
"Firearms retailer" means a merchant engaged in the lawful business of selling or 
trading firearms, firearm accessories or components, or ammunition.
(8)
"Merchant" means a person physically located in the state who accepts a payment card 
from a customer for the purchase of a good or service.
(9)
"Payment card" means a card, code, or other means by which a person may debit a 
deposit account or use a line of credit to purchase a good or service.
(10)
"Reloading supplies" means any equipment, component, or material designed for the 
reloading of ammunition, including reloading presses, shell holders, powder measures, 
priming tools, reloading manuals, casings, and gunpowder.
Section 21, Section 
16-6a-1414
 is amended to read:
16-6a-1414
. Grounds and procedure for judicial dissolution.
(1)
The attorney general or the division director may bring an action in a court with 
jurisdiction under Title 78A, Judiciary and Judicial Administration, to dissolve a 
nonprofit corporation if it is established that:
(a)
the nonprofit corporation obtained the nonprofit corporation's articles of 
incorporation through fraud; or
(b)
the nonprofit corporation has continued to exceed or abuse the authority conferred 
upon the nonprofit corporation by law.
(2)
A member or director of a nonprofit corporation may bring an action in a court with 
jurisdiction under Title 78A, Judiciary and Judicial Administration, to dissolve the 
nonprofit corporation if it is established that:
(a)
(i)
the directors are deadlocked in the management of the corporate affairs;
(ii)
the members, if any, are unable to break the deadlock; and
(iii)
irreparable injury to the nonprofit corporation is threatened or being suffered;
(b)
the directors or those in control of the nonprofit corporation have acted, are acting, or 
will act in a manner that is illegal, oppressive, or fraudulent;
(c)
the members are deadlocked in voting power and have failed, for a period that 
includes at least two consecutive annual meeting dates, to elect successors to 
directors whose terms have expired or would have expired upon the election of their 
successors; or
(d)
the corporate assets are being misapplied or wasted.
(3)
A creditor may bring an action in a court with jurisdiction under Title 78A, Judiciary 
and Judicial Administration, to dissolve a nonprofit corporation if it is established that:
(a)
(i)
the creditor's claim has been reduced to judgment;
(ii)
the execution on the judgment has been returned unsatisfied; and
(iii)
the nonprofit corporation is insolvent; or
(b)
(i)
the nonprofit corporation is insolvent; and
(ii)
the nonprofit corporation has admitted in writing that the creditor's claim is due 
and owing.
(4)
(a)
As used in this Subsection (4):
(i)
(A)
"Misconduct claim" means:
(A)
(I)
a claim for wrongful death, fraud, breach of public trust, or an 
intentional tort; or
(B)
(II)
a claim regarding criminal conduct by a director, member, or 
employee of the nonprofit corporation that is a felony offense or an offense 
described in Title 76, Chapter 5, Part 4, Sexual Offenses, Title 76, Chapter 
5b, Sexual Exploitation Act, 
or 
Section 
76-7-102
, Section 
76-9-702
, or 
Section 
76-9-702.1
.
(B)
"Misconduct claim" does not include a claim regarding criminal conduct by a 
director, member, or employee of the nonprofit corporation that is an offense 
described in Section 
76-5-417
 or 
76-5-420
.
(ii)
"Nonprofit corporation" does not include a bona fide church or religious 
organization.
(b)
If a person brings a misconduct claim in an action against a nonprofit corporation, 
the person may also bring an action to dissolve the nonprofit corporation.
(c)
If a person brings a dissolution action under Subsection (4)(b), the court may only 
dissolve the nonprofit corporation if the court finds the nonprofit corporation is liable 
for the misconduct claim.
(d)
Upon a motion by the plaintiff in a dissolution action described in Subsection (4)(b), 
the court may:
(i)
issue an injunction preventing the nonprofit corporation from selling or disposing 
of any assets held by the nonprofit corporation; and
(ii)
require the nonprofit corporation to deposit funds, or post a bond, with the court 
for the amount of damages pleaded in the complaint.
(e)
The court may void a transaction that is made by the nonprofit corporation within 12 
months before the day on which the action was filed with the court if the court finds 
that the transaction is voidable under Section 
25-6-202
.
(5)
If an action is brought under this section, it is not necessary to make directors or 
members parties to the action to dissolve the nonprofit corporation unless relief is sought 
against the members individually.
(6)
In an action under this section, the court may:
(a)
issue injunctions;
(b)
appoint a receiver or a custodian pendente lite with all powers and duties the court 
directs; or
(c)
take other action required to preserve the nonprofit corporation's assets wherever 
located and carry on the business of the nonprofit corporation until a full hearing can 
be held.
(7)
If a nonprofit corporation has been dissolved by voluntary or another action taken under 
this part:
(a)
the nonprofit corporation may bring a proceeding to wind up and liquidate its 
business and affairs under judicial supervision in accordance with Section 
16-6a-1405
; 
and
(b)
the attorney general, a director, a member, a creditor, or a plaintiff under Subsection 
(4) may bring a proceeding to wind up and liquidate the affairs of the nonprofit 
corporation under judicial supervision in accordance with Section 
16-6a-1405
, upon 
establishing the grounds set forth in Subsections (1) through (4).
Section 22, Section 
17-41-403
 is amended to read:
17-41-403
. Nuisances.
(1)
A political subdivision shall ensure that any of the political subdivision's laws or 
ordinances that define or prohibit a public nuisance exclude from the definition or 
prohibition:
(a)
for an agriculture protection area, any agricultural activity or operation within an 
agriculture protection area conducted using sound agricultural practices unless that 
activity or operation bears a direct relationship to public health or safety;
(b)
for an industrial protection area, any industrial use of the land within the industrial 
protection area that is consistent with sound practices applicable to the industrial use, 
unless that use bears a direct relationship to public health or safety; or
(c)
for a critical infrastructure materials protection area, any critical infrastructure 
materials operations on the land within the critical infrastructure materials protection 
area that is consistent with sound practices applicable to the critical infrastructure 
materials operations, unless that use bears a direct relationship to public health or 
safety.
(2)
In a civil action for nuisance or a criminal action for public nuisance under Section 
76-10-803
76-9-1301
, it is a complete defense if the action involves agricultural 
activities and:
(a)
those agricultural activities were:
(i)
conducted within an agriculture protection area; and
(ii)
not in violation of any federal, state, or local law or regulation relating to the 
alleged nuisance or were conducted according to sound agricultural practices; or
(b)
a defense under Section 
4-44-201
 applies.
(3)
(a)
A vested mining use undertaken in conformity with applicable federal and state 
law and regulations is presumed to be operating within sound mining practices.
(b)
A vested mining use that is consistent with sound mining practices:
(i)
is presumed to be reasonable; and
(ii)
may not constitute a private or public nuisance under Section 
76-10-803
76-9-1301
.
(c)
A vested mining use in operation for more than three years may not be considered to 
have become a private or public nuisance because of a subsequent change in the 
condition of land within the vicinity of the vested mining use.
(4)
(a)
For any new subdivision development located in whole or in part within 300 feet of the 
boundary of an agriculture protection area, the owner of the development shall provide notice 
on any plat filed with the county recorder the following notice:
"Agriculture Protection Area
This property is located in the vicinity of an established agriculture protection area in 
which normal agricultural uses and activities have been afforded the highest priority use status. 
It can be anticipated that such agricultural uses and activities may now or in the future be 
conducted on property included in the agriculture protection area. The use and enjoyment of 
this property is expressly conditioned on acceptance of any annoyance or inconvenience which 
may result from such normal agricultural uses and activities."
(b)
For any new subdivision development located in whole or in part within 1,000 feet of the 
boundary of an industrial protection area, the owner of the development shall provide notice 
on any plat filed with the county recorder the following notice:
"Industrial Protection Area
This property is located in the vicinity of an established industrial protection area in 
which normal industrial uses and activities have been afforded the highest priority use status. 
It can be anticipated that such industrial uses and activities may now or in the future be 
conducted on property included in the industrial protection area. The use and enjoyment of 
this property is expressly conditioned on acceptance of any annoyance or inconvenience which 
may result from such normal industrial uses and activities."
(c)
For any new subdivision development located in whole or in part within 1,000 feet of the 
boundary of a critical infrastructure materials protection area, the owner of the development 
shall provide notice on any plat filed with the county recorder the following notice:
"Critical Infrastructure Materials Protection Area
This property is located in the vicinity of an established critical infrastructure materials 
protection area in which critical infrastructure materials operations have been afforded the 
highest priority use status. It can be anticipated that such operations may now or in the future 
be conducted on property included in the critical infrastructure materials protection area. The 
use and enjoyment of this property is expressly conditioned on acceptance of any annoyance or 
inconvenience which may result from such normal critical infrastructure materials operations."
(d)
For any new subdivision development located in whole or in part within 1,000 feet of the 
boundary of a mining protection area, the owner of the development shall provide notice on 
any plat filed with the county recorder the following notice:
"This property is located within the vicinity of an established mining protection area in 
which normal mining uses and activities have been afforded the highest priority use status. It 
can be anticipated that the mining uses and activities may now or in the future be conducted on 
property included in the mining protection area. The use and enjoyment of this property is 
expressly conditioned on acceptance of any annoyance or inconvenience that may result from 
the normal mining uses and activities."
Section 23, Section 
17-50-333
 is amended to read:
17-50-333
. Regulation of retail tobacco specialty business.
(1)
As used in this section:
(a)
"Community location" means:
(i)
a public or private kindergarten, elementary, middle, junior high, or high school;
(ii)
a licensed child-care facility or preschool;
(iii)
a trade or technical school;
(iv)
a church;
(v)
a public library;
(vi)
a public playground;
(vii)
a public park;
(viii)
a youth center or other space used primarily for youth oriented activities;
(ix)
a public recreational facility;
(x)
a public arcade; or
(xi)
for a new license issued on or after July 1, 2018, a homeless shelter.
(b)
"Department" means the Department of Health and Human Services created in 
Section 
26B-1-201
.
(c)
"Electronic cigarette product" means the same as that term is defined in Section 
76-10-101
76-9-1101
.
(d)
"Licensee" means a person licensed under this section to conduct business as a retail 
tobacco specialty business.
(e)
"Local health department" means the same as that term is defined in Section 
26A-1-102
.
(f)
"Nicotine product" means the same as that term is defined in Section 
76-10-101
76-9-1101
.
(g)
"Retail tobacco specialty business" means a commercial establishment in which:
(i)
sales of tobacco products, electronic cigarette products, and nicotine products 
account for more than 35% of the total quarterly gross receipts for the 
establishment;
(ii)
20% or more of the public retail floor space is allocated to the offer, display, or 
storage of tobacco products, electronic cigarette products, or nicotine products;
(iii)
20% or more of the total shelf space is allocated to the offer, display, or storage 
of tobacco products, electronic cigarette products, or nicotine products;
(iv)
the commercial establishment:
(A)
holds itself out as a retail tobacco specialty business; and
(B)
causes a reasonable person to believe the commercial establishment is a retail 
tobacco specialty business; or
(v)
the retail space features a self-service display for tobacco products, electronic 
cigarette products, or nicotine products.
(h)
"Self-service display" means the same as that term is defined in Section 
76-10-105.1
76-9-1107
.
(i)
"Tobacco product" means:
(i)
the same as that term is defined in Section 
76-10-101
76-9-1101
; or
(ii)
tobacco paraphernalia as defined in Section 
76-10-101
76-9-1101
.
(2)
The regulation of a retail tobacco specialty business is an exercise of the police powers 
of the state by the state or by the delegation of the state's police power to other 
governmental entities.
(3)
(a)
A person may not operate a retail tobacco specialty business in a county unless the 
person obtains a license from the county in which the retail tobacco specialty 
business is located.
(b)
A county may only issue a retail tobacco specialty business license to a person if the 
person complies with the provisions of Subsections (4) and (5).
(4)
(a)
Except as provided in Subsection (7), a county may not issue a license for a 
person to conduct business as a retail tobacco specialty business if the retail tobacco 
specialty business is located within:
(i)
1,000 feet of a community location;
(ii)
600 feet of another retail tobacco specialty business; or
(iii)
600 feet from property used or zoned for:
(A)
agriculture use; or
(B)
residential use.
(b)
For purposes of Subsection (4)(a), the proximity requirements shall be measured in a 
straight line from the nearest entrance of the retail tobacco specialty business to the 
nearest property boundary of a location described in Subsections (4)(a)(i) through (iii), 
without regard to intervening structures or zoning districts.
(5)
A county may not issue or renew a license for a person to conduct business as a retail 
tobacco specialty business until the person provides the county with proof that the retail 
tobacco specialty business has:
(a)
a valid permit for a retail tobacco specialty business issued under Title 26B, Chapter 
7, Part 5, Regulation of Smoking, Tobacco Products, and Nicotine Products, by the 
local health department having jurisdiction over the area in which the retail tobacco 
specialty business is located; and
(b)
(i)
for a retailer that sells a tobacco product, a valid license issued by the State Tax 
Commission in accordance with Section 
59-14-201
 or 
59-14-301
 to sell a tobacco 
product; or
(ii)
for a retailer that sells an electronic cigarette product or a nicotine product, a valid 
license issued by the State Tax Commission in accordance with Section 
59-14-803
to sell an electronic cigarette product or a nicotine product.
(6)
(a)
Nothing in this section:
(i)
requires a county to issue a retail tobacco specialty business license; or
(ii)
prohibits a county from adopting more restrictive requirements on a person 
seeking a license or renewal of a license to conduct business as a retail tobacco 
specialty business.
(b)
A county may suspend or revoke a retail tobacco specialty business license issued 
under this section:
(i)
if a licensee engages in a pattern of unlawful activity under 
Title 76, Chapter 10, 
Part 16, Pattern of Unlawful Activity Act
Title 76, Chapter 17, Part 4, Offenses 
Concerning a Pattern of Unlawful Activity
;
(ii)
if a licensee violates federal law or federal regulations restricting the sale and 
distribution of tobacco products or electronic cigarette products to protect children 
and adolescents;
(iii)
upon the recommendation of the department or a local health department under 
Title 26B, Chapter 7, Part 5, Regulation of Smoking, Tobacco Products, and 
Nicotine Products; or
(iv)
under any other provision of state law or local ordinance.
(7)
(a)
Except as provided in Subsection (7)(e), a retail tobacco specialty business is 
exempt from Subsection (4) if:
(i)
on or before December 31, 2018, the retail tobacco specialty business was issued a 
license to conduct business as a retail tobacco specialty business;
(ii)
the retail tobacco specialty business is operating in a county in accordance with 
all applicable laws except for the requirement in Subsection (4); and
(iii)
beginning July 1, 2022, the retail tobacco specialty business is not located within 
1,000 feet of a public or private kindergarten, elementary, middle, junior high, or 
high school.
(b)
A retail tobacco specialty business may maintain an exemption under Subsection 
(7)(a) if:
(i)
the license described in Subsection (7)(a)(i) is renewed continuously without lapse 
or permanent revocation;
(ii)
the retail tobacco specialty business does not close for business or otherwise 
suspend the sale of tobacco products, electronic cigarette products, or nicotine 
products for more than 60 consecutive days;
(iii)
the retail tobacco specialty business does not substantially change the business 
premises or business operation; and
(iv)
the retail tobacco specialty business maintains the right to operate under the 
terms of other applicable laws, including:
(A)
Title 26, Chapter 38, Utah Indoor Clean Air Act;
(B)
zoning ordinances;
(C)
building codes; and
(D)
the requirements of the license described in Subsection (7)(a)(i).
(c)
A retail tobacco specialty business that does not qualify for an exemption under 
Subsection (7)(a) is exempt from Subsection (4) if:
(i)
on or before December 31, 2018, the retail tobacco specialty business was issued a 
general tobacco retailer permit or a retail tobacco specialty business permit under 
Title 26, Chapter 62, Tobacco, Electronic Cigarette, and Nicotine Product Retail 
Permit, by the local health department having jurisdiction over the area in which 
the retail tobacco specialty business is located;
(ii)
the retail tobacco specialty business is operating in the county in accordance with 
all applicable laws except for the requirement in Subsection (4); and
(iii)
beginning July 1, 2022, the retail tobacco specialty business is not located within 
1,000 feet of a public or private kindergarten, elementary, middle, junior high, or 
high school.
(d)
A retail tobacco specialty business may maintain an exemption under Subsection 
(7)(c) if:
(i)
on or before December 31, 2020, the retail tobacco specialty business receives a 
retail tobacco specialty business permit from the local health department having 
jurisdiction over the area in which the retail tobacco specialty business is located;
(ii)
the permit described in Subsection (7)(d)(i) is renewed continuously without 
lapse or permanent revocation;
(iii)
the retail tobacco specialty business does not close for business or otherwise 
suspend the sale of tobacco products, electronic cigarette products, or nicotine 
products for more than 60 consecutive days;
(iv)
the retail tobacco specialty business does not substantially change the business 
premises or business operation as the business existed when the retail tobacco 
specialty business received a permit under Subsection (7)(d)(i); and
(v)
the retail tobacco specialty business maintains the right to operate under the terms 
of other applicable laws, including:
(A)
Title 26, Chapter 38, Utah Indoor Clean Air Act;
(B)
zoning ordinances;
(C)
building codes; and
(D)
the requirements of the retail tobacco permit described in Subsection (7)(d)(i).
(e)
A retail tobacco specialty business described in Subsection (7)(a) or (b) that is 
located within 1,000 feet of a public or private kindergarten, elementary, middle, 
junior high, or high school before July 1, 2022, is exempt from Subsection 
(4)(a)(iii)(B) if the retail tobacco specialty business:
(i)
relocates, before July 1, 2022, to a property that is used or zoned for commercial 
use and located within a group of architecturally unified commercial 
establishments built on a site that is planned, developed, owned, and managed as 
an operating unit; and
(ii)
continues to meet the requirements described in Subsection (7)(b) that are not 
directly related to the relocation described in this Subsection (7)(e).
Section 24, Section 
19-2-114
 is amended to read:
19-2-114
. Activities not in violation of chapter or rules.
(1)
As used in this section, "attainment area" means an area that meets the national primary 
and secondary ambient air quality standard for pollution.
(2)
The following are not a violation of this chapter or of a rule made under this chapter:
(a)
burning incident to horticultural or agricultural operations of:
(i)
prunings from trees, bushes, and plants; or
(ii)
dead or diseased trees, bushes, and plants, including stubble;
(b)
burning of weed growth along ditch banks incident to clearing these ditches for 
irrigation purposes;
(c)
controlled heating of orchards or other crops to lessen the chances of their being 
frozen so long as the emissions from this heating do not violate minimum standards 
set by the board; and
(d)
the controlled burning of not more than two structures per year by an organized and 
operating fire department for the purpose of training fire service personnel when the 
United States Weather Service clearing index for the area where the burn is to occur 
is above 500.
(3)
(a)
The board or division may not prohibit a burn during the time period beginning 
November 1 and ending March 31 if the burn:
(i)
occurs in an attainment area;
(ii)
occurs on private property within an incorporated portion of a county;
(iii)
occurs when the United States Weather Service clearing index for the area in 
which the burn is to occur is above 250;
(iv)
is the open burning of clippings, bushes, plants, prunings from trees, or dead or 
diseased trees, bushes, and plants, that are:
(A)
incident to property and residential clean-up activities; and
(B)
thoroughly dry;
(v)
does not include trash, rubbish, tires, or oil in the material to be burned, used to 
start the burn, or used to keep a fire burning; and
(vi)
does not create a nuisance as defined in Section 
76-10-803
76-9-1301
.
(b)
Notwithstanding Subsection (3)(a), the board by rule, made in accordance with Title 
63G, Chapter 3, Utah Administrative Rulemaking Act, may establish the process for 
issuing a burn permit under this chapter.
Section 25, Section 
19-6-429
 is amended to read:
19-6-429
. False information and claims.
(1)
Any person who presents or causes to be presented any oral or written statement, 
knowing the statement contains false information, in order to obtain a certificate of 
compliance is guilty of a class B misdemeanor.
(2)
(a)
Any person who presents or causes to be presented any claim for payment from 
the fund, knowing the claim contains materially false information or knowing the 
claim is not eligible for payment from the fund, is subject to the criminal penalties 
under Section 
76-10-1801
76-6-525
 regarding fraud.
(b)
The level of criminal penalty shall be determined by the value involved, in the same 
manner as in Section 
76-10-1801
76-6-525
.
Section 26, Section 
23A-4-1106
 is amended to read:
23A-4-1106
. Suspension of license or permit privileges -- Suspension of 
certificates of registration.
(1)
As used in this section:
(a)
"License or permit privileges" means the privilege of applying for, purchasing, and 
exercising the benefits conferred by a license or permit issued by the division.
(b)
"Livestock guardian dog" means the same as that term is defined in Section 
76-6-111
.
(2)
A hearing officer, appointed by the division, may suspend a person's license or permit 
privileges if:
(a)
in a court of law, the person:
(i)
is convicted of:
(A)
violating this title or a rule of the Wildlife Board;
(B)
killing or injuring domestic livestock or a livestock guardian dog while 
engaged in an activity regulated under this title;
(C)
violating Section 
76-6-111
; or
(D)
violating Section 
76-10-508
76-11-207
 while engaged in an activity 
regulated under this title;
(ii)
enters into a plea in abeyance agreement, in which the person pleads guilty or no 
contest to an offense listed in Subsection 
(2)(a)(i)
, and the plea is held in 
abeyance; or
(iii)
is charged with committing an offense listed in Subsection 
(2)(a)(i)
, and the 
person enters into a diversion agreement which suspends the prosecution of the 
offense; and
(b)
the hearing officer determines the person committed the offense intentionally, 
knowingly, or recklessly, as defined in Section 
76-2-103
.
(3)
(a)
The Wildlife Board shall make rules establishing guidelines that a hearing officer 
shall consider in determining:
(i)
the type of license or permit privileges to suspend; and
(ii)
the duration of the suspension.
(b)
The Wildlife Board shall ensure that the guidelines established under Subsection 
(3)(a)
 are consistent with Subsections 
(4)
, 
(5)
, and 
(6)
.
(4)
Except as provided in Subsections 
(5)
 and 
(6)
, a hearing officer may suspend a person's 
license or permit privileges according to Subsection 
(2)
 for a period of time not to 
exceed:
(a)
seven years for:
(i)
a felony conviction;
(ii)
a plea of guilty or no contest to an offense punishable as a felony, which plea is 
held in abeyance pursuant to a plea in abeyance agreement; or
(iii)
being charged with an offense punishable as a felony, the prosecution of which is 
suspended pursuant to a diversion agreement;
(b)
five years for:
(i)
a class A misdemeanor conviction;
(ii)
a plea of guilty or no contest to an offense punishable as a class A misdemeanor, 
which plea is held in abeyance pursuant to a plea in abeyance agreement; or
(iii)
being charged with an offense punishable as a class A misdemeanor, the 
prosecution of which is suspended pursuant to a diversion agreement;
(c)
three years for:
(i)
a class B misdemeanor conviction;
(ii)
a plea of guilty or no contest to an offense punishable as a class B misdemeanor 
when the plea is held in abeyance according to a plea in abeyance agreement; or
(iii)
being charged with an offense punishable as a class B misdemeanor, the 
prosecution of which is suspended pursuant to a diversion agreement; and
(d)
one year for:
(i)
a class C misdemeanor conviction;
(ii)
a plea of guilty or no contest to an offense punishable as a class C misdemeanor, 
when the plea is held in abeyance according to a plea in abeyance agreement; or
(iii)
being charged with an offense punishable as a class C misdemeanor, the 
prosecution of which is suspended according to a diversion agreement.
(5)
The hearing officer may double a suspension period established in Subsection 
(4)
 for 
offenses:
(a)
committed in violation of an existing suspension or revocation order issued by the 
courts, division, or Wildlife Board; or
(b)
involving the unlawful taking of a trophy animal, as defined in Section 
23A-1-101
.
(6)
(a)
A hearing officer may suspend, according to Subsection 
(2)
, a person's license or 
permit privileges for a particular license or permit only once for each single criminal 
episode, as defined in Section 
76-1-401
.
(b)
If a hearing officer addresses two or more single criminal episodes in a hearing, the 
suspension periods of license or permit privileges of the same type suspended, 
according to Subsection 
(2)
, may run consecutively.
(c)
If a hearing officer suspends, according to Subsection 
(2)
, license or permit 
privileges of the type that have been previously suspended by a court, a hearing 
officer, or the Wildlife Board and the suspension period has not expired, the 
suspension periods may run consecutively.
(7)
(a)
A hearing officer, appointed by the division, may suspend a person's privilege of 
applying for, purchasing, and exercising the benefits conferred by a certificate of 
registration if:
(i)
the hearing officer determines the person intentionally, knowingly, or recklessly, 
as defined in Section 
76-2-103
, violated:
(A)
this title;
(B)
a rule or order of the Wildlife Board;
(C)
the terms of a certificate of registration; or
(D)
the terms of a certificate of registration application or agreement; or
(ii)
the person, in a court of law:
(A)
is convicted of an offense that the hearing officer determines bears a 
reasonable relationship to the person's ability to safely and responsibly perform 
the activities authorized by the certificate of registration;
(B)
pleads guilty or no contest to an offense that the hearing officer determines 
bears a reasonable relationship to the person's ability to safely and responsibly 
perform the activities authorized by the certificate of registration, and the plea 
is held in abeyance in accordance with a plea in abeyance agreement; or
(C)
is charged with an offense that the hearing officer determines bears a 
reasonable relationship to the person's ability to safely and responsibly perform 
the activities authorized by the certificate of registration, and prosecution of the 
offense is suspended in accordance with a diversion agreement.
(b)
A hearing officer shall suspend a certificate of registration for the harvesting of brine 
shrimp eggs, as defined in Section 
59-23-3
, if the hearing officer determines the 
holder of the certificate of registration has violated Section 
59-23-5
.
(8)
(a)
The director shall appoint a qualified person as a hearing officer to perform the 
adjudicative functions provided in this section.
(b)
The director may not appoint a division employee who investigates or enforces 
wildlife violations.
(9)
(a)
The courts may suspend, in criminal sentencing, a person's privilege to apply for, 
purchase, or exercise the benefits conferred by a license, permit, or certificate of 
registration.
(b)
The courts shall promptly notify the division of suspension orders or 
recommendations entered.
(c)
The division, upon receiving notification of suspension from the courts, shall prohibit 
the person from applying for, purchasing, or exercising the benefits conferred by a 
license, permit, or certification of registration for the duration and of the type 
specified in the court order.
(d)
The hearing officer shall consider a recommendation made by a sentencing court 
concerning suspension before issuing a suspension order.
(10)
Before suspension under this section, the division shall give a person:
(a)
written notice of action the division intends to take; and
(b)
an opportunity for a hearing.
(11)
(a)
A person may file an appeal of a hearing officer's decision with the Wildlife 
Board.
(b)
The Wildlife Board shall review the hearing officer's findings and conclusions and 
any written documentation submitted at the hearing.
(c)
The Wildlife Board may:
(i)
take no action;
(ii)
vacate or remand the decision; or
(iii)
amend the period or type of suspension.
(12)
The division shall suspend and reinstate all hunting, fishing, trapping, and falconry 
privileges consistent with 
Chapter 2, Part 5, Wildlife Violator Compact
.
(13)
Within 30 days after the day on which an individual's privilege to hunt or fish is 
suspended under this title, the division shall report to the Division of Professional 
Licensing the:
(a)
identifying information for the individual; and
(b)
time period of the suspension.
(14)
The Wildlife Board may make rules to implement this section in accordance with 
Title 
63G, Chapter 3, Utah Administrative Rulemaking Act
.
Section 27, Section 
23A-13-303
 is amended to read:
23A-13-303
. Nuisances.
(1)
(a)
A county shall exclude the activities described in Subsection 
(1)(b)
 from the 
definition of public nuisance in a county law or ordinance regulating a public 
nuisance.
(b)
An activity or occurrence normally associated with a migratory bird production area 
is not a nuisance, including:
(i)
hunting;
(ii)
discharging a firearm;
(iii)
improving habitat;
(iv)
trapping;
(v)
eradicating weeds;
(vi)
discing;
(vii)
planting;
(viii)
impounding water;
(ix)
raising a bird or other domestic animal;
(x)
grazing;
(xi)
an activity conducted in the normal course of an agricultural operation as defined 
in Section 
4-44-102
; and
(xii)
an odor.
(2)
In a civil action for nuisance or a criminal action for public nuisance under Section 
76-10-803
76-9-1301
, it is a complete defense if the action is:
(a)
normally associated with a migratory bird production area;
(b)
conducted within a migratory bird production area; and
(c)
not in violation of federal or state law.
(3)
An owner of a new development located in whole or in part within 1,000 feet of a 
migratory bird production area shall provide the following notice on a plat filed with the 
county recorder:
"Migratory Bird Production Area
This property is located in the vicinity of an established migratory bird production area 
in which hunting and activities related to the management and operation of land for the benefit 
of migratory birds have been afforded the highest priority use status. It can be anticipated that 
these uses and activities may now or in the future be conducted on land within the migratory 
bird production area. The use and enjoyment of this property is expressly conditioned on 
acceptance of any annoyance or inconvenience that may result from activities normally 
associated with a migratory bird production area."
Section 28, Section 
26B-2-120
 is amended to read:
26B-2-120
. Background check -- Direct access to children or vulnerable adults.
(1)
As used in this section:
(a)
(i)
"Applicant" means an individual who is associated with a certification, 
contract, or licensee with the department under this part and has direct access, 
including:
(A)
an adoptive parent or prospective adoptive parent, including an applicant for 
an adoption in accordance with Section 
78B-6-128
;
(B)
a foster parent or prospective foster parent;
(C)
an individual who provides respite care to a foster parent or an adoptive parent 
on more than one occasion;
(D)
an individual who transports a child for a youth transportation company;
(E)
an individual who provides certified peer support, as defined in Section 
26B-5-610
;
(F)
an individual who provides peer supports, has a disability or a family member 
with a disability, or is in recovery from a mental illness or a substance use 
disorder;
(G)
an individual who has lived experience with the services provided by the 
department, and uses that lived experience to provide support, guidance, or 
services to promote resiliency and recovery;
(H)
an individual who is identified as a mental health professional, licensed under 
Title 58, Chapter 60, Mental Health Professional Practice Act, and engaged in 
the practice of mental health therapy, as defined in Section 
58-60-102
;
(I)
an individual, other than the child or vulnerable adult receiving the service, 
who is 12 years old or older and resides in a home, that is licensed or certified 
by the division;
(J)
an individual who is 12 years old or older and is associated with a certification, 
contract, or licensee with the department under this part and has or will likely 
have direct access;
(K)
a foster home licensee that submits an application for an annual background 
screening as required by Subsection 
26B-2-105(4)(d)(iii)
; or
(L)
a short-term relief care provider.
(ii)
"Applicant" does not include:
(A)
an individual who is in the custody of the Division of Child and Family 
Services or the Division of Juvenile Justice and Youth Services;
(B)
an individual who applies for employment with, or is employed by, the 
Department of Health and Human Services;
(C)
a parent of a person receiving services from the Division of Services for 
People with Disabilities, if the parent provides direct care to and resides with 
the person, including if the parent provides direct care to and resides with the 
person pursuant to a court order; or
(D)
an individual or a department contractor who provides services in an adults 
only substance use disorder program, as defined by rule adopted by the 
Department of Health and Human Services in accordance with Title 63G, 
Chapter 3, Utah Administrative Rulemaking Act, and who is not a program 
director or a member, as defined by Section 
26B-2-105
, of the program.
(b)
"Application" means a background check application to the office.
(c)
"Bureau" means the Bureau of Criminal Identification within the Department of 
Public Safety, created in Section 
53-10-201
.
(d)
"Criminal finding" means a record of:
(i)
an arrest for a criminal offense; 
(ii)
a warrant for a criminal arrest;
(iii)
charges for a criminal offense; or
(iv)
a criminal conviction.
(e)
"Direct access" means that an individual has, or likely will have:
(i)
contact with or access to a child or vulnerable adult by which the individual will 
have the opportunity for personal communication or touch with the child or 
vulnerable adult; or
(ii)
an opportunity to view medical, financial, or other confidential personal 
identifying information of the child, the child's parent or legal guardian, or the 
vulnerable adult.
(f)
(i)
"Direct access qualified" means that the applicant has an eligible determination 
by the office within the license and renewal time period; and
(ii)
no more than 180 days have passed since the date on which the applicant's 
association with a certification, contract, or licensee with the department expires.
(g)
"Incidental care" means occasional care, not in excess of five hours per week and 
never overnight, for a foster child. 
(h)
"Licensee" means an individual or a human services program licensed by the 
division.
(i)
"Non-criminal finding" means a record maintained in:
(i)
the Division of Child and Family Services' Management Information System 
described in Section 
80-2-1001
;
(ii)
the Division of Child and Family Services' Licensing Information System 
described in Section 
80-2-1002
;
(iii)
the Division of Aging and Adult Services' vulnerable adult abuse, neglect, or 
exploitation database described in Section 
26B-6-210
;
(iv)
juvenile court arrest, adjudication, and disposition records;
(v)
the Sex, Kidnap, and Child Abuse Offender Registry described in Title 77, 
Chapter 41, Sex, Kidnap, and Child Abuse Offender Registry, or a national sex 
offender registry; or
(vi)
a state child abuse or neglect registry.
(j)
"Office" means the Office of Background Processing within the department.
(k)
"Personal identifying information" means:
(i)
current name, former names, nicknames, and aliases;
(ii)
date of birth;
(iii)
physical address and email address;
(iv)
telephone number;
(v)
driver license or other government-issued identification;
(vi)
social security number;
(vii)
only for applicants who are 18 years old or older, fingerprints, in a form 
specified by the office; and
(viii)
other information specified by the office by rule made in accordance with Title 
63G, Chapter 3, Utah Administrative Rulemaking Act.
(2)
Except as provided in Subsection (12), an applicant or a representative shall submit the 
following to the office:
(a)
personal identifying information;
(b)
a fee established by the office under Section 
63J-1-504
;
(c)
a disclosure form, specified by the office, for consent for:
(i)
an initial background check upon association with a certification, contract, or 
licensee with the department;
(ii)
ongoing monitoring of fingerprints and registries until no longer associated with a 
certification, contract, or licensee with the department for 180 days;
(iii)
a background check when the office determines that reasonable cause exists; and
(iv)
retention of personal identifying information, including fingerprints, for 
monitoring and notification as described in Subsections (3)(c) and (4);
(d)
if an applicant resided outside of the United States and its territories during the five 
years immediately preceding the day on which the information described in 
Subsections (2)(a) through (c) is submitted to the office, documentation establishing 
whether the applicant was convicted of a crime during the time that the applicant 
resided outside of the United States or its territories; and
(e)
an application showing an applicant's association with a certification, contract, or a 
licensee with the department, for the purpose of the office tracking the direct access 
qualified status of the applicant, which expires 180 days after the date on which the 
applicant is no longer associated with a certification, contract, or a licensee with the 
department.
(3)
The office:
(a)
shall perform the following duties as part of a background check of an applicant 
before the office grants or denies direct access qualified status to an applicant:
(i)
check state and regional criminal background databases for the applicant's 
criminal history by:
(A)
submitting personal identifying information to the bureau for a search; or
(B)
using the applicant's personal identifying information to search state and 
regional criminal background databases as authorized under Section 
53-10-108
;
(ii)
submit the applicant's personal identifying information and fingerprints to the 
bureau for a criminal history search of applicable national criminal background 
databases;
(iii)
search the Division of Child and Family Services' Licensing Information System 
described in Section 
80-2-1002
;
(iv)
search the Sex, Kidnap, and Child Abuse Offender Registry described in Title 
77, Chapter 41, Sex, Kidnap, and Child Abuse Offender Registry, or a national 
sex offender registry for an applicant 18 years old or older;
(v)
if the applicant is associated with a licensee for a prospective foster or adoptive 
parent, search the Division of Child and Family Services' Management 
Information System described in Section 
80-2-1001
;
(vi)
search the Division of Aging and Adult Services' vulnerable adult abuse, neglect, 
or exploitation database described in Section 
26B-6-210
;
(vii)
search the juvenile court records for substantiated findings of severe child abuse 
or neglect described in Section 
80-3-404
; and
(viii)
search the juvenile court arrest, adjudication, and disposition records, as 
provided under Section 
78A-6-209
;
(b)
may conduct all or portions of a background check in connection with determining 
whether an applicant is direct access qualified, as provided by rule, made by the 
office in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
(i)
for an annual renewal; or
(ii)
when the office determines that reasonable cause exists;
(c)
may submit an applicant's personal identifying information, including fingerprints, to 
the bureau for checking, retaining, and monitoring of state and national criminal 
background databases and for notifying the office of new criminal activity associated 
with the applicant;
(d)
shall track the status of an applicant under this section to ensure that the applicant is 
not required to duplicate the submission of the applicant's fingerprints if the applicant 
is associated with more than one certification, contract, or licensee with the 
department;
(e)
shall notify the bureau when a direct access qualified individual has not been 
associated with a certification, contract, or licensee with the department for a period 
of 180 days;
(f)
shall adopt measures to strictly limit access to personal identifying information solely 
to the individuals responsible for processing and entering the applications for 
background checks and to protect the security of the personal identifying information 
the office reviews under this Subsection (3);
(g)
as necessary to comply with the federal requirement to check a state's child abuse 
and neglect registry regarding any applicant working in a congregate care program, 
shall:
(i)
search the Division of Child and Family Services' Licensing Information System 
described in Section 
80-2-1002
; and
(ii)
require the child abuse and neglect registry be checked in each state where an 
applicant resided at any time during the five years immediately preceding the day 
on which the application is submitted to the office; and
(h)
shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative 
Rulemaking Act, to implement the provisions of this Subsection (3) relating to 
background checks.
(4)
(a)
With the personal identifying information the office submits to the bureau under 
Subsection (3), the bureau shall check against state and regional criminal background 
databases for the applicant's criminal history.
(b)
With the personal identifying information and fingerprints the office submits to the 
bureau under Subsection (3), the bureau shall check against national criminal 
background databases for the applicant's criminal history.
(c)
Upon direction from the office, and with the personal identifying information and 
fingerprints the office submits to the bureau under Subsection (3)(c), the bureau shall:
(i)
maintain a separate file of the fingerprints for search by future submissions to the 
local and regional criminal records databases, including latent prints; and
(ii)
monitor state and regional criminal background databases and identify criminal 
activity associated with the applicant.
(d)
The bureau is authorized to submit the fingerprints to the Federal Bureau of 
Investigation Next Generation Identification System, to be retained in the Federal 
Bureau of Investigation Next Generation Identification System for the purpose of:
(i)
being searched by future submissions to the national criminal records databases, 
including the Federal Bureau of Investigation Next Generation Identification 
System and latent prints; and
(ii)
monitoring national criminal background databases and identifying criminal 
activity associated with the applicant.
(e)
The Bureau shall notify and release to the office all information of criminal activity 
associated with the applicant.
(f)
Upon notice that an individual who has direct access qualified status will no longer 
be associated with a certification, contract, or licensee with the department, the 
bureau shall:
(i)
discard and destroy any retained fingerprints; and
(ii)
notify the Federal Bureau of Investigation when the license has expired or an 
individual's direct access to a child or a vulnerable adult has ceased, so that the 
Federal Bureau of Investigation will discard and destroy the retained fingerprints 
from the Federal Bureau of Investigation Next Generation Identification System.
(5)
(a)
Except as provided in Subsection (5)(b), the office shall deny direct access 
qualified status to an applicant who, within three years from the date on which the 
office conducts the background check, was convicted of:
(i)
a felony or misdemeanor involving conduct that constitutes any of the following:
(A)
an offense identified as domestic violence, lewdness, voyeurism, battery, 
cruelty to animals, or bestiality;
(B)
a violation of any pornography law, including sexual exploitation of a minor 
or aggravated sexual exploitation of a minor;
(C)
sexual solicitation or prostitution;
(D)
a violent offense committed in the presence of a child, as described in Section 
76-3-203.10
;
(E)
an offense included in Title 76, Chapter 4, Part 4, Enticement of a Minor;
(F)
(E)
an offense included in Title 76, Chapter 5, 
Offenses Against the 
Individual
Part 1, 2, 3, 4, or 7
;
(G)
(F)
an offense included in Title 76, Chapter 5b, Sexual Exploitation Act
, 
other than Section 
76-5b-206
;
(H)
(G)
an offense included in Title 76, Chapter 7, Offenses Against the Family;
(I)
(H)
an offense included in 
Title 76, Chapter 9, Part 4, Offenses Against 
Privacy
Title 76, Chapter 12, Part 3, Privacy Offenses
;
(J)
(I)
an offense included in 
Title 76, Chapter 10, Part 4, Weapons of Mass 
Destruction
Title 76, Chapter 15, Part 3, Weapons of Mass Destruction
;
(K)
(J)
an offense included in Title 78B, Chapter 7, Protective Orders and 
Stalking Injunctions;
(L)
(K)
aggravated arson, as described in Section 
76-6-103
;
(M)
(L)
aggravated burglary, as described in Section 
76-6-203
;
(N)
(M)
aggravated exploitation of prostitution, as described in Section 
76-10-1306
76-5d-208
;
(O)
(N)
aggravated robbery, as described in Section 
76-6-302
;
(P)
(O)
endangering persons in a human services program, as described in 
Section 
26B-2-113
;
(Q)
(P)
failure to report, as described in Section 
80-2-609
;
(R)
(Q)
identity fraud crime, as described in Section 
76-6-1102
;
(S)
leaving a child unattended in a motor vehicle, as described in Section 
76-10-2202
;
(T)
(R)
riot, as described in Section 
76-9-101
;
 or
(U)
sexual battery, as described in Section 
76-9-702.1
; or
(V)
(S)
threatening with or using a dangerous weapon in a fight or quarrel, as 
described in Section 
76-10-506
76-11-205
; or
(ii)
a felony or misdemeanor offense committed outside of the state that, if committed 
in the state, would constitute a violation of an offense described in Subsection 
(5)(a)(i).
(b)
(i)
Subsection (5)(a) does not apply to an applicant who is seeking a position as a 
peer support provider or a mental health professional, if the applicant provides 
services in a program that serves only adults with a primary mental health 
diagnosis, with or without a co-occurring substance use disorder.
(ii)
The office shall conduct a comprehensive review of an applicant described in 
Subsection (5)(b)(i) in accordance with Subsection (7).
(c)
The office shall deny direct access qualified status to an applicant if the office finds 
that a court order prohibits the applicant from having direct access to a child or 
vulnerable adult.
(6)
The office shall conduct a comprehensive review of an applicant's background check if 
the applicant:
(a)
has a felony or class A misdemeanor conviction that is more than three years from 
the date on which the office conducts the background check, for an offense described 
in Subsection 
(5)(a)
;
(b)
has a felony charge or conviction that is no more than 10 years from the date on 
which the office conducts the background check for an offense not described in 
Subsection (5)(a);
(c)
has a felony charge or conviction that is more than 10 years from the date on which 
the office conducts the background check, for an offense not described in Subsection 
(5)(a)
, with criminal or non-criminal findings after the date of the felony charge or 
conviction;
(d)
has a class B misdemeanor or class C misdemeanor conviction that is more than 
three years and no more than 10 years from the date on which the office conducts the 
background check for an offense described in Subsection 
(5)(a)
;
(e)
has a class B misdemeanor or class C misdemeanor conviction that is more than 10 
years from the date on which the office conducts the background check, for an 
offense described in Subsection 
(5)(a)
, with criminal or non-criminal findings after 
the date of conviction;
(f)
has a misdemeanor charge or conviction that is no more than three years from the 
date on which the office conducts the background check for an offense not described 
in Subsection (5)(a);
(g)
has a misdemeanor charge or conviction that is more than three years from the date 
on which the office conducts the background check, for an offense not described in 
Subsection 
(5)
(a), with criminal or non-criminal findings after the date of charge or 
conviction;
(h)
is currently subject to a plea in abeyance or diversion agreement for an offense 
described in Subsection (5)(a);
(i)
appears on the Sex, Kidnap, and Child Abuse Offender Registry described in Title 
77, Chapter 41, Sex, Kidnap, and Child Abuse Offender Registry, or a national sex 
offender registry;
(j)
has a record of an adjudication in juvenile court for an act that, if committed by an 
adult, would be a felony or misdemeanor, if the applicant is:
(i)
under 28 years old; or
(ii)
28 years old or older and has been convicted of, has pleaded no contest to, or is 
currently subject to a plea in abeyance or diversion agreement for a felony or a 
misdemeanor offense described in Subsection (5)(a);
(k)
has a pending charge for an offense described in Subsection (5)(a);
(l)
has a listing that occurred no more than 15 years from the date on which the office 
conducts the background check in the Division of Child and Family Services' 
Licensing Information System described in Section
;
(m)
has a listing that occurred more than 15 years from the date on which the office 
conducts the background check in the Division of Child and Family Services' 
Licensing Information System described in Section 
80-2-1002
, with criminal or 
non-criminal findings after the date of the listing;
(n)
has a listing that occurred no more than 15 years from the date on which the office 
conducts the background check in the Division of Aging and Adult Services' 
vulnerable adult abuse, neglect, or exploitation database described in Section 
26B-6-210
;
(o)
has a listing that occurred more than 15 years from the date on which the office 
conducts the background check in the Division of Aging and Adult Services' 
vulnerable adult abuse, neglect, or exploitation database described in Section 
26B-6-210
, with criminal or non-criminal findings after the date of the listing;
(p)
has a substantiated finding that occurred no more than 15 years from the date on 
which the office conducts the background check of severe child abuse or neglect 
under Section 
80-3-404
 or 
80-3-504
; or
(q)
has a substantiated finding that occurred more than 15 years from the date on which 
the office conducts the background check of severe child abuse or neglect under 
Section 
80-3-404
 or 
80-3-504
, with criminal or non-criminal findings after the date of 
the listing.
(7)
(a)
The comprehensive review shall include an examination of:
(i)
the date of the offense or incident;
(ii)
the nature and seriousness of the offense or incident;
(iii)
the circumstances under which the offense or incident occurred;
(iv)
the age of the perpetrator when the offense or incident occurred;
(v)
whether the offense or incident was an isolated or repeated incident;
(vi)
whether the offense or incident directly relates to abuse of a child or vulnerable 
adult, including:
(A)
actual or threatened, nonaccidental physical, mental, or financial harm;
(B)
sexual abuse;
(C)
sexual exploitation; or
(D)
negligent treatment;
(vii)
any evidence provided by the applicant of rehabilitation, counseling, psychiatric 
treatment received, or additional academic or vocational schooling completed;
(viii)
the applicant's risk of harm to clientele in the program or in the capacity for 
which the applicant is applying; and
(ix)
if the background check of an applicant is being conducted for the purpose of 
giving direct access qualified status to an applicant seeking a position in a 
congregate care program or to become a prospective foster or adoptive parent, any 
listing in the Division of Child and Family Services' Management Information 
System described in Section 
80-2-1001
.
(b)
At the conclusion of the comprehensive review, the office shall deny direct access 
qualified status to an applicant if the office finds the approval would likely create a 
risk of harm to a child or vulnerable adult.
(8)
The office shall grant direct access qualified status to an applicant who is not denied 
under this section.
(9)
(a)
The office may conditionally grant direct access qualified status to an applicant, 
for a maximum of 60 days after the day on which the office sends written notice, 
without requiring that the applicant be directly supervised, if the office:
(i)
is awaiting the results of the criminal history search of national criminal 
background databases; and
(ii)
would otherwise grant direct access qualified status to the applicant under this 
section.
(b)
The office may conditionally grant direct access qualified status to an applicant, for a 
maximum of one year after the day on which the office sends written notice, without 
requiring that the applicant be directly supervised if the office:
(i)
is awaiting the results of an out-of-state registry for providers other than foster and 
adoptive parents; and
(ii)
would otherwise grant direct access qualified status to the applicant under this 
section.
(c)
Upon receiving the results of the criminal history search of a national criminal 
background database, the office shall grant or deny direct access qualified status to 
the applicant in accordance with this section.
(10)
(a)
Each time an applicant is associated with a licensee, the department shall review 
the current status of the applicant's background check to ensure the applicant is still 
eligible for direct access qualified status in accordance with this section.
(b)
A licensee may not permit an individual to have direct access to a child or a 
vulnerable adult without being directly supervised unless:
(i)
the individual is the parent or guardian of the child, or the guardian of the 
vulnerable adult;
(ii)
the individual is approved by the parent or guardian of the child, or the guardian 
of the vulnerable adult, to have direct access to the child or the vulnerable adult;
(iii)
the individual is only permitted to have direct access to a vulnerable adult who 
voluntarily invites the individual to visit; or
(iv)
the individual only provides incidental care for a foster child on behalf of a foster 
parent who has used reasonable and prudent judgment to select the individual to 
provide the incidental care for the foster child. 
(c)
Notwithstanding any other provision of this section, an applicant who is denied direct 
access qualified status shall not have direct access to a child or vulnerable adult 
unless the office grants direct access qualified status to the applicant through a 
subsequent application in accordance with this section.
(11)
If the office denies direct access qualified status to an applicant, the applicant may 
request a hearing in the department's Office of Administrative Hearings to challenge the 
office's decision.
(12)
(a)
This Subsection 
(12)
 applies to an applicant associated with a certification, 
contract, or licensee serving adults only.
(b)
A program director or a member, as defined in Section 
26B-2-105
, of the licensee 
shall comply with this section.
(c)
The office shall conduct a comprehensive review for an applicant if:
(i)
the applicant is seeking a position:
(A)
as a peer support provider;
(B)
as a mental health professional; or
(C)
in a program that serves only adults with a primary mental health diagnosis, 
with or without a co-occurring substance use disorder; and
(ii)
within three years from the date on which the office conducts the background 
check, the applicant has a felony or misdemeanor charge or conviction or a 
non-criminal finding.
(13)
(a)
This Subsection 
(13)
 applies to an applicant seeking a position in a congregate 
care program, an applicant seeking to provide a prospective foster home, an applicant 
seeking to provide a prospective adoptive home, and each adult living in the home of 
the prospective foster or prospective adoptive home.
(b)
As federally required, the office shall:
(i)
check the child abuse and neglect registry in each state where each applicant 
resided in the five years immediately preceding the day on which the applicant 
applied to be a foster or adoptive parent, to determine whether the prospective 
foster or adoptive parent is listed in the registry as having a substantiated or 
supported finding of child abuse or neglect; and
(ii)
except for applicants seeking a position in a congregate care program, check the 
child abuse and neglect registry in each state where each adult living in the home 
of the prospective foster or adoptive home resided in the five years immediately 
preceding the day on which the applicant applied to be a foster or adoptive parent, 
to determine whether the adult is listed in the registry as having a substantiated or 
supported finding of child abuse or neglect.
(c)
The requirements described in Subsection (13)(b) do not apply to the extent that:
(i)
federal law or rule permits otherwise; or
(ii)
the requirements would prohibit the Division of Child and Family Services or a 
court from placing a child with:
(A)
a noncustodial parent under Section 
80-2a-301
, 
80-3-302
, or 
80-3-303
; or
(B)
a relative, other than a noncustodial parent, under Section 
80-2a-301
, 
80-3-302
, 
or 
80-3-303
, pending completion of the background check described in 
Subsections (5), (6), and (7).
(d)
Notwithstanding Subsections (5) through (10), the office shall deny direct access 
qualified status if the applicant has been convicted of:
(i)
a felony involving conduct that constitutes any of the following:
(A)
child abuse, as described in Sections 
76-5-109
, 
76-5-109.2
, and 
76-5-109.3
;
(B)
commission of domestic violence in the presence of a child, as described in 
Section 
76-5-114
;
(C)
abuse or neglect of a child with a disability, as described in Section 
76-5-110
;
(D)
intentional aggravated abuse of a vulnerable adult, as described in Section 
76-5-111
;
(E)
endangerment of a child or vulnerable adult, as described in Section 
76-5-112.5
;
(F)
aggravated murder, as described in Section 
76-5-202
;
(G)
murder, as described in Section 
76-5-203
;
(H)
manslaughter, as described in Section 
76-5-205
;
(I)
child abuse homicide, as described in Section 
76-5-208
;
(J)
homicide by assault, as described in Section 
76-5-209
;
(K)
kidnapping, as described in Section 
76-5-301
;
(L)
child kidnapping, as described in Section 
76-5-301.1
;
(M)
aggravated kidnapping, as described in Section 
76-5-302
;
(N)
human trafficking of a child, as described in Section 
76-5-308.5
;
(O)
an offense described in Title 76, Chapter 5, Part 4, Sexual Offenses
, other than 
Section 
76-5-417
, 
76-5-418
, or 
76-5-419
;
(P)
sexual exploitation of a minor, as described in Title 76, Chapter 5b, Sexual 
Exploitation Act;
(Q)
aggravated exploitation of a minor, as described in Section 
76-5b-201.1
;
(R)
aggravated arson, as described in Section 
76-6-103
;
(S)
aggravated burglary, as described in Section 
76-6-203
;
(T)
aggravated robbery, as described in Section 
76-6-302
;
(U)
lewdness involving a child, as described in Section 
76-9-702.5
;
(V)
(U)
incest, as described in Section 
76-7-102
; or
(W)
(V)
domestic violence, as described in Section 
77-36-1
; or
(ii)
an offense committed outside the state that, if committed in the state, would 
constitute a violation of an offense described in Subsection (13)(d)(i).
(e)
Notwithstanding Subsections (5) through (10), the office shall deny direct access 
qualified status to an applicant if, within the five years from the date on which the 
office conducts the background check, the applicant was convicted of a felony 
involving conduct that constitutes a violation of any of the following:
(i)
aggravated assault, as described in Section 
76-5-103
;
(ii)
aggravated assault by a prisoner, as described in Section 
76-5-103.5
;
(iii)
mayhem, as described in Section 
76-5-105
;
(iv)
an offense described in Title 58, Chapter 37, Utah Controlled Substances Act;
(v)
an offense described in Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
(vi)
an offense described in Title 58, Chapter 37b, Imitation Controlled Substances 
Act;
(vii)
an offense described in Title 58, Chapter 37c, Utah Controlled Substance 
Precursor Act; or
(viii)
an offense described in Title 58, Chapter 37d, Clandestine Drug Lab Act.
(f)
In addition to the circumstances described in Subsection (6), the office shall conduct 
a comprehensive review of an applicant's background check under this section if the 
applicant:
(i)
has an offense described in Subsection 
(5)(a)
;
(ii)
has an infraction conviction entered on a date that is no more than three years 
before the date on which the office conducts the background check;
(iii)
has a listing in the Division of Child and Family Services' Licensing Information 
System described in Section 
80-2-1002
;
(iv)
has a listing in the Division of Aging and Adult Services' vulnerable adult, 
neglect, or exploitation database described in Section 
26B-2-210
;
(v)
has a substantiated finding of severe child abuse or neglect under Section 
80-3-404
 or 
80-3-504
; or
(vi)
has a listing on the registry check described in Subsection 
(13)(b)
 as having a 
substantiated or supported finding of a severe type of child abuse or neglect, as 
defined in Section 
80-1-102
.
(14)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the 
office may make rules, consistent with this part, to:
(a)
establish procedures for, and information to be examined in, the comprehensive 
review described in Subsections (6), (7), and (13); and
(b)
determine whether to consider an offense or incident that occurred while an 
individual was in the custody of the Division of Child and Family Services or the 
Division of Juvenile Justice and Youth Services for purposes of granting or denying 
direct access qualified status to an applicant.
Section 29, Section 
26B-4-501
 is amended to read:
26B-4-501
. Definitions.
As used in this part:
(1)
"Controlled substance" means the same as that term is defined in Title 58, Chapter 37, 
Utah Controlled Substances Act.
(2)
"Critical access hospital" means a critical access hospital that meets the criteria of 42 
U.S.C. Sec. 1395i-4(c)(2) (1998).
(3)
"Designated facility" means:
(a)
a freestanding urgent care center;
(b)
a general acute hospital; or
(c)
a critical access hospital.
(4)
"Dispense" means the same as that term is defined in Section 
58-17b-102
.
(5)
"Division" means the Division of Professional Licensing created in Section 
58-1-103
.
(6)
"Emergency contraception" means the use of a substance, approved by the United States 
Food and Drug Administration, to prevent pregnancy after sexual intercourse.
(7)
"Freestanding urgent care center" means the same as that term is defined in Section 
59-12-801
.
(8)
"General acute hospital" means the same as that term is defined in Section 
26B-2-201
.
(9)
"Health care facility" means a hospital, a hospice inpatient residence, a nursing facility, 
a dialysis treatment facility, an assisted living residence, an entity that provides home- 
and community-based services, a hospice or home health care agency, or another facility 
that provides or contracts to provide health care services, which facility is licensed under 
Chapter 2, Part 2, Health Care Facility Licensing and Inspection.
(10)
"Health care provider" means:
(a)
a physician, as defined in Section 
58-67-102
;
(b)
an advanced practice registered nurse, as defined in Section 
58-31b-102
;
(c)
a physician assistant, as defined in Section 
58-70a-102
; or
(d)
an individual licensed to engage in the practice of dentistry, as defined in Section 
58-69-102
.
(11)
"Increased risk" means risk exceeding the risk typically experienced by an individual 
who is not using, and is not likely to use, an opiate.
(12)
"Opiate" means the same as that term is defined in Section 
58-37-2
.
(13)
"Opiate antagonist" means naloxone hydrochloride or any similarly acting drug that is 
not a controlled substance and that is approved by the federal Food and Drug 
Administration for the diagnosis or treatment of an opiate-related drug overdose.
(14)
"Opiate-related drug overdose event" means an acute condition, including a decreased 
level of consciousness or respiratory depression resulting from the consumption or use 
of a controlled substance, or another substance with which a controlled substance was 
combined, and that a person would reasonably believe to require medical assistance.
(15)
"Overdose outreach provider" means:
(a)
a law enforcement agency;
(b)
a fire department;
(c)
an emergency medical service provider, as defined in Section 
26B-4-101
;
(d)
emergency medical service personnel, as defined in Section 
26B-4-101
;
(e)
an organization providing treatment or recovery services for drug or alcohol use;
(f)
an organization providing support services for an individual, or a family of an 
individual, with a substance use disorder;
(g)
a certified peer support specialist, as defined in Section 
26B-5-610
;
(h)
an organization providing substance use or mental health services under contract 
with a local substance abuse authority, as defined in Section 
26B-5-101
, or a local 
mental health authority, as defined in Section 
26B-5-101
;
(i)
an organization providing services to the homeless;
(j)
a local health department;
(k)
an individual licensed to practice under:
(i)
Title 58, Chapter 17b, Pharmacy Practice Act;
(ii)
Title 58, Chapter 60, Part 2, Social Worker Licensing Act; or
(iii)
Title 58, Chapter 60, Part 5, Substance Use Disorder Counselor Act; or
(l)
an individual.
(16)
"Patient counseling" means the same as that term is defined in Section 
58-17b-102
.
(17)
"Pharmacist" means the same as that term is defined in Section 
58-17b-102
.
(18)
"Pharmacy intern" means the same as that term is defined in Section 
58-17b-102
.
(19)
"Physician" means the same as that term is defined in Section 
58-67-102
.
(20)
"Practitioner" means:
(a)
a physician; or
(b)
any other person who is permitted by law to prescribe emergency contraception.
(21)
"Prescribe" means the same as that term is defined in Section 
58-17b-102
.
(22)
(a)
"Self-administered hormonal contraceptive" means a self-administered hormonal 
contraceptive that is approved by the United States Food and Drug Administration to 
prevent pregnancy.
(b)
"Self-administered hormonal contraceptive" includes an oral hormonal contraceptive, 
a hormonal vaginal ring, and a hormonal contraceptive patch.
(c)
"Self-administered hormonal contraceptive" does not include any drug intended to 
induce an abortion, as that term is defined in Section 
76-7-301
.
(23)
(a)
"Sexual assault" means any criminal conduct described in Title 76, Chapter 5, 
Part 4, Sexual Offenses, that may result in a pregnancy.
(b)
"Sexual assault" does not include criminal conduct described in:
(i)
Section 
76-5-417
, enticing a minor;
(ii)
Section 
76-5-418
, sexual battery;
(iii)
Section 
76-5-419
, lewdness; or
(iv)
Section 
76-5-420
, lewdness involving a child.
(24)
"Victim of sexual assault" means any person who presents to receive, or receives, 
medical care in consequence of being subjected to sexual assault.
Section 30, Section 
26B-7-205
 is amended to read:
26B-7-205
. Willful introduction of communicable disease a misdemeanor.
Any person who willfully or knowingly introduces any communicable or infectious 
disease into any county, municipality, or community is guilty of a class A misdemeanor, 
except as provided in Section 
76-10-1309
76-5d-211
.
Section 31, Section 
26B-7-501
 is amended to read:
26B-7-501
. Definitions.
As used in this part:
(1)
"Community location" means the same as that term is defined:
(a)
as it relates to a municipality, in Section 
10-8-41.6
; and
(b)
as it relates to a county, in Section 
17-50-333
.
(2)
"Electronic cigarette" means the same as that term is defined in Section 
76-10-101
76-9-1101
.
(3)
"Electronic cigarette product" means the same as that term is defined in Section 
76-10-101
76-9-1101
.
(4)
"Electronic cigarette substance" means the same as that term is defined in Section 
76-10-101
76-9-1101
.
(5)
"Employee" means an employee of a tobacco retailer.
(6)
"Enforcing agency" means the department, or any local health department enforcing the 
provisions of this part.
(7)
"General tobacco retailer" means a tobacco retailer that is not a retail tobacco specialty 
business.
(8)
"Local health department" means the same as that term is defined in Section 
26A-1-102
.
(9)
"Manufacture" includes:
(a)
to cast, construct, or make electronic cigarettes; or
(b)
to blend, make, process, or prepare an electronic cigarette substance.
(10)
"Manufacturer sealed electronic cigarette substance" means an electronic cigarette 
substance that is sold in a container that:
(a)
is prefilled by the electronic cigarette substance manufacturer; and
(b)
the electronic cigarette manufacturer does not intend for a consumer to open.
(11)
"Manufacturer sealed electronic cigarette product" means:
(a)
an electronic cigarette substance or container that the electronic cigarette 
manufacturer does not intend for a consumer to open or refill; or
(b)
a prefilled electronic cigarette as that term is defined in Section 
76-10-101
76-9-1101
.
(12)
"Nicotine" means the same as that term is defined in Section 
76-10-101
76-9-1101
.
(13)
"Nicotine product" means the same as that term is defined in Section 
76-10-101
76-9-1101
.
(14)
"Non-tobacco shisha" means any product that:
(a)
does not contain tobacco or nicotine; and
(b)
is smoked or intended to be smoked in a hookah or water pipe.
(15)
"Owner" means a person holding a 20% ownership interest in the business that is 
required to obtain a permit under this part.
(16)
"Permit" means a tobacco retail permit issued under Section 
26B-7-507
.
(17)
"Place of public access" means any enclosed indoor place of business, commerce, 
banking, financial service, or other service-related activity, whether publicly or privately 
owned and whether operated for profit or not, to which persons not employed at the 
place of public access have general and regular access or which the public uses, 
including:
(a)
buildings, offices, shops, elevators, or restrooms;
(b)
means of transportation or common carrier waiting rooms;
(c)
restaurants, cafes, or cafeterias;
(d)
taverns as defined in Section 
32B-1-102
, or cabarets;
(e)
shopping malls, retail stores, grocery stores, or arcades;
(f)
libraries, theaters, concert halls, museums, art galleries, planetariums, historical sites, 
auditoriums, or arenas;
(g)
barber shops, hair salons, or laundromats;
(h)
sports or fitness facilities;
(i)
common areas of nursing homes, hospitals, resorts, hotels, motels, "bed and 
breakfast" lodging facilities, and other similar lodging facilities, including the 
lobbies, hallways, elevators, restaurants, cafeterias, other designated dining areas, and 
restrooms of any of these;
(j)
(i)
any child care facility or program subject to licensure or certification under this 
title, including those operated in private homes, when any child cared for under 
that license is present; and
(ii)
any child care, other than child care as defined in Section 
26B-2-401
, that is not 
subject to licensure or certification under this title, when any child cared for by the 
provider, other than the child of the provider, is present;
(k)
public or private elementary or secondary school buildings and educational facilities 
or the property on which those facilities are located;
(l)
any building owned, rented, leased, or otherwise operated by a social, fraternal, or 
religious organization when used solely by the organization members or the 
members' guests or families;
(m)
any facility rented or leased for private functions from which the general public is 
excluded and arrangements for the function are under the control of the function 
sponsor;
(n)
any workplace that is not a place of public access or a publicly owned building or 
office but has one or more employees who are not owner-operators of the business;
(o)
any area where the proprietor or manager of the area has posted a conspicuous sign 
stating "no smoking", "thank you for not smoking", or similar statement; and
(p)
a holder of a bar establishment license, as defined in Section 
32B-1-102
.
(18)
(a)
"Proof of age" means:
(i)
a valid identification card issued under 
Title 53, Chapter 3, Part 8, Identification 
Card Act
;
(ii)
a valid identification that:
(A)
is substantially similar to an identification card issued under 
Title 53, Chapter 
3, Part 8, Identification Card Act
;
(B)
is issued in accordance with the laws of a state other than Utah in which the 
identification is issued;
(C)
includes date of birth; and
(D)
has a picture affixed;
(iii)
a valid driver license certificate that is issued under 
Title 53, Chapter 3, Uniform 
Driver License Act
, or in accordance with the laws of the state in which the valid 
driver license is issued;
(iv)
a valid United States military identification card that:
(A)
includes date of birth; and
(B)
has a picture affixed; or
(v)
a valid passport.
(b)
"Proof of age" does not include a valid driving privilege card issued in accordance 
with Section 
53-3-207
.
(19)
"Publicly owned building or office" means any enclosed indoor place or portion of a 
place owned, leased, or rented by any state, county, or municipal government, or by any 
agency supported by appropriation of, or by contracts or grants from, funds derived from 
the collection of federal, state, county, or municipal taxes.
(20)
"Retail tobacco specialty business" means the same as that term is defined:
(a)
as it relates to a municipality, in Section 
10-8-41.6
; and
(b)
as it relates to a county, in Section 
17-50-333
.
(21)
"Shisha" means any product that:
(a)
contains tobacco or nicotine; and
(b)
is smoked or intended to be smoked in a hookah or water pipe.
(22)
"Smoking" means:
(a)
the possession of any lighted or heated tobacco product in any form;
(b)
inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, or 
hookah that contains:
(i)
tobacco or any plant product intended for inhalation;
(ii)
shisha or non-tobacco shisha;
(iii)
nicotine;
(iv)
a natural or synthetic tobacco substitute; or
(v)
a natural or synthetic flavored tobacco product;
(c)
using an electronic cigarette; or
(d)
using an oral smoking device intended to circumvent the prohibition of smoking in 
this part.
(23)
"Tax commission license" means a license issued by the State Tax Commission under:
(a)
Section 
59-14-201
 to sell a cigarette at retail;
(b)
Section 
59-14-301
 to sell a tobacco product at retail; or
(c)
Section 
59-14-803
 to sell an electronic cigarette product or a nicotine product.
(24)
"Tobacco product" means:
(a)
a tobacco product as defined in Section 
76-10-101
76-9-1101
; or
(b)
tobacco paraphernalia as defined in Section 
76-10-101
76-9-1101
.
(25)
"Tobacco retailer" means a person that is required to obtain a tax commission license.
Section 32, Section 
26B-7-505
 is amended to read:
26B-7-505
. Electronic cigarette products -- Labeling -- Requirements to sell -- 
Advertising -- Labeling of nicotine products containing nicotine.
(1)
The department shall, in consultation with a local health department and with input from 
members of the public, establish by rule made in accordance with Title 63G, Chapter 3, 
Utah Administrative Rulemaking Act, the requirements to sell an electronic cigarette 
substance that is not a manufacturer sealed electronic cigarette substance regarding:
(a)
labeling;
(b)
nicotine content;
(c)
packaging; and
(d)
product quality.
(2)
On or before January 1, 2021, the department shall, in consultation with a local health 
department and with input from members of the public, establish by rule made in 
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the 
requirements to sell a manufacturer sealed electronic cigarette product regarding:
(a)
labeling;
(b)
nicotine content;
(c)
packaging; and
(d)
product quality.
(3)
(a)
A person may not sell an electronic cigarette substance unless the electronic 
cigarette substance complies with the requirements established by the department 
under Subsection (1).
(b)
Beginning on July 1, 2021, a person may not sell a manufacturer sealed electronic 
cigarette product unless the manufacturer sealed electronic cigarette product complies 
with the requirements established by the department under Subsection (2).
(c)
Notwithstanding Subsections (3)(a) and (3)(b), beginning on January 1, 2025, a 
person may not sell an electronic cigarette product that is not a premarket authorized 
or pending electronic cigarette product as that term is defined in Section 
76-10-101
76-9-1101
.
(4)
(a)
A local health department may not enact a rule or regulation regarding electronic 
cigarette substance labeling, nicotine content, packaging, or product quality that is 
not identical to the requirements established by the department under Subsections (1) 
and (2).
(b)
Except as provided in Subsection (4)(c), a local health department may enact a rule 
or regulation regarding electronic cigarette substance manufacturing.
(c)
A local health department may not enact a rule or regulation regarding a 
manufacturer sealed electronic cigarette product.
(5)
A person may not advertise an electronic cigarette product as a tobacco cessation device.
(6)
(a)
Any nicotine product shall contain the statement described in Subsection (6)(b) if 
the nicotine product:
(i)
(A)
is not a tobacco product as defined in 21 U.S.C. Sec. 321 and related federal 
regulations; or
(B)
is not otherwise required under federal or state law to contain a nicotine 
warning; and
(ii)
contains nicotine.
(b)
A statement shall appear on the exterior packaging of a nicotine product described in 
Subsection (6)(a) as follows:
"This product contains nicotine."
Section 33, Section 
26B-7-508
 is amended to read:
26B-7-508
. Permit application.
(1)
A local health department shall issue a permit for a tobacco retailer if the local health 
department determines that the applicant:
(a)
accurately provided all information required under Subsection 
(3)
 and, if applicable, 
Subsection 
(4)
; and
(b)
meets all requirements for a permit under this part.
(2)
An applicant for a permit shall:
(a)
submit an application described in Subsection 
(3)
 to the local health department with 
jurisdiction over the area where the tobacco retailer is located; and
(b)
pay all applicable fees described in Section 
26B-7-509
.
(3)
The application for a permit shall include:
(a)
the name, address, and telephone number of each proprietor;
(b)
the name and mailing address of each proprietor authorized to receive permit-related 
communication and notices;
(c)
the business name, address, and telephone number of the single, fixed location for 
which a permit is sought;
(d)
evidence that the location for which a permit is sought has a valid tax commission 
license;
(e)
information regarding whether, in the past 24 months, any proprietor of the tobacco 
retailer has been determined to have violated, or has been a proprietor at a location 
that has been determined to have violated:
(i)
a provision of this part;
(ii)
Section 
26B-7-503
;
(iii)
Title 76, Chapter 9, Part 11, Cigarettes, Tobacco, and Psychotoxic Chemical 
Solvents
;
(iv)
Title 76, Chapter 17, Part 4, Offenses Concerning a Pattern of Unlawful Activity
;
(iii)
Title 76, Chapter 10, Part 1, Cigarettes and Tobacco and Psychotoxic Chemical 
Solvents
;
(iv)
Title 76, Chapter 10, Part 16, Pattern of Unlawful Activity Act
;
(v)
regulations restricting the sale and distribution of cigarettes and smokeless 
tobacco issued by the United States Food and Drug Administration, 21 C.F.R. 
Part 
1140
; or
(vi)
any other provision of state law or local ordinance regarding the sale, marketing, 
or distribution of a tobacco product, an electronic cigarette product, or a nicotine 
product; and
(f)
the dates of all violations disclosed under this Subsection 
(3)
.
(4)
(a)
In addition to the information described in Subsection 
(3)
, an applicant for a retail 
tobacco specialty business permit shall include evidence showing whether the 
business is located within:
(i)
1,000 feet of a community location;
(ii)
600 feet of another retail tobacco specialty business; or
(iii)
600 feet of property used or zoned for agricultural or residential use.
(b)
For purposes of Subsection 
(4)(a)
, the proximity requirements shall be measured in a 
straight line from the nearest entrance of the retail tobacco specialty business to the 
nearest property boundary of a location described in Subsections 
(4)(a)(i)
 through 
(iii)
, 
without regard to intervening structures or zoning districts.
(5)
The department or a local health department may not deny a permit to a retail tobacco 
specialty business under Subsection 
(4)
 if the retail tobacco specialty business meets the 
requirements described in Subsection 
10-8-41.6(7)
 or 
17-50-333(7)
.
(6)
(a)
The department shall establish by rule made in accordance with 
Title 63G, 
Chapter 3, Utah Administrative Rulemaking Act
, a permit process for local health 
departments in accordance with this part.
(b)
The permit process established by the department under Subsection 
(6)(a)
 may not 
require any information in an application that is not required by this section.
Section 34, Section 
26B-7-511
 is amended to read:
26B-7-511
. Permit requirements for a retail tobacco specialty business.
(1)
A retail tobacco specialty business shall:
(a)
electronically verify proof of age for any individual that enters the premises of the 
business in accordance with Section 
26B-7-521
;
(b)
except as provided in 
Subsection 
76-10-105.1(4)
Section 
76-9-1108
, prohibit any 
individual from entering the business if the individual is under 21 years old; and
(c)
prominently display at the retail tobacco specialty business a sign on the public 
entrance of the business that communicates:
(i)
the prohibition on the presence of an individual under 21 years old in a retail 
tobacco specialty business in 
Subsection 
76-10-105.1(4)
Section 
76-9-1108
; and
(ii)
the prohibition on the sale of tobacco products and electronic cigarette products to 
an individual under 21 years old as described in Sections 
76-10-104
76-9-1104
, 
76-10-104.1
76-9-1105
, 
76-10-105.1
76-9-1108
, and 
76-10-114
76-9-1116
.
(2)
A retail tobacco specialty business may not:
(a)
employ an individual under 21 years old to sell a tobacco product, an electronic 
cigarette product, or a nicotine product; or
(b)
permit an employee under 21 years old to sell a tobacco product, an electronic 
cigarette product, or a nicotine product.
Section 35, Section 
26B-7-514
 is amended to read:
26B-7-514
. Permit violation.
A person is in violation of the permit issued under this part if the person violates:
(1)
a provision of this part;
(2)
a provision of licensing laws under Section 
10-8-41.6
 or Section 
17-50-333
;
(3)
a provision of 
Title 76, Chapter 10, Part 1, Cigarettes and Tobacco and Psychotoxic 
Chemical Solvents
Title 76, Chapter 9, Part 11, Cigarettes, Tobacco, and Psychotoxic 
Chemical Solvents
;
(4)
a provision of 
Title 76, Chapter 10, Part 16, Pattern of Unlawful Activity Act
Title 76, 
Chapter 17, Part 4, Offenses Concerning a Pattern of Unlawful Activity
;
(5)
a regulation restricting the sale and distribution of cigarettes and smokeless tobacco 
issued by the United States Food and Drug Administration under 21 C.F.R. 
Part 1140
; or
(6)
any other provision of state law or local ordinance regarding the sale, marketing, or 
distribution of a tobacco product, an electronic cigarette product, or a nicotine product.
Section 36, Section 
26B-7-516
 is amended to read:
26B-7-516
. Inspection of retail tobacco businesses.
The department or a local health department may inspect a tobacco retailer to determine 
whether the tobacco retailer:
(1)
continues to meet the qualifications for the permit issued under this part;
(2)
if applicable, continues to meet the requirements for a retail tobacco specialty business 
license issued under Section 
10-8-41.6
 or Section 
17-50-333
;
(3)
engaged in a pattern of unlawful activity under 
Title 76, Chapter 10, Part 16, Pattern of 
Unlawful Activity Act
Title 76, Chapter 17, Part 4, Offenses Concerning a Pattern of 
Unlawful Activity
;
(4)
violated any of the regulations restricting the sale and distribution of cigarettes and 
smokeless tobacco issued by the United States Food and Drug Administration under 21 
C.F.R. 
Part 1140
; or
(5)
has violated any other provision of state law or local ordinance.
Section 37, Section 
26B-7-517
 is amended to read:
26B-7-517
. Hearing -- Evidence of criminal conviction.
(1)
At a civil hearing conducted under Section 
26B-7-515
, evidence of the final criminal 
conviction of a tobacco retailer for violation of Section 
76-10-114
76-9-1116
 at the 
same location and within the same time period as the location and time period alleged in 
the civil hearing for violation of this part for sale of a tobacco product, an electronic 
cigarette product, or a nicotine product to an individual under 21 years old is prima facie 
evidence of a violation of this part.
(2)
If the tobacco retailer is convicted of violating Section 
76-10-114
76-9-1116
, the 
enforcing agency:
(a)
shall assess an additional monetary penalty under this part for the same offense for 
which the conviction was obtained; and
(b)
shall revoke or suspend a permit in accordance with Section 
26B-7-518
.
Section 38, Section 
26B-7-521
 is amended to read:
26B-7-521
. Verification of proof of age.
(1)
As used in this section:
(a)
"Employee" means an employee of a retail tobacco specialty business.
(b)
"Electronic verification program" means a technology used by a retail tobacco 
specialty business to confirm proof of age for an individual.
(2)
A retail tobacco specialty business shall require that an employee verify proof of age as 
provided in this section.
(3)
To comply with Subsection 
(2)
, an employee shall:
(a)
request the individual present proof of age; and
(b)
verify the validity of the proof of age electronically in accordance with Subsection 
(4)
.
(4)
A retail tobacco specialty business shall use an electronic verification program to assist 
the business in complying with the requirements of this section.
(5)
(a)
A retail tobacco specialty business may not disclose information obtained under 
this section except as provided under this part.
(b)
Information obtained under this section:
(i)
shall be kept for at least 180 days; and
(ii)
is subject to inspection upon request by a peace officer or the representative of an 
enforcing agency.
(6)
(a)
If an employee does not verify proof of age under this section, the employee may 
not permit an individual to:
(i)
except as provided in Subsection 
(6)(b)
, enter a retail tobacco specialty business; or
(ii)
purchase a tobacco product or an electronic cigarette product.
(b)
In accordance with 
Subsection 
76-10-105.1(4)
Section 
76-9-1108
, an individual 
who is under 21 years old may be permitted to enter a retail tobacco specialty 
business if the individual is:
(i)
accompanied by a parent or legal guardian who provides proof of age; or
(ii)
(A)
present at the retail tobacco specialty business solely for the purpose of 
providing a commercial service to the retail tobacco specialty business, 
including making a commercial delivery;
(B)
monitored by the proprietor of the retail tobacco specialty business or an 
employee of the retail tobacco specialty business; and
(C)
not permitted to make any purchase or conduct any commercial transaction 
other than the service described in Subsection 
(6)(b)(ii)(A)
.
(7)
To determine whether the individual described in Subsection 
(2)
 is 21 years old or 
older, the following may request an individual described in Subsection 
(2)
 to present 
proof of age:
(a)
an employee;
(b)
a peace officer; or
(c)
a representative of an enforcing agency.
Section 39, Section 
26B-8-208
 is amended to read:
26B-8-208
. Rendering a dead body unavailable for postmortem investigation.
(1)
As used in this section:
(a)
"Medical examiner" means the same as that term is defined in Section 
26B-8-201
.
(b)
"Unavailable for postmortem investigation" means the same as that term is defined in 
Section 
26B-8-201
.
(2)
It is unlawful for a person to engage in any conduct that makes a dead body unavailable 
for postmortem investigation, unless, before engaging in that conduct, the person obtains 
a permit from the medical examiner to render the dead body unavailable for postmortem 
investigation, under Section 
26B-8-230
, if the person intends to make the body 
unavailable for postmortem investigation.
(3)
A person who violates Subsection 
(2)
 is guilty of a third degree felony.
(4)
If a person engages in conduct that constitutes both a violation of this section and a 
violation of Section 
76-9-704
76-5-802
 or 
76-5-803
, the provisions and penalties of 
Section 
76-9-704
76-5-802
 or 
76-5-803
 supersede the provisions and penalties of this 
section.
Section 40, Section 
31A-21-501
 is amended to read:
31A-21-501
. Definitions.
For purposes of this part:
(1)
"Applicant" means:
(a)
in the case of an individual life or accident and health policy, the person who seeks to 
contract for insurance benefits; or
(b)
in the case of a group life or accident and health policy, the proposed certificate 
holder.
(2)
"Cohabitant" means an emancipated individual pursuant to Section 
15-2-1
 or an 
individual who is 16 years old or older who:
(a)
is or was a spouse of the other party;
(b)
is or was living as if a spouse of the other party;
(c)
is related by blood or marriage to the other party;
(d)
has one or more children in common with the other party; or
(e)
resides or has resided in the same residence as the other party.
(3)
(a)
"Child abuse" means the commission or attempt to commit against a child a 
criminal offense described in:
(a)
(i)
Title 76, Chapter 5, Part 1, Assault and Related Offenses
;
 or
(b)
(ii)
Title 76, Chapter 5, Part 4, Sexual Offenses
;
.
(c)
Section 
76-9-702
, Lewdness;
(d)
Section 
76-9-702.1
, Sexual battery; or
(e)
Section 
76-9-702.5
, Lewdness involving a child.
(b)
"Child abuse" does not include the criminal offense of enticing a minor, as described 
in Section 
76-5-417
.
(4)
(a)
"Domestic violence" means any criminal offense involving violence or physical 
harm or threat of violence or physical harm, or any attempt, conspiracy, or 
solicitation to commit a criminal offense involving violence or physical harm, when 
committed by one cohabitant against another and includes commission or attempt to 
commit, any of the following offenses by one cohabitant against another:
(a)
(i)
aggravated assault, as described in Section 
76-5-103
;
(b)
(ii)
assault, as described in Section 
76-5-102
;
(c)
(iii)
criminal homicide, as described in Section 
76-5-201
;
(d)
(iv)
harassment, as described in Section 
76-5-106
;
(e)
(v)
electronic communication harassment, as described in 
Section 
76-9-201
Section 
76-12-202
, 
76-12-203
, or 
76-12-204
;
(f)
(vi)
kidnapping, child kidnapping, or aggravated kidnapping, as described in 
Sections 
76-5-301
, 
76-5-301.1
, and 
76-5-302
;
(g)
(vii)
mayhem, as described in Section 
76-5-105
;
(h)
(viii)
sexual offenses, as described in
 Sections 
76-5b-201
 and 
76-5b-201.1
 and in
Title 76, Chapter 5, Part 4, Sexual Offenses
, and Sections 
76-5b-201
 and 
76-5b-201.1
;
(i)
(ix)
stalking, as described in Section 
76-5-106.5
;
(j)
(x)
unlawful detention or unlawful detention of a minor, as described in Section 
76-5-304
;
(k)
(xi)
violation of a protective order or ex parte protective order, as described in 
Section 
76-5-108
;
(l)
(xii)
any offense against property described in 
Title 76, Chapter 6, Part 1, 
Property Destruction
, 
Part 2, Burglary and Criminal Trespass
, or 
Part 3, Robbery
;
(m)
(xiii)
possession of a deadly weapon with intent to assault, as described in 
Section 
76-10-507
76-11-206
; or
(n)
(xiv)
discharge of a firearm from a vehicle, near a highway, or in the direction of 
any person, building, or vehicle, as described in Section 
76-10-508
76-11-207
.
(b)
"Domestic violence" does not include the criminal offense of:
(i)
enticing a minor, as described in Section 
76-5-417
;
(ii)
sexual battery, as described in Section 
76-5-418
;
(iii)
lewdness, as described in Section 
76-5-419
; or
(iv)
lewdness involving a child, as described in Section 
76-5-420
.
(5)
"Subject of domestic abuse" means an individual who is, has been, may currently be, or 
may have been subject to domestic violence or child abuse.
Section 41, Section 
32B-3-303
 is amended to read:
32B-3-303
. Acts making a person subject to this part.
(1)
One or more of the following acts constitute a nuisance activity:
(a)
a single felony conviction within the last two years of:
(i)
a retail licensee; or
(ii)
supervisory or managerial level staff of the retail licensee;
(b)
a single conviction under 
Title 58, Chapter 37, Utah Controlled Substances Act
:
(i)
(A)
of a retail licensee; or
(B)
staff of the retail licensee;
(ii)
within the last two years; and
(iii)
made on the basis of an act that occurs on the licensed premises;
(c)
three or more convictions of patrons of a retail licensee under 
Title 58, Chapter 37, 
Utah Controlled Substances Act
, if:
(i)
the convictions are made on the basis of an act that occurs on the licensed 
premises; and
(ii)
there is evidence that the retail licensee knew or should have known of the illegal 
activity;
(d)
a single conviction within the last two years of a retail licensee or staff of the retail 
licensee that is made on the basis of:
(i)
pornographic and harmful materials:
(A)
that violate 
Title 76, Chapter 10, Part 12, Pornographic and Harmful 
Materials and Performances
Title 76, Chapter 5c, Pornographic and Harmful 
Materials and Performances
; and
(B)
if the violation occurs on the licensed premises;
(ii)
prostitution;
(iii)
engaging in or permitting gambling, as defined and proscribed in 
Title 76, 
Chapter 10, Part 11, Gambling
Title 76, Chapter 9, Part 14, Gambling
, on the 
licensed premises;
(iv)
having any fringe gaming device, video gaming device, or gambling device or 
record as defined in Section 
76-10-1101
76-9-1401
 on the licensed premises;
(v)
on the licensed premises engaging in or permitting a contest, game, gaming 
scheme, or gaming device that requires the risking of something of value for a 
return or for an outcome when the return or outcome is based upon an element of 
chance, excluding the playing of an amusement device that confers only an 
immediate and unrecorded right of replay not exchangeable for value;
(vi)
a disturbance of the peace that occurs on the licensed premises; or
(vii)
disorderly conduct that occurs on the licensed premises; or
(e)
three or more adjudicated violations of this title within the last two years by a retail 
licensee or by staff of the retail licensee that result in a criminal citation or an 
administrative referral to the department relating to:
(i)
the sale, offer for sale, or furnishing of an alcoholic product to a minor;
(ii)
the sale, offer for sale, or furnishing of an alcoholic product to a person actually, 
apparently, or obviously intoxicated;
(iii)
the sale, offer for sale, or furnishing of an alcoholic product after the lawful 
hours for the sale or furnishing; or
(iv)
acts or conduct on the licensed premises contrary to the public welfare and 
morals involving lewd acts or lewd entertainment prohibited by this title.
(2)
For purposes of Subsection 
(1)
, in the case of a retail licensee that is a partnership, 
corporation, or limited liability company, a conviction under Subsection 
(1)(c)
 includes 
a conviction of any of the following for an offense described in Subsection 
(1)(c)
:
(a)
a partner;
(b)
a managing agent;
(c)
a manager;
(d)
an officer;
(e)
a director;
(f)
a stockholder who holds at least 20% of the total issued and outstanding stock of a 
corporate retail licensee; or
(g)
a member who owns at least 20% of a limited liability company retail licensee.
Section 42, Section 
32B-4-423
 is amended to read:
32B-4-423
. Immunity regarding alcohol consumption offenses when seeking 
emergency aid for another person.
(1)
A law enforcement officer may not cite or arrest a person solely because of a person's 
violation of a provision under Subsection 
(2)
 if the officer came into contact with the 
person because:
(a)
the person had requested or acted in concert with another person to request 
emergency medical assistance for a third party who reasonably appeared to be in 
need of medical care due to the consumption of alcohol;
(b)
the officer was responding to the request for emergency medical assistance;
(c)
the person provided to the officer the person's name and identifying information as 
requested by the officer;
(d)
the person remained at the location where the third party was located until 
emergency medical response personnel arrived at the location; and
(e)
the person cooperated with the emergency medical assistance personnel and law 
enforcement officers at the location.
(2)
Offenses referred to in Subsection 
(1)
 are violations of:
(a)
Section 
32B-4-403
 regarding the unlawful sale, offer for sale, or furnishing of 
alcohol to a minor;
(b)
Subsection 
32B-4-409(1)
 regarding the unlawful purchase, possession, or 
consumption of alcohol by a minor; and
(c)
Subsection 
76-9-701(1)
76-9-110(2)
 regarding intoxication when the offense 
involves consumption of alcohol.
(3)
An officer who declines to cite or arrest a person while acting in good faith under 
Subsection 
(1)
 is not civilly liable.
Section 43, Section 
32B-5-301
 is amended to read:
32B-5-301
. General operational requirements.
(1)
(a)
A retail licensee and staff of a retail licensee shall comply with this title and the 
rules of the commission, including the relevant chapter or part for the specific type of 
retail license.
(b)
Failure to comply as provided in Subsection 
(1)(a)
 may result in disciplinary action 
in accordance with 
Chapter 3, Disciplinary Actions and Enforcement Act
, against:
(i)
a retail licensee;
(ii)
individual staff of a retail licensee; or
(iii)
both a retail licensee and staff of the retail licensee.
(2)
(a)
If there is a conflict between this part and the relevant chapter or part for the 
specific type of retail license, the relevant chapter or part for the specific type of retail 
license governs.
(b)
Notwithstanding that this part refers to "liquor" or an "alcoholic product," a retail 
licensee may only sell, offer for sale, furnish, or allow the consumption of an 
alcoholic product specifically authorized by the relevant chapter or part for the retail 
licensee's specific type of retail license.
(c)
Notwithstanding that this part or the relevant chapter or part for a specific retail 
licensee refers to "retail licensee," staff of the retail licensee is subject to the same 
requirement or prohibition.
(3)
(a)
A retail licensee shall display in a prominent place in the licensed premises the 
retail license that is issued by the department.
(b)
A retail licensee shall display in a prominent place a sign in large letters that consists 
of text in the following order:
(i)
a header that reads: "WARNING";
(ii)
a warning statement that reads: "Drinking alcoholic beverages during pregnancy 
can cause birth defects and permanent brain damage for the child.";
(iii)
a statement in smaller font that reads: "Call the Utah Department of Health 
and 
Human Services 
at [insert most current toll-free number] with questions or for 
more information.";
(iv)
a header that reads: "WARNING"; and
(v)
a warning statement that reads: "Driving under the influence of alcohol or drugs is 
a serious crime that is prosecuted aggressively in Utah."
(c)
(i)
The text described in Subsections 
(3)(b)(i)
 through 
(iii)
 shall be in a different 
font style than the text described in Subsections 
(3)(b)(iv)
 and 
(v)
.
(ii)
The warning statements in the sign described in Subsection 
(3)(b)
 shall be in the 
same font size.
(d)
The Department of Health
 and Human Services
 shall work with the commission and 
department to facilitate consistency in the format of a sign required under this section.
(4)
A retail licensee may not on the licensed premises:
(a)
engage in or permit any form of gambling, as defined in Section 
76-10-1101
76-9-1401
, or fringe gambling, as defined in Section 
76-10-1101
76-9-1401
;
(b)
have any fringe gaming device, video gaming device, or gambling device or record 
as defined in Section 
76-10-1101
76-9-1401
; or
(c)
engage in or permit a contest, game, gaming scheme, or gaming device that requires 
the risking of something of value for a return or for an outcome when the return or 
outcome is based upon an element of chance, excluding the playing of an amusement 
device that confers only an immediate and unrecorded right of replay not 
exchangeable for value.
(5)
A retail licensee may not knowingly allow a person on the licensed premises to, in 
violation of 
Title 58, Chapter 37, Utah Controlled Substances Act
, or 
Chapter 37a, Utah 
Drug Paraphernalia Act
:
(a)
sell, distribute, possess, or use a controlled substance, as defined in Section 
58-37-2
; 
or
(b)
use, deliver, or possess with the intent to deliver drug paraphernalia, as defined in 
Section 
58-37a-3
.
(6)
Upon the presentation of credentials, at any time during which a retail licensee is open 
for the transaction of business, the retail licensee shall immediately:
(a)
admit a commissioner, authorized department employee, or law enforcement officer 
to the retail licensee's premises; and
(b)
permit, without hindrance or delay, the person described in Subsection 
(6)(a)
 to 
inspect completely:
(i)
the entire premises of the retail licensee; and
(ii)
the records of the retail licensee.
(7)
An individual may not consume an alcoholic product on the licensed premises of a retail 
licensee on any day during the period:
(a)
beginning one hour after the time of day that the period during which a retail licensee 
may not sell, offer for sale, or furnish an alcoholic product on the licensed premises 
begins; and
(b)
ending at the time specified in the relevant chapter or part for the retail licensee's 
specific type of retail license when the retail licensee may first sell, offer for sale, or 
furnish an alcoholic product on the licensed premises on that day.
(8)
An employee of a retail licensee who sells, offers for sale, or furnishes an alcoholic 
product to a patron shall wear an identification badge.
(9)
In accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, the 
commission shall make rules:
(a)
related to the requirement described in Subsection 
(8)
; and
(b)
for dispensing systems and dispensing areas of restaurant licensees, bar licensees, 
and taverns, establishing standards:
(i)
in accordance with the provisions of this title; and
(ii)
prohibiting a dispensing system to remain at a patron's table.
Section 44, Section 
32B-7-202
 is amended to read:
32B-7-202
. General operational requirements for off-premise beer retailer.
(1)
(a)
An off-premise beer retailer or staff of the off-premise beer retailer shall comply 
with the provisions of this title and any applicable rules made by the commission.
(b)
Failure to comply with this section may result in a suspension or revocation of a 
local license and, on or after July 1, 2018, disciplinary action in accordance with 
Chapter 3, Disciplinary Actions and Enforcement Act.
(2)
(a)
(i)
An off-premise beer retailer may not purchase, acquire, possess for the 
purpose of resale, or sell beer, except beer that the off-premise beer retailer 
lawfully purchases from:
(A)
a beer wholesaler licensee; or
(B)
a small brewer that manufactures the beer.
(ii)
A violation of Subsection (2)(a) is a class A misdemeanor.
(b)
(i)
If an off-premise beer retailer purchases beer under this Subsection (2) from a 
beer wholesaler licensee, the off-premise beer retailer shall purchase beer only 
from a beer wholesaler licensee who is designated by the manufacturer to sell beer 
in the geographical area in which the off-premise beer retailer is located, unless an 
alternate wholesaler is authorized by the department to sell to the off-premise beer 
retailer as provided in Section 
32B-13-301
.
(ii)
A violation of Subsection (2)(b) is a class B misdemeanor.
(3)
An off-premise beer retailer may not possess, sell, offer for sale, or furnish beer in a 
container larger than two liters.
(4)
(a)
Staff of an off-premise beer retailer, while on duty, may not:
(i)
consume an alcoholic product; or
(ii)
be intoxicated.
(b)
A minor may not sell beer on the licensed premises of an off-premise beer retailer 
unless:
(i)
the sale is done under the supervision of a person 21 years old or older who is on 
the licensed premises; and
(ii)
the minor is at least 16 years old.
(5)
An off-premise beer retailer may not sell, offer for sale, or furnish an alcoholic product 
to:
(a)
a minor;
(b)
a person actually, apparently, or obviously intoxicated;
(c)
a known interdicted person; or
(d)
a known habitual drunkard.
(6)
(a)
Subject to the other provisions of this Subsection (6), an off-premise beer retailer 
shall:
(i)
display all beer accessible by and visible to a patron in no more than two locations 
on the retail sales floor, each of which is:
(A)
a display cabinet, cooler, aisle, floor display, or room where beer is the only 
beverage displayed; and
(B)
not adjacent to a display of nonalcoholic beverages, unless the location is a 
cooler with a door from which the nonalcoholic beverages are not accessible, 
or the beer is separated from the display of nonalcoholic beverages by a display 
of one or more nonbeverage products or another physical divider; and
(ii)
display a sign in the area described in Subsection (6)(a)(i) that:
(A)
is prominent;
(B)
is easily readable by a consumer;
(C)
meets the requirements for format established by the commission by rule; and
(D)
reads in print that is no smaller than .5 inches, bold type, "These beverages 
contain alcohol. Please read the label carefully."
(b)
Notwithstanding Subsection (6)(a), a nonalcoholic beer may be displayed with beer 
if the nonalcoholic beer is labeled, packaged, or advertised as a nonalcoholic beer.
(c)
The requirements of this Subsection (6) apply to beer notwithstanding that it is 
labeled, packaged, or advertised as:
(i)
a malt cooler; or
(ii)
a beverage that may provide energy.
(d)
A violation of this Subsection (6) is an infraction.
(e)
(i)
Except as provided in Subsection (6)(e)(ii), the provisions of Subsection 
(6)(a)(i) apply on and after May 9, 2017.
(ii)
For a beer retailer that operates two or more off-premise beer retailers, the 
provisions of Subsection (6)(a)(i) apply on and after August 1, 2017.
(7)
(a)
Staff of an off-premise beer retailer who directly supervises the sale of beer or 
who sells beer to a patron for consumption off the premises of the off-premise beer 
retailer shall wear a unique identification badge:
(i)
on the front of the staff's clothing;
(ii)
visible above the waist;
(iii)
bearing the staff's:
(A)
first or last name;
(B)
initials; or
(C)
unique identification in letters or numbers; and
(iv)
with the number or letters on the unique identification badge being sufficiently 
large to be clearly visible and identifiable while engaging in or directly 
supervising the retail sale of beer.
(b)
An off-premise beer retailer shall make and maintain a record of each current staff's 
unique identification badge assigned by the off-premise beer retailer that includes the 
staff's:
(i)
full name;
(ii)
address; and
(iii)
(A)
driver license number; or
(B)
similar identification number.
(c)
An off-premise beer retailer shall make available a record required to be made or 
maintained under this Subsection (7) for immediate inspection by:
(i)
a peace officer;
(ii)
a representative of the local authority that issues the off-premise beer retailer 
license; or
(iii)
for an off-premise beer retailer state license, a representative of the commission 
or department.
(d)
A local authority may impose a fine of up to $250 against an off-premise beer 
retailer that does not comply or require its staff to comply with this Subsection (7).
(8)
(a)
An off-premise beer retailer may sell, offer for sale, or furnish beer through a 
drive through window. 
(b)
Subsection (8)(a) does not modify the display limitations and requirements described 
in Subsection (6).
(9)
An off-premise beer retailer may not on the licensed premises:
(a)
engage in or permit any form of:
(i)
gambling, as defined in Section 
76-10-1101
76-9-1401
; or
(ii)
fringe gambling, as defined in Section 
76-10-1101
76-9-1401
;
(b)
have any fringe gaming device, video gaming device, or gambling device or record 
as defined in Section 
76-10-1101
76-9-1401
; or
(c)
engage in or permit a contest, game, gaming scheme, or gaming device that requires 
the risking of something of value for a return or for an outcome when the return or 
outcome is based upon an element of chance, excluding the playing of an amusement 
device that confers only an immediate and unrecorded right of replay not 
exchangeable for value.
(10)
An off-premise beer retailer may not knowingly allow a person on the licensed 
premises to, in violation of Title 58, Chapter 37, Utah Controlled Substances Act, or 
Chapter 37a, Utah Drug Paraphernalia Act:
(a)
sell, distribute, possess, or use a controlled substance, as defined in Section 
58-37-2
; 
or
(b)
use, deliver, or possess, with the intent to deliver, drug paraphernalia, as defined in 
Section 
58-37a-3
.
(11)
An off-premise beer retailer may not sell, offer for sale, or furnish a beer that is 
intended to be frozen and consumed in a manner other than as a beverage, including beer 
in the form of a freeze pop, popsicle, ice cream, or sorbet.
Section 45, Section 
32B-9-204
 is amended to read:
32B-9-204
. General operational requirements for an event permit.
(1)
(a)
An event permittee and a person involved in the storage, sale, offer for sale, or 
furnishing of an alcoholic product at an event for which an event permit is issued, 
shall comply with this title and rules of the commission.
(b)
Failure to comply as provided in Subsection 
(1)(a)
:
(i)
may result in:
(A)
disciplinary action in accordance with 
Chapter 3, Disciplinary Actions and 
Enforcement Act
, against:
(I)
an event permittee;
(II)
a person involved in the storage, sale, offer for sale, or furnishing of an 
alcoholic product at the event; or
(III)
any combination of the persons listed in this Subsection 
(1)(b)
;
(B)
immediate revocation of the event permit;
(C)
forfeiture of a bond; or
(D)
immediate seizure of an alcoholic product present at the event; and
(ii)
if the event permit is revoked, disqualifies the event permittee from applying for 
an event permit for a period of three years from the date of revocation of the event 
permit.
(c)
An alcoholic product seized under this Subsection 
(1)
 shall be returned to the event 
permittee after an event if forfeiture proceedings are not instituted under Section 
32B-4-206
.
(2)
(a)
If there is a conflict between this part and the relevant part under this chapter for 
the specific type of special use permit held by the special use permittee, the relevant 
part governs.
(b)
Notwithstanding that this part may refer to "liquor" or an "alcoholic product," an 
event permittee may only sell, offer for sale, or furnish an alcoholic product specified 
in the relevant part under this chapter for the type of event permit that is held by the 
event permittee.
(c)
Notwithstanding that this part or the relevant part under this chapter for the type of 
event permit held by an event permittee refers to "event permittee," a person involved 
in the storage, sale, offer for sale, or furnishing of an alcoholic product at the event 
for which the event permit is issued is subject to the same requirement or prohibition.
(3)
An event permittee shall display a copy of the event permit in a prominent place in the 
area in which an alcoholic product is sold, offered for sale, furnished, and consumed.
(4)
An event permittee may not on the premises of the event:
(a)
engage in or allow any form of gambling, as defined in Section 
76-10-1101
76-9-1401
, or fringe gambling, as defined in Section 
76-10-1101
76-9-1401
;
(b)
have any fringe gaming device, video gaming device, or gambling device or record 
as defined in Section 
76-10-1101
76-9-1401
; or
(c)
engage in or permit a contest, game, gaming scheme, or gaming device that requires 
the risking of something of value for a return or for an outcome when the return or 
outcome is based upon an element of chance, excluding the playing of an amusement 
device that confers only an immediate and unrecorded right of replay not 
exchangeable for value.
(5)
An event permittee may not knowingly allow a person at an event to, in violation of 
Title 58, Chapter 37, Utah Controlled Substances Act
, or 
Chapter 37a, Utah Drug 
Paraphernalia Act
:
(a)
sell, distribute, possess, or use a controlled substance, as defined in Section 
58-37-2
; 
or
(b)
use, deliver, or possess with the intent to deliver drug paraphernalia, as defined in 
Section 
58-37a-3
.
(6)
An event permittee may not sell, offer for sale, or furnish beer except beer purchases 
from:
(a)
a beer wholesaler licensee;
(b)
a beer retailer; or
(c)
a small brewer.
(7)
An event permittee may not store, sell, offer for sale, furnish, or allow the consumption 
of an alcoholic product purchased for an event in a location other than that described in 
the application and designated on the event permit unless the event permittee first 
applies for and receives approval from the director, with the approval of the 
Compliance, Licensing, and Enforcement Subcommittee, for a change of location.
(8)
(a)
Subject to Subsection 
(8)(b)
, an event permittee may sell, offer for sale, or furnish 
beer for on-premise consumption:
(i)
in an open original container; and
(ii)
in a container on draft.
(b)
An event permittee may not sell, offer for sale, or furnish beer sold pursuant to 
Subsection 
(8)(a)
:
(i)
in a size of container that exceeds two liters; or
(ii)
to an individual patron in a size of container that exceeds one liter.
(9)
(a)
An event permittee may not sell or offer for sale an alcoholic product at less than 
the cost of the alcoholic product to the event permittee.
(b)
An event permittee may not sell an alcoholic product at a discount price on any date 
or at any time.
(c)
An event permittee may not sell or offer for sale an alcoholic product at a price that 
encourages overconsumption or intoxication.
(d)
An event permittee may not sell or offer for sale an alcoholic product at a special or 
reduced price for only certain hours of the day of an event.
(e)
An event permittee may not sell, offer for sale, or furnish more than one alcoholic 
product at the price of a single alcoholic product.
(f)
An event permittee, or a person operating, selling, offering, or furnishing an alcoholic 
product under an event permit, may not sell, offer for sale, or furnish an indefinite or 
unlimited number of alcoholic products during a set period for a fixed price, unless:
(i)
the alcoholic product is served to a patron at a seated event;
(ii)
food is available whenever the alcoholic product is sold, offered for sale, or 
furnished; and
(iii)
no person advertises that at the event a person may be sold or furnished an 
indefinite or unlimited number of alcoholic products during a set period for a 
fixed price.
(g)
An event permittee may not engage in a public promotion involving or offering a 
free alcoholic product to the general public.
(10)
An event permittee may not sell, offer for sale, or furnish an alcoholic product to:
(a)
a minor;
(b)
a person actually, apparently, or obviously intoxicated;
(c)
a known interdicted person; or
(d)
a known habitual drunkard.
(11)
(a)
An alcoholic product is considered under the control of the event permittee 
during an event.
(b)
A patron at an event may not bring an alcoholic product onto the premises of the 
event.
(12)
An event permittee may not permit a patron to carry from the premises an open 
container that:
(a)
is used primarily for drinking purposes; and
(b)
contains an alcoholic product.
(13)
(a)
A person involved in the storage, sale, or furnishing of an alcoholic product at an 
event is considered under the supervision and direction of the event permittee.
(b)
A person involved in the sale, offer for sale, or furnishing of an alcoholic product at 
an event may not, while on duty:
(i)
consume an alcoholic product; or
(ii)
be intoxicated.
(14)
A minor may not handle, sell, offer for sale, or furnish an alcoholic product at an event.
(15)
The location specified in an event permit may not be changed without prior written 
approval of the commission.
(16)
An event permittee may not sell, transfer, assign, exchange, barter, give, or attempt in 
any way to dispose of the event permit to another person whether for monetary gain or 
not.
(17)
(a)
An event permittee may not sell, offer for sale, furnish, or allow the consumption 
of an alcoholic product during a period that:
(i)
begins at 1 a.m.; and
(ii)
ends at 9:59 a.m.
(b)
This Subsection 
(17)
 does not preclude a local authority from being more restrictive 
with respect to the hours of sale, offer for sale, furnishing, or consumption of an 
alcoholic product at an event.
(18)
A patron may have no more than one alcoholic product of any kind at a time before the 
patron.
(19)
(a)
An event permittee shall display, in a prominent place, a sign in large letters that 
consists of text in the following order:
(i)
a header that reads: "WARNING";
(ii)
a warning statement that reads: "Drinking alcoholic beverages during pregnancy 
can cause birth defects and permanent brain damage for the child.";
(iii)
a statement in smaller font that reads: "Call the Utah Department of Health
 and 
Human Services
 at [insert most current toll-free number] with questions or for 
more information.";
(iv)
a header that reads: "WARNING"; and
(v)
a warning statement that reads: "Driving under the influence of alcohol or drugs is 
a serious crime that is prosecuted aggressively in Utah."
(b)
(i)
The text described in Subsections 
(19)(a)(i)
 through 
(iii)
 shall be in a different 
font style than the text described in Subsections 
(19)(a)(iv)
 and 
(v)
.
(ii)
The warning statements in the sign described in Subsection 
(19)(a)
 shall be in the 
same font size.
(c)
The Department of Health
 and Human Services
 shall work with the commission and 
department to facilitate consistency in the format of a sign required under this section.
Section 46, Section 
34-45-102
 is amended to read:
34-45-102
. Definitions.
As used in this chapter:
(1)
"Firearm" has the same meaning as provided in Section 
76-10-501
76-11-101
.
(2)
"Motor vehicle" has the same meaning as provided in Section 
41-1a-102
.
(3)
"Person" means an individual, property owner, landlord, tenant, employer, business 
entity, or other legal entity.
Section 47, Section 
34-45-107
 is amended to read:
34-45-107
. Exemptions -- Limitations on chapter -- School premises -- 
Government entities -- Religious organizations -- Single family detached residential units.
(1)
(a)
School premises, as defined in Subsection 
76-3-203.2(1)
, are exempt from the 
provisions of this chapter.
(b)
Possession of a firearm on or about school premises is subject to the provisions of 
Section 
76-10-505.5
76-11-204
.
(2)
Government entities, including a local authority or state entity, are subject to the 
requirements of 
Title 53, Chapter 5a, Firearm Laws
, but are otherwise exempt from the 
provisions of this chapter.
(3)
Religious organizations, including religious organizations acting as an employer, are 
exempt from, and are not subject to the provisions of this chapter.
(4)
Owner-occupied single family detached residential units and tenant-occupied single 
family detached residential units are exempt from the provisions of this chapter.
(5)
A person who is subject to federal law that specifically forbids the presence of a firearm 
on property designated for motor vehicle parking, or a person who is subject to Section 
550 of the United States Department of Homeland Security Appropriations Act of 2007, 
Pub. L. No. 109-295 or regulations enacted in accordance with that section, is exempt 
from Section 
34-45-103
 if:
(a)
providing alternative parking or a storage location under Subsection 
34-45-103(2)(a)
would pose an undue burden on the person; and
(b)
the person files a statement with the attorney general citing the federal law that 
forbids the presence of a firearm and detailing the reasons why providing alternative 
parking or a storage location poses an undue burden.
(6)
A person who is subject to Section 550 of the United States Department of Homeland 
Security Appropriations Act of 2007, Pub. L. No. 109-295 or regulations enacted in 
accordance with that section is exempt from this chapter if:
(a)
the person has attempted to provide alternative parking or a storage location in 
accordance with Subsection 
34-45-103(2)(a)
;
(b)
the secretary of the federal Department of Homeland Security notifies the person that 
the provision of alternative parking or a storage location causes the person to be out 
of compliance with Section 550 of the United States Department of Homeland 
Security Appropriations Act of 2007, Pub. L. No. 109-295 or regulations enacted in 
accordance with that section and the person may be subject to punitive measures; and
(c)
the person files a detailed statement with the attorney general notifying the attorney 
general of the facts under Subsections 
(6)(a)
 and 
(b)
.
Section 48, Section 
34-52-201
 is amended to read:
34-52-201
. Public employer requirements.
(1)
Except as provided in Subsections 
(3)
 and 
(6)
, a public employer may not:
(a)
exclude an applicant from an initial interview because of:
(i)
a past criminal conviction or juvenile adjudication; or
(ii)
if the applicant is a mental health professional applicant, an arrest for an offense 
that occurred before the applicant was 18 years old;
(b)
make an inquiry related to an applicant's expunged criminal or juvenile delinquency 
history;
(c)
when making a hiring decision regarding a mental health professional applicant, 
consider:
(i)
an arrest for an offense that occurred before the mental health professional 
applicant was 18 years old;
(ii)
an arrest not followed by a criminal conviction or juvenile adjudication;
(iii)
a juvenile adjudication; or
(iv)
a past criminal conviction if:
(A)
the sentence for the criminal conviction is terminated; and
(B)
the mental health professional applicant was not incarcerated for the past 
criminal conviction or the mental health professional applicant's incarceration 
for the past criminal conviction ended at least three years before the day on 
which the mental health professional applicant applied for employment; or
(d)
deny a mental health professional applicant employment based on a past criminal 
conviction that does not bear a direct relationship to the mental health professional 
applicant's ability to safely or competently perform the duties of employment.
(2)
A public employer excludes an applicant from an initial interview under Subsection 
(1)
if the public employer:
(a)
requires an applicant to disclose a criminal conviction or juvenile adjudication:
(i)
on an employment application;
(ii)
before an initial interview; or
(iii)
if no interview is conducted, before making a conditional offer of employment; or
(b)
requires an applicant who is a mental health professional applicant to disclose an 
arrest for an offense that occurred before the applicant was 18 years old:
(i)
on an employment application;
(ii)
before an initial interview; or
(iii)
if no interview is conducted, before making a conditional offer of employment.
(3)
A public employer may not deny a mental health professional applicant employment 
that requires the mental health professional applicant to provide substance use treatment 
based on:
(a)
the mental health professional applicant's participation in substance use treatment; or
(b)
a past criminal conviction for a nonviolent drug offense if:
(i)
the sentence for the criminal conviction is terminated; and
(ii)
(A)
the mental health professional applicant was not incarcerated for the past 
criminal conviction; or
(B)
the mental health professional applicant's incarceration for the past criminal 
conviction ended at least three years before the day on which the mental health 
professional applicant applied for employment.
(4)
An applicant seeking employment from a public employer may answer a question 
related to an expunged criminal or juvenile delinquency record as though the action 
underlying the expunged criminal or juvenile delinquency record never occurred.
(5)
Except as provided in Subsections 
(1)
 through 
(3)
, this section does not prevent a public 
employer from:
(a)
asking an applicant for information about an applicant's criminal conviction or 
juvenile delinquency history during an initial interview or after an initial interview; or
(b)
considering an applicant's criminal conviction or juvenile delinquency history when 
making a hiring decision.
(6)
(a)
Subsections 
(1)
 through 
(4)
 do not apply:
(i)
if federal, state, or local law, including corresponding administrative rules, 
requires the consideration of an applicant's criminal conviction or juvenile 
delinquency history;
(ii)
to a public employer that is a law enforcement agency;
(iii)
to a public employer that is part of the criminal or juvenile justice system;
(iv)
to a public employer seeking a nonemployee volunteer;
(v)
to a public employer that works with children or vulnerable adults;
(vi)
to the Department of Alcoholic Beverage Services created in Section 
32B-2-203
;
(vii)
to the State Tax Commission;
(viii)
to a public employer whose primary purpose is performing financial or 
fiduciary functions; or
(ix)
to a public transit district hiring or promoting an individual for a safety sensitive 
position described in Section 
17B-2a-825
.
(b)
Subsections 
(1)(c)(iv)
 and 
(1)(d)
 do not apply to a criminal conviction for:
(i)
a violent felony as defined in Section 
76-3-203.5
; or
(ii)
a felony related to a criminal sexual act under
:
(A)
Title 76, Chapter 5, Part 4, Sexual Offenses
,
 other than Section 
76-5-417
, 
76-5-419
, or 
76-5-420
;
 or 
(B)
Title 76, Chapter 5b, Sexual Exploitation Act
.
(c)
Subsections 
(1)(a)(ii)
, 
(1)(c)
, 
(1)(d)
, and 
(3)
 apply to a person under contract with a 
public employer.
Section 49, Section 
34A-5-114
 is amended to read:
34A-5-114
. Limitations on enforceability of nondisclosure and 
non-disparagement clauses -- Retaliation prohibited.
(1)
As used in this section:
(a)
"Confidentiality clause" means a nondisclosure clause or a non-disparagement clause.
(b)
"Employee" means a current or a former employee.
(c)
"Nondisclosure clause" means an agreement between an employee and employer that:
(i)
prevents, or has the effect of preventing, an employee from disclosing or 
discussing:
(A)
sexual assault;
(B)
allegations of sexual assault;
(C)
sexual harassment; or
(D)
allegations of sexual harassment.
(d)
"Non-disparagement clause" means an agreement between an employee and 
employer that prohibits, or has the effect of prohibiting, an employee from making a 
negative statement that is:
(i)
about the employer; and
(ii)
related to:
(A)
a claim of sexual assault or sexual harassment;
(B)
a sexual assault dispute; or
(C)
a sexual harassment dispute.
(e)
"Post-employment restrictive covenant" means the same as that term is defined in 
Section 
34-51-102
.
(f)
"Proprietary information" means an employer's business plan or customer 
information.
(g)
"Retaliate" means taking an adverse action against an employee because the 
employee made an allegation of sexual harassment or assault, including:
(i)
discharge;
(ii)
suspension;
(iii)
demotion; or
(iv)
discrimination in the terms, conditions, or privileges of employment.
(h)
(i)
"Sexual assault" means:
(i)
(A)
conduct that would constitute a violation of 18 U.S.C. Secs. 2241 through 
2244; or
(ii)
(B)
criminal conduct described in Title 76, Chapter 5, Part 4, Sexual Offenses.
(ii)
"Sexual assault" does not include criminal conduct described in:
(A)
Section 
76-5-417
, enticing a minor;
(B)
Section 
76-5-418
, sexual battery;
(C)
Section 
76-5-419
, lewdness; or
(D)
Section 
76-5-420
, lewdness involving a child.
(i)
"Sexual assault dispute" means a dispute between an employer and the employer's 
employee relating to alleged sexual assault.
(j)
"Sexual harassment" means conduct that is a violation of:
(i)
Title VII of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000e et seq.; or
(ii)
Subsection 
34A-5-106
(1)(a)(i) prohibiting harassment on the basis of sex, sexual 
orientation, or gender.
(k)
"Sexual harassment dispute" means a dispute between an employer and the 
employer's employee relating to alleged sexual harassment.
(2)
(a)
A confidentiality clause regarding sexual misconduct, as a condition of 
employment, is against public policy and is void and unenforceable.
(b)
After an employee makes an allegation of sexual harassment or sexual assault, an 
employer of any sized business, regardless of Subsection 
34-5-102(1)(i)(D)
:
(i)
may not retaliate against the employee because the employee made an allegation 
of sexual harassment or assault; or
(ii)
may not retaliate based on an employee's refusal to enter into a confidentiality 
clause or an employment contract that, as a condition of employment, contains a 
confidentiality clause.
(c)
An employee may, within three business days after the day on which the employee 
agrees to a settlement agreement that includes a confidentiality clause regarding 
sexual misconduct, withdraw from the settlement agreement.
(3)
An employer who attempts to enforce a confidentiality clause in violation of this section:
(a)
is liable for all costs, including reasonable attorney fees, resulting from legal action 
to enforce the confidentiality clause; and
(b)
is not entitled to monetary damages resulting from a breach of a confidentiality 
clause.
(4)
This section does not:
(a)
prohibit an agreement between an employee who alleges sexual assault or sexual 
harassment and an employer from containing a nondisclosure clause, a 
non-disparagement clause, or any other clause prohibiting disclosure of:
(i)
the amount of a monetary settlement; or
(ii)
at the request of the employee, facts that could reasonably lead to the 
identification of the employee;
(b)
prohibit an employer from requiring an employee to:
(i)
sign a post-employment restrictive covenant; or
(ii)
agree not to disclose an employer's non-public trade secrets, proprietary 
information, or confidential information that does not involve illegal acts;
(c)
authorize an employee to:
(i)
disclose data otherwise protected by law or legal privilege; or
(ii)
knowingly make statements or disclosures that are false or made with reckless 
disregard of the truth;
(d)
prohibit an employee from discussing sexual misconduct or allegations of sexual 
misconduct in a civil or criminal case when subpoenaed if the sexual misconduct or 
allegations of sexual misconduct are against the individual whom the employee 
alleged engaged in sexual misconduct;
(e)
permit a disclosure that would violate state or federal law; or
(f)
limit other grounds that may exist at law or in equity for the unenforceability of a 
confidentiality clause.
Section 50, Section 
41-1a-1008
 is amended to read:
41-1a-1008
. Criminal penalty for violation.
(1)
Except as provided in Subsection 
(2)
 or unless otherwise provided, it is a class A 
misdemeanor to knowingly violate Sections 
41-1a-1001
 through 
41-1a-1006
.
(2)
Any owner, who is not a manufacturer, dealer, motor vehicle auction, or consignor to a 
motor vehicle auction not licensed under Section 
41-3-201
, who knowingly or 
intentionally conceals, removes, destroys, or alters a disclosure statement or a certificate 
of title branded under Section 
41-3-201
 or Sections 
41-1a-1004
 through 
41-1a-1005.3
 is 
guilty of a:
(a)
class A misdemeanor; or
(b)
third degree felony if the person has previously been convicted two or more times of 
knowingly or intentionally concealing, removing, destroying, or altering a disclosure 
statement or a certificate of title branded under Section 
41-3-201
 or Sections 
41-1a-1004
 through 
41-1a-1005.3
.
(3)
Criminal penalties under this chapter are not exclusive, but are in addition to those 
under Section 
76-10-1801
76-6-525
.
(4)
Each vehicle sold, offered for sale, or displayed for sale in violation of Section 
41-1a-1005.3
 shall be a separate offense.
Section 51, Section 
41-3-413
 is amended to read:
41-3-413
. Criminal penalties -- Nonexclusive.
(1)
Knowing or intentional concealment, removal, destruction, or alteration of a disclosure 
statement or of a certificate of title branded under Section 
41-1a-522
 is a second degree 
felony.
(2)
Criminal penalties under this chapter are not exclusive, but are in addition to those 
under Section 
76-10-1801
76-6-525
.
(3)
The remedies provided in Sections 
41-3-410
 through this section are not exclusive but 
are in addition to any other remedies provided by law.
Section 52, Section 
45-2-11
, which is renumbered from Section 76-9-504 is renumbered 
and amended to read:
76-9-504
45-2-11
. Fair reporting privilege of newspaper or broadcasting 
station personnel as to public official proceedings -- Privilege as to defamatory matter 
not subject to censorship.
No reporter, editor, or proprietor of any newspaper, and no owner, licensee, or operator 
of a visual or sound radio broadcasting station, or network of stations, nor the agents or 
employees of a newspaper or broadcasting station, is liable to any prosecution for a fair and 
true report or broadcast of any judicial, legislative, or other public official proceedings, or of 
any statement, speech, argument, or debate in course of the same, except upon proof of malice 
in making the report, which shall not be implied from the mere fact of publication. In no event 
shall any owner, licensee, or operator of a visual or sound radio broadcasting station or 
network of stations, or the agents or employees thereof, be liable for prosecution for any 
defamatory matter or statement published or uttered in such radio or television broadcast 
where the publication cannot be censored by reason of the provisions of federal statute or the 
regulations of the federal communications commission.
(1)
Except as provided in Subsection 
(2)
, the following persons may not be prosecuted for a 
fair and true report or broadcast of a judicial, legislative, or other public official 
proceeding, or of a statement, speech, argument, or debate related to the judicial, 
legislative, or other public official proceeding:
(a)
a reporter, editor, or proprietor of a newspaper;
(b)
an owner, a licensee, or an operator of a visual sound radio broadcasting station or 
network of stations; or
(c)
an agent or employee of a newspaper or broadcasting station.
(2)
Notwithstanding Subsection 
(1)
, a person listed in Subsection 
(1)(a)
, (b), or (c) may be 
prosecuted for making a report described in Subsection 
(1)
 if there is proof the person 
acted with malice in making the report, which may not be implied from the mere fact of 
publication.
(3)
An owner, licensee, or operator of a visual or sound radio broadcasting station or 
network of stations, or an agent or employee of a sound radio broadcasting station or 
network of stations, may not be prosecuted for a defamatory matter or statement 
published or uttered in a radio or television broadcast if the publication cannot be 
censored by reason of the provisions of a federal statute or a regulation issued by the 
Federal Communications Commission.
Section 53, Section 
45-2-12
, which is renumbered from Section 76-9-506 is renumbered 
and amended to read:
76-9-506
45-2-12
. Privilege as to communications between interested persons.
(1)
A communication made to a person interested in the communication by one who is 
also interested, or who stands in a relation to the former as to afford a reasonable ground 
for supposing his motive innocent, is not presumed to be malicious, and is a privileged 
communication.
(2)
Libelous remarks or comments connected with a matter privileged by Subsection 
(1)
receive no privilege by reason of the libelous remarks or comments being so connected.
Section 54, Section 
45-2-13
, which is renumbered from Section 76-9-509 is renumbered 
and amended to read:
76-9-509
45-2-13
. Conveying false or libelous material to newspaper or 
broadcasting stations.
Any
A
 person who willfully states, conveys, delivers, or transmits, by any means
whatsoever
, to the manager, editor, publisher, reporter, or agent of any radio station, 
television station, newspaper, magazine, periodical, or serial for publication
 therein
, any false 
or libelous statement concerning any person, and thereby secures actual publication
 of the 
same
, is guilty of a class B misdemeanor.
Section 55, Section 
47-3-305
 is amended to read:
47-3-305
. Exceptions and prohibitions.
(1)
This part does not apply to:
(a)
shooting ranges that are otherwise open to the public;
(b)
shooting ranges that are operated as a public shooting range staffed by and operated 
by Division of Wildlife Resources;
(c)
the Utah National Guard ranges located at Camp Williams and the Salt Lake 
International Airport;
(d)
Department of Corrections ranges; and
(e)
ranges owned, operated, or currently leased as of March 26, 2013, by a state or local 
public safety agency.
(2)
Firearms may not be allowed in a school building, except under the provision of Section 
76-10-505.5
76-11-204
, unless there is an outdoor entrance to the shooting range and the 
most direct access to the range is used. An outdoor entrance to a shooting range may not 
be blocked by fences, structures, or gates for the purpose of blocking the outdoor 
entrance.
(3)
Only air guns may be used in public ranges where the ventilation systems do not meet 
current OSHA standards as applied to the duration of exposure of the participants. For 
the purposes of this part, an air gun does not include larger caliber pneumatic weapons, 
paintball guns, or air shotguns.
(4)
Group range use is a lawful, approved activity under Subsection 
76-10-505.5(4)(a)
76-11-204(4)(d)
.
Section 56, Section 
51-9-203
 is amended to read:
51-9-203
. Requirements for tobacco and electronic cigarette programs.
(1)
To be eligible to receive funding under this part for a tobacco prevention, reduction, 
cessation, or control program, an organization, whether private, governmental, or 
quasi-governmental, shall:
(a)
submit a request to the Department of Health and Human Services containing the 
following information:
(i)
for media campaigns to prevent or reduce smoking, the request shall demonstrate 
sound management and periodic evaluation of the campaign's relevance to the 
intended audience, particularly in campaigns directed toward youth, including 
audience awareness of the campaign and recollection of the main message;
(ii)
for school-based education programs to prevent and reduce youth smoking, the 
request shall describe how the program will be effective in preventing and 
reducing youth smoking;
(iii)
for community-based programs to prevent and reduce smoking, the request shall 
demonstrate that the proposed program:
(A)
has a comprehensive strategy with a clear mission and goals;
(B)
provides for committed, caring, and professional leadership; and
(C)
if directed toward youth:
(I)
offers youth-centered activities in youth accessible facilities;
(II)
is culturally sensitive, inclusive, and diverse;
(III)
involves youth in the planning, delivery, and evaluation of services that 
affect them; and
(IV)
offers a positive focus that is inclusive of all youth; and
(iv)
for enforcement, control, and compliance program, the request shall demonstrate 
that the proposed program can reasonably be expected to reduce the extent to 
which tobacco products and electronic cigarette products, as those terms are 
defined in Section 
76-10-101
76-9-1101
, are available to individuals under 21 
years old;
(b)
agree, by contract, to file an annual written report with the Department of Health and 
Human Services that contains the following:
(i)
the amount funded;
(ii)
the amount expended;
(iii)
a description of the program or campaign and the number of adults and youth 
who participated;
(iv)
specific elements of the program or campaign meeting the applicable criteria set 
forth in Subsection 
(1)(a)
; and
(v)
a statement concerning the success and effectiveness of the program or campaign;
(c)
agree, by contract, to not use any funds received under this part directly or indirectly, 
to:
(i)
engage in any lobbying or political activity, including the support of, or opposition 
to, candidates, ballot questions, referenda, or similar activities; or
(ii)
engage in litigation with any tobacco manufacturer, retailer, or distributor, except 
to enforce:
(A)
the provisions of the Master Settlement Agreement;
(B)
Title 26B, Chapter 7, Part 5, Regulation of Smoking, Tobacco Products, and 
Nicotine Products
;
(C)
Sections 
26B-7-514
 through 
26B-7-520
; and
(D)
Title 77, Chapter 39, Sale of Tobacco or Alcohol to Under Age Persons
; and
(d)
agree, by contract, to repay the funds provided under this part if the organization:
(i)
fails to file a timely report as required by Subsection 
(1)(b)
; or
(ii)
uses any portion of the funds in violation of Subsection 
(1)(c)
.
(2)
The Department of Health and Human Services shall review and evaluate the success 
and effectiveness of any program or campaign that receives funding pursuant to a 
request submitted under Subsection 
(1)
. The review and evaluation:
(a)
shall include a comparison of annual smoking trends;
(b)
may be conducted by an independent evaluator; and
(c)
may be paid for by funds appropriated from the account for that purpose.
(3)
An organization that fails to comply with the contract requirements set forth in 
Subsection 
(1)
 shall:
(a)
repay the state as provided in Subsection 
(1)(d)
; and
(b)
be disqualified from receiving funds under this part in any subsequent fiscal year.
(4)
The attorney general shall be responsible for recovering funds that are required to be 
repaid to the state under this section.
(5)
Nothing in this section may be construed as applying to funds that are not appropriated 
under this part.
Section 57, Section 
51-9-801
 is amended to read:
51-9-801
. Opioid Litigation Proceeds Restricted Account.
(1)
There is created within the General Fund a restricted account known as the Opioid 
Litigation Proceeds Restricted Account.
(2)
The account consists of:
(a)
any money deposited into the account in accordance with Subsection 
(3)
;
(b)
interest earned on money in the account; and
(c)
money appropriated to the account by the Legislature.
(3)
Notwithstanding Sections 
13-2-8
 and 
76-10-3114
67-5-40
, after reimbursement to the 
attorney general and the Department of Commerce for expenses related to the matters 
described in Subsection 
(3)(a)
 or 
(b)
, the following shall be deposited into the account:
(a)
all money received by the attorney general or the Department of Commerce as a 
result of any judgment, settlement, or compromise of claims pertaining to alleged 
violations of law related to the manufacture, marketing, distribution, or sale of 
opioids from a case designated as an opioid case by the attorney general in a legal 
services contract; and
(b)
all money received by the attorney general or the Department of Commerce as a 
result of any multistate judgment, settlement, or compromise of claims pertaining to 
alleged violations of law related to the manufacture, marketing, distribution, or sale 
of opioids.
(4)
Subject to appropriation by the Legislature, money in the account shall be used:
(a)
to address the effects of alleged violations of law related to the manufacture, 
marketing, distribution, or sale of opioids; or
(b)
if applicable, in accordance with the terms of a settlement agreement described in 
Subsection 
(3)(a)
 or 
(b)
 entered into by the state.
Section 58, Section 
53-2a-214
 is amended to read:
53-2a-214
. Prohibition of restrictions on and confiscation of a firearm or 
ammunition during an emergency.
(1)
As used in this section:
(a)
(i)
"Confiscate" means for an individual in Utah to intentionally deprive another of 
a privately owned firearm.
(ii)
"Confiscate" does not include the taking of a firearm from an individual:
(A)
in self-defense;
(B)
possessing a firearm while the individual is committing a felony or 
misdemeanor; or
(C)
who may not, under state or federal law, possess the firearm.
(b)
"Firearm" has the same meaning as defined in Section 
76-10-501
76-11-101
.
(2)
During a declared state of emergency or local emergency under this part:
(a)
neither the governor nor an agency of a governmental entity or political subdivision 
of the state may impose restrictions, which were not in force before the declared state 
of emergency, on the lawful possession, transfer, sale, transport, storage, display, or 
use of a firearm or ammunition; and
(b)
an individual, while acting or purporting to act on behalf of the state or a political 
subdivision of the state, may not confiscate a privately owned firearm of another 
individual.
(3)
A law or regulation passed during a declared state of emergency that does not relate 
specifically to the lawful possession or use of a firearm and that has attached criminal 
penalties may not be used to justify the confiscation of a firearm from an individual 
acting in defense of self, property, or others when on:
(a)
the individual's private property; or
(b)
the private property of another as an invitee.
(4)
(a)
An individual who has a firearm confiscated in violation of Subsection 
(2)
 may 
bring a civil action in a court having the appropriate jurisdiction:
(i)
for damages, in the maximum amount of $10,000, against a person who violates 
Subsection 
(2)
;
(ii)
for a civil penalty, in the amount of $5,000 per violation, against a person who 
violates Subsection 
(2)
; and
(iii)
for return of the confiscated firearm.
(b)
As used in this Subsection 
(4)
, "person" means an individual, the governmental 
entity on whose behalf the individual is acting or purporting to act, or both the 
individual and the governmental entity.
(5)
(a)
A law enforcement officer is not subject to disciplinary action for refusing to 
confiscate a firearm under this section if:
(i)
ordered or directed to do so by a superior officer; and
(ii)
by obeying the order or direction, the law enforcement officer would be 
committing a violation of this section.
(b)
For purposes of this Subsection 
(5)
, disciplinary action might include:
(i)
dismissal, suspension, or demotion;
(ii)
loss of or decrease in benefits, pay, privileges or conditions of employment; and
(iii)
any type of written or electronic indication, permanent or temporary, on the 
officer's personnel record of the officer's refusal to obey the unlawful order.
(6)
(a)
If a law enforcement officer commits a violation of this section, the officer's 
liability in an action brought under Subsection 
(4)(a)
 is limited to 5% of the damages 
and civil penalty allowed under Subsection 
(4)(a)
 if the officer can show by clear and 
convincing evidence that the officer was obeying a direct and unlawful order from a 
superior officer or authority.
(b)
The court shall assess the balance of the damages and civil penalty, the remaining 
95%, against the superior officer or authority who ordered or directed the 
confiscation in violation of this section.
Section 59, Section 
53-3-219
 is amended to read:
53-3-219
. Suspension of minor's driving privileges.
(1)
The division shall immediately suspend all driving privileges of any person upon receipt 
of an order suspending driving privileges under Section 
32B-4-409
, Section 
32B-4-410
, 
Subsection 
76-9-701(1)
76-9-110(6)(a)
, or Section 
80-6-707
.
(2)
(a)
(i)
Upon receipt of the first order suspending a person's driving privileges under 
Section 
32B-4-409
, Section 
32B-4-410
, Subsection 
76-9-701(1)
76-9-110(6)(a)
, 
or Section 
80-6-707
, the division shall:
(A)
impose a suspension for a period of one year;
(B)
if the person has not been issued an operator license, deny the person's 
application for a license or learner's permit for a period of one year; or
(C)
if the person is under the age of eligibility for a driver license, deny the 
person's application for a license or learner's permit beginning on the date of 
conviction and continuing for one year beginning on the date of eligibility for a 
driver license.
(ii)
Upon receipt of the first order suspending a person's driving privileges under this 
section, the division shall reduce the suspension period under Subsection 
(2)(a)(i)(A)
, 
(B)
, or 
(C)
 if ordered by the court in accordance with Subsection 
32B-4-409(5)(b)
, 
32B-4-410(4)(b)
, 
76-9-701(4)(b)
76-9-110(6)(b)
, or 
80-6-707(3)(a)
.
(b)
(i)
Upon receipt of a second or subsequent order suspending a person's driving 
privileges under Section 
32B-4-409
, Section 
32B-4-410
, Subsection 
76-9-701(1)
76-9-110(6)(a)
, or Subsection 
80-6-707(3)(b)
, the division shall:
(A)
impose a suspension for a period of two years;
(B)
if the person has not been issued an operator license or is under the age of 
eligibility for a driver license, deny the person's application for a license or 
learner's permit for a period of two years; or
(C)
if the person is under the age of eligibility for a driver license, deny the 
person's application for a license or learner's permit beginning on the date of 
conviction and continuing for two years beginning on the date of eligibility for 
a driver license.
(ii)
Upon receipt of the second or subsequent order suspending a person's driving 
privileges under Section 
32B-4-409
, Section 
32B-4-410
, Subsection 
76-9-701(1)
76-9-110(6)(a)
, or Section 
80-6-707
, the division shall reduce the suspension 
period if ordered by the court in accordance with Subsection 
32B-4-409(5)(c)
, 
32B-4-410(4)(c)
, 
76-9-701(4)(c)
76-9-110(6)(c)
, or 
80-6-707(3)(b)
.
(3)
The Driver License Division shall subtract from any suspension or revocation period for 
a conviction of a violation of Section 
32B-4-409
 the number of days for which a license 
was previously suspended under Section 
53-3-231
, if the previous sanction was based on 
the same occurrence upon which the record of conviction is based.
(4)
After reinstatement of the license described in Subsection 
(1)
, a report authorized under 
Section 
53-3-104
 may not contain evidence of the suspension of a minor's license under 
this section if the minor has not been convicted of any other offense for which the 
suspension under Subsection 
(1)
 may be extended.
Section 60, Section 
53-3-220
 is amended to read:
53-3-220
. Offenses requiring mandatory revocation, denial, suspension, or 
disqualification of license -- Offense requiring an extension of period -- Hearing -- 
Limited driving privileges.
(1)
(a)
The division shall immediately revoke or, when this chapter, Title 41, Chapter 6a, 
Traffic Code, or Section 
76-5-303
, specifically provides for denial, suspension, or 
disqualification, the division shall deny, suspend, or disqualify the license of a person 
upon receiving a record of the person's conviction for:
(i)
manslaughter or negligent homicide resulting from driving a motor vehicle, 
automobile homicide under Section 
76-5-207
, or automobile homicide involving 
using a handheld wireless communication device while driving under Section 
76-5-207.5
;
(ii)
driving or being in actual physical control of a motor vehicle while under the 
influence of alcohol, any drug, or combination of them to a degree that renders the 
person incapable of safely driving a motor vehicle as prohibited in Section 
41-6a-502
 or as prohibited in an ordinance that complies with the requirements of 
Subsection 
41-6a-510
(1);
(iii)
driving or being in actual physical control of a motor vehicle while having a 
blood or breath alcohol content as prohibited in Section 
41-6a-502
 or as prohibited 
in an ordinance that complies with the requirements of Subsection 
41-6a-510
(1);
(iv)
perjury or the making of a false affidavit to the division under this chapter, Title 
41, Motor Vehicles, or any other law of this state requiring the registration of 
motor vehicles or regulating driving on highways;
(v)
any felony under the motor vehicle laws of this state;
(vi)
any other felony in which a motor vehicle is used to facilitate the offense;
(vii)
failure to stop and render aid as required under the laws of this state if a motor 
vehicle accident results in the death or personal injury of another;
(viii)
two charges of reckless driving, impaired driving, or any combination of 
reckless driving and impaired driving committed within a period of 12 months; 
but if upon a first conviction of reckless driving or impaired driving the judge or 
justice recommends suspension of the convicted person's license, the division may 
after a hearing suspend the license for a period of three months;
(ix)
failure to bring a motor vehicle to a stop at the command of a law enforcement 
officer as required in Section 
41-6a-210
;
(x)
any offense specified in Part 4, Uniform Commercial Driver License Act, that 
requires disqualification;
(xi)
a felony violation of Section 
76-10-508
 or 
76-10-508.1
76-11-207
 or 
76-11-208
involving discharging or allowing the discharge of a firearm from a vehicle;
(xii)
using, allowing the use of, or causing to be used any explosive, chemical, or 
incendiary device from a vehicle in violation of Subsection 
76-10-306
(4)(b)
76-15-210(2)(b)(ii)
;
(xiii)
operating or being in actual physical control of a motor vehicle while having 
any measurable controlled substance or metabolite of a controlled substance in the 
person's body in violation of Section 
41-6a-517
;
(xiv)
operating or being in actual physical control of a motor vehicle while having 
any measurable or detectable amount of alcohol in the person's body in violation 
of Section 
41-6a-530
;
(xv)
engaging in a motor vehicle speed contest or exhibition of speed on a highway in 
violation of Section 
41-6a-606
;
(xvi)
operating or being in actual physical control of a motor vehicle in this state 
without an ignition interlock system in violation of Section 
41-6a-518.2
; 
(xvii)
refusal of a chemical test under Subsection 
41-6a-520.1
(1); or
(xviii)
two or more offenses that:
(A)
are committed within a period of one year;
(B)
are enhanced under Section 
76-3-203.17
; and
(C)
arose from separate incidents.
(b)
The division shall immediately revoke the license of a person upon receiving a 
record of an adjudication under Section 
80-6-701
 for:
(i)
a felony violation of Section 
76-10-508
 or 
76-10-508.1
76-11-207
 or 
76-11-208
involving discharging or allowing the discharge of a firearm from a vehicle; or
(ii)
using, allowing the use of, or causing to be used any explosive, chemical, or 
incendiary device from a vehicle in violation of Subsection 
76-10-306
(4)(b)
76-15-210(2)(b)(ii)
.
(c)
(i)
Except when action is taken under Section 
53-3-219
 for the same offense, upon 
receiving a record of conviction, the division shall immediately suspend for six 
months the license of the convicted person if the person was convicted of 
violating any one of the following offenses while the person was an operator of a 
motor vehicle, and the court finds that a driver license suspension is likely to 
reduce recidivism and is in the interest of public safety:
(A)
Title 58, Chapter 37, Utah Controlled Substances Act;
(B)
Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
(C)
Title 58, Chapter 37b, Imitation Controlled Substances Act;
(D)
Title 58, Chapter 37c, Utah Controlled Substance Precursor Act;
(E)
Title 58, Chapter 37d, Clandestine Drug Lab Act; or
(F)
any criminal offense that prohibits possession, distribution, manufacture, 
cultivation, sale, or transfer of any substance that is prohibited under the acts 
described in Subsections (1)(c)(i)(A) through (E), or the attempt or conspiracy 
to possess, distribute, manufacture, cultivate, sell, or transfer any substance that 
is prohibited under the acts described in Subsections (1)(c)(i)(A) through (E).
(ii)
Notwithstanding the provisions in Subsection (1)(c)(i), the division shall reinstate 
a person's driving privilege before completion of the suspension period imposed 
under Subsection (1)(c)(i) if the reporting court notifies the Driver License 
Division, in a manner specified by the division, that the defendant is participating 
in or has successfully completed a drug court program as defined in Section 
78A-5-201
.
(iii)
If a person's driving privilege is reinstated under Subsection (1)(c)(ii), the person 
is required to pay the license reinstatement fees under Subsection 
53-3-105
(26).
(iv)
The court shall notify the division, in a manner specified by the division, if a 
person fails to complete all requirements of the drug court program.
(v)
Upon receiving the notification described in Subsection (1)(c)(iv), the division 
shall suspend the person's driving privilege for a period of six months from the 
date of the notice, and no days shall be subtracted from the six-month suspension 
period for which a driving privilege was previously suspended under Subsection 
(1)(c)(i).
(d)
(i)
The division shall immediately suspend a person's driver license for conviction 
of the offense of theft of motor vehicle fuel under Section 
76-6-404.7
 if the 
division receives:
(A)
an order from the sentencing court requiring that the person's driver license be 
suspended; and
(B)
a record of the conviction.
(ii)
An order of suspension under this section is at the discretion of the sentencing 
court, and may not be for more than 90 days for each offense.
(e)
(i)
The division shall immediately suspend for one year the license of a person 
upon receiving a record of:
(A)
conviction for the first time for a violation under Section 
32B-4-411
; or
(B)
an adjudication under Section 
80-6-701
 for a violation under Section 
32B-4-411
.
(ii)
The division shall immediately suspend for a period of two years the license of a 
person upon receiving a record of:
(A)
(I)
conviction for a second or subsequent violation under Section 
32B-4-411
; 
and
(II)
the violation described in Subsection (1)(e)(ii)(A)(I) is within 10 years of a 
prior conviction for a violation under Section 
32B-4-411
; or
(B)
(I)
a second or subsequent adjudication under Section 
80-6-701
 for a 
violation under Section 
32B-4-411
; and
(II)
the adjudication described in Subsection (1)(e)(ii)(B)(I) is within 10 years 
of a prior adjudication under Section 
80-6-701
 for a violation under Section 
32B-4-411
.
(iii)
Upon receipt of a record under Subsection (1)(e)(i) or (ii), the division shall:
(A)
for a conviction or adjudication described in Subsection (1)(e)(i):
(I)
impose a suspension for one year beginning on the date of conviction; or
(II)
if the person is under the age of eligibility for a driver license, impose a 
suspension that begins on the date of conviction and continues for one year 
beginning on the date of eligibility for a driver license; or
(B)
for a conviction or adjudication described in Subsection (1)(e)(ii):
(I)
impose a suspension for a period of two years; or
(II)
if the person is under the age of eligibility for a driver license, impose a 
suspension that begins on the date of conviction and continues for two years 
beginning on the date of eligibility for a driver license.
(iv)
Upon receipt of the first order suspending a person's driving privileges under 
Section 
32B-4-411
, the division shall reduce the suspension period under 
Subsection (1)(e)(i) if ordered by the court in accordance with Subsection 
32B-4-411
(3)(a).
(v)
Upon receipt of the second or subsequent order suspending a person's driving 
privileges under Section 
32B-4-411
, the division shall reduce the suspension 
period under Subsection (1)(e)(ii) if ordered by the court in accordance with 
Subsection 
32B-4-411
(3)(b).
(f)
The division shall immediately suspend a person's driver license for the conviction of 
an offense that is enhanced under Section 
76-3-203.17
 if the division receives:
(i)
an order from the sentencing court requiring the person's driver license to be 
suspended; and
(ii)
a record of the conviction.
(2)
The division shall extend the period of the first denial, suspension, revocation, or 
disqualification for an additional like period, to a maximum of one year for each 
subsequent occurrence, upon receiving:
(a)
a record of the conviction of any person on a charge of driving a motor vehicle while 
the person's license is denied, suspended, revoked, or disqualified;
(b)
a record of a conviction of the person for any violation of the motor vehicle law in 
which the person was involved as a driver;
(c)
a report of an arrest of the person for any violation of the motor vehicle law in which 
the person was involved as a driver; or
(d)
a report of an accident in which the person was involved as a driver.
(3)
When the division receives a report under Subsection (2)(c) or (d) that a person is 
driving while the person's license is denied, suspended, disqualified, or revoked, the 
person is entitled to a hearing regarding the extension of the time of denial, suspension, 
disqualification, or revocation originally imposed under Section 
53-3-221
.
(4)
(a)
The division may extend to a person the limited privilege of driving a motor 
vehicle to and from the person's place of employment or within other specified limits 
on recommendation of the judge in any case where a person is convicted of any of 
the offenses referred to in Subsections (1) and (2) except:
(i)
those offenses referred to in Subsections (1)(a)(i), (ii), (iii), (xi), (xii), (xiii), (1)(b), 
and (1)(c)(i); and
(ii)
those offenses referred to in Subsection (2) when the original denial, suspension, 
revocation, or disqualification was imposed because of a violation of Section 
41-6a-502
, 
41-6a-517
, a local ordinance that complies with the requirements of 
Subsection 
41-6a-510
(1), Section 
41-6a-520
, 
41-6a-520.1
, 
76-5-102.1
, or 
76-5-207
, 
or a criminal prohibition that the person was charged with violating as a result of a 
plea bargain after having been originally charged with violating one or more of 
these sections or ordinances, unless:
(A)
the person has had the period of the first denial, suspension, revocation, or 
disqualification extended for a period of at least three years;
(B)
the division receives written verification from the person's primary care 
physician or physician assistant that:
(I)
to the physician's or physician assistant's knowledge the person has not used 
any narcotic drug or other controlled substance except as prescribed by a 
licensed medical practitioner within the last three years; and
(II)
the physician or physician assistant is not aware of any physical, 
emotional, or mental impairment that would affect the person's ability to 
operate a motor vehicle safely; and
(C)
for a period of one year prior to the date of the request for a limited driving 
privilege:
(I)
the person has not been convicted of a violation of any motor vehicle law in 
which the person was involved as the operator of the vehicle;
(II)
the division has not received a report of an arrest for a violation of any 
motor vehicle law in which the person was involved as the operator of the 
vehicle; and
(III)
the division has not received a report of an accident in which the person 
was involved as an operator of a vehicle.
(b)
(i)
Except as provided in Subsection (4)(b)(ii), the discretionary privilege 
authorized in this Subsection (4):
(A)
is limited to when undue hardship would result from a failure to grant the 
privilege; and
(B)
may be granted only once to any person during any single period of denial, 
suspension, revocation, or disqualification, or extension of that denial, 
suspension, revocation, or disqualification.
(ii)
The discretionary privilege authorized in Subsection (4)(a)(ii):
(A)
is limited to when the limited privilege is necessary for the person to commute 
to school or work; and
(B)
may be granted only once to any person during any single period of denial, 
suspension, revocation, or disqualification, or extension of that denial, 
suspension, revocation, or disqualification.
(c)
A limited CDL may not be granted to a person disqualified under Part 4, Uniform 
Commercial Driver License Act, or whose license has been revoked, suspended, 
cancelled, or denied under this chapter.
Section 61, Section 
53-3-229
 is amended to read:
53-3-229
. Prohibited uses of license certificate -- Penalty.
(1)
It is a class C misdemeanor for an individual to:
(a)
lend or knowingly permit the use of a license certificate issued to the individual, by 
another individual not entitled to the license certificate;
(b)
display or represent as the individual's own license certificate a license certificate not 
issued to the individual;
(c)
refuse to surrender to the division or a peace officer upon demand any license 
certificate issued by the division;
(d)
use a false name or give a false address in any application for a license or any 
renewal or duplicate of the license certificate, or to knowingly make a false 
statement, or to knowingly conceal a material fact or otherwise commit a fraud in the 
application;
(e)
display a canceled, denied, revoked, suspended, or disqualified driver license 
certificate as a valid driver license certificate;
(f)
knowingly acquire, use, display, or transfer an item that purports to be an authentic 
driver license certificate issued by a governmental entity if the item is not an 
authentic driver license certificate issued by that governmental entity; or
(g)
alter any information on an authentic driver license certificate so that it no longer 
represents the information originally displayed.
(2)
The provisions of Subsection 
(1)(e)
 do not prohibit the use of an individual's driver 
license certificate as a means of personal identification.
(3)
It is a class A misdemeanor to knowingly:
(a)
issue a driver license certificate with false or fraudulent information;
(b)
issue a driver license certificate to an individual who is younger than 21 years old if 
the driver license certificate is not distinguished as required for an individual who is 
younger than 21 years old under Section 
53-3-207
; or
(c)
acquire, use, display, or transfer a false or altered driver license certificate to procure 
a tobacco product, an electronic cigarette product, or a nicotine product as those 
terms are defined in Section 
76-10-101
76-9-1101
.
(4)
An individual may not use, display, or transfer a false or altered driver license certificate 
to procure alcoholic beverages, gain admittance to a place where alcoholic beverages are 
sold or consumed, or obtain employment that may not be obtained by a minor in 
violation of Section 
32B-1-403
.
(5)
It is a third degree felony if an individual's acquisition, use, display, or transfer of a false 
or altered driver license certificate:
(a)
aids or furthers the individual's efforts to fraudulently obtain goods or services; or
(b)
aids or furthers the individual's efforts to commit a violent felony.
Section 62, Section 
53-3-810
 is amended to read:
53-3-810
. Prohibited uses of identification card -- Penalties.
(1)
It is a class C misdemeanor to:
(a)
lend or knowingly permit the use of an identification card issued to the individual, by 
an individual not entitled to the identification card;
(b)
display or to represent as the individual's own identification card an identification 
card not issued to the individual;
(c)
refuse to surrender to the division or a peace officer upon demand any identification 
card issued by the division;
(d)
use a false name or give a false address in any application for an identification card 
or any renewal or duplicate of the identification card, or to knowingly make a false 
statement, or to knowingly conceal a material fact in the application;
(e)
display a revoked identification card as a valid identification card;
(f)
knowingly acquire, use, display, or transfer an item that purports to be an authentic 
identification card issued by a governmental entity if the item is not an authentic 
identification card issued by that governmental entity; or
(g)
alter any information contained on an authentic identification card so that it no 
longer represents the information originally displayed.
(2)
It is a class A misdemeanor to knowingly:
(a)
issue an identification card with false or fraudulent information;
(b)
issue an identification card to an individual who is younger than 21 years old if the 
identification card is not distinguished as required for an individual who is younger 
than 21 years old under Section 
53-3-806
; or
(c)
acquire, use, display, or transfer a false or altered identification card to procure a 
tobacco product, an electronic cigarette product, or a nicotine product as those terms 
are defined in Section 
76-10-101
76-9-1101
.
(3)
An individual may not knowingly use, display, or transfer a false or altered 
identification card to procure alcoholic beverages, gain admittance to a place where 
alcoholic beverages are sold or consumed, or obtain employment that may not be 
obtained by a minor in violation of Section 
32B-1-403
.
(4)
It is a third degree felony if an individual's acquisition, use, display, or transfer of a false 
or altered identification card:
(a)
aids or furthers the individual's efforts to fraudulently obtain goods or services; or
(b)
aids or furthers the individual's efforts to commit a violent felony.
Section 63, Section 
53-5-702
 is amended to read:
53-5-702
. Definitions.
In addition to the definitions in Section 
76-10-501
76-11-101
, as used in this part:
(1)
"Active duty service member" means a person on active military duty with the United 
States military and includes full time military active duty, military reserve active duty, 
and national guard military active duty service members stationed in Utah.
(2)
"Active duty service member spouse" means a person recognized by the military as the 
spouse of an active duty service member and who resides with the active duty service 
member in Utah.
(3)
"Board" means the Concealed Firearm Review Board created in Section 
53-5-703
.
(4)
"Bureau" means the Bureau of Criminal Identification created in Section 
53-10-201
within the Department of Public Safety.
(5)
"Commissioner" means the commissioner of the Department of Public Safety.
(6)
"Conviction" means criminal conduct where the filing of a criminal charge has resulted 
in:
(a)
a finding of guilt based on evidence presented to a judge or jury;
(b)
a guilty plea;
(c)
a plea of nolo contendere;
(d)
a plea of guilty or nolo contendere which is held in abeyance pending the successful 
completion of probation;
(e)
a pending diversion agreement; or
(f)
a conviction which has been reduced in accordance with Section 
76-3-402
.
(7)
(a)
"School employee" means an employee of a public school district, charter school, 
or private school whose duties, responsibilities, or assignments require the employee 
to be physically present on a school's campus at least half of the days on which 
school is held during a school year.
(b)
"School employee" also means a substitute teacher, as defined in Section 
53E-6-901
.
(8)
"School year" means the period of time designated by a local school board, charter 
school governing board, or private school as the school year for high school, middle 
school, or elementary school students.
Section 64, Section 
53-5-704
 is amended to read:
53-5-704
. Bureau duties -- Permit to carry concealed firearm -- Certification for 
concealed firearms instructor -- Requirements for issuance -- Violation -- Denial, 
suspension, or revocation -- Appeal procedure.
(1)
(a)
Except as provided in Subsection (1)(b), the bureau shall issue a permit to carry a 
concealed firearm for lawful self defense to an applicant who is 21 years old or older 
within 60 days after receiving an application, unless the bureau finds proof that the 
applicant is not qualified to hold a permit under Subsection (2) or (3).
(b)
(i)
Within 90 days before the day on which a provisional permit holder under 
Section 
53-5-704.5
 reaches 21 years old, the provisional permit holder may apply 
under this section for a permit to carry a concealed firearm for lawful self defense.
(ii)
The bureau shall issue a permit for an applicant under Subsection (1)(b)(i) within 
60 days after receiving an application, unless the bureau finds proof that the 
applicant is not qualified to hold a permit under Subsection (2) or (3).
(iii)
A permit issued under this Subsection (1)(b):
(A)
is not valid until an applicant is 21 years old; and
(B)
requires a $10 application fee.
(iv)
A person who applies for a permit under this Subsection (1)(b) is not required to 
retake the firearms training described in Subsection 
53-5-704
(8).
(c)
The permit is valid throughout the state for five years, without restriction, except as 
otherwise provided by Section 
53-5-710
.
(d)
The provisions of Subsections 
76-10-504
(1) and (2)
76-11-202(2)
, (3)(a), and (3)(b)
, 
and Section 
76-10-505
76-11-203
 do not apply to an individual issued a permit 
under Subsection (1)(a) or (b).
(e)
Subsection (4)(a) does not apply to a nonresident:
(i)
active duty service member, who presents to the bureau orders requiring the active 
duty service member to report for duty in this state; or
(ii)
active duty service member's spouse, stationed with the active duty service 
member, who presents to the bureau the active duty service member's orders 
requiring the service member to report for duty in this state.
(2)
(a)
The bureau may deny, suspend, or revoke a concealed firearm permit if the 
applicant or permit holder:
(i)
has been or is convicted of a felony;
(ii)
has been or is convicted of a crime of violence;
(iii)
has been or is convicted of an offense involving the use of alcohol;
(iv)
has been or is convicted of an offense involving the unlawful use of narcotics or 
other controlled substances;
(v)
has been or is convicted of an offense involving moral turpitude;
(vi)
has been or is convicted of an offense involving domestic violence;
(vii)
has been or is adjudicated by a state or federal court as mentally incompetent, 
unless the adjudication has been withdrawn or reversed; and
(viii)
is not qualified to purchase and possess a firearm pursuant to Section 
76-10-503
76-11-302
 and federal law.
(b)
In determining whether an applicant or permit holder is qualified to hold a permit 
under Subsection (2)(a), the bureau shall consider mitigating circumstances.
(3)
(a)
The bureau may deny, suspend, or revoke a concealed firearm permit if it has 
reasonable cause to believe that the applicant or permit holder has been or is a danger 
to self or others as demonstrated by evidence, including:
(i)
past pattern of behavior involving unlawful violence or threats of unlawful 
violence;
(ii)
past participation in incidents involving unlawful violence or threats of unlawful 
violence; or
(iii)
conviction of an offense in violation of 
Title 76, Chapter 10, Part 5, Weapons
Title 76, Chapter 11, Weapons
.
(b)
The bureau may not deny, suspend, or revoke a concealed firearm permit solely for a 
single conviction of an infraction violation of 
Title 76, Chapter 10, Part 5, Weapons
Title 76, Chapter 11, Weapons
.
(c)
In determining whether the applicant or permit holder has been or is a danger to self 
or others, the bureau may inspect:
(i)
expunged records of arrests and convictions of adults as provided in Section 
77-40a-403
; and
(ii)
juvenile court records as provided in Section 
78A-6-209
.
(d)
(i)
The bureau shall suspend a concealed firearm permit if a permit holder 
becomes a temporarily restricted person in accordance with Section 
53-5c-301
.
(ii)
Upon removal from the temporary restricted list, the permit holder's permit shall 
be reinstated unless:
(A)
the permit has been revoked, been suspended for a reason other than the 
restriction described in Subsection (3)(d)(i), or expired; or
(B)
the permit holder has become a restricted person under Section 
76-10-503
76-11-302
.
(4)
(a)
In addition to meeting the other qualifications for the issuance of a concealed 
firearm permit under this section, a nonresident applicant who resides in a state that 
recognizes the validity of the Utah permit or has reciprocity with Utah's concealed 
firearm permit law shall:
(i)
hold a current concealed firearm or concealed weapon permit issued by the 
appropriate permitting authority of the nonresident applicant's state of residency; 
and
(ii)
submit a photocopy or electronic copy of the nonresident applicant's current 
concealed firearm or concealed weapon permit referred to in Subsection (4)(a)(i).
(b)
A nonresident applicant who knowingly and willfully provides false information to 
the bureau under Subsection (4)(a) is prohibited from holding a Utah concealed 
firearm permit for a period of 10 years.
(c)
Subsection (4)(a) applies to all applications for the issuance of a concealed firearm 
permit that are received by the bureau after May 10, 2011.
(d)
Beginning January 1, 2012, Subsection (4)(a) also applies to an application for 
renewal of a concealed firearm permit by a nonresident.
(5)
The bureau shall issue a concealed firearm permit to a former peace officer who departs 
full-time employment as a peace officer, in an honorable manner, within five years of 
that departure if the officer meets the requirements of this section.
(6)
Except as provided in Subsection (7), the bureau shall also require the applicant to 
provide:
(a)
the address of the applicant's permanent residence;
(b)
one recent dated photograph;
(c)
one set of fingerprints; and
(d)
evidence of general familiarity with the types of firearms to be concealed as defined 
in Subsection (8).
(7)
An applicant who is a law enforcement officer under Section 
53-13-103
 may provide a 
letter of good standing from the officer's commanding officer in place of the evidence 
required by Subsection (6)(d).
(8)
(a)
General familiarity with the types of firearms to be concealed includes training in:
(i)
the safe loading, unloading, storage, and carrying of the types of firearms to be 
concealed; and
(ii)
current laws defining lawful use of a firearm by a private citizen, including lawful 
self-defense, use of force by a private citizen, including use of deadly force, 
transportation, and concealment.
(b)
An applicant may satisfy the general familiarity requirement of Subsection (8)(a) by 
one of the following:
(i)
completion of a course of instruction conducted by a national, state, or local 
firearms training organization approved by the bureau;
(ii)
certification of general familiarity by an individual who has been certified by the 
bureau, which may include a law enforcement officer, military or civilian firearms 
instructor, or hunter safety instructor; or
(iii)
equivalent experience with a firearm through participation in an organized 
shooting competition, law enforcement, or military service.
(c)
Instruction taken by a student under this Subsection (8) shall be in person and not 
through electronic means.
(d)
A person applying for a renewal permit is not required to retake the firearms training 
described in this Subsection 
53-5-704
(8) if the person:
(i)
has an unexpired permit; or
(ii)
has a permit that expired less than one year before the date on which the renewal 
application was submitted.
(9)
(a)
An applicant for certification as a Utah concealed firearms instructor shall:
(i)
be at least 21 years old;
(ii)
be currently eligible to possess a firearm under Section 
76-10-503
76-11-302
;
(iii)
have:
(A)
completed a firearm instruction training course from the National Rifle 
Association or another nationally recognized firearm training organization that 
customarily offers firearm safety and firearm law instructor training or the 
Department of Public Safety, Division of Peace Officer Safety Standards and 
Training; or
(B)
received training equivalent to one of the courses referred to in Subsection 
(9)(a)(iii)(A) as determined by the bureau;
(iv)
have taken a course of instruction and passed a certification test as described in 
Subsection (9)(c); and
(v)
possess a Utah concealed firearm permit.
(b)
An instructor's certification is valid for three years from the date of issuance, unless 
revoked by the bureau.
(c)
(i)
In order to obtain initial certification or renew a certification, an instructor shall 
attend an instructional course and pass a test under the direction of the bureau.
(ii)
(A)
The bureau shall provide or contract to provide the course referred to in 
Subsection (9)(c)(i) twice every year.
(B)
The course shall include instruction on current Utah law related to firearms, 
including concealed carry statutes and rules, and the use of deadly force by 
private citizens.
(d)
(i)
Each applicant for certification under this Subsection (9) shall pay a fee of 
$50.00 at the time of application for initial certification.
(ii)
The renewal fee for the certificate is $25.
(iii)
The bureau may use a fee paid under Subsections (9)(d)(i) and (ii) as a dedicated 
credit to cover the cost incurred in maintaining and improving the instruction 
program required for concealed firearm instructors under this Subsection (9).
(10)
A certified concealed firearms instructor shall provide each of the instructor's students 
with the required course of instruction outline approved by the bureau.
(11)
(a)
(i)
A concealed firearms instructor shall provide a signed certificate to an 
individual successfully completing the offered course of instruction.
(ii)
The instructor shall sign the certificate with the exact name indicated on the 
instructor's certification issued by the bureau under Subsection (9).
(iii)
(A)
The certificate shall also have affixed to it the instructor's official seal, 
which is the exclusive property of the instructor and may not be used by any 
other individual.
(B)
The instructor shall destroy the seal upon revocation or expiration of the 
instructor's certification under Subsection (9).
(C)
The bureau shall determine the design and content of the seal to include at 
least the following:
(I)
the instructor's name as it appears on the instructor's certification;
(II)
the words "Utah Certified Concealed Firearms Instructor," "state of Utah," 
and "my certification expires on (the instructor's certification expiration 
date)"; and
(III)
the instructor's business or residence address.
(D)
The seal shall be affixed to each student certificate issued by the instructor in 
a manner that does not obscure or render illegible any information or 
signatures contained in the document.
(b)
The applicant shall provide the certificate to the bureau in compliance with 
Subsection (6)(d).
(12)
The bureau may deny, suspend, or revoke the certification of an applicant or a 
concealed firearms instructor if it has reason to believe the applicant or the instructor has:
(a)
become ineligible to possess a firearm under Section 
76-10-503
76-11-302
 or 
federal law; or
(b)
knowingly and willfully provided false information to the bureau.
(13)
An applicant for certification or a concealed firearms instructor has the same appeal 
rights as described in Subsection (16).
(14)
In providing instruction and issuing a permit under this part, the concealed firearms 
instructor and the bureau are not vicariously liable for damages caused by the permit 
holder.
(15)
An individual who knowingly and willfully provides false information on an 
application filed under this part is guilty of a class B misdemeanor, and the application 
may be denied, or the permit may be suspended or revoked.
(16)
(a)
In the event of a denial, suspension, or revocation of a permit, the applicant or 
permit holder may file a petition for review with the board within 60 days from the 
date the denial, suspension, or revocation is received by the applicant or permit 
holder by certified mail, return receipt requested.
(b)
The bureau's denial of a permit shall be in writing and shall include the general 
reasons for the action.
(c)
If an applicant or permit holder appeals the denial to the review board, the applicant 
or permit holder may have access to the evidence upon which the denial is based in 
accordance with Title 63G, Chapter 2, Government Records Access and Management 
Act.
(d)
On appeal to the board, the bureau has the burden of proof by a preponderance of the 
evidence.
(e)
(i)
Upon a ruling by the board on the appeal of a denial, the board shall issue a 
final order within 30 days stating the board's decision.
(ii)
The final order shall be in the form prescribed by Subsection 
63G-4-203
(1)(i).
(iii)
The final order is final bureau action for purposes of judicial review under 
Section 
63G-4-402
.
(17)
The commissioner may make rules in accordance with Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act, necessary to administer this chapter.
Section 65, Section 
53-5-705
 is amended to read:
53-5-705
. Temporary permit to carry concealed firearm -- Denial, suspension, or 
revocation -- Appeal.
(1)
The bureau or its designated agent may issue a temporary permit to carry a concealed 
firearm to a person who:
(a)
has applied for a permit under Section 
53-5-704
;
(b)
has applied for a temporary permit under this section; and
(c)
meets the criteria required in Subsections 
(2)
 and 
(3)
.
(2)
To receive a temporary permit under this section, the applicant shall demonstrate in 
writing to the satisfaction of the bureau extenuating circumstances that would justify 
issuing a temporary permit.
(3)
A temporary permit may not be issued under this section until preliminary record 
checks regarding the applicant have been made with the National Crime Information 
Center and the bureau to determine any criminal history.
(4)
(a)
A temporary permit is valid only for a maximum of 90 days or any lesser period 
specified by the bureau, or until a permit under Section 
53-5-704
 is issued to the 
holder of the temporary permit, whichever period is shorter.
(b)
The provisions of Subsections 
76-10-504(1)
 and 
(2)
76-11-202(2)
, (3)(a), and (3)(b)
and Section 
76-10-505
76-11-203
 do not apply to a person issued a temporary 
permit under this section during the time period for which the temporary permit is 
valid.
(5)
The bureau may deny, suspend, or revoke a temporary permit prior to expiration if the 
commissioner determines:
(a)
the circumstances justifying the temporary permit no longer exist; or
(b)
the holder of the temporary permit does not meet the requirements for a permit under 
Section 
53-5-704
.
(6)
(a)
The denial, suspension, or revocation of a temporary permit shall be in writing 
and shall include the reasons for the action.
(b)
The bureau's decision to deny, suspend, or revoke a temporary permit may not be 
appealed to the board.
(c)
Denial, suspension, or revocation under this subsection is final action for purposes of 
judicial review under Section 
63G-4-402
.
Section 66, Section 
53-5-710
 is amended to read:
53-5-710
. Cross-references to concealed firearm permit restrictions.
(1)
A person with a permit of any kind to carry a concealed firearm may not carry a 
concealed firearm in the following locations:
(a)
any secure area prescribed in Section 
76-10-523.5
53-5a-107
 in which firearms are 
prohibited and notice of the prohibition posted;
(b)
any airport secure area as provided in Section 
76-10-529
76-11-215
; or
(c)
any house of worship or in any private residence where dangerous weapons are 
prohibited as provided in Section 
76-10-530
76-11-216
.
(2)
Notwithstanding Subsection 
76-10-505.5(4)
76-11-204(4)
, a person under the age of 
21 with a permit of any kind to carry a concealed firearm may not carry a concealed 
firearm on or about school premises, as defined in Subsection 
76-10-505.5(1)(a)
76-11-204(1)(a)(i)
.
Section 67, Section 
53-5-711
 is amended to read:
53-5-711
. Law enforcement officials, judges, and court commissioners exempt -- 
Training requirements -- Qualification -- Revocation.
(1)
As used in this section and Section 
76-10-523
53-5a-108
:
(a)
"Court commissioner" means an individual appointed under Section 
78A-5-107
.
(b)
(i)
"Judge" means a judge or justice of a court of record or a court not of record.
(ii)
"Judge" does not include a judge pro tem or senior judge.
(c)
"Law enforcement official" means:
(i)
a member of the Board of Pardons and Parole;
(ii)
a district attorney, deputy district attorney, county attorney or deputy county 
attorney of a county not in a prosecution district;
(iii)
the attorney general;
(iv)
an assistant attorney general designated as a criminal prosecutor; or
(v)
a city attorney or a deputy city attorney designated as a criminal prosecutor.
(2)
To qualify for an exemption in Section 
76-10-523
53-5a-108
, a law enforcement 
official, judge, or court commissioner shall complete the following training 
requirements:
(a)
meet the requirements of Sections 
53-5-704
, 
53-5-706
, and 
53-5-707
; and
(b)
successfully complete an additional course of training as established by the 
commissioner of public safety designed to assist them while carrying out their 
official law enforcement, judicial, or court commissioner duties as agents for the state 
or its political subdivisions.
(3)
Annual requalification requirements for law enforcement officials, judges, or court 
commissioners shall be established by the commissioner of public safety. Additional 
requalification requirements may be established by the:
(a)
Board of Pardons and Parole by rule for its members;
(b)
Judicial Council by rule for judges and court commissioners; and
(c)
the district attorney, county attorney in a county not in a prosecution district, the 
attorney general, or city attorney by policy for prosecutors under their jurisdiction.
(4)
The bureau may:
(a)
issue a certificate of qualification to a judge, law enforcement official, or court 
commissioner who has completed the requirements of Subsection 
(2)
, which 
certificate of qualification is valid until revoked;
(b)
revoke the certificate of qualification of a judge, law enforcement official, or court 
commissioner who:
(i)
fails to meet the annual requalification criteria established pursuant to Subsection 
(3)
;
(ii)
would be subject to revocation of a concealed firearm permit under Subsection 
53-5-704(2)(a)
; or
(iii)
is no longer employed as a judge, law enforcement official, or court 
commissioner as defined in Subsection 
(1)
; and
(c)
certify instructors for the training requirements of this section.
Section 68, Section 
53-5a-102
 is amended to read:
5a. FIREARM LAWS
1. General Firearm Laws 
53-5a-102
. Uniform firearm laws.
(1)
As used in this section:
(a)
"Ammunition" means the same as that term is defined in Section 
53-5d-102
.
(b)
"Dangerous weapon" means the same as that term is defined in Section 
76-10-501
.
(c)
"Firearm" means:
(i)
a pistol, revolver, shotgun, short barreled shotgun, rifle or short barreled rifle, or a 
device that could be used as a dangerous weapon from which is expelled a 
projectile by action of an explosive;
(ii)
ammunition; and
(iii)
a firearm accessory.
(d)
"Firearm accessory" means the same as that term is defined in Section 
53-5b-103
.
(e)
"Local or state governmental entity" means the same as that term is defined in 
Section 
78B-6-2301
.
(f)
"Short barreled shotgun" or "short barreled rifle" means the same as that term is 
defined in Section 
76-10-501
.
(g)
"Shotgun" means the same as that term is defined in Section 
76-10-501
.
(2)
(1)
The individual right to keep and bear arms being a constitutionally protected right 
under Article I, Section 6 of the Utah Constitution and the Second Amendment to the 
United States Constitution, the Legislature finds the need to provide uniform civil and 
criminal firearm laws throughout the state and declares that the Legislature occupies the 
whole field of state regulation of firearms.
(3)
(2)
Except as specifically provided by state law, a local or state governmental entity 
may not:
(a)
prohibit an individual from owning, possessing, purchasing, selling, transferring, 
transporting, or keeping a firearm
, ammunition, or a firearm accessory
 at the 
individual's place of residence, property, business, or in any vehicle lawfully in the 
individual's possession or lawfully under the individual's control; or
(b)
require an individual to have a permit or license to purchase, own, possess, transport, 
or keep a firearm
, ammunition, or a firearm accessory
.
(4)
(3)
In conjunction with 
Title 76, Chapter 10, Part 5, Weapons
, this section is
This part 
and Title 76, Chapter 11, Weapons, are
 uniformly applicable throughout 
this
the
 state 
and in all the 
state's 
political subdivisions
 of the state
.
(5)
(4)
Authority to regulate firearms is reserved to the state except where the Legislature 
specifically delegates responsibility to local or state governmental entities.
(6)
(5)
Unless specifically authorized by the Legislature by statute, a local or state 
governmental entity may not enact, establish, or enforce 
any ordinance, regulation, rule, 
or policy
a directive
 pertaining to firearms
, ammunition, or firearm accessories
 that in 
any way inhibits or restricts the possession, ownership, purchase, sale, transfer, 
transport, or use of firearms
, ammunition, or firearm accessories
 on either public or 
private property.
(7)
(6)
This section does not restrict or expand private property rights.
(8)
(7)
A violation of this section is subject to 
Title 78B, Chapter 6, Part 23, Firearm 
Preemption Enforcement Act
.
Section 69, Section 
53-5a-102.1
 is enacted to read:
53-5a-102.1
. Definitions.
As used in this part:
(1)
"Ammunition" means the same as that term is defined in Section 
53-5d-102
.
(2)
(a)
"Antique firearm" means:
(i)
a firearm, including a firearm with a matchlock, flintlock, percussion cap, or 
similar type of ignition system, manufactured in or before 1898;
(ii)
a firearm that is a replica of a firearm described in this Subsection (2)(a), if the 
replica:
(A)
is not designed or redesigned for using rimfire or conventional centerfire fixed 
ammunition; or
(B)
uses rimfire or centerfire fixed ammunition which is no longer manufactured 
in the United States and is not readily available in ordinary channels of 
commercial trade; or
(iii)
a firearm that:
(A)
is a muzzle-loading rifle, shotgun, or pistol;
(B)
is designed to use black powder, or a black powder substitute; and
(C)
cannot use fixed ammunition.
(b)
"Antique firearm" does not include:
(i)
a weapon that incorporates a firearm frame or receiver;
(ii)
a firearm that is converted into a muzzle-loading weapon; or
(iii)
a muzzle-loading weapon that can be readily converted to fire fixed ammunition 
by replacing the:
(A)
barrel;
(B)
bolt;
(C)
breechblock; or
(D)
any combination of Subsection (2)(b)(iii)(A), (B), or (C).
(3)
"Bureau" means the Bureau of Criminal Identification created in Section 
53-10-201
within the department.
(4)
(a)
"Concealed firearm" means a firearm that is:
(i)
covered, hidden, or secreted in a manner that the public would not be aware of the 
firearm's presence; and
(ii)
readily accessible for immediate use.
(b)
"Concealed firearm" does not include a firearm that is unloaded and securely encased.
(5)
"Court commissioner" means an individual appointed under Section 
78A-5-107
.
(6)
"Dangerous weapon" means the same as that term is defined in Section 
76-11-101
.
(7)
"Directive" means the same as that term is defined in Section 
78B-6-2301
.
(8)
"Firearm" means a pistol, revolver, shotgun, short barreled shotgun, rifle or short 
barreled rifle, or a device that could be used as a dangerous weapon from which is 
expelled a projectile by action of an explosive.
(9)
"Firearm accessory" means the same as that term is defined in Section 
53-5b-103
.
(10)
"Handgun" means a pistol, revolver, or other firearm of any description, loaded or 
unloaded, from which a shot, bullet, or other missile can be discharged, the length of 
which, not including any revolving, detachable, or magazine breech, does not exceed 12 
inches.
(11)
"Judge" means the same as that term is defined in Section 
53-5-711
.
(12)
"Local or state governmental entity" means the same as that term is defined in Section 
78B-6-2301
.
(13)
"Readily accessible for immediate use" means that a firearm or other dangerous 
weapon is carried on the person or within such close proximity and in such a manner 
that the weapon can be retrieved and used as readily as if carried on the person.
(14)
"Residence" means an improvement to real property used or occupied as a primary or 
secondary residence.
(15)
"Securely encased" means not readily accessible for immediate use, such as held in a 
gun rack or in a closed case or container, whether or not locked, or in a trunk or other 
storage area of a motor vehicle, not including a glove box or console box.
(16)
"Short barreled rifle" means the same as that term is defined in Section 
53-5a-301
.
(17)
"Short barreled shotgun" means the same as that term is defined in Section 
53-5a-301
.
(18)
"Shotgun" means the same as that term is defined in Section 
53-5a-301
.
(19)
"Slug" means the same as that term is defined in Section 
53-5a-301
.
Section 70, Section 
53-5a-102.3
, which is renumbered from Section 76-10-511 is renumbered 
and amended to read:
76-10-511
53-5a-102.3
. Possession of a loaded firearm at a residence or on real 
property authorized.
Except for persons described in Section 
76-10-503
76-11-302
 and 18 U.S.C. Sec. 
922(g) and as otherwise prescribed in this part, 
a person
an individual
 may have a loaded 
firearm:
(1)
at the 
person's
individual's
 place of residence, including any temporary residence or 
camp; or
(2)
on the 
person's
individual's
 real property.
Section 71, Section 
53-5a-105
, which is renumbered from Section 76-10-520 is renumbered 
and amended to read:
76-10-520
53-5a-105
. Number or mark assigned to a handgun by the 
department.
(1)
The 
Department of Public Safety
department
 upon request may assign a 
distinguishing number or mark of identification to 
any pistol or revolver
a handgun
whenever it is without a manufacturer's number, or other mark of identification or 
whenever the manufacturer's number or other mark of identification or the 
distinguishing number or mark assigned by the 
Department of Public Safety
department
has been destroyed or obliterated.
(2)
Except as provided in Subsection (3), an individual who places or stamps a number on a 
handgun except one assigned to the handgun by the department is guilty of a class A 
misdemeanor.
(3)
This section does not:
(a)
prohibit restoration by the owner of the name of the maker, model, or of the original 
manufacturer's number or other mark of identification when the restoration is 
authorized by the department;
(b)
prohibit a manufacturer from placing in the ordinary course of business the name of 
the make, model, manufacturer's number, or other mark of identification upon a new 
handgun; or
(c)
apply to a handgun that is an antique firearm.
Section 72, Section 
53-5a-106
, which is renumbered from Section 76-10-522 is renumbered 
and amended to read:
76-10-522
53-5a-106
. Alteration of number or mark on a handgun.
(1)
Any person who changes, alters, removes, or obliterates
An individual may not 
change, alter, remove, or obliterate
 the name of the maker, the model, manufacturer's 
number, or other mark of identification, including any distinguishing number or mark 
assigned by the 
Department of Public Safety
department
, on 
any pistol or revolver
a 
handgun
, without first having secured written permission from the 
Department of 
Public Safety
department
 to make the change, alteration, 
or 
removal, 
is guilty of a 
class A misdemeanor
or obliteration
.
(2)
Except as provided in Subsection (3), a violation of Subsection (1) is a class A 
misdemeanor.
(3)
This section does not apply to a handgun that is an antique firearm.
Section 73, Section 
53-5a-107
, which is renumbered from Section 76-10-523.5 is renumbered 
and amended to read:
76-10-523.5
53-5a-107
. Compliance with rules for secure facilities.
Any person
An individual
, including 
a person
an individual
 licensed to carry a 
concealed firearm under 
Title 53, Chapter 5, Part 7, Concealed Firearm Act
, shall comply with 
any rule established 
for secure facilities
by a secure facility
 pursuant to Sections 
53B-3-103
, 
76-8-311.1
, 
76-8-311.3
, and 
78A-2-203
 and 
shall be
is
 subject to any penalty provided in 
those sections.
Section 74, Section 
53-5a-108
, which is renumbered from Section 76-10-523 is renumbered 
and amended to read:
76-10-523
53-5a-108
. Persons exempt from weapons laws.
(1)
Except for Sections 
76-10-506
, 
76-10-508
, and 
76-10-508.1
, this part
76-11-205
, 
76-11-207
, and 
76-11-208
, this 
part, 
Title 76, Chapter 11, Weapons,
 and 
Title 53, 
Chapter 5, Part 7, Concealed Firearm Act
, do not apply to any of the following:
(a)
a United States marshal;
(b)
a federal official required to carry a firearm;
(c)
a peace officer of this or any other jurisdiction;
(d)
a law enforcement official as defined and qualified under Section 
53-5-711
;
(e)
a judge as defined and qualified under Section 
53-5-711
;
(f)
a court commissioner as defined and qualified under Section 
53-5-711
; or
(g)
a common carrier while engaged in the regular and ordinary transport of firearms as 
merchandise.
(2)
Notwithstanding Subsection 
(1)
, the provisions of Section 
76-10-528
76-11-214
 apply 
to any individual listed in Subsection 
(1)
 who is not employed by a state or federal 
agency or political subdivision that has adopted a policy or rule regarding the use of 
dangerous weapons.
(3)
Subsections 
76-10-504(1)
 and 
(2)
, and Section 
76-10-505
76-11-202(2)
, (3)(a), and 
(3)(b), and Section 
76-11-203
do not apply to:
(a)
an individual to whom a permit to carry a concealed firearm has been issued:
(i)
pursuant to Section 
53-5-704
; or
(ii)
by another state or county; or
(b)
a person
an individual
 who is issued a protective order under Subsection 
78B-7-603(1)(b)
 or 
78B-7-404(1)(b)
, unless the 
person
individual
 is a restricted 
person as described in Subsection 
76-10-503(1)
76-11-302(1)
, for a period of 120 
days after the day on which the 
person
individual
 is issued the protective order.
(4)
Except for Sections 
76-10-503
, 
76-10-506
, 
76-10-508
, and 
76-10-508.1
76-11-205
, 
76-11-207
, 
76-11-208
, and 
76-11-302
, this part
, Title 76, Chapter 11, Weapons,
 and 
Title 53, Chapter 5, Part 7, Concealed Firearm Act
, do not apply to a nonresident 
traveling in or though the state, provided that any firearm is:
(a)
unloaded; and
(b)
securely encased
 as defined in Section 
76-10-501
.
(5)
Subsections 
76-10-504(1)
 and 
(2)
, and 
76-10-505(1)(b)
76-11-202(2)
, (3)(a), and 
(3)(b), and 
76-11-203(2)(b)
 do not apply to 
a person
an individual
 21 years old or older 
who may otherwise lawfully possess a firearm.
Section 75, Section 
53-5a-202
 is amended to read:
53-5a-202
. Definitions.
As used in this part:
(1)
(a)
"Federal regulation" means a federal executive order, rule, or regulation that 
infringes upon, prohibits, restricts, or requires individual licensure for, or registration 
of, the purchase, ownership, possession, transfer, or use of a firearm, ammunition, or 
firearm accessory.
(b)
"Federal regulation" does not include:
(i)
a federal firearm statute; or
(ii)
a federal executive order, rule, or regulation that is incorporated into the Utah 
Code by reference.
(2)
"Firearm" means the same as that term is defined in Section 
76-10-501
76-11-101
.
(3)
"Law enforcement officer" means the same as that term is defined in Section 
53-13-103
.
(4)
"Political subdivision" means a city, town, county, special district, or water conservancy 
district.
Section 76, Section 
53-5a-301
 is enacted to read:
3. Sale and Purchase of a Firearm
53-5a-301
. Definitions.
As used in this part:
(1)
"Antique firearm" means the same as that term is defined in Section 
53-5a-102.1
.
(2)
"Bureau" means the Bureau of Criminal Identification created in Section 
53-10-201
within the department.
(3)
"Criminal history background check" means a criminal background check conducted 
through the bureau or a local law enforcement agency.
(4)
"Dangerous weapon" means the same as that term is defined in Section 
76-11-101
.
(5)
"Dealer" means a person who is:
(a)
licensed under 18 U.S.C. Sec. 923; and
(b)
engaged in the business of selling, leasing, or otherwise transferring a handgun, 
whether the person is a retail or wholesale dealer, pawnbroker, or otherwise.
(6)
"Domestic violence" means the same as that term is defined in Section 
77-36-1
.
(7)
"Federal Firearms Licensee" means a person who:
(a)
holds a valid Federal Firearms License issued under 18 U.S.C. Sec. 923; and
(b)
is engaged in the activities authorized by the specific category of license held by the 
person.
(8)
(a)
"Firearm" means a pistol, revolver, shotgun, short barreled shotgun, rifle, or short 
barreled rifle, or a device that could be used as a dangerous weapon from which is 
expelled a projectile by action of an explosive.
(b)
"Firearm" does not include an antique firearm.
(9)
(a)
"Short barreled rifle" means a rifle that has a barrel or barrels of fewer than 16 
inches in length.
(b)
"Short barreled rifle" includes a dangerous weapon made from a rifle by alteration, 
modification, or otherwise, if the weapon as modified has an overall length of fewer 
than 26 inches.
(10)
(a)
"Short barreled shotgun" means a shotgun that has a barrel or barrels of fewer 
than 18 inches in length.
(b)
"Short barreled shotgun" includes a dangerous weapon made from a shotgun by 
alteration, modification, or otherwise, if the weapon as modified has an overall length 
of fewer than 26 inches.
(11)
"Shotgun" means a smooth bore firearm designed to fire cartridges containing pellets 
or a single slug.
(12)
"Slug" means a single projectile discharged from a shotgun shell.
Section 77, Section 
53-5a-302
, which is renumbered from Section 76-10-526 is renumbered 
and amended to read:
76-10-526
53-5a-302
. Criminal background check prior to purchase of a 
firearm -- Fee -- Exemption for concealed firearm permit holders and law enforcement 
officers.
(1)
For purposes of this section, "valid permit to carry a concealed firearm" does not 
include a temporary permit issued under Section 
53-5-705
.
(2)
(1)
(a)
To establish personal identification and residence in this state for purposes of 
this part, a dealer shall require an individual receiving a firearm to present one photo 
identification on a form issued by a governmental agency of the state.
(b)
A dealer may not accept a driving privilege card issued under Section 
53-3-207
 as 
proof of identification for the purpose of establishing personal identification and 
residence in this state as required under this Subsection 
(2)
(1)
.
(3)
(2)
(a)
A criminal history background check is required for the sale of a firearm by a 
licensed firearm dealer in the state.
(b)
Subsection 
(3)(a)
(2)(a)
 does not apply to the sale of a firearm to a Federal Firearms 
Licensee.
(4)
(3)
(a)
An individual purchasing a firearm from a dealer shall consent in writing to a 
criminal background check, on a form provided by the bureau.
(b)
The form shall contain the following information:
(i)
the dealer identification number;
(ii)
the name and address of the individual receiving the firearm;
(iii)
the date of birth, height, weight, eye color, and hair color of the individual 
receiving the firearm; and
(iv)
the social security number or any other identification number of the individual 
receiving the firearm.
(5)
(4)
(a)
The dealer shall send the information required by Subsection 
(4)
(3)
 to the 
bureau immediately upon its receipt by the dealer.
(b)
A dealer may not sell or transfer a firearm to an individual until the dealer has 
provided the bureau with the information in Subsection 
(4)
(3)
 and has received 
approval from the bureau under Subsection 
(7)
(6)
.
(6)
(5)
The dealer shall make a request for criminal history background information by 
telephone or other electronic means to the bureau and shall receive approval or denial of 
the inquiry by telephone or other electronic means.
(7)
(6)
When the dealer calls for or requests a criminal history background check, the 
bureau shall:
(a)
review the criminal history files, including juvenile court records, and the temporary 
restricted file created under Section 
53-5c-301
, to determine if the individual is 
prohibited from purchasing, possessing, or transferring a firearm by state or federal 
law;
(b)
inform the dealer that:
(i)
the records indicate the individual is prohibited; or
(ii)
the individual is approved for purchasing, possessing, or transferring a firearm;
(c)
provide the dealer with a unique transaction number for that inquiry; and
(d)
provide a response to the requesting dealer during the call for a criminal background 
check, or by return call, or other electronic means, without delay, except in case of 
electronic failure or other circumstances beyond the control of the bureau, the bureau 
shall advise the dealer of the reason for the delay and give the dealer an estimate of 
the length of the delay.
(8)
(7)
(a)
The bureau may not maintain any records of the criminal history background 
check longer than 20 days from the date of the dealer's request, if the bureau 
determines that the individual receiving the firearm is not prohibited from 
purchasing, possessing, or transferring the firearm under state or federal law.
(b)
However, the bureau shall maintain a log of requests containing the dealer's federal 
firearms number, the transaction number, and the transaction date for a period of 12 
months.
(9)
(8)
(a)
If the criminal history background check discloses information indicating that 
the individual attempting to purchase the firearm is prohibited from purchasing, 
possessing, or transferring a firearm, the bureau shall:
(i)
within 24 hours after determining that the purchaser is prohibited from purchasing, 
possessing, or transferring a firearm, notify the law enforcement agency in the 
jurisdiction where the dealer is located; and
(ii)
inform the law enforcement agency in the jurisdiction where the individual 
resides.
(b)
Subsection 
(9)(a)
(8)(a)
 does not apply to an individual prohibited from purchasing 
a firearm solely due to placement on the temporary restricted list under Section 
53-5c-301
.
(c)
A law enforcement agency that receives information from the bureau under 
Subsection 
(9)(a)
(8)(a)
 shall provide a report before August 1 of each year to the 
bureau that includes:
(i)
based on the information the bureau provides to the law enforcement agency under 
Subsection 
(9)(a)
(8)(a)
, the number of cases that involve an individual who is 
prohibited from purchasing, possessing, or transferring a firearm as a result of a 
conviction for an offense involving domestic violence; and
(ii)
of the cases described in Subsection 
(9)(c)(i)
(8)(c)(i)
:
(A)
the number of cases the law enforcement agency investigates; and
(B)
the number of cases the law enforcement agency investigates that result in a 
criminal charge.
(d)
The bureau shall:
(i)
compile the information from the reports described in Subsection 
(9)(c)
(8)(c)
;
(ii)
omit or redact any identifying information in the compilation; and
(iii)
submit the compilation to the Law Enforcement and Criminal Justice Interim 
Committee before November 1 of each year.
(10)
(9)
If an individual is denied the right to purchase a firearm under this section, the 
individual may review the individual's criminal history information and may challenge 
or amend the information as provided in Section 
53-10-108
.
(11)
(10)
The bureau shall make rules in accordance with 
Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act
, to ensure the identity, confidentiality, and security of 
all records provided by the bureau under this part are in conformance with the 
requirements of the Brady Handgun Violence Prevention Act, Pub. L. No. 103-159, 107 
Stat. 1536 (1993).
(12)
(11)
(a)
A dealer shall collect a criminal history background check fee for the sale 
of a firearm under this section.
(b)
The fee described under Subsection 
(12)(a)
(11)(a)
 remains in effect until changed 
by the bureau through the process described in Section 
63J-1-504
.
(c)
(i)
The dealer shall forward at one time all fees collected for criminal history 
background checks performed during the month to the bureau by the last day of 
the month following the sale of a firearm.
(ii)
The bureau shall deposit the fees in the General Fund as dedicated credits to 
cover the cost of administering and conducting the criminal history background 
check program.
(13)
(12)
(a)
An individual with a concealed firearm permit issued under 
Title 53, 
Chapter 5, Part 7, Concealed Firearm Act
, is exempt from the background check and 
corresponding fee required in this section for the purchase of a firearm if:
(a)
(i)
the individual presents the individual's concealed firearm permit to the dealer 
prior to purchase of the firearm; and
(b)
(ii)
the dealer verifies with the bureau that the individual's concealed firearm 
permit is valid.
(b)
An individual with a temporary permit to carry a concealed firearm issued under 
Section 
53-5-705
 is not exempt from a background check and the corresponding fee 
required in this section for the purchase of a firearm.
(14)
(13)
(a)
A law enforcement officer, as defined in Section 
53-13-103
, is exempt 
from the background check fee required in this section for the purchase of a personal 
firearm to be carried while off-duty if the law enforcement officer verifies current 
employment by providing a letter of good standing from the officer's commanding 
officer and current law enforcement photo identification.
(b)
Subsection 
(14)(a)
(13)(a)
 may only be used by a law enforcement officer to 
purchase a personal firearm once in a 24-month period.
(15)
(14)
A dealer engaged in the business of selling, leasing, or otherwise transferring a 
firearm shall:
(a)
make the firearm safety brochure described in Subsection 
26B-5-211(3)
26B-5-102(3)
 available to a customer free of charge; and
(b)
at the time of purchase, distribute a cable-style gun lock provided to the dealer under 
Subsection 
26B-5-211(3)
26B-5-102(3)
 to a customer purchasing a shotgun, short 
barreled shotgun, short barreled rifle, rifle, or another firearm that federal law does 
not require be accompanied by a gun lock at the time of purchase.
Section 78, Section 
53-5a-303
, which is renumbered from Section 76-10-526.1 is renumbered 
and amended to read:
76-10-526.1
53-5a-303
. Information check before private sale of firearm.
(1)
As used in this section:
(a)
"Governmental entity" means the state and the state's political subdivisions.
(b)
"Law enforcement agency" means the same as that term is defined in Section 
53-1-102
.
(c)
"Personally identifiable information" means the same as that term is defined in 
Section 
63D-2-102
.
(2)
Subject to Subsections 
(3)
 and 
(4)
, the bureau shall create an online process that allows 
an individual who is selling or purchasing a firearm to voluntarily determine:
(a)
if the other individual involved in the sale of the firearm has a valid concealed carry 
permit; or
(b)
based on the serial number of the firearm, if the firearm is reported as stolen.
(3)
Subsection 
(2)
 does not apply to a federal firearms licensee or dealer.
(4)
The bureau may not:
(a)
provide information related to a request under Subsection 
(2)
 to a law enforcement 
agency; or
(b)
collect a user's personally identifiable information under Subsection 
(2)
.
(5)
A governmental entity may not require an individual who is selling or purchasing a 
firearm to use the process under Subsection 
(2)
.
(6)
If an individual uses the process under Subsection 
(2)
, the individual is not required, 
based on the information the individual receives from the bureau, to make a report to a 
law enforcement agency.
(7)
After responding to a request under Subsection 
(2)
, the bureau shall immediately 
dispose of all information related to the request.
(8)
(a)
This section does not create a civil cause of action arising from the sale or 
purchase of a firearm under this section.
(b)
An individual's failure to use the process under Subsection 
(2)
 is not evidence of the 
individual's negligence in a civil cause of action.
Section 79, Section 
53-5a-304
, which is renumbered from Section 76-10-527 is renumbered 
and amended to read:
76-10-527
53-5a-304
. Penalties.
(1)
A dealer is guilty of a class A misdemeanor 
who
if the dealer
 willfully and 
intentionally:
(a)
requests, obtains, or seeks to obtain criminal history background information under 
false pretenses;
(b)
disseminates criminal history background information; or
(c)
violates Section 
76-10-526
53-5a-302
.
(2)
A person
An individual
 who purchases or transfers a firearm is guilty of a 
third degree 
felony 
of the third degree if the person
if the individual
 willfully and intentionally 
makes a false statement of the information required for a criminal background check in 
Section 
76-10-526
53-5a-302
.
(3)
Except as otherwise provided in Subsection 
(1)
, a dealer is guilty of a 
felony of the 
third degree 
felony 
if the dealer willfully and intentionally sells or transfers a firearm in 
violation of this part
 or Title 76, Chapter 11, Part 1, Weapons
.
(4)
A person
An individual
 is guilty of a 
felony of the 
third degree
 felony
 if the 
person
individual
 purchases a firearm with the intent to:
(a)
resell or otherwise provide a firearm to 
a person
an individual
 who is ineligible to 
purchase or receive a firearm from a dealer; or
(b)
transport a firearm out of this state to be resold to an 
ineligible person
individual 
who is ineligible to purchase or receive a firearm from a dealer
.
Section 80, Section 
53-5a-305
, which is renumbered from Section 76-10-524 is renumbered 
and amended to read:
76-10-524
53-5a-305
. Purchase of firearms pursuant to federal law.
This part 
will allow purchases
allows the purchase
 of firearms and ammunition 
pursuant to U.S.C. Title 18 Chapter 44 Sec. 922b(3).
Section 81, Section 
53-5c-201
 is amended to read:
53-5c-201
. Voluntary commitment of a firearm by cohabitant -- Law 
enforcement to hold firearm.
(1)
(a)
A cohabitant or owner cohabitant may voluntarily commit a firearm to a law 
enforcement agency or request that a law enforcement officer receive a firearm for 
safekeeping if the owner cohabitant or cohabitant believes that the owner cohabitant 
or another cohabitant with access to the firearm is an immediate threat to:
(i)
a cohabitant;
(ii)
the owner cohabitant; or
(iii)
another individual.
(b)
Except as provided in Subsection 
(2)
, if the owner of a firearm requests return of the 
firearm in person at the law enforcement agency's office, the law enforcement agency:
(i)
may not hold the firearm under this section; and
(ii)
shall return the firearm to the owner.
(2)
A law enforcement agency may not return a firearm to an owner under Subsection 
(1)(b)
if the owner of the firearm:
(a)
is a restricted person under Section 
76-10-503
76-11-302
; or
(b)
(i)
has been arrested and booked into a county jail on a class A misdemeanor or 
felony domestic violence offense;
(ii)
has had a court:
(A)
review the probable cause statement detailing the incident leading to the 
owner's arrest; and
(B)
determine that probable cause existed for the arrest; and
(iii)
is subject to a jail release agreement or a jail release court order arising out of the 
domestic violence offense.
(3)
Unless a firearm is an illegal firearm subject to Section 
53-5c-202
, a law enforcement 
agency that receives a firearm in accordance with this chapter shall:
(a)
record:
(i)
the owner cohabitant's name, address, and phone number;
(ii)
the firearm serial number and the make and model of each firearm committed; and
(iii)
the date that the firearm was voluntarily committed;
(b)
require the cohabitant to sign a document attesting that the cohabitant resides in the 
home;
(c)
hold the firearm in safe custody:
(i)
for 60 days after the day on which the firearm is voluntarily committed; or
(ii)
(A)
for an owner described in Subsection 
(2)(b)
, during the time the jail release 
agreement or jail release court order is in effect; and
(B)
for 60 days after the day on which the jail release agreement or jail release 
court order expires; and
(d)
upon proof of identification, return the firearm to:
(i)
(A)
the owner cohabitant after the expiration of the 60-day period; or
(B)
if the owner cohabitant requests return of the firearm before the expiration of 
the 60-day period, at the time of the request; or
(ii)
an owner other than the owner cohabitant in accordance with Section 
53-5c-202
.
(4)
The law enforcement agency shall hold the firearm for an additional 60 days:
(a)
if the initial 60-day period expires; and
(b)
the cohabitant or owner cohabitant requests that the law enforcement agency hold the 
firearm for an additional 60 days.
(5)
A law enforcement agency may not request or require that the owner cohabitant provide 
the name or other information of the cohabitant who poses an immediate threat or any 
other cohabitant.
(6)
Notwithstanding an ordinance or policy to the contrary adopted in accordance with 
Section 
63G-2-701
, a law enforcement agency shall destroy a record created under 
Subsection 
(3)
, Subsection 
53-5c-202(3)(b)(iii)
, or any other record created in the 
application of this chapter immediately, if practicable, but no later than five days after 
immediately upon the:
(a)
return of a firearm in accordance with Subsection 
(3)(d)
; or
(b)
disposal of the firearm in accordance with Section 
53-5c-202
.
(7)
Unless otherwise provided, the provisions of 
Title 77, Chapter 11d, Lost or Mislaid 
Property
, do not apply to a firearm received by a law enforcement agency in accordance 
with this chapter.
(8)
A law enforcement agency shall adopt a policy for the safekeeping of a firearm held in 
accordance with this chapter.
(9)
The department shall create a pamphlet to be distributed by a law enforcement officer 
under Section 
77-36-2.1
 that includes information about a cohabitant's or owner 
cohabitant's ability to have the owner cohabitant's firearm committed to a law 
enforcement agency for safekeeping in accordance with this section.
Section 82, Section 
53-5c-301
 is amended to read:
53-5c-301
. Voluntary restrictions on firearm purchase and possession.
(1)
An individual who is not a restricted person under Section 
76-10-503
76-11-302
 may 
voluntarily request to be restricted from the purchase or possession of firearms.
(2)
An individual requesting to be restricted under Subsection (1) may request placement on 
one of the following restricted lists:
(a)
a restricted list that:
(i)
restricts the individual from purchasing or possessing a firearm for 180 days with 
automatic removal of the individual from the restricted list at the end of the 180 
days; and
(ii)
allows the individual to request removal 30 days after the day on which the 
individual is added to the restricted list; or
(b)
a restricted list that:
(i)
restricts the individual from purchasing or possessing a firearm indefinitely; and
(ii)
allows the individual to request removal 90 days after the day on which the 
individual is added to the restricted list.
(3)
(a)
Subject to Subsections (8) and (9), the bureau shall develop a process and forms 
for inclusion on, and removal from, a restricted list as described in Subsection (2) to 
be maintained by the bureau.
(b)
The bureau shall make the forms for inclusion and removal available by download 
through the bureau's website and require, at a minimum, the following information 
for the individual described in Subsection (1):
(i)
name;
(ii)
address;
(iii)
date of birth;
(iv)
contact information;
(v)
signature; and
(vi)
(A)
if the individual is entered on the restricted list as described in Subsection 
(2)(a), an acknowledgment of the statement in Subsection (8)(a); or
(B)
if the individual is entered on the restricted list as described in Subsection 
(2)(b), an acknowledgment of the statement in Subsection (8)(b).
(4)
(a)
An individual requesting inclusion on a restricted list under Subsection (2) shall:
(i)
deliver the completed form in person to a law enforcement agency; or
(ii)
direct the individual's health care provider under Section 
53-5c-302
 to 
electronically deliver the individual's request to the bureau.
(b)
The law enforcement agency described in Subsection (4)(a)(i):
(i)
shall verify the individual's identity before accepting the form;
(ii)
may not accept a form from someone other than the individual named on the 
form; and
(iii)
shall transmit the form electronically to the bureau through the Utah Criminal 
Justice Information System.
(5)
Upon receipt of a verified form provided under this section or Section 
53-5c-302
requesting inclusion on a restricted list, the bureau shall, within 24 hours, add the 
individual's name to the restricted list.
(6)
(a)
For an individual added to the restricted list described in Subsection (2)(a):
(i)
the individual may not request removal from the restricted list unless the 
individual has been on the restricted list for at least 30 days;
(ii)
the bureau shall remove the individual from the restricted list 180 days after the 
day on which the individual was added to the restricted list, unless the individual:
(A)
requests to be removed from the restricted list after 30 days;
(B)
requests to remain on the restricted list; or
(C)
directs the individual's health care provider to request that the individual 
remain on the restricted list;
(iii)
a request for an extension shall be made in the same manner as the original 
request; and
(iv)
the individual may continue to request, or direct the individual's health care 
provider to continue to request, extensions every 180 days.
(b)
For an individual added to a restricted list under Subsection (2)(b), the individual:
(i)
may not request removal from the restricted list unless the individual has been on 
the restricted list for at least 90 days; and
(ii)
shall remain on the restricted list, unless the bureau receives a request from the 
individual to have the individual's name removed from the restricted list.
(7)
If an individual restricted under this section is a concealed firearm permit holder, the 
individual's permit shall be:
(a)
suspended upon entry on the restricted list; and
(b)
reinstated upon removal from the restricted list, unless:
(i)
the permit has been revoked, been suspended for a reason other than under this 
section, or has expired; or
(ii)
the individual has become a restricted person under Section 
76-10-503
76-11-302
.
(8)
(a)
The form for an individual seeking to be placed on the restricted list described in 
Subsection (2)(a) shall have the following language prominently displayed before the signature:
"ACKNOWLEDGMENT
By presenting this completed form to a law enforcement agency, I understand that I am 
requesting that my name be placed on a restricted list that restricts my ability to purchase or 
possess firearms for a minimum of 30 days, and up to 6 months. I understand that by 
voluntarily making myself a temporarily restricted person, I may not have a firearm in my 
possession and any attempt to purchase a firearm while I am on the restricted list will be 
declined. I also understand that any time after 30 days, I may request removal from the 
restricted list and all previous rights will be restored. In addition, if I am in possession of a 
valid concealed firearm permit, my permit will be suspended during the time I am on the 
restricted list, but will be reinstated upon my removal, unless the permit has expired, been 
revoked, been suspended for another reason, or I become ineligible to possess a firearm. 
Additionally, I acknowledge that if I possess a firearm or attempt to purchase a firearm while 
outside Utah, I will be subject to the law of that location regarding restricted persons."
(b)
The form for an individual seeking to be placed on the restricted list described in 
Subsection (2)(b) shall have the following language prominently displayed before the 
signature:
"ACKNOWLEDGMENT
By presenting this completed form to a law enforcement agency, I understand that I am 
requesting that my name be placed on a restricted list that restricts my ability to purchase or 
possess firearms indefinitely. I understand that by voluntarily making myself a temporarily 
restricted person, I may not have a firearm in my possession and any attempt to purchase a 
firearm while I am on the restricted list will be declined. I also understand that any time after 
90 days, I may request removal from the restricted list and all previous rights will be restored. 
In addition, if I am in possession of a valid concealed firearm permit, my permit will be 
suspended during the time I am on the restricted list, but will be reinstated upon my removal, 
unless the permit has expired, been revoked, been suspended for another reason, or I become 
ineligible to possess a firearm. Additionally, I acknowledge that if I possess a firearm or 
attempt to purchase a firearm while outside Utah, I will be subject to the law of that location 
regarding restricted persons."
(9)
(a)
An individual requesting removal from a restricted list shall deliver a completed 
removal form in person to:
(i)
the law enforcement agency that processed the inclusion form if the individual 
was placed on the restricted list under Subsection (4)(a)(i); or
(ii)
the individual's local law enforcement agency if the individual was placed on the 
restricted list under Subsection (4)(a)(ii).
(b)
The law enforcement agency described in Subsection (9)(a):
(i)
shall verify the individual's identity before accepting the form;
(ii)
may not accept a removal form from someone other than the individual named on 
the form; and
(iii)
shall transmit the removal form electronically to the bureau through the Utah 
Criminal Justice Information System.
(10)
Upon receipt of a verified removal form, the bureau shall, after three business days, 
remove the individual from the restricted list and remove the information from the 
National Instant Criminal Background Check System.
(11)
For an individual added to the restricted list under Subsection (2)(a), within 30 days 
before the 180-day removal deadline, the bureau shall notify the individual at the 
address listed on the inclusion form described in Subsection (4) and, if applicable, the 
law enforcement agency that processed the inclusion form, that the individual is due to 
be removed from the restricted list, and the date on which the removal will occur, unless 
the individual requests an extension of up to 180 days.
(12)
(a)
A law enforcement agency that receives a request for inclusion under Subsection 
(4)(a)(i) shall:
(i)
maintain the completed form and all subsequent completed forms in a separate 
file; and
(ii)
for an individual added to the restricted list under Subsection (2)(a), destroy the 
entire file within five days after the date indicated in the notification if the 
individual does not request an extension after notification in accordance with 
Subsection (11).
(b)
A law enforcement agency that receives a removal request under Subsection (9) shall 
destroy the entire file associated with the individual within five days after the day on 
which the information is transmitted to the bureau.
(c)
Upon removal of an individual from a restricted list, the bureau shall destroy all 
records related to the inclusion and removal of the individual within five days after 
the day on which the individual was removed.
(d)
All forms and records created in accordance with this section are classified as private 
records in accordance with Title 63G, Chapter 2, Government Records Access and 
Management Act.
(13)
The bureau may make rules in accordance with Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act, to develop the process and forms to implement this 
section.
Section 83, Section 
53-5c-302
 is amended to read:
53-5c-302
. Assistance from a health care provider -- Restricted list.
(1)
An individual who is not a restricted person under Section 
76-10-503
76-11-302
 and is 
seeking inclusion on a restricted list under Section 
53-5c-301
 may direct the individual's 
health care provider to electronically deliver the individual's inclusion request described 
in Section 
53-5c-301
 to the bureau.
(2)
In addition to the inclusion form described in Section 
53-5c-301
, the bureau shall create 
a form, available by download through the bureau's website, for:
(a)
an individual who is directing a health care provider to electronically deliver the 
individual's inclusion request and require, at a minimum, the following information:
(i)
the individual's signature;
(ii)
the name of the individual's health care provider; and
(iii)
the individual's acknowledgment of the statement in Subsection (4)(a); and
(b)
a health care provider who is delivering an individual's inclusion request and require, 
at a minimum, the following information for the health care provider:
(i)
the health care provider's name;
(ii)
the name of the health care provider's organization;
(iii)
the health care provider's license or certification, including the license or 
certification number;
(iv)
the health care provider's signature; and
(v)
the health care provider's acknowledgment of the statement in Subsection (4)(b).
(3)
(a)
An individual who is directing a health care provider to electronically deliver the 
individual's request to be included on a restricted list shall, in the presence of the 
health care provider, complete the forms described in Section 
53-5c-301
 and 
Subsection (2)(a).
(b)
The health care provider:
(i)
shall verify the individual's identity before accepting the forms;
(ii)
may not accept forms from someone other than the individual named on the 
forms;
(iii)
shall complete the form described in Subsection (2)(b); and
(iv)
shall deliver the request to the bureau electronically and maintain a copy of the 
completed request in the individual's health record.
(4)
(a)
The form described in Subsection (2)(a) shall have the following language prominently 
displayed before the signature:
"ACKNOWLEDGMENT
By presenting this completed form to my health care provider, I understand that I am 
requesting that my health care provider present my name to the Bureau of Criminal 
Identification to be placed on a restricted list that restricts my ability to purchase or possess 
firearms."
(b)
The form described in Subsection (2)(b) shall have the following language prominently 
displayed before the signature:
"ACKNOWLEDGMENT
By presenting this completed form to the Bureau of Criminal Identification, I understand 
that I am acknowledging that I have verified the identity of [name of individual seeking 
inclusion on a restricted list] and have witnessed [name of individual] sign the form requesting 
that [name of individual] be placed on a restricted list that restricts [name of individual]'s 
ability to purchase or possess firearms. I affirm that [name of individual] is currently my 
patient, and I am a licensed health care provider acting within the scope of my license, 
certification, practice, education, or training."
(5)
The bureau may make rules in accordance with Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act, to develop the process and forms to implement this 
section.
Section 84, Section 
53-5d-102
 is amended to read:
53-5d-102
. Definitions.
As used in this chapter:
(1)
"Ammunition" means a bullet, a cartridge case, primer, propellant powder, or other 
ammunition designed for use in any firearm, either as an individual component part or in 
a completely assembled cartridge.
(2)
"Manufacturer" means, with respect to a qualified product, a person who is engaged in 
the business of manufacturing a qualified product and who is licensed to engage in 
business as a manufacturer under 18 U.S.C. Chapter 44.
(3)
"Negligent entrustment" means the supplying of a qualified product by a seller for use 
by another person when the seller knows, or reasonably should know, the person to 
whom the product is supplied is likely to, and does, use the product in a manner 
involving unreasonable risk of physical injury to the person or others.
(4)
"Person" means the same as that term is defined in Section 
68-3-12.5
.
(5)
(a)
"Qualified civil liability action" means a civil action or proceeding or an 
administrative proceeding brought by any person against a manufacturer or seller of a 
qualified product, or a trade association, for damages, punitive damages, injunctive or 
declaratory relief, abatement, restitution, fines, or penalties, or other relief, resulting 
from the criminal or unlawful misuse of a qualified product by the person or a third 
party.
(b)
"Qualified civil liability action" does not include:
(i)
an action brought against a transferor convicted under 18 U.S.C. Sec. 924(h) or 
Section 
76-10-503
76-11-302
 by a party directly harmed by the conduct of which 
the transferee was convicted;
(ii)
an action brought against a seller for negligent entrustment or negligence per se;
(iii)
an action in which a manufacturer or seller of a qualified product knowingly 
violated a state or federal statute applicable to the sale or marketing of the 
product, and the violation was a proximate cause of the harm for which relief is 
sought, including:
(A)
any incident in which the manufacturer or seller knowingly made any false 
entry in, or failed to make appropriate entry in, any record required to be kept 
under federal or state law with respect to the qualified product, or aided, 
abetted, or conspired with any person in making any false or fictitious oral or 
written statement with respect to any fact material to the lawfulness of the sale 
or other disposition of a qualified product; or
(B)
any case in which the manufacturer or seller aided, abetted, or conspired with 
any other person to sell or otherwise dispose of a qualified product, knowing, 
or having reasonable cause to believe, that the actual buyer of the qualified 
product was prohibited from possessing or receiving a firearm or ammunition 
under 18 U.S.C. Sec. 922(g) or (n) or Section 
76-10-503
76-11-302
;
(iv)
an action for breach of contract or warranty in connection with the purchase of 
the product;
(v)
an action for death, physical injuries, or property damage resulting directly from a 
defect in design or manufacture of the product, when used as intended or in a 
reasonably foreseeable manner, except that where the discharge of the product 
was caused by a volitional act that constituted a criminal offense, then the act shall 
be considered the sole proximate cause of any resulting death, personal injuries, or 
property damage; or
(vi)
an action or proceeding commenced to enforce the provisions of 18 U.S.C. 
Chapter 44, 26 U.S.C. Chapter 53, or 
Title 76, Chapter 10, Part 5, Weapons
Title 
76, Chapter 11, Weapons
.
(6)
"Qualified product" means a firearm or antique firearm, as defined in Section 
76-10-501
76-11-101
, ammunition, or a component part of a firearm or ammunition.
(7)
"Seller" means, with respect to a qualified product, a federal firearms licensee, as 
defined in Section 
76-10-501
53-5a-301
.
(8)
"Trade association" means:
(a)
any corporation, unincorporated association, federation, business league, or 
professional or business organization not organized or operated for profit and no part 
of the net earnings of which inures to the benefit of any private shareholder or 
individual;
(b)
an organization described in 26 U.S.C. Sec. 501(c)(6) and exempt from tax under 26 
U.S.C. Sec. 501(a); and
(c)
an organization, two or more members of which are manufacturers or sellers of a 
qualified product.
(9)
"Unlawful misuse" means conduct that violates a statute, ordinance, or regulation as it 
relates to the use of a qualified product.
Section 85, Section 
53-10-202
 is amended to read:
53-10-202
. Criminal identification -- Duties of bureau.
The bureau shall:
(1)
procure and file information relating to identification and activities of persons who:
(a)
are fugitives from justice;
(b)
are wanted or missing;
(c)
have been arrested for or convicted of a crime under the laws of any state or nation; 
and
(d)
are believed to be involved in racketeering, organized crime, or a dangerous offense;
(2)
establish a statewide uniform crime reporting system that shall include:
(a)
statistics concerning general categories of criminal activities;
(b)
statistics concerning crimes that exhibit evidence of prejudice based on race, 
religion, ancestry, national origin, ethnicity, or other categories that the division finds 
appropriate;
(c)
statistics concerning the use of force by law enforcement officers in accordance with 
the Federal Bureau of Investigation's standards; and
(d)
other statistics required by the Federal Bureau of Investigation;
(3)
make a complete and systematic record and index of the information obtained under this 
part;
(4)
subject to the restrictions in this part, establish policy concerning the use and 
dissemination of data obtained under this part;
(5)
publish an annual report concerning the extent, fluctuation, distribution, and nature of 
crime in Utah;
(6)
establish a statewide central register for the identification and location of missing 
persons, which may include:
(a)
identifying data including fingerprints of each missing person;
(b)
identifying data of any missing person who is reported as missing to a law 
enforcement agency having jurisdiction;
(c)
dates and circumstances of any persons requesting or receiving information from the 
register; and
(d)
any other information, including blood types and photographs found necessary in 
furthering the purposes of this part;
(7)
publish a quarterly directory of missing persons for distribution to persons or entities 
likely to be instrumental in the identification and location of missing persons;
(8)
list the name of every missing person with the appropriate nationally maintained 
missing persons lists;
(9)
establish and operate a 24-hour communication network for reports of missing persons 
and reports of sightings of missing persons;
(10)
coordinate with the National Center for Missing and Exploited Children and other 
agencies to facilitate the identification and location of missing persons and the 
identification of unidentified persons and bodies;
(11)
receive information regarding missing persons as provided in Sections 
26B-8-130
 and 
53G-6-602
, and stolen vehicles, vessels, and outboard motors, as provided in Section 
41-1a-1401
;
(12)
adopt systems of identification, including the fingerprint system, to be used by the 
division to facilitate law enforcement;
(13)
assign a distinguishing number or mark of identification to any pistol or revolver, as 
provided in Section 
76-10-520
53-5a-105
;
(14)
check certain criminal records databases for information regarding motor vehicle 
salesperson applicants, maintain a separate file of fingerprints for motor vehicle 
salespersons, and inform the Motor Vehicle Enforcement Division when new entries are 
made for certain criminal offenses for motor vehicle salespersons in accordance with the 
requirements of Section 
41-3-205.5
;
(15)
check certain criminal records databases for information regarding driving privilege 
card applicants or cardholders and maintain a separate file of fingerprints for driving 
privilege applicants and cardholders and inform the federal Immigration and Customs 
Enforcement Agency of the United States Department of Homeland Security when new 
entries are made in accordance with the requirements of Section 
53-3-205.5
;
(16)
review and approve or disapprove applications for license renewal that meet the 
requirements for renewal; and
(17)
forward to the board those applications for renewal under Subsection 
(16)
 that do not 
meet the requirements for renewal.
Section 86, Section 
53-10-208.1
 is amended to read:
53-10-208.1
. Magistrates and court clerks to supply information.
(1)
Every magistrate or clerk of a court responsible for court records in this state shall, 
within 30 days after the day of the disposition and on forms and in the manner provided 
by the division, furnish the division with information pertaining to:
(a)
all dispositions of criminal matters, including:
(i)
guilty pleas;
(ii)
convictions;
(iii)
dismissals;
(iv)
acquittals;
(v)
pleas in abeyance;
(vi)
judgments of not guilty by reason of insanity;
(vii)
judgments of guilty with a mental condition;
(viii)
finding of mental incompetence to stand trial; and
(ix)
probations granted;
(b)
orders of civil commitment under the terms of Section 
26B-5-332
;
(c)
the issuance, recall, cancellation, or modification of all warrants of arrest or 
commitment as described in Rule 6, Utah Rules of Criminal Procedure and Section 
78B-6-303
, within one day of the action and in a manner provided by the division; 
and
(d)
protective orders issued after notice and hearing, pursuant to:
(i)
Title 77, Chapter 36, Cohabitant Abuse Procedures Act
;
(ii)
Title 78B, Chapter 7, Part 4, Dating Violence Protective Orders
;
(iii)
Title 78B, Chapter 7, Part 5, Sexual Violence Protective Orders
;
(iv)
Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders
; or
(v)
Title 78B, Chapter 7, Part 8, Criminal Protective Orders
.
(2)
When transmitting information on a criminal matter under Subsection 
(1)(a)(i)
, 
(ii)
, 
(v)
, 
or 
(vii)
 for a conviction of misdemeanor assault under Section 
76-5-102
, the magistrate 
or clerk of a court shall include available information regarding whether the conviction 
for assault resulted from an assault against an individual:
(a)
who is included in at least one of the relationship categories described in Subsection 
76-10-503(1)(b)(xii)
76-11-302(1)(b)(xii)
; or
(b)
with whom none of the relationships described in Subsection 
76-10-503(1)(b)(xii)
76-11-302(1)(b)(xii)
 apply.
(3)
The court in the county where a determination or finding was made shall transmit a 
record of the determination or finding to the bureau no later than 48 hours after the 
determination is made, excluding Saturdays, Sundays, and legal holidays, if an 
individual is:
(a)
adjudicated as a mental defective; or
(b)
involuntarily committed to a mental institution in accordance with Subsection 
26B-5-332(16)
.
(4)
The record described in Subsection 
(3)
 shall include:
(a)
an agency record identifier;
(b)
the individual's name, sex, race, and date of birth; and
(c)
the individual's social security number, government issued driver license or 
identification number, alien registration number, government passport number, state 
identification number, or FBI number.
Section 87, Section 
53-10-403
 is amended to read:
53-10-403
. DNA specimen analysis -- Application to offenders, including minors.
(1)
Sections 
53-10-403.6
, 
53-10-404
, 
53-10-404.5
, 
53-10-405
, and 
53-10-406
 apply to:
(a)
a person who has pled guilty to or has been convicted of any of the offenses under 
Subsection (2)(a) or (b) on or after July 1, 2002;
(b)
a person who has pled guilty to or has been convicted by any other state or by the 
United States government of an offense which if committed in this state would be 
punishable as one or more of the offenses listed in Subsection (2)(a) or (b) on or after 
July 1, 2003;
(c)
a person who has been booked on or after January 1, 2011, through December 31, 
2014, for any offense under Subsection (2)(c);
(d)
a person who has been booked:
(i)
by a law enforcement agency that is obtaining a DNA specimen on or after May 
13, 2014, through December 31, 2014, under Subsection 
53-10-404
(4)(b) for any 
felony offense; or
(ii)
on or after January 1, 2015, for any felony offense; or
(e)
a minor:
(i)
(A)
who is adjudicated by the juvenile court for an offense described in 
Subsection (2) that is within the jurisdiction of the juvenile court on or after 
July 1, 2002; or
(B)
who is adjudicated by the juvenile court for an offense described in 
Subsection (2) and is in the legal custody of the Division of Juvenile Justice 
Services for the offense on or after July 1, 2002; and
(ii)
who is 14 years old or older at the time of the commission of the offense 
described in Subsection (2).
(2)
Offenses referred to in Subsection (1) are:
(a)
any felony or class A misdemeanor under the Utah Code;
(b)
any offense under Subsection (2)(a):
(i)
for which the court enters a judgment for conviction to a lower degree of offense 
under Section 
76-3-402
; or
(ii)
regarding which the court allows the defendant to enter a plea in abeyance as 
defined in Section 
77-2a-1
; or
(c)
(i)
any violent felony as defined in Section 
53-10-403.5
;
(ii)
sale or use of body parts, Section 
26B-8-315
;
(iii)
failure to stop at an accident that resulted in death, Section 
41-6a-401.5
;
(iv)
operating a motor vehicle with any amount of a controlled substance in an 
individual's body and causing serious bodily injury or death, as codified before 
May 4, 2022, Laws of Utah 2021, Chapter 236, Section 1, Subsection 
58-37-8
(2)(g);
(v)
a felony violation of enticing a minor, Section 
76-4-401
76-5-417
;
(vi)
negligently operating a vehicle resulting in injury, Subsection 
76-5-102.1
(2)(b);
(vii)
a felony violation of propelling a substance or object at a correctional officer, a 
peace officer, or an employee or a volunteer, including health care providers, 
Section 
76-5-102.6
;
(viii)
automobile homicide, Subsection 
76-5-207
(2)(b);
(ix)
aggravated human trafficking, Section 
76-5-310
, and aggravated human 
smuggling, Section 
76-5-310.1
;
(x)
a felony violation of unlawful sexual activity with a minor, Section 
76-5-401
;
(xi)
a felony violation of sexual abuse of a minor, Section 
76-5-401.1
;
(xii)
unlawful sexual contact with a 16 or 17-year old, Section 
76-5-401.2
;
(xiii)
sale of a child, Section 
76-7-203
;
(xiv)
aggravated escape, Section 
76-8-309.3
;
(xv)
a felony violation of threatened or attempted assault on an elected official, 
Section 
76-8-313
;
(xvi)
threat with intent to impede, intimidate, interfere, or retaliate against a judge or 
a member of the Board of Pardons and Parole or acting against a family member 
of a judge or a member of the Board of Pardons and Parole, Section 
76-8-316
;
(xvii)
assault with intent to impede, intimidate, interfere, or retaliate against a judge 
or a member of the Board of Pardons and Parole or acting against a family 
member of a judge or a member of the Board of Pardons and Parole, Section 
76-8-316.2
;
(xviii)
aggravated assault with intent to impede, intimidate, interfere, or retaliate 
against a judge or a member of the Board of Pardons and Parole or acting against 
a family member of a judge or a member of the Board of Pardons and Parole, 
Section 
76-8-316.4
;
(xix)
attempted murder with intent to impede, intimidate, interfere, or retaliate 
against a judge or a member of the Board of Pardons and Parole or acting against 
a family member of a judge or a member of the Board of Pardons and Parole, 
Section 
76-8-316.6
;
(xx)
advocating criminal syndicalism or sabotage, Section 
76-8-902
;
(xxi)
assembling for advocating criminal syndicalism or sabotage, Section 
76-8-903
;
(xxii)
a felony violation of sexual battery, Section 
76-9-702.1
76-5-418
;
(xxiii)
a felony violation of lewdness involving a child, Section 
76-9-702.5
76-5-420
;
(xxiv)
a felony violation of abuse or desecration of a dead human body, Section 
76-9-704
76-5-802
;
(xxv)
manufacture, possession, sale, or use of a weapon of mass destruction, Section 
76-10-402
76-15-302
;
(xxvi)
manufacture, possession, sale, or use of a hoax weapon of mass destruction, 
Section 
76-10-403
76-15-303
;
(xxvii)
possession of a concealed firearm in the commission of a viole
nt felony, 
Subsection 
76-10-504
(4)
7
6-11-202
(3)(c)(ii)
;
(xxviii)
assault with the intent to commit bus hijacking with a dangerous weapon
, 
Subsection 
76-10-1504
(3)
 as described in Subsection 
76-9-1503(3)(b)
;
(xxix)
aggravated 
commercial obstruction, 
Subsection 
76-10-2402
(2)
Section 
76-9-114
;
(xxx)
a felony violation of failure to register as a sex or kidnap offender, Section 
77-41-107
;
(xxxi)
repeat violation of a protective order, Subsection 
77-36-1.1
(4); or
(xxxii)
violation of condition for release after arrest under Section 
78B-7-802
.
Section 88, Section 
53-10-801
 is amended to read:
53-10-801
. Definitions.
For purposes of this part:
(1)
"Alleged sexual offender" means an individual 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 conduct or activities that may result in an HIV infection as a result of the 
alleged offense.
(2)
"Department of Health and Human Services" means the Department of Health and 
Human Services created in Section 
26B-1-201
.
(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;
(c)
isolation of HIV; or
(d)
demonstration of HIV proviral DNA.
(4)
"HIV positive individual" means an individual who is HIV positive as determined by 
the State Health Laboratory.
(5)
"Local department of health" means a local health department as defined in Section 
26A-1-102
.
(6)
"Minor" means an individual younger than 18 years old.
(7)
"Positive" means an indication of the HIV infection as defined in Subsection 
(3)
.
(8)
(a)
"Sexual offense" means a violation of any offense under 
Title 76, Chapter 5, Part 
4, Sexual Offenses
.
(b)
"Sexual offense" does not include a violation of Section 
76-5-417
, 
76-5-418
, 
76-5-419
, or 
76-5-420
.
(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 and Human 
Services.
Section 89, Section 
53-10-803
 is amended to read:
53-10-803
. 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, Sexual Offenses
,
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
 and Human Services
.
(b)
The Department of Health
 and Human Services
 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.
Section 90, Section 
53-13-116
 is amended to read:
53-13-116
. Report required after pointing a firearm at an individual.
(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" means the same as that term is defined in Section 
76-10-501
76-11-101
.
(c)
"Law enforcement officer" means the same as that term is defined in Section 
53-13-103
.
(d)
"Officer-involved critical incident" means the same as that term is defined in Section 
76-2-408
.
(2)
A law enforcement officer shall file a report described in Subsection 
(3)
 if, during the 
performance of the officer's duties:
(a)
the officer points a firearm at an individual; or
(b)
the officer aims a conductive energy device at an individual and displays the 
electrical current.
(3)
(a)
A report described in Subsection 
(2)
 shall include:
(i)
a description of the incident;
(ii)
the identification of the individuals involved in the incident; and
(iii)
any other information required by the law enforcement agency.
(b)
A law enforcement officer shall submit a report required under Subsection 
(2)
 to the 
officer's law enforcement agency within 48 hours after the incident.
(4)
A supervisory law enforcement officer shall review a report submitted under Subsection 
(3)(b)
.
(5)
This section does not apply to:
(a)
law enforcement training exercises; or
(b)
an officer who, as part of an officer-involved critical incident, engaged in conduct 
described under Subsection 
(2)(a)
 or 
(2)(b)
.
Section 91, Section 
53-22-105
 is amended to read:
53-22-105
. School guardian program.
(1)
As used in this section:
(a)
"Annual training" means an annual four-hour training that:
(i)
a county security chief or a designee administers;
(ii)
the state security chief approves;
(iii)
can be tailored to local needs;
(iv)
allows an individual to practice and demonstrate firearms proficiency at a 
firearms range using the firearm the individual carries for self defense and defense 
of others;
(v)
includes the following components:
(A)
firearm safety, including safe storage of a firearm;
(B)
de-escalation tactics;
(C)
the role of mental health in incidents; and
(D)
disability awareness and interactions; and
(vi)
contains other training needs as determined by the state security chief.
(b)
"Biannual training" means a twice-yearly training that:
(i)
is at least four hours, unless otherwise approved by the state security chief;
(ii)
a county security chief or a designee administers;
(iii)
the state security chief approves;
(iv)
can be tailored to local needs; and
(v)
through which a school guardian at a school or simulated school environment:
(A)
receives training on the specifics of the building or buildings of the school, 
including the location of emergency supplies and security infrastructure; and
(B)
participates in a live-action practice plan with school administrators in 
responding to active threats at the school; and
(vi)
shall be taken with at least three months in between the two trainings.
(c)
"Firearm" means the same as that term is defined in Section 
76-10-501
76-11-101
.
(d)
"Initial training" means an in-person training that:
(i)
a county security chief or a designee administers;
(ii)
the state security chief approves;
(iii)
can be tailored to local needs; and
(iv)
provides:
(A)
training on general familiarity with the types of firearms that can be concealed 
for self-defense and defense of others;
(B)
training on the safe loading, unloading, storage, and carrying of firearms in a 
school setting;
(C)
training at a firearms range with instruction regarding firearms fundamentals, 
marksmanship, the demonstration and explanation of the difference between 
sight picture, sight alignment, and trigger control, and a recognized pistol 
course;
(D)
current laws dealing with the lawful use of a firearm by a private citizen, 
including laws on self-defense, defense of others, transportation of firearms, 
and concealment of firearms;
(E)
coordination with law enforcement officers in the event of an active threat;
(F)
basic trauma first aid;
(G)
the appropriate use of force, emphasizing the de-escalation of force and 
alternatives to using force;
(H)
situational response evaluations, including:
(I)
protecting and securing a crime or accident scene;
(II)
notifying law enforcement;
(III)
controlling information; and
(IV)
other training that the county sheriff, designee, or department deems 
appropriate.
(e)
"Program" means the school guardian program created in this section.
(f)
(i)
"School employee" means an employee of a school whose duties and 
responsibilities require the employee to be physically present at a school's campus 
while school is in session.
(ii)
"School employee" does not include a principal, teacher, or individual whose 
primary responsibilities require the employee to be primarily present in a 
classroom to teach, care for, or interact with students, unless:
(A)
the principal, teacher, or individual is employed at a school with 100 or fewer 
students;
(B)
the principal, teacher, or individual is employed at a school with adjacent 
campuses as determined by the state security chief; or
(C)
as provided in Subsection 
53G-8-701.5(3)
.
(g)
"School guardian" means a school employee who meets the requirements of 
Subsection (3).
(2)
(a)
(i)
There is created within the department the school guardian program;
(ii)
the state security chief shall oversee the school guardian program;
(iii)
the applicable county security chief shall administer the school guardian program 
in each county.
(b)
The state security chief shall ensure that the school guardian program includes:
(i)
initial training;
(ii)
biannual training; and
(iii)
annual training.
(c)
A county sheriff may partner or contract with:
(i)
another county sheriff to support the respective county security chiefs in jointly 
administering the school guardian program in the relevant counties; and
(ii)
a local law enforcement agency of relevant jurisdiction to provide the:
(A)
initial training;
(B)
biannual training; and
(C)
annual training.
(3)
(a)
A school employee that volunteers to participate is eligible to join the program as 
a school guardian if:
(i)
the school administrator approves the volunteer school employee to be designated 
as a school guardian;
(ii)
the school employee satisfactorily completes initial training within six months 
before the day on which the school employee joins the program;
(iii)
the school employee holds a valid concealed carry permit issued under Title 53, 
Chapter 5, Part 7, Concealed Firearm Act;
(iv)
the school employee certifies to the sheriff of the county where the school is 
located that the school employee has undergone the training in accordance with 
Subsection (3)(a)(ii) and intends to serve as a school guardian; and
(v)
the school employee successfully completes a mental health screening selected by 
the state security chief in collaboration with the Office of Substance Abuse and 
Mental Health established in Section 
26B-5-102
.
(b)
After joining the program a school guardian shall complete annual training and 
biannual training to retain the designation of a school guardian in the program.
(4)
The state security chief shall:
(a)
for each school that participates in the program, track each school guardian at the 
school by collecting the photograph and the name and contact information for each 
guardian;
(b)
make the information described in Subsection (4)(a) readily available to each law 
enforcement agency in the state categorized by school; and
(c)
provide each school guardian with a one-time stipend of $500.
(5)
A school guardian:
(a)
may store the school guardian's firearm on the grounds of a school only if:
(i)
the firearm is stored in a biometric gun safe;
(ii)
the biometric gun safe is located in the school guardian's office; and
(iii)
the school guardian is physically present on the grounds of the school while the 
firearm is stored in the safe;
(b)
shall carry the school guardian's firearm in a concealed manner; and
(c)
may not, unless during an active threat, display or open carry a firearm while on 
school grounds.
(6)
Except as provided in Subsection (5)(c), this section does not prohibit an individual who 
has a valid concealed carry permit but is not participating in the program from carrying a 
firearm on the grounds of a public school or charter school under Subsection 
76-10-505.5
(4)
76-11-204(4)
.
(7)
A school guardian:
(a)
does not have authority to act in a law enforcement capacity; and
(b)
may, at the school where the school guardian is employed:
(i)
take actions necessary to prevent or abate an active threat; and
(ii)
temporarily detain an individual when the school guardian has reasonable cause 
to believe the individual has committed or is about to commit a forcible felony, as 
that term is defined in Section 
76-2-402
.
(8)
A school may designate a single volunteer or multiple volunteers to participate in the 
school guardian program to satisfy the school safety personnel requirements of Section 
53G-8-701.5
.
(9)
The department may adopt, according to Title 63G, Chapter 3, Utah Administrative 
Rulemaking Act, rules to administer this section.
(10)
A school guardian who has active status in the guardian program is not liable for any 
civil damages or penalties if the school guardian:
(a)
when carrying or storing a firearm:
(i)
is acting in good faith; and
(ii)
is not grossly negligent; or
(b)
threatens, draws, or otherwise uses a firearm reasonably believing the action to be
necessary in compliance with Section 
76-2-402
.
(11)
A school guardian shall file a report described in Subsection (12) if, during the 
performance of the school guardian's duties, the school guardian points a firearm at an 
individual.
(12)
(a)
A report described in Subsection (11) shall include:
(i)
a description of the incident;
(ii)
the identification of the individuals involved in the incident; and
(iii)
any other information required by the state security chief.
(b)
A school guardian shall submit a report required under Subsection (11) to the school 
administrator, school safety and security director, and the state security chief within 
48 hours after the incident.
(c)
The school administrator, school safety and security director, and the state security 
chief shall consult and review the report submitted under Subsection (12)(b).
(13)
The requirements of Subsections (11) and (12) do not apply to a training exercise.
(14)
A school guardian may have the designation of school guardian revoked at any time by 
the school principal, county sheriff, or state security chief.
(15)
(a)
Any information or record created detailing a school guardian's participation in 
the program is:
(i)
a private, controlled, or protected record under Title 63G, Chapter 2, Government 
Records Access and Management Act; and
(ii)
available only to:
(A)
the state security chief;
(B)
administrators at the school guardian's school;
(C)
if applicable, other school safety personnel described in Section 
53G-8-701.5
;
(D)
a local law enforcement agency that would respond to the school in case of an 
emergency; and
(E)
the individual designated by the county sheriff in accordance with Section 
53-22-103
 of the county of the school where the school guardian in the 
program is located.
(b)
The information or record described in Subsection (15)(a) includes information 
related to the school guardian's identity and activity within the program as described 
in this section and any personal identifying information of a school guardian 
participating in the program collected or obtained during initial training, annual 
training, and biannual training.
(c)
An individual who intentionally or knowingly provides the information described in 
Subsection (15)(a) to an individual or entity not listed in Subsection (15)(a)(ii) is 
guilty of a class B misdemeanor.
Section 92, Section 
53-22-107
 is amended to read:
53-22-107
. Educator-Protector Program.
(1)
As used in this section:
(a)
"Annual classroom response training" means a training for a teacher:
(i)
that is held at least once a year and is administered, at no cost to a teacher, by the 
individual identified by the county sheriff as described in Section 
53-22-103
; and
(ii)
where the teacher is trained:
(A)
on how to defend a classroom against active threats emphasizing the teacher's 
role in stationary defense; and
(B)
on the safe loading, unloading, storage, and carrying of firearms in a school 
setting.
(b)
"Bureau" means the Bureau of Criminal Identification created in Section 
53-10-201
.
(c)
"Local education agency" means the same as that term is defined in Section 
53E-1-102
.
(d)
"Program" means the Educator-Protector Program created under this section.
(e)
"Teacher" means an individual employed by a local education agency who has an 
assignment to teach in a classroom.
(2)
There is created the Educator-Protector Program to incentivize a teacher to responsibly 
secure or carry a firearm on the grounds of the school where the teacher is employed.
(3)
(a)
To participate in the program, a teacher shall:
(i)
have completed an annual classroom response training within six months before 
the day on which the teacher joins the program;
(ii)
have a valid concealed carry permit issued under Title 53, Chapter 5, Part 7, 
Concealed Firearm Act; and
(iii)
certify to the department that:
(A)
the teacher satisfies the requirements described in Subsections (3)(a)(i) and 
(3)(a)(ii); and
(B)
if applicable, intends to securely store or carry a firearm on the grounds of a 
school where the teacher is employed.
(b)
After joining the program, to retain the teacher's active status in the program, a 
teacher shall:
(i)
participate in annual classroom response training; and
(ii)
comply with any rules established by the department in accordance with 
Subsection (10).
(4)
(a)
The state security chief shall:
(i)
track each teacher that participates in the program by collecting a photograph, 
name, and contact information for each teacher;
(ii)
make the information described in Subsection (4)(a) readily available to each law 
enforcement agency in the state; and
(iii)
provide reasonable reimbursement, using funds appropriated by the Legislature, 
to a county sheriff for providing a teacher with annual classroom response training.
(b)
The state security chief shall categorize the information described in Subsection 
(4)(a)(i) by school.
(5)
A teacher participating in the program:
(a)
may store the teacher's firearm on the grounds of a school only if:
(i)
the firearm is stored in a biometric gun safe;
(ii)
the biometric gun safe is located in the teacher's classroom or office; and
(iii)
the teacher is physically present on the grounds of the school while the firearm is 
stored in the biometric gun safe; and
(b)
shall carry the teacher's firearm in a concealed manner unless during an active threat.
(6)
This section does not prohibit an individual who has a valid concealed carry permit but 
is not participating in the program from carrying firearms on the grounds of a school as 
described in Subsection 
76-10-505.5
(4)
76-11-204(4)
.
(7)
(a)
A teacher who has active status in the program is not liable for any civil damages 
or penalties if the teacher:
(i)
when carrying or storing a firearm:
(A)
is acting in good faith; and
(B)
is not grossly negligent; or
(ii)
threatens, draws, or otherwise uses a firearm reasonably believing the action to be 
necessary in compliance with Section 
76-2-402
.
(b)
A local education agency is not liable for civil damages or penalties resulting from a 
teacher who is participating in the program carrying, using, or storing a firearm at a 
school.
(8)
A local education agency may not prevent a teacher from participating in the program 
under this section.
(9)
(a)
Any information or record created detailing a teacher's participation in the 
program is:
(i)
a private, controlled, or protected record under Title 63G, Chapter 2, Government 
Records Access and Management Act; and
(ii)
available only to:
(A)
the state security chief;
(B)
a local law enforcement agency that would respond to the school in case of an 
emergency; and
(C)
the individual identified by the county sheriff as described in Section 
53-22-103
.
(b)
The information or record described in Subsection (9)(a) includes the information 
described in Subsection (4)(a)(i) and any personal identifying information of a 
teacher participating in the program collected or obtained during annual classroom 
response training.
(c)
An individual who intentionally or knowingly provides the information described in 
Subsection (9)(a) to an individual or entity not listed in Subsection (9)(a)(ii) is guilty 
of a class A misdemeanor.
(10)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the 
department may adopt rules to administer this section.
Section 93, Section 
53-25-103
 is amended to read:
53-25-103
. Airport dangerous weapon possession reporting requirements.
(1)
As used in this section, "commission" means the State Commission on Criminal and 
Juvenile Justice created in Section 
63M-7-201
.
(2)
Beginning on January 1, 2026, a law enforcement agency having law enforcement 
jurisdiction over an airport shall annually, on or before April 30, submit a report to the 
commission detailing:
(a)
for an offense described in Subsection 
76-10-529
(2)(a)(i)
76-11-215(2)(a)
:
(i)
the number of issued written warnings;
(ii)
the number of issued citations;
(iii)
the number of referrals to a detective; and
(iv)
the number of referrals to a prosecutor; and
(b)
for an offense described in Subsection 
76-10-529
(2)(a)(ii)
76-11-215(2)(b)
:
(i)
the number of issued written warnings; and
(ii)
if applicable, the number of issued citations, including the number of individuals 
who have received more than one citation for the offense.
(3)
The commission shall:
(a)
develop a standardized format for reporting the data described in Subsection (2);
(b)
compile the data submitted under Subsection (2); and
(c)
annually on or before August 1, publish a report of the data described in Subsection 
(2) on the commission's website.
Section 94, Section 
53-25-202
 is amended to read:
53-25-202
. Sexual assault offense reporting requirements for law enforcement 
agencies.
(1)
As used in this section:
(a)
"Commission" means the State Commission on Criminal and Juvenile Justice created 
in Section 
63M-7-201
.
(b)
"Sexual assault offense" means:
(i)
rape, Section 
76-5-402
;
(ii)
rape of a child, Section 
76-5-402.1
;
(iii)
object rape, Section 
76-5-402.2
;
(iv)
object rape of a child, Section 
76-5-402.3
;
(v)
forcible sodomy, Section 
76-5-403
;
(vi)
sodomy on a child, Section 
76-5-403.1
;
(vii)
forcible sexual abuse, Section 
76-5-404
;
(viii)
sexual abuse of a child, Section 
76-5-404.1
;
(ix)
aggravated sexual abuse of a child, Section 
76-5-404.3
;
(x)
aggravated sexual assault, Section 
76-5-405
; or
(xi)
sexual battery, Section 
76-9-702.1
76-5-418
.
(2)
(a)
Beginning January 1, 2025, a law enforcement agency shall:
(i)
annually, on or before April 30, submit a report to the commission for the previous 
calendar year containing the number of each type of sexual assault offense that:
(A)
was reported to the law enforcement agency;
(B)
was investigated by a detective; and
(C)
was referred to a prosecutor for prosecution; and
(ii)
submit a report to the commission on whether the law enforcement agency has 
created and publicly posted on the law enforcement agency's website:
(A)
the policy described in Subsection 
53-24-101
(1)(a); and
(B)
the guide described in Subsection 
53-24-101
(2)(a).
(b)
A law enforcement agency shall:
(i)
compile the report described in Subsection (2)(a)(i) for each calendar year in the 
standardized format developed by the commission under Subsection (3); and
(ii)
publicly post the information reported in Subsection (2)(a)(i) on the law 
enforcement agency's website.
(3)
The commission shall:
(a)
develop a standardized format for reporting the data described in Subsection (2);
(b)
compile the data submitted under Subsection (2); and
(c)
annually on or before August 1, publish a report of the data described in Subsection 
(2) on the commission's website.
Section 95, Section 
53-25-501
 is amended to read:
53-25-501
. Reporting requirements for seized firearms.
(1)
As used in this section:
(a)
"Commission" means the State Commission on Criminal and Juvenile Justice created 
in Section 
63M-7-201
.
(b)
"Firearm" means the same as that term is defined in Section 
76-10-501
76-11-101
.
(c)
"Restricted person" means a Category I or Category II restricted person as defined in 
Section 
76-10-503
76-11-302
.
(2)
Beginning on July 1, 2026, a law enforcement agency, not including the Department of 
Corrections, shall annually on or before April 30 report to the commission the following 
data for the previous calendar year:
(a)
the number of firearms the law enforcement agency lawfully seized from restricted 
persons;
(b)
the types of firearms the law enforcement agency lawfully seized from restricted 
persons;
(c)
information on where the restricted persons obtained the firearms seized by the law 
enforcement agency if the information is known or discoverable by the law 
enforcement agency; and
(d)
the reasons under Subsection 
76-10-503
(1)(a)
76-11-302(1)(a)
or (b) that made 
the individuals who had weapons seized restricted persons.
Section 96, Section 
53-25-601
 is enacted to read:
6. Requirements Related to Criminal Street Gangs 
53-25-601
. Definitions.
As used in this part:
(1)
"Criminal street gang" means the same as that term is defined in Section 
76-9-802
.
(2)
"Gang loitering" means the same as that term is defined in Section 
76-9-802
.
(3)
"Public place" means the same as that term is defined in Section 
76-9-802
.
Section 97, Section 
53-25-602
, which is renumbered from Section 76-9-903 is renumbered 
and amended to read:
76-9-903
53-25-602
. Law enforcement officer responsibilities for gang loitering.
(1)
When 
If 
a law enforcement officer observes 
a person
an individual
 whom the 
law 
enforcement 
officer reasonably believes to be a member of a criminal street gang 
engaging in gang loitering in the presence of one or more other 
persons
individuals
 in 
any
a
 public place
 that is designated by a municipal or county legislative body as an area
where gang loitering is prohibited under Section 
76-9-905
11-48-104
 and subject to the 
penalties under Section 
76-9-805
, the 
police
law enforcement
 officer shall:
(a)
inform 
all the persons that they are within an
the individual and all other individuals 
engaging in gang loitering with the individual in a group that the
 area in which 
the 
group is 
loitering by a group containing one or more criminal street gang members is 
prohibited;
(b)
order 
all the persons in the group
the individual
 to disperse and remove 
themselves
the individual
 from within sight and hearing of the location where the officer issues 
the order to disperse; and
(c)
inform the 
persons
individuals
 that any 
person
individual
 in the group will be 
subject to being charged with a criminal offense and will also be subject to arrest if 
the 
person
individual
 fails to promptly obey the order to disperse.
(2)
The 
law enforcement 
officer under Subsection 
(1)
 shall also advise the 
persons
individuals
 the 
law enforcement 
officer is directing to disperse that each of the 
persons
individuals
 directed to disperse is subject to being charged with a criminal offense and 
will also be subject to arrest if the 
person
individual
 is again, within eight hours after 
the current order to disperse is made:
(a)
present in a public place with a group that includes one or more 
persons
individuals
a 
peace
law enforcement
 officer reasonably believes to be a member of a criminal 
street gang; and
(b)
within sight or hearing of the location where the law enforcement officer is currently 
issuing the order to disperse.
(3)
This section does not affect or limit an individual's constitutional right to engage in 
collective advocacy activities that are protected by the constitution or laws of this state 
or by the constitution or laws of the United States.
(4)
A sheriff or chief of police implementing this section shall:
(a)
issue a written directive to all agency employees that provides information on 
preventing the enforcement of this section against individuals who are engaged in 
constitutionally protected collective advocacy activities;
(b)
ensure that all law enforcement officers charged with enforcing this section 
successfully complete appropriate training on identification of gang members and 
criminal street gangs; and
(c)
ensure that any training described in this section complies with Title 63G, Chapter 
22, State Training and Certification Requirements.
Section 98, Section 
53B-16-601
 is amended to read:
53B-16-601
. Definitions.
As used in this part:
(1)
"Institution" means:
(a)
an institution of higher education described in Section 
53B-1-102
; or
(b)
a private, nonprofit institution of higher education.
(2)
"Intercollegiate athletics program" means an institution-sponsored athletic program or 
sporting activity in which a student athlete represents the student athlete's institution in 
competition against another institution.
(3)
"Prohibited endorsement provision" means a provision that requires or permits the use 
of a student athlete's name, image, or likeness to promote:
(a)
a tobacco product or 
e-cigarettes
electronic cigarette
, as those terms are defined in 
Section 
76-10-101
76-9-1101
, including vaping;
(b)
an alcoholic product, as that term is defined in Section 
32B-1-102
;
(c)
a seller or dispenser of a controlled substance, including steroids, antibiotics, and 
marijuana;
(d)
gambling or betting;
(e)
a sexually oriented business, as that term is defined in Section 
17-50-331
; or
(f)
a firearm that the student athlete cannot legally purchase.
(4)
(a)
"Student athlete" means an individual who:
(i)
is enrolled in an institution; and
(ii)
participates as an athlete for the institution in an intercollegiate athletics program.
(b)
"Student athlete" includes an agent or other representative of a student athlete.
(5)
"Student athlete agreement" means a proposed or executed contract:
(a)
between a student athlete and a third party that is not an institution; and
(b)
in which the student athlete and third party agree that the student athlete's name, 
image, or likeness may be used to promote a business, product, service, or individual 
in exchange for the student athlete receiving financial compensation or other benefits.
Section 99, Section 
53G-1-103
 is amended to read:
53G-1-103
. Definitions.
As used in this title, "electronic cigarette product" means the same as that term is 
defined in Section 
76-10-101
76-9-1101
.
Section 100, Section 
53G-4-402
 is amended to read:
53G-4-402
. Powers and duties generally.
(1)
A local school board shall:
(a)
implement the core standards for Utah public schools using instructional materials 
that best correlate to the core standards for Utah public schools and graduation 
requirements;
(b)
administer tests, required by the state board, which measure the progress of each 
student, and coordinate with the state superintendent and state board to assess results 
and create plans to improve the student's progress, which shall be submitted to the 
state board for approval;
(c)
use progress-based assessments as part of a plan to identify schools, teachers, and 
students that need remediation and determine the type and amount of federal, state, 
and local resources to implement remediation;
(d)
for each grading period and for each course in which a student is enrolled, issue a 
grade or performance report to the student:
(i)
that reflects the student's work, including the student's progress based on mastery, 
for the grading period; and
(ii)
in accordance with the local school board's adopted grading or performance 
standards and criteria;
(e)
develop early warning systems for students or classes failing to make progress;
(f)
work with the state board to establish a library of documented best practices, 
consistent with state and federal regulations, for use by the special districts;
(g)
implement training programs for school administrators, including basic management 
training, best practices in instructional methods, budget training, staff management, 
managing for learning results and continuous improvement, and how to help every 
student achieve optimal learning in basic academic subjects; and
(h)
ensure that the local school board meets the data collection and reporting standards 
described in Section 
53E-3-501
.
(2)
Local school boards shall spend Minimum School Program funds for programs and 
activities for which the state board has established minimum standards or rules under 
Section 
53E-3-501
.
(3)
(a)
A local school board may purchase, sell, and make improvements on school sites, 
buildings, and equipment, and construct, erect, and furnish school buildings.
(b)
School sites or buildings may only be conveyed or sold on local school board 
resolution affirmed by at least two-thirds of the school board members.
(4)
(a)
A local school board may participate in the joint construction or operation of a 
school attended by students residing within the district and students residing in other 
districts either within or outside the state.
(b)
Any agreement for the joint operation or construction of a school shall:
(i)
be signed by the president of the local school board of each participating district;
(ii)
include a mutually agreed upon pro rata cost; and
(iii)
be filed with the state board.
(5)
A local school board may establish, locate, and maintain elementary, secondary, and 
applied technology schools.
(6)
A local school board may enter into cooperative agreements with other local school 
boards to provide educational services that best utilize resources for the overall 
operation of the school districts, including shared transportation services.
(7)
A local school board shall ensure that an agreement under Subsection (6):
(a)
is signed by the president of the local school board of each participating district;
(b)
specifies the resource being shared;
(c)
includes a mutually agreed upon pro rata cost;
(d)
includes the duration of the agreement; and
(e)
is filed with the state board.
(8)
Except as provided in Section 
53E-3-905
, a local school board may enroll children in 
school who are at least five years old before September 2 of the year in which admission 
is sought.
(9)
A local school board:
(a)
may establish and support school libraries; and
(b)
shall provide an online platform:
(i)
through which a parent is able to view the title, author, and a description of any 
material the parent's child borrows from the school library, including a history of 
borrowed materials, either using an existing online platform that the LEA uses or 
through a separate platform; and
(ii)
(A)
for a school district with 1,000 or more enrolled students, no later than 
August 1, 2024; and
(B)
for a school district with fewer than 1,000 enrolled students, no later than 
August 1, 2026.
(10)
A local school board may collect damages for the loss, injury, or destruction of school 
property.
(11)
A local school board may authorize guidance and counseling services for students and 
the student's parents before, during, or following school enrollment.
(12)
(a)
A local school board shall administer and implement federal educational 
programs in accordance with Title 53E, Chapter 3, Part 8, Implementing Federal or 
National Education Programs.
(b)
Federal funds are not considered funds within the school district budget under 
Chapter 7, Part 3, Budgets.
(13)
(a)
A local school board may organize school safety patrols and adopt policies under 
which the patrols promote student safety.
(b)
A student appointed to a safety patrol shall be at least 10 years old and have written 
parental consent for the appointment.
(c)
Safety patrol members may not direct vehicular traffic or be stationed in a portion of 
a highway intended for vehicular traffic use.
(d)
Liability may not attach to a school district, its employees, officers, or agents, or to a 
safety patrol member, a parent of a safety patrol member, or an authorized volunteer 
assisting the program by virtue of the organization, maintenance, or operation of a 
school safety patrol.
(14)
(a)
A local school board may on its own behalf, or on behalf of an educational 
institution for which the local school board is the direct governing body, accept 
private grants, loans, gifts, endowments, devises, or bequests that are made for 
educational purposes.
(b)
The contributions made under Subsection (14)(a) are not subject to appropriation by 
the Legislature.
(15)
(a)
A local school board may appoint and fix the compensation of a compliance 
officer to issue citations for violations of Subsection 
76-10-105
(2)(b)
76-9-1106(3)(c)
.
(b)
A person may not be appointed to serve as a compliance officer without the person's 
consent.
(c)
A teacher or student may not be appointed as a compliance officer.
(16)
A local school board shall adopt bylaws and policies for the local school board's own 
procedures.
(17)
(a)
A local school board shall make and enforce policies necessary for the control 
and management of the district schools.
(b)
Local school board policies shall be in writing, filed, and referenced for public 
access.
(18)
A local school board may hold school on legal holidays other than Sundays.
(19)
(a)
A local school board shall establish for each school year a school traffic safety 
committee to implement this Subsection (19).
(b)
The committee shall be composed of one representative of:
(i)
the schools within the district;
(ii)
the Parent Teachers' Association of the schools within the district;
(iii)
the municipality or county;
(iv)
state or local law enforcement; and
(v)
state or local traffic safety engineering.
(c)
The committee shall:
(i)
receive suggestions from school community councils, parents, teachers, and 
others, and recommend school traffic safety improvements, boundary changes to 
enhance safety, and school traffic safety program measures;
(ii)
review and submit annually to the Department of Transportation and affected 
municipalities and counties a child access routing plan for each elementary, 
middle, and junior high school within the district;
(iii)
in consultation with the Utah Safety Council and the Division of Family Health 
Services, provide training to all students in kindergarten through grade 6, within 
the district, on school crossing safety and use; and
(iv)
help ensure the district's compliance with rules made by the Department of 
Transportation under Section 
41-6a-303
.
(d)
The committee may establish subcommittees as needed to assist in accomplishing the 
committee's duties under Subsection (19)(c).
(20)
(a)
A local school board shall adopt and implement a comprehensive emergency 
response plan to prevent and combat violence in the local school board's public 
schools, on school grounds, on school vehicles, and in connection with 
school-related activities or events.
(b)
The local school board shall ensure that the plan:
(i)
includes prevention, intervention, and response components;
(ii)
is consistent with the school discipline and conduct policies required for school 
districts under Chapter 8, Part 2, School Discipline and Conduct Plans;
(iii)
requires professional learning for all district and school building staff on the 
staff's roles in the emergency response plan;
(iv)
provides for coordination with local law enforcement and other public safety 
representatives in preventing, intervening, and responding to violence in the areas 
and activities referred to in Subsection (20)(a); and
(v)
includes procedures to notify a student who is off campus at the time of a school 
violence emergency because the student is:
(A)
participating in a school-related activity; or
(B)
excused from school for a period of time during the regular school day to 
participate in religious instruction at the request of the student's parent.
(c)
The state board, through the state superintendent, shall develop comprehensive 
emergency response plan models that local school boards may use, where 
appropriate, to comply with Subsection (20)(a).
(d)
A local school board shall, by July 1 of each year, certify to the state board that its 
plan has been practiced at the school level and presented to and reviewed by its 
teachers, administrators, students, and the student's parents and local law enforcement 
and public safety representatives.
(21)
(a)
A local school board may adopt an emergency response plan for the treatment of 
sports-related injuries that occur during school sports practices and events.
(b)
The plan may be implemented by each secondary school in the district that has a 
sports program for students.
(c)
The plan may:
(i)
include emergency personnel, emergency communication, and emergency 
equipment components;
(ii)
require professional learning on the emergency response plan for school 
personnel who are involved in sports programs in the district's secondary schools; 
and
(iii)
provide for coordination with individuals and agency representatives who:
(A)
are not employees of the school district; and
(B)
would be involved in providing emergency services to students injured while 
participating in sports events.
(d)
The local school board, in collaboration with the schools referred to in Subsection 
(21)(b), may review the plan each year and make revisions when required to improve 
or enhance the plan.
(e)
The state board, through the state superintendent, shall provide local school boards 
with an emergency plan response model that local school boards may use to comply 
with the requirements of this Subsection (21).
(22)
(a)
A local school board shall approve an LEA's policies and procedures that an 
LEA develops to ensure that students have non-electronic notification of and access 
to:
(i)
school activities and events, including:
(A)
schedule changes;
(B)
extracurricular activities; and
(C)
sporting events; and
(ii)
the emergency response plans described in Subsections (20) and (21).
(b)
Notwithstanding Subsection (22)(a), an LEA may provide electronic notification of 
and access to school activities and events as described in Subsections (22)(a)(i) and 
(ii) if:
(i)
(A)
the school provides each student with an electronic device; and
(B)
the electronic device is capable of receiving electronic notification of and 
access to school activities and events as described in Subsections (22)(a)(i) and 
(ii); or
(ii)
an emergency, unforeseen circumstance, or other incident arises and an LEA 
cannot reasonably provide timely non-electronic notification.
(c)
An LEA may not require the use of a privately owned electronic device to complete 
course work.
(23)
A local school board shall do all other things necessary for the maintenance, 
prosperity, and success of the schools and the promotion of education.
(24)
(a)
As used in this subsection, "special enrollment program" means a full-day 
academic program in which a parent opts to enroll the parent's student and that is 
offered at a specifically designated school within an LEA, including:
(i)
gifted or advanced learning programs; or
(ii)
dual language immersion programs.
(b)
Before closing a school, changing the boundaries of a school, or changing or closing 
the location of a special enrollment program, a local school board shall:
(i)
at a local school board meeting, make and approve a motion to initiate the 
notification required under Subsections (24)(b)(ii) through (iv);
(ii)
on or before 90 days before the day on which the local school board approves the 
school closure or at least 30 days before the day on which the local school board 
approves a school boundary change, provide notice that the local school board is 
considering the closure or boundary change to:
(A)
parents of students enrolled in the school, using the same form of 
communication the local school board regularly uses to communicate with 
parents and also by mail, using the United States Postal Service, to the parents 
at each known address;
(B)
parents of students enrolled in other schools within the school district that may 
be affected by the closure or boundary change, using the same form of 
communication the local school board regularly uses to communicate with 
parents and also by mail, using the United States Postal Service, to the parents 
at each known address; and
(C)
the governing council and the mayor of the municipality in which the school is 
located;
(iii)
provide an opportunity for public comment on the proposed school closure 
during at least two public local school board meetings; 
(iv)
provide an opportunity for public comment on the proposed school boundary 
change during one public local school board meeting; and
(v)
hold a public hearing as defined in Section 
10-9a-103
 and provide public notice 
of the public hearing in accordance with Subsection (24)(c).
(c)
A local school board shall:
(i)
ensure that the notice of a public hearing required under Subsection 
(24)(b)(v)
indicates the:
(A)
name of the school or schools under consideration for closure or boundary 
change; and
(B)
the date, time, and location of the public hearing;
(ii)
if feasible, hold the public hearing at the location of the school that is under 
consideration for closure;
(iii)
for at least 10 days before the day on which the public hearingoccurs, publish the 
notice of public hearing occurs, publish the notice of the public hearing for the 
school district in which the school is located, as a class A notice under Section 
63G-30-102
; and
(iv)
at least 30 days before the day on which the public hearing occurs, provide notice 
of the public hearing in the same manner as the notice of consideration under 
Subsection 
(24)(b)(ii)
.
(d)
A motion made under Subsection (24)(b) shall name each school under consideration 
for closure in a separate motion.
(e)
For a school closure, a local school board shall complete the process described in this 
Subsection (24) on or before December 31 of the calendar year preceding the 
beginning of the school year in which a school closure takes effect.
(f)
(i)
For a school boundary change, a local school board shall complete the process 
described in this Subsection (24) no more than 60 days after the day on which the 
local school board votes to approve a school closure.
(ii)
Parents of students enrolled in a school affected by a boundary change shall have 
at least 30 days after the day on which the local school board votes to approve a 
school boundary change to request an out of area enrollment request in accordance 
with Chapter 6, Part 4, School District Enrollment.
(25)
A local school board may implement a facility energy efficiency program established 
under Title 11, Chapter 44, Performance Efficiency Act.
(26)
A local school board may establish or partner with a certified youth court in 
accordance with Section 
80-6-902
 or establish or partner with a comparable restorative 
justice program, in coordination with schools in that district. A school may refer a 
student to a youth court or a comparable restorative justice program in accordance with 
Section 
53G-8-211
.
(27)
(a)
As used in this Subsection (27):
(i)
"Learning material" means any learning material or resource used to deliver or 
support a student's learning, including textbooks, reading materials, videos, digital 
materials, websites, and other online applications.
(ii)
(A)
"Instructional material" means learning material that a local school board 
adopts and approves for use within the LEA.
(B)
"Instructional material" does not include learning material used in a 
concurrent enrollment, advanced placement, or international baccalaureate 
program or class or another class with required instructional material that is not 
subject to selection by the local school board.
(iii)
"Supplemental material" means learning material that:
(A)
an educator selects for classroom use; and
(B)
a local school board has not considered and adopted, approved, or prohibited 
for classroom use within the LEA.
(b)
A local school board shall:
(i)
make instructional material that the school district uses readily accessible and 
available for a parent to view;
(ii)
annually notify a parent of a student enrolled in the school district of how to 
access the information described in Subsection (27)(b)(i); and
(iii)
include on the school district's website information about how to access the 
information described in Subsection (27)(b)(i).
(c)
In selecting and approving instructional materials for use in the classroom, a local 
school board shall:
(i)
establish an open process, involving educators and parents of students enrolled in 
the LEA, to review and recommend instructional materials for board approval; and
(ii)
ensure that under the process described in Subsection (27)(c)(i), the board:
(A)
before the meetings described in Subsection (27)(c)(ii)(B), posts the 
recommended learning material online to allow for public review or, for 
copyrighted material, makes the recommended learning material available at 
the LEA for public review;
(B)
before adopting or approving the recommended instructional materials, holds 
at least two public meetings on the recommendation that provides an 
opportunity for educators whom the LEA employs and parents of students 
enrolled in the LEA to express views and opinions on the recommendation; and
(C)
adopts or approves the recommended instructional materials in an open and 
regular board meeting.
(d)
A local school board shall adopt a supplemental materials policy that provides 
flexible guidance to educators on the selection of supplemental materials or resources 
that an educator reviews and selects for classroom use using the educator's 
professional judgment, including whether any process or permission is required 
before classroom use of the materials or resources.
(e)
If an LEA contracts with another party to provide online or digital materials, the 
LEA shall include in the contract a requirement that the provider give notice to the 
LEA any time that the provider makes a material change to the content of the online 
or digital materials, excluding regular informational updates on current events.
(f)
Nothing in this Subsection (27) requires a local school board to review all learning 
materials used within the LEA.
Section 101, Section 
53G-6-204
 is amended to read:
53G-6-204
. School-age children exempt from school attendance.
(1)
(a)
A local school board or charter school governing board may excuse a school-age 
child from attendance for any of the following reasons:
(i)
a school-age child over 16 years old may receive a partial release from school to 
enter employment, or attend a trade school, if the school-age child has completed 
grade 8; or
(ii)
on an annual basis, a school-age child may receive a full release from attending a 
public, regularly established private, or part-time school or class if:
(A)
the school-age child has already completed the work required for graduation 
from high school;
(B)
the school-age child is in a physical or mental condition, certified by a 
competent physician or physician assistant if required by the local school board 
or charter school governing board, which renders attendance inexpedient and 
impracticable;
(C)
proper influences and adequate opportunities for education are provided in 
connection with the school-age child's employment; or
(D)
the district superintendent or charter school governing board has determined 
that a school-age child over 16 years old is unable to profit from attendance at 
school because of inability or a continuing negative attitude toward school 
regulations and discipline.
(b)
A school-age child receiving a partial release from school under Subsection (1)(a)(i) 
is required to attend:
(i)
school part time as prescribed by the local school board or charter school 
governing board; or
(ii)
a home school part time.
(c)
In each case, evidence of reasons for granting an exemption under Subsection (1) 
must be sufficient to satisfy the local school board or charter school governing board.
(d)
A local school board or charter school governing board that excuses a school-age 
child from attendance as provided by this Subsection (1) shall issue a certificate that 
the child is excused from attendance during the time specified on the certificate.
(2)
(a)
(i)
As used in this Subsection (2)(a), "child abuse" means a criminal felony or 
attempted felony offense of which an individual is convicted, or to which an 
individual pleads guilty or no contest, for conduct that constitutes any of the 
following:
(A)
child abuse under Section 
76-5-109
;
(B)
aggravated child abuse under Section 
76-5-109.2
;
(C)
child abandonment under Section 
76-5-109.3
;
(D)
commission of domestic violence in the presence of a child under Section 
76-5-114
;
(E)
child abuse homicide under Section 
76-5-208
;
(F)
child kidnapping under Section 
76-5-301.1
;
(G)
human trafficking of a child under Section 
76-5-308.5
;
(H)
an offense described in
:
(I)
Title 76, Chapter 5, Part 4, Sexual Offenses,
 other than Section 
76-5-417
, 
76-5-418
, 
76-5-419
, or 
76-5-420
;
 or 
(II)
in Title 76, Chapter 5b, Part 2, Sexual Exploitation, if the victim is under 
18 years old;
(I)
sexual exploitation of a minor under Section 
76-5b-201
;
(J)
aggravated sexual exploitation of a minor under Section 
76-5b-201.1
; or
(K)
an offense in another state that, if committed in this state, would constitute an 
offense described in this Subsection (2)(a)(i).
(ii)
Except as provided in Subsection (2)(a)(iii), a local school board shall excuse a 
school-age child from attendance, if the school-age child's parent or legal guardian 
files a signed affidavit with the school-age child's school district of residence, as 
defined in Section 
53G-6-302
, that:
(A)
the school-age child will attend a home school; and
(B)
the parent or legal guardian assumes sole responsibility for the education of 
the school-age child, except to the extent the school-age child is dual enrolled 
in a public school as provided in Section 
53G-6-702
.
(iii)
If a parent or legal guardian has been convicted of child abuse or if a court of 
competent jurisdiction has made a substantiated finding of child abuse against the 
parent or legal guardian:
(A)
the parent or legal guardian may not assume responsibility for the education 
of a school-age child under Subsection (2)(a)(ii); and
(B)
the local school board may not accept the affidavit described in Subsection 
(2)(a)(ii) from the parent or legal guardian or otherwise exempt the school-age 
child from attendance under Subsection (2)(a)(ii) in relation to the parent's or 
legal guardian's intent to home school the child.
(iv)
Nothing in this Subsection (2)(a) affects the ability of another of a child's parents 
or legal guardians who is not prohibited under Subsection (2)(a)(iii) to file the 
affidavit described in Subsection (2)(a)(ii).
(b)
A signed affidavit filed in accordance with Subsection (2)(a) shall remain in effect as 
long as:
(i)
the school-age child attends a home school;
(ii)
the school district where the affidavit was filed remains the school-age child's 
district of residence; and
(iii)
the parent or legal guardian who filed the signed affidavit has not been convicted 
of child abuse or been the subject of a substantiated finding of child abuse by a 
court of competent jurisdiction.
(c)
A parent or legal guardian of a school-age child who attends a home school is solely 
responsible for:
(i)
the selection of instructional materials and textbooks;
(ii)
the time, place, and method of instruction; and
(iii)
the evaluation of the home school instruction.
(d)
A local school board may not:
(i)
require a parent or legal guardian of a school-age child who attends a home school 
to maintain records of instruction or attendance;
(ii)
require credentials for individuals providing home school instruction;
(iii)
inspect home school facilities; or
(iv)
require standardized or other testing of home school students.
(e)
Upon the request of a parent or legal guardian, a local school board shall identify the 
knowledge, skills, and competencies a student is recommended to attain by grade 
level and subject area to assist the parent or legal guardian in achieving college and 
career readiness through home schooling.
(f)
A local school board that excuses a school-age child from attendance under this 
Subsection (2) shall annually issue a certificate stating that the school-age child is 
excused from attendance for the specified school year.
(g)
A local school board shall issue a certificate excusing a school-age child from 
attendance:
(i)
within 30 days after receipt of a signed affidavit filed by the school-age child's 
parent or legal guardian under this Subsection (2); and
(ii)
on or before August 1 each year thereafter unless:
(A)
the school-age child enrolls in a school within the school district;
(B)
the school-age child's parent or legal guardian notifies the school district that 
the school-age child no longer attends a home school; or
(C)
the school-age child's parent or legal guardian notifies the school district that 
the school-age child's school district of residence has changed.
(3)
A parent or legal guardian who is eligible to file and files a signed affidavit under 
Subsection (2)(a) is exempt from the application of Subsections 
53G-6-202
(2), (5), and 
(6).
(4)
(a)
Nothing in this section may be construed to prohibit or discourage voluntary 
cooperation, resource sharing, or testing opportunities between a school or school 
district and a parent or legal guardian of a child attending a home school.
(b)
The exemptions in this section apply regardless of whether:
(i)
a parent or legal guardian provides education instruction to the parent's or legal 
guardian's child alone or in cooperation with other parents or legal guardians 
similarly exempted under this section; or
(ii)
the parent or legal guardian makes payment for educational services the parent's 
or legal guardian's child receives.
Section 102, Section 
53G-8-201
 is amended to read:
53G-8-201
. Definitions.
As used in this part:
(1)
(a)
"Sexual crime" or "sexual misconduct" means any conduct described in:
(a)
(i)
Title 76, Chapter 5, Part 4, Sexual Offenses;
(b)
(ii)
Title 76, Chapter 5b, Sexual Exploitation Act;
 or
(c)
(iii)
Section 
76-7-102
, incest
;
.
(d)
Section 
76-9-702
, lewdness; and
(e)
Section 
76-9-702.1
, sexual battery.
(b)
"Sexual crime" or "sexual misconduct" does not include conduct described in:
(i)
Section 
76-5-417
, enticing a minor;
(ii)
Section 
76-5-420
, lewdness involving a child; or
(iii)
Section 
76-5b-206
, failure to report child sexual abuse material by a computer 
technician.
(2)
 "Serious offense" means the same as that term is defined in Section 
80-6-103
.
Section 103, Section 
53G-8-205
 is amended to read:
53G-8-205
. Grounds for suspension or expulsion from a public school.
(1)
A student may be suspended or expelled from a public school for the following reasons:
(a)
frequent or flagrant willful disobedience, defiance of proper authority, or disruptive 
behavior, including the use of foul, profane, vulgar, or abusive language;
(b)
willful destruction or defacing of school property;
(c)
behavior or threatened behavior which poses an immediate and significant threat to 
the welfare, safety, or morals of other students or school personnel or to the operation 
of the school;
(d)
possession, control, or use of an alcoholic beverage as defined in Section 
32B-1-102
;
(e)
behavior proscribed under Subsection (2) which threatens harm or does harm to the 
school or school property, to a person associated with the school, or property 
associated with that person, regardless of where it occurs; or
(f)
possession or use of pornographic material on school property.
(2)
(a)
A student shall be suspended or expelled from a public school for the following 
reasons:
(i)
a serious violation affecting another student or a staff member, or a serious 
violation occurring in a school building, in or on school property, or in 
conjunction with a school activity, including:
(A)
the possession, control, or actual or threatened use of a real weapon, 
explosive, or noxious or flammable material;
(B)
the actual use of violence or sexual misconduct;
(C)
the actual or threatened use of a look alike weapon with intent to intimidate 
another person or to disrupt normal school activities; or
(D)
the sale, control, or distribution of a drug or controlled substance as defined in 
Section 
58-37-2
, an imitation controlled substance defined in Section 
58-37b-2
, 
or drug paraphernalia as defined in Section 
58-37a-3
;
(ii)
the commission of an act involving the use of force or the threatened use of force 
which if committed by an adult would be a felony or class A misdemeanor; or
(iii)
making a false report of an emergency at a school under Subsection 
76-9-202(2)(d)
76-9-105.5(2)(b)
.
(b)
A student who commits a violation of Subsection (2)(a) involving a real or look alike 
weapon, explosive, or flammable material shall be expelled from school for a period 
of not less than one year subject to the following:
(i)
within 45 days after the expulsion the student shall appear before the student's 
superintendent, the superintendent's designee, chief administrative officer of a 
charter school, or the chief administrative officer's designee, accompanied by a 
parent; and
(ii)
the superintendent, chief administrator, or designee shall determine:
(A)
what conditions must be met by the student and the student's parent for the 
student to return to school, including any provided for in the policies described 
in Section 
53G-8-203
;
(B)
if the student should be placed on probation in a regular or alternative school 
setting consistent with Section 
53G-8-208
, and what conditions must be met by 
the student in order to ensure the safety of students and faculty at the school the 
student is placed in; and
(C)
if it would be in the best interest of both the LEA, and the student, to modify 
the expulsion term to less than a year, conditioned on approval by the local 
governing board and giving highest priority to providing a safe school 
environment for all students.
(3)
A student may be denied admission to a public school on the basis of having been 
expelled from that or any other school during the preceding 12 months.
(4)
A suspension or expulsion under this section is not subject to the age limitations under 
Subsection 
53G-6-204
(1).
(5)
A local governing board shall prepare an annual report for the state board on:
(a)
each violation committed under this section; and
(b)
each action taken by the LEA against a student who committed the violation.
Section 104, Section 
53G-8-209
 is amended to read:
53G-8-209
. Extracurricular activities -- Prohibited conduct -- Reporting of 
violations -- Limitation of liability.
(1)
The Legislature recognizes that:
(a)
participation in student government and extracurricular activities may confer 
important educational and lifetime benefits upon students, and encourages school 
districts and charter schools to provide a variety of opportunities for all students to 
participate in such activities in meaningful ways;
(b)
there is no constitutional right to participate in these types of activities, and does not 
through this section or any other provision of law create such a right;
(c)
students who participate in student government and extracurricular activities, 
particularly competitive athletics, and the adult coaches, advisors, and assistants who 
direct those activities, become role models for others in the school and community;
(d)
these individuals often play major roles in establishing standards of acceptable 
behavior in the school and community, and establishing and maintaining the 
reputation of the school and the level of community confidence and support afforded 
the school; and
(e)
it is of the utmost importance that those involved in student government, whether as 
officers or advisors, and those involved in competitive athletics and related activities, 
whether students or staff, comply with all applicable laws and standards of behavior 
and conduct themselves at all times in a manner befitting their positions and 
responsibilities.
(2)
(a)
The state board may, and local school boards and charter school governing boards 
shall, adopt rules or policies implementing this section that apply to both students and 
staff.
(b)
The rules or policies described in Subsection 
(2)(a)
 shall include prohibitions against 
the following types of conduct in accordance with Section 
53G-8-211
, while in the 
classroom, on school property, during school sponsored activities, or regardless of 
the location or circumstance, affecting a person or property described in Subsections 
53G-8-203(1)(e)(i)
 through 
(iv)
:
(i)
the use of foul, abusive, or profane language while engaged in school related 
activities;
(ii)
the illicit use, possession, or distribution of:
(A)
a controlled substance or drug paraphernalia;
(B)
a tobacco product, an electronic cigarette product, or a nicotine product as 
those terms are defined in Section 
76-10-101
76-9-1101
; or
(C)
an alcoholic beverage; and
(iii)
hazing, demeaning, or assaultive behavior, whether consensual or not, including 
behavior involving physical violence, restraint, improper touching, or 
inappropriate exposure of body parts not normally exposed in public settings, 
forced ingestion of any substance, or any act which would constitute a crime 
against a person or public order under state law.
(3)
(a)
School employees who reasonably believe that a violation of this section may 
have occurred shall immediately report that belief to the school principal, district 
superintendent, or chief administrative officer of a charter school.
(b)
Principals who receive a report under Subsection 
(3)(a)
 shall submit a report of the 
alleged incident, and actions taken in response, to the district superintendent or the 
superintendent's designee within 10 working days after receipt of the report.
(c)
Failure of a person holding a professional certificate to report as required under this 
Subsection 
(3)
 constitutes an unprofessional practice.
(4)
Limitations of liability set forth under Section 
53G-8-405
 apply to this section.
Section 105, Section 
53G-8-211
 is amended to read:
53G-8-211
. Responses to school-based behavior.
(1)
As used in this section:
(a)
"Evidence-based" means a program or practice that:
(i)
has had multiple randomized control studies or a meta-analysis demonstrating that 
the program or practice is effective for a specific population;
(ii)
has been rated as effective by a standardized program evaluation tool; or
(iii)
is created and developed by a school or school district and has been approved by 
the state board.
(b)
"Habitual truant" means a school-age child who:
(i)
is in grade 7 or above, unless the school-age child is under 12 years old;
(ii)
is subject to the requirements of Section 
53G-6-202
; and
(iii)
(A)
is truant at least 20 days during one school year; or
(B)
fails to cooperate with efforts on the part of school authorities to resolve the 
school-age child's attendance problem as required under Section 
53G-6-206
.
(c)
"Minor" means the same as that term is defined in Section 
80-1-102
.
(i)
"Mobile crisis outreach team" means the same as that term is defined in Section 
26B-5-101
.
(d)
"Prosecuting attorney" means the same as that term is defined in Subsections 
80-1-102
(65)(b) and (c).
(e)
"Restorative justice program" means a school-based program or a program used or 
adopted by a local education agency that is designed:
(i)
to enhance school safety, reduce school suspensions, and limit referrals to law 
enforcement agencies and courts; and
(ii)
to help minors take responsibility for and repair harmful behavior that occurs in 
school.
(f)
"School administrator" means a principal of a school.
(g)
"School is in session" means a day during which the school conducts instruction for 
which student attendance is counted toward calculating average daily membership.
(h)
"School resource officer" means a law enforcement officer, as defined in Section 
53-13-103
, who contracts with, is employed by, or whose law enforcement agency 
contracts with a local education agency to provide law enforcement services for the 
local education agency.
(i)
"School-age child" means the same as that term is defined in Section 
53G-6-201
.
(j)
(i)
"School-sponsored activity" means an activity, fundraising event, club, camp, 
clinic, or other event or activity that is authorized by a specific local education 
agency or public school, according to LEA governing board policy, and satisfies 
at least one of the following conditions:
(A)
the activity is managed or supervised by a local education agency or public 
school, or local education agency or public school employee;
(B)
the activity uses the local education agency's or public school's facilities, 
equipment, or other school resources; or
(C)
the activity is supported or subsidized, more than inconsequentially, by public 
funds, including the public school's activity funds or Minimum School 
Program dollars.
(ii)
"School-sponsored activity" includes preparation for and involvement in a public 
performance, contest, athletic competition, demonstration, display, or club activity.
(k)
(i)
"Status offense" means an offense that would not be an offense but for the age 
of the offender.
(ii)
"Status offense" does not mean an offense that by statute is a misdemeanor or 
felony.
(2)
This section applies to:
(a)
a minor who is alleged to be a habitual truant; and
(b)
a minor enrolled in school who is alleged to have committed an offense on school 
property where the student is enrolled:
(i)
when school is in session; or
(ii)
during a school-sponsored activity.
(3)
If a minor is alleged to have committed an offense on school property that is a class C 
misdemeanor, an infraction, or a status offense, or a minor is alleged to be a habitual 
truant, the school administrator, the school administrator's designee, or a school resource 
officer shall refer the minor:
(a)
to an evidence-based alternative intervention, including:
(i)
a mobile crisis outreach team;
(ii)
a youth services center, as defined in Section 
80-5-102
;
(iii)
a certified youth court, as defined in Section 
80-6-901
, or comparable restorative 
justice program;
(iv)
an evidence-based alternative intervention created and developed by the school 
or school district;
(v)
an evidence-based alternative intervention that is jointly created and developed by 
a local education agency, the state board, the juvenile court, local counties and 
municipalities, the Department of Health and Human Services; 
(vi)
a tobacco cessation or education program if the offense is a violation of Section 
76-10-105
76-9-1106
; or
(vii)
truancy mediation; or
(b)
for prevention and early intervention youth services, as described in Section 
80-5-201
, 
by the Division of Juvenile Justice and Youth Services if the minor refuses to 
participate in an evidence-based alternative intervention described in Subsection 
(3)(a).
(4)
Except as provided in Subsection (6), if a minor is alleged to have committed an offense 
on school property that is a class C misdemeanor, an infraction, or a status offense, a 
school administrator, the school administrator's designee, or a school resource officer 
may refer a minor to a law enforcement officer or agency or a court only if:
(a)
the minor allegedly committed an offense on school property on a previous occasion; 
and
(b)
the minor was referred to an evidence-based alternative intervention, or to prevention 
or early intervention youth services, as described in Subsection (3) for the previous 
offense.
(5)
If a minor is alleged to be a habitual truant, a school administrator, the school 
administrator's designee, or a school resource officer may only refer the minor to a law 
enforcement officer or agency or a court if:
(a)
the minor was previously alleged of being a habitual truant at least twice during the 
same school year; and
(b)
the minor was referred to an evidence-based alternative intervention, or for 
prevention and early intervention youth services, as described in Subsection (3) for at 
least two of the previous habitual truancies.
(6)
If a minor is alleged to have committed a traffic offense that is an infraction, a school 
administrator, the school administrator's designee, or a school resource officer may refer 
the minor to a law enforcement officer or agency, a prosecuting attorney, or a court for 
the traffic offense.
(7)
Notwithstanding Subsections (4) and (5), a school resource officer may:
(a)
investigate possible criminal offenses and conduct, including conducting probable 
cause searches;
(b)
consult with school administration about the conduct of a minor enrolled in a school;
(c)
transport a minor enrolled in a school to a location if the location is permitted by law;
(d)
take temporary custody of a minor in accordance with Section 
80-6-201
; or
(e)
protect the safety of students and the school community, including the use of 
reasonable and necessary physical force when appropriate based on the totality of the 
circumstances.
(8)
(a)
If a minor is referred to a court or a law enforcement officer or agency under 
Subsection (4) or (5), the school or the school district shall appoint a school 
representative to continue to engage with the minor and the minor's family through 
the court process.
(b)
A school representative appointed under Subsection (8)(a) may not be a school 
resource officer.
(c)
A school district or school shall include the following in the school district's or 
school's referral to the court or the law enforcement officer or agency:
(i)
attendance records for the minor;
(ii)
a report of evidence-based alternative interventions used by the school before the 
referral, including outcomes;
(iii)
the name and contact information of the school representative assigned to 
actively participate in the court process with the minor and the minor's family;
(iv)
if the minor was referred to prevention or early intervention youth services under 
Subsection (3)(b), a report from the Division of Juvenile Justice and Youth 
Services that demonstrates the minor's failure to complete or participate in 
prevention and early intervention youth services under Subsection (3)(b); and
(v)
any other information that the school district or school considers relevant.
(d)
A minor referred to a court under Subsection (4) or (5) may not be ordered to or 
placed in secure detention, including for a contempt charge or violation of a valid 
court order under Section 
78A-6-353
:
(i)
when the underlying offense is a status offense or infraction; or
(ii)
for being a habitual truant.
(e)
If a minor is referred to a court under Subsection (4) or (5), the court may use, when 
available, the resources of the Division of Juvenile Justice and Youth Services or the 
Office of Substance Use and Mental Health to address the minor.
(9)
If a minor is alleged to have committed an offense on school property that is a class B 
misdemeanor or a class A misdemeanor, the school administrator, the school 
administrator's designee, or a school resource officer may refer the minor directly to a 
court or to the evidence-based alternative interventions in Subsection (3)(a).
(10)
A school administrator, a school administrator's designee, and a school resource officer 
retain the discretion described under this section in relation to Title 63G, Chapter 31, 
Distinctions on the Basis of Sex.
Section 106, Section 
53G-8-701.8
 is amended to read:
53G-8-701.8
. School safety and security director.
(1)
Except as provided in Subsection 
53G-8-701.5
(3), an LEA shall designate a school 
safety and security director as the LEA point of contact for the county security chief, 
local law enforcement, and the state security chief.
(2)
A school safety and security director shall:
(a)
participate in and satisfy the training requirements, including the annual and biannual 
requirements, described in:
(i)
Section 
53-22-105
 for school guardians;
(ii)
Section 
53G-8-702
 for school resource officers; and
(iii)
Section 
53G-8-704
 for armed school security guards;
(b)
have a valid concealed carry permit issued under 
Title 53, Chapter 5, Part 7
, 
Concealed Firearm Act;
(c)
if the designee is an employee of an LEA, participate on the multidisciplinary team 
the LEA establishes;
(d)
coordinate security responses among, if applicable, the following individuals in the 
LEA that employs the school safety and security director:
(i)
school safety and security specialists;
(ii)
school resource officers;
(iii)
armed school security guards; and
(iv)
school guardians; and
(e)
collaborate and maintain effective communications with local law enforcement, a 
county security chief, the LEA, and school-based behavioral and mental health 
professionals to ensure adherence with all policies, procedures, protocols, rules, and 
regulations relating to school safety and security.
(3)
A school safety and security director:
(a)
does not have authority to act in a law enforcement capacity; and
(b)
may, at the LEA that employs the director:
(i)
take actions necessary to prevent or abate an active threat;
(ii)
temporarily detain an individual when the school safety and security director has 
reasonable cause to believe the individual has committed or is about to commit a 
forcible felony, as that term is defined in Section 
76-2-402
;
(4)
Notwithstanding Subsection 
76-10-505.5
(4)
76-11-204(4)
, if a school safety and 
security director is carrying a firearm, the school safety and security director shall carry 
the school safety and security director's firearm in a concealed manner and may not, 
unless during an active threat, display or open carry a firearm while on school grounds.
(5)
A school may use the services of the school safety and security director on a temporary 
basis to satisfy the school safety personnel requirement of Subsection 
53G-8-701.5
(2).
(6)
The state security chief shall:
(a)
for each school safety and security director, track each school safety and security 
director by collecting the photograph and the name and contact information for each 
school safety and security director; and
(b)
make the information described in Subsection (6)(a) readily available to each law 
enforcement agency in the state categorized by LEA.
Section 107, Section 
53G-10-103
 is amended to read:
53G-10-103
. Sensitive instructional materials.
(1)
As used in this section:
(a)
(i)
"Instructional material" means a material, regardless of format, used:
(A)
as or in place of textbooks to deliver curriculum within the state curriculum 
framework for courses of study by students; or
(B)
to support a student's learning in any school setting.
(ii)
"Instructional material" includes reading materials, handouts, videos, digital 
materials, websites, online applications, and live presentations.
(iii)
"Instructional material" does not mean exclusively library materials.
(b)
"LEA governing board" means:
(i)
for a school district, the local school board;
(ii)
for a charter school, the charter school governing board; or
(iii)
for the Utah Schools for the Deaf and the Blind, the state board.
(c)
"Material" means the same as that term is defined in Section 
76-10-1201
76-5c-101
.
(d)
"Minor" means any person less than 18 years old.
(e)
"Objective sensitive material" means an instructional material that constitutes 
pornographic or indecent material, as that term is defined in Section 
76-10-1235
76-5c-208
, under the non-discretionary standards described in 
Subsection 
76-10-1227
(1)(a)(i), (ii), or (iii)
Subsections 
76-5c-207(1)(a)(i)
(A), (B), or (C)
.
(f)
"Public school" means:
(i)
a district school;
(ii)
a charter school; or
(iii)
the Utah Schools for the Deaf and the Blind.
(g)
(i)
"School setting" means, for a public school:
(A)
in a classroom;
(B)
in a school library; or
(C)
on school property.
(ii)
"School setting" includes the following activities that an organization or 
individual or organization outside of a public school conducts, if a public school 
or an LEA sponsors or requires the activity:
(A)
an assembly;
(B)
a guest lecture;
(C)
a live presentation; or
(D)
an event.
(h)
(i)
"Sensitive material" means an instructional material that constitutes objective 
sensitive material or subjective sensitive material.
(ii)
"Sensitive material" does not include an instructional material:
(A)
that an LEA selects under Section 
53G-10-402
;
(B)
for a concurrent enrollment course that contains sensitive material and for 
which a parent receives notice from the course provider of the material before 
enrollment of the parent's child and gives the parent's consent by enrolling the 
parent's child;
(C)
for medical courses;
(D)
for family and consumer science courses; or
(E)
for another course the state board exempts in state board rule.
(iii)
"Subjective sensitive material" means an instructional material that constitutes 
pornographic or indecent material, as that term is defined in Section 
76-10-1235
76-5c-208
, under the following factor-balancing standards:
(A)
material that is harmful to minors under Section 
76-10-1201
76-5c-101
;
(B)
material that is pornographic under Section 
76-10-1203
76-5c-101
; or
(C)
material that includes certain fondling or other erotic touching under 
Subsection 
76-10-1227
(1)(a)(iv)
76-5c-207(1)(a)(i)(D)
.
(2)
(a)
Sensitive materials are prohibited in the school setting.
(b)
A public school or an LEA may not:
(i)
adopt, use, distribute, provide a student access to, or maintain in the school setting, 
sensitive materials; or
(ii)
permit a speaker or presenter in the school setting to display or distribute 
sensitive materials.
(c)
In evaluating, selecting, or otherwise considering action related to a given 
instructional material under this section, each public school and each LEA shall 
prioritize protecting children from the harmful effects of illicit pornography over 
other considerations in evaluating instructional material.
(d)
If an instructional material constitutes objective sensitive material:
(i)
a public school or an LEA is not required to engage in a review under a subjective 
sensitive material standard; and
(ii)
the outcome of a subjective sensitive material evaluation has no bearing on the 
non-discretionary objective sensitive material conclusion.
(3)
(a)
Except as provided in Subsection (3)(b), the following individuals may initiate a 
sensitive material review under this section:
(i)
an employee of the relevant LEA;
(ii)
a student who is enrolled in the relevant LEA;
(iii)
a parent of a child who is enrolled in the relevant LEA; or
(iv)
a member of the relevant LEA governing board.
(b)
(i)
As used in this Subsection (3)(b), "unsuccessful challenge" means an allegation 
that a given instructional material constitutes sensitive material that the LEA 
concludes to be erroneous, either on direct review or on appeal to the LEA 
governing board, resulting in the retention of the given instructional material.
(ii)
Notwithstanding Subsection (3)(a), after an individual makes three unsuccessful 
challenges during a given academic year, the individual may not trigger a 
sensitive material review under this section during the remainder of the given 
academic year.
(4)
Upon receipt of an allegation from an individual described in Subsection (3)(a), an LEA 
shall:
(a)
(i)
make an initial determination as to whether the allegation presents a plausible 
claim that the challenged instructional material constitutes sensitive material, 
including whether the allegation includes excerpts and other evidence to support 
the allegation; and
(ii)
if the LEA determines that the allegation presents a plausible claim that the 
challenged instructional material constitutes sensitive material under Subsection 
(4)(a)(i), immediately remove the challenged material from any school setting that 
provides student access to the challenged material until the LEA completes the 
LEA's full review of the challenged material under this section;
(b)
(i)
engage in a review of the allegations and the challenged instructional material 
using the objective sensitive material standards; and
(ii)
if the LEA makes a determination that the challenged instructional material 
constitutes objective sensitive material, ensure that the material remains 
inaccessible to students in any school setting;
(c)
only if the LEA makes a determination that the challenged instructional material 
does not constitute objective sensitive material:
(i)
review the allegations and the challenged instructional material under the 
subjective material standards, ensuring that the review includes parents who are 
reflective of the members of the school's community when determining if an 
instructional material is subjective sensitive material;
(ii)
allow student access to the challenged instructional material during the LEA's 
subjective sensitive material review if the student's parent gives consent regarding 
the specific challenged instructional material; and
(iii)
if the LEA makes a determination that the challenged instructional material 
constitutes subjective sensitive material, ensure that the material is inaccessible to 
students in any school setting, including the termination of the parent consent 
option described in Subsection (4)(c)(ii); and
(d)
communicate to the state board the allegation and the LEA's final determination 
regarding the allegation and the challenged instructional material.
(5)
(a)
An individual described in Subsection (3)(a) may appeal an LEA's decision 
regarding a sensitive material review, regardless of whether the LEA removed or 
retained the challenged instructional material, to the LEA governing board.
(b)
An LEA governing board shall vote in a public board meeting to decide the outcome 
of a sensitive material review appeal, clearly identifying:
(i)
the board's rationale for the decision; and
(ii)
the board's determination on each component of the statutory and any additional 
policy standards the board uses to reach the board's conclusions.
(6)
An LEA governing board may not enact rules or policies that prevent the LEA 
governing board from:
(a)
revisiting a previous decision;
(b)
reviewing a recommendation of LEA personnel or a parent-related committee 
regarding a challenged instructional material; or
(c)
reconsidering a challenged instructional material if the LEA governing board 
receives additional information regarding the material.
(7)
(a)
Except as provided in Subsection (7)(d), if the threshold described in Subsection 
(7)(b) is met, each LEA statewide shall remove the relevant instructional material 
from student access.
(b)
The requirement described in Subsection (7)(a) to remove a given material from 
student access applies if the following number of LEAs makes a determination that a 
given instructional material constitutes objective sensitive material:
(i)
at least three school districts; or
(ii)
at least two school districts and five charter schools.
(c)
The state board shall:
(i)
aggregate allegations and LEA determinations described in Subsection (4)(d); and
(ii)
no later than 10 school days after the day on which the condition described in 
Subsection (7)(b) occurs, communicate to all LEAs the application of the 
requirement described in Subsection (7)(a) to remove the material from student 
access.
(d)
(i)
When the threshold described in Subsection (7)(b) is met for a given 
instructional material, in addition to making the communication described in 
Subsection (7)(c), the state board may:
(A)
place the material on the agenda of a public board meeting within 60 days 
after the day on which the state board makes the communication to LEAs 
under Subsection (7)(c); and
(B)
at the specified state board meeting, vote to overturn the application of the 
requirement described in Subsection (7)(a) to remove a given material from 
student access statewide.
(ii)
If the state board votes to overturn the application of the statewide removal 
requirement described in Subsection (7)(a) under Subsection (7)(d)(i):
(A)
the statewide removal requirement described in Subsection (7)(a) no longer 
applies;
(B)
an LEA may choose to return the given material to student access; and
(C)
nothing affects the findings of an LEA governing board regarding removal of 
the given material within the board's LEA.
(e)
This Subsection (7) applies to sensitive materials that LEAs remove from student 
access, regardless of whether:
(i)
the sensitive material determinations occur in the same academic year; or
(ii)
a sensitive material determination occurred before July 1, 2024.
(8)
The state board shall:
(a)
in consultation with the Office of the Attorney General, provide guidance and 
training to support public schools in identifying instructional materials that meet the 
definition of sensitive materials under this section;
(b)
establish a process through which an individual described in Subsection (3)(a) may 
report to the state board an allegation that an LEA is out of compliance with this 
section; and
(c)
annually report to the Education Interim Committee, at or before the November 
interim meeting, on implementation and compliance with this section, including:
(i)
any policy the state board or an LEA adopts to implement or comply with this 
section;
(ii)
any rule the state board makes to implement or comply with this section; and
(iii)
any complaints an LEA or the state board receives regarding a violation of this 
section, including:
(A)
action taken in response to a complaint described in this Subsection (8)(c)(iii);
(B)
if an LEA retains an instructional material for which the LEA or the state 
board receives a complaint, the LEA's rationale for retaining the instructional 
material; and
(C)
compliance failures that the state board identifies through the reporting 
process described in Subsection (8)(b) and other investigations or research.
(9)
The state shall defend, indemnify, and hold harmless a person acting under color of state 
law to enforce this section for any claims or damages, including court costs and attorney 
fees, that:
(a)
a person brings or incurs as a result of this section; and
(b)
is not covered by the person's insurance policies or any coverage agreement that the 
State Risk Management Fund issues.
(10)
Subject to prioritization of the Audit Subcommittee created in Section 
36-12-8
, the 
Office of the Legislative Auditor General shall:
(a)
conduct an audit of each school district's compliance with this section, ensuring the 
completion of all school district audits before November 2028; and
(b)
annually report to the Education Interim Committee regarding completed sensitive 
material audits under this Subsection (10).
Section 108, Section 
57-22-5.1
 is amended to read:
57-22-5.1
. Crime victim's right to new locks -- Domestic violence victim's right 
to terminate rental agreement -- Limits an owner relating to assistance from public 
safety agency.
(1)
As used in this section:
(a)
(i)
"Court order" means, except as provided in Subsection 
(1)(a)(ii)
:
(A)
a civil protective order, as defined in Section 
78B-7-102
;
(B)
a civil stalking injunction, as defined in Section 
78B-7-102
;
(C)
a criminal protective order, as defined in Section 
78B-7-102
; or
(D)
a criminal stalking injunction, as defined in Section 
78B-7-102
.
(ii)
"Court order" does not include:
(A)
an ex parte civil protective order, as defined in Section 
78B-7-102
; or
(B)
an ex parte civil stalking injunction, as defined in Section 
78B-7-102
, for 
which a hearing is requested.
(b)
(i)
"Crime victim" means a victim of:
(i)
(A)
domestic violence, as defined in Section 
77-36-1
;
(ii)
(B)
stalking, as defined in Section 
76-5-106.5
;
(iii)
(C)
a crime
an offense
 under 
Title 76, Chapter 5, Part 4, Sexual Offenses
;
(iv)
(D)
burglary or aggravated burglary under Section 
76-6-202
 or 
76-6-203
; or
(v)
(E)
dating violence, as defined in Section 
78B-7-102
.
(ii)
"Crime victim" does not include a victim of an offense of:
(A)
enticing a minor under Section 
76-5-417
;
(B)
sexual battery under Section 
76-5-418
;
(C)
lewdness under Section 
76-5-419
; or
(D)
lewdness involving a child under Section 
76-5-420
.
(c)
"Domestic violence" means the same as that term is defined in Section 
77-36-1
.
(d)
"Financial obligation" means any rent, fees, damages, or other costs owed by a renter.
(e)
(i)
"Future obligations" means a renter's obligations under the rental agreement 
after the date on which the renter vacates the residential rental unit in accordance 
with Subsection 
(6)
.
(ii)
"Future obligations" includes:
(A)
the payment of rent and fees for the residential rental unit; and
(B)
the right to occupy the residential rental unit.
(f)
"Public safety agency" means a governmental entity that provides fire protection, law 
enforcement, ambulance, medical, or similar service.
(g)
"Victim of domestic violence" means the same as the term "victim" in Section 
77-36-1
.
(h)
"Termination fee" means the equivalent of one month of rent under the rental 
agreement.
(2)
An acceptable form of documentation of an act listed in Subsection 
(1)
 is:
(a)
a protective order protecting the renter issued pursuant to 
Title 78B, Chapter 7, Part 
6, Cohabitant Abuse Protective Orders
, subsequent to a hearing of which the 
petitioner and respondent have been given notice under 
Title 78B, Chapter 7, Part 6, 
Cohabitant Abuse Protective Orders
; or
(b)
a copy of a police report documenting an act listed in Subsection 
(1)
.
(3)
(a)
A renter who is a crime victim may require the renter's owner to install a new lock 
to the renter's residential rental unit if the renter:
(i)
provides the owner with an acceptable form of documentation of an act listed in 
Subsection 
(1)
; and
(ii)
pays for the cost of installing the new lock.
(b)
An owner may comply with Subsection 
(3)(a)
 by:
(i)
rekeying the lock if the lock is in good working condition; or
(ii)
changing the entire locking mechanism with a locking mechanism of equal or 
greater quality than the lock being replaced.
(c)
An owner who installs a new lock under Subsection 
(3)(a)
 may retain a copy of the 
key that opens the new lock.
(d)
Notwithstanding any rental agreement, an owner who installs a new lock under 
Subsection 
(3)(a)
 shall refuse to provide a copy of the key that opens the new lock to 
the perpetrator of the act listed in Subsection 
(1)
.
(e)
Notwithstanding Section 
78B-6-814
, if an owner refuses to provide a copy of the key 
under Subsection 
(3)(d)
 to a perpetrator who is not barred from the residential rental 
unit by a protective order but is a renter on the rental agreement, the perpetrator may 
file a petition with a court of competent jurisdiction within 30 days to:
(i)
establish whether the perpetrator should be given a key and allowed access to the 
residential rental unit; or
(ii)
whether the perpetrator should be relieved of further liability under the rental 
agreement because of the owner's exclusion of the perpetrator from the residential 
rental unit.
(f)
Notwithstanding Subsection 
(3)(e)(ii)
, a perpetrator may not be relieved of further 
liability under the rental agreement if the perpetrator is found by the court to have 
committed the act upon which the landlord's exclusion of the perpetrator is based.
(4)
A renter who is a victim of domestic violence may terminate all of the renter's future 
obligations under a rental agreement if the renter:
(a)
except as provided in Subsection 
(5)
, is in compliance with all obligations under the 
rental agreement, including the requirements of Section 
57-22-5
;
(b)
provides the owner with:
(i)
a court order protecting the renter from a domestic violence perpetrator; or
(ii)
a copy of a police report documenting that the renter is a victim of domestic 
violence and is not the predominant aggressor under Subsection 
77-36-2.2(3)
;
(c)
provides the owner with a written notice of termination that includes the date on 
which the renter intends to vacate the renter's residential rental unit; and
(d)
pays the owner a termination fee on the later of the day on which:
(i)
the renter provides the owner with a written notice of termination; or
(ii)
the renter vacates the renter's residential rental unit.
(5)
A renter may terminate all of the renter's future obligations under a rental agreement 
under Subsection 
(4)
 when the renter is not in compliance with the requirements of 
Subsection 
57-22-5(1)(g)
 or 
(2)
 if:
(a)
the renter provides evidence to the owner with the written notice of termination 
under Subsection 
(4)(c)
 establishing that:
(i)
the noncompliance with Subsection 
57-22-5(1)(g)
 or 
(2)
 occurred less than 30 
days before the day on which the renter provided the written notice of termination 
to the owner; and
(ii)
the noncompliance with Subsection 
57-22-5(1)(g)
 or 
(2)
 is due to domestic 
violence;
(b)
the renter is in compliance with all obligations of the rental agreement, except for the 
noncompliance described in Subsection 
(5)(a)
; and
(c)
the renter complies with Subsections 
(4)(b)
, 
(c)
, and 
(d)
.
(6)
If a renter provides an owner with a written notice of termination under Subsection 
(4)(c)
, the renter shall:
(a)
vacate the renter's residential rental unit within 15 days after the day on which the 
written notice of termination is provided to the owner; and
(b)
pay rent for any occupation of the residential rental unit during that 15-day time 
period.
(7)
A renter may not terminate all of the renter's future obligations under a rental agreement 
under Subsection 
(4)
 after a notice of eviction is served on the renter.
(8)
A renter who terminates all of the renter's future obligations under a rental agreement 
under Subsection 
(4)
 is liable for any financial obligation owed by the renter:
(a)
before the renter provided the owner with the written notice of termination under 
Subsection 
(4)(c)
;
(b)
for any noncompliance with Subsection 
57-22-5(1)(g)
 or 
(2)
 as described in 
Subsection 
(5)
; and
(c)
for any occupancy of the residential rental unit by the renter during the 15-day time 
period described in Subsection 
(6)
.
(9)
The termination of a renter's future obligations under a rental agreement does not 
terminate the rental agreement for any other person entitled under the rental agreement 
to occupy the residential rental unit.
(10)
An owner may not:
(a)
impose a restriction on a renter's ability to request assistance from a public safety 
agency; or
(b)
penalize or evict a renter because the renter makes reasonable requests for assistance 
from a public safety agency.
Section 109, Section 
58-37-8
 is amended to read:
58-37-8
. Prohibited acts -- Penalties.
(1)
Prohibited acts A -- Penalties and reporting:
(a)
Except as authorized by this chapter, it is unlawful for a person to knowingly and 
intentionally:
(i)
produce, manufacture, or dispense, or to possess with intent to produce, 
manufacture, or dispense, a controlled or counterfeit substance;
(ii)
distribute a controlled or counterfeit substance, or to agree, consent, offer, or 
arrange to distribute a controlled or counterfeit substance;
(iii)
possess a controlled or counterfeit substance with intent to distribute; or
(iv)
engage in a continuing criminal enterprise where:
(A)
the person participates, directs, or engages in conduct that results in a 
violation of this chapter, Chapter 37a, Utah Drug Paraphernalia Act, Chapter 
37b, Imitation Controlled Substances Act, Chapter 37c, Utah Controlled 
Substance Precursor Act, or Chapter 37d, Clandestine Drug Lab Act, that is a 
felony; and
(B)
the violation is a part of a continuing series of two or more violations of this 
chapter, Chapter 37a, Utah Drug Paraphernalia Act, Chapter 37b, Imitation 
Controlled Substances Act, Chapter 37c, Utah Controlled Substance Precursor 
Act, or Chapter 37d, Clandestine Drug Lab Act, on separate occasions that are 
undertaken in concert with five or more persons with respect to whom the 
person occupies a position of organizer, supervisor, or any other position of 
management.
(b)
A person convicted of violating Subsection (1)(a) with respect to:
(i)
a substance or a counterfeit of a substance classified in Schedule I or II, a 
controlled substance analog, or gammahydroxybutyric acid as listed in Schedule 
III is guilty of a second degree felony, punishable by imprisonment for not more 
than 15 years, and upon a second or subsequent conviction is guilty of a first 
degree felony;
(ii)
a substance or a counterfeit of a substance classified in Schedule III or IV, or 
marijuana, or a substance listed in Section 
58-37-4.2
 is guilty of a third degree 
felony, and upon a second or subsequent conviction is guilty of a second degree 
felony; or
(iii)
a substance or a counterfeit of a substance classified in Schedule V is guilty of a 
class A misdemeanor and upon a second or subsequent conviction is guilty of a 
third degree felony.
(c)
(i)
Except as provided in Subsection (1)(c)(ii), a person who has been convicted of 
a violation of Subsection (1)(a)(ii) or (iii) may be sentenced to imprisonment for 
an indeterminate term as described in Subsection (1)(b) and 
Title 76, Chapter 3, 
Punishments
.
(ii)
The court shall impose an indeterminate prison term for a person who has been 
convicted of a violation of Subsection (1)(a)(ii) or (iii) that is a first degree felony 
or a second degree felony if the trier of fact finds beyond a reasonable doubt that, 
during the commission or furtherance of the violation, the person intentionally or 
knowingly:
(A)
used, drew, or exhibited a dangerous weapon, as that term is defined in 
Section 
76-10-501
76-11-101
, that is not a firearm, in an angry, threatening, 
intimidating, or coercive manner;
(B)
used a firearm
, as that term is defined in Section 
76-11-101
,
 or had a firearm 
readily accessible for immediate use, as 
those terms are
that term is
 defined in 
Section 
76-10-501
76-11-201
; or
(C)
distributed a firearm, as that term is defined in Section 
76-10-501
76-11-101
, 
or possessed a firearm with intent to distribute the firearm.
(iii)
Notwithstanding Subsection (1)(c)(ii), a court may suspend the indeterminate 
prison term for a person convicted under Subsection (1)(c)(ii) if the court:
(A)
details on the record the reasons why it is in the interests of justice not to 
impose the indeterminate prison term;
(B)
makes a finding on the record that the person does not pose a significant 
safety risk to the public; and
(C)
orders the person to complete the terms and conditions of supervised 
probation provided by the Department of Corrections.
(d)
(i)
A person convicted of violating Subsection (1)(a)(iv) is guilty of a first degree 
felony punishable by imprisonment for an indeterminate term of not less than:
(A)
seven years and which may be for life; or
(B)
15 years and which may be for life if the trier of fact determined that the 
defendant knew or reasonably should have known that any subordinate under 
Subsection (1)(a)(iv)(B) was under 18 years old.
(ii)
Imposition or execution of the sentence may not be suspended, and the person is 
not eligible for probation.
(iii)
Subsection (1)(d)(i)(B) does not apply to any defendant who, at the time of the 
offense, was under 18 years old.
(e)
The Administrative Office of the Courts shall report to the Division of Professional 
Licensing the name, case number, date of conviction, and if known, the date of birth 
of each person convicted of violating Subsection (1)(a).
(2)
Prohibited acts B -- Penalties and reporting:
(a)
It is unlawful:
(i)
for a person knowingly and intentionally to possess or use a controlled substance 
analog or a controlled substance, unless it was obtained under a valid prescription 
or order, directly from a practitioner while acting in the course of the person's 
professional practice, or as otherwise authorized by this chapter;
(ii)
for an owner, tenant, licensee, or person in control of a building, room, tenement, 
vehicle, boat, aircraft, or other place knowingly and intentionally to permit them 
to be occupied by persons unlawfully possessing, using, or distributing controlled 
substances in any of those locations; or
(iii)
for a person knowingly and intentionally to possess an altered or forged 
prescription or written order for a controlled substance.
(b)
A person convicted of violating Subsection (2)(a)(i) with respect to:
(i)
marijuana, if the amount is 100 pounds or more, is guilty of a second degree 
felony; or
(ii)
a substance classified in Schedule I or II, or a controlled substance analog, is 
guilty of a class A misdemeanor on a first or second conviction, and on a third or 
subsequent conviction if each prior offense was committed within seven years 
before the date of the offense upon which the current conviction is based is guilty 
of a third degree felony.
(c)
Upon a person's conviction of a violation of this Subsection (2) subsequent to a 
conviction under Subsection (1)(a), that person shall be sentenced to a one degree 
greater penalty than provided in this Subsection (2).
(d)
A person who violates Subsection (2)(a)(i) with respect to all other controlled 
substances not included in Subsection (2)(b)(i) or (ii), including a substance listed in 
Section 
58-37-4.2
, or marijuana, is guilty of a class B misdemeanor.
(i)
Upon a third conviction the person is guilty of a class A misdemeanor, if each 
prior offense was committed within seven years before the date of the offense 
upon which the current conviction is based.
(ii)
Upon a fourth or subsequent conviction the person is guilty of a third degree 
felony if each prior offense was committed within seven years before the date of 
the offense upon which the current conviction is based.
(e)
A person convicted of violating Subsection (2)(a)(i) while inside the exterior 
boundaries of property occupied by a correctional facility as defined in Section 
64-13-1
 or a public jail or other place of confinement shall be sentenced to a penalty 
one degree greater than provided in Subsection (2)(b), and if the conviction is with 
respect to controlled substances as listed in:
(i)
Subsection (2)(b), the person may be sentenced to imprisonment for an 
indeterminate term as provided by law, and:
(A)
the court shall additionally sentence the person convicted to a term of one year 
to run consecutively and not concurrently; and
(B)
the court may additionally sentence the person convicted for an indeterminate 
term not to exceed five years to run consecutively and not concurrently; and
(ii)
Subsection (2)(d), the person may be sentenced to imprisonment for an 
indeterminate term as provided by law, and the court shall additionally sentence 
the person convicted to a term of six months to run consecutively and not 
concurrently.
(f)
A person convicted of violating Subsection (2)(a)(ii) or (iii) is:
(i)
on a first conviction, guilty of a class B misdemeanor;
(ii)
on a second conviction, guilty of a class A misdemeanor; and
(iii)
on a third or subsequent conviction, guilty of a third degree felony.
(g)
The Administrative Office of the Courts shall report to the Division of Professional 
Licensing the name, case number, date of conviction, and if known, the date of birth 
of each person convicted of violating Subsection (2)(a).
(3)
Prohibited acts C -- Penalties:
(a)
It is unlawful for a person knowingly and intentionally:
(i)
to use in the course of the manufacture or distribution of a controlled substance a 
license number which is fictitious, revoked, suspended, or issued to another 
person or, for the purpose of obtaining a controlled substance, to assume the title 
of, or represent oneself to be, a manufacturer, wholesaler, apothecary, physician, 
dentist, veterinarian, or other authorized person;
(ii)
to acquire or obtain possession of, to procure or attempt to procure the 
administration of, to obtain a prescription for, to prescribe or dispense to a person 
known to be attempting to acquire or obtain possession of, or to procure the 
administration of a controlled substance by misrepresentation or failure by the 
person to disclose receiving a controlled substance from another source, fraud, 
forgery, deception, subterfuge, alteration of a prescription or written order for a 
controlled substance, or the use of a false name or address;
(iii)
to make a false or forged prescription or written order for a controlled substance, 
or to utter the same, or to alter a prescription or written order issued or written 
under the terms of this chapter; or
(iv)
to make, distribute, or possess a punch, die, plate, stone, or other thing designed 
to print, imprint, or reproduce the trademark, trade name, or other identifying 
mark, imprint, or device of another or any likeness of any of the foregoing upon 
any drug or container or labeling so as to render a drug a counterfeit controlled 
substance.
(b)
(i)
A first or second conviction under Subsection (3)(a)(i), (ii), or (iii) is a class A 
misdemeanor.
(ii)
A third or subsequent conviction under Subsection (3)(a)(i), (ii), or (iii) is a third 
degree felony.
(c)
A violation of Subsection (3)(a)(iv) is a third degree felony.
(4)
Prohibited acts D -- Penalties:
(a)
Notwithstanding other provisions of this section, a person not authorized under this 
chapter who commits any act that is unlawful under Subsection (1)(a) or Section 
58-37b-4
 is upon conviction subject to the penalties and classifications under this 
Subsection (4) if the trier of fact finds the act is committed:
(i)
in a public or private elementary or secondary school or on the grounds of any of 
those schools during the hours of 6 a.m. through 10 p.m.;
(ii)
in a public or private vocational school or postsecondary institution or on the 
grounds of any of those schools or institutions during the hours of 6 a.m. through 
10 p.m.;
(iii)
in or on the grounds of a preschool or child-care facility during the preschool's or 
facility's hours of operation;
(iv)
in a public park, amusement park, arcade, or recreation center when the public or 
amusement park, arcade, or recreation center is open to the public;
(v)
in or on the grounds of a house of worship as defined in Section 
76-10-501
76-11-201
;
(vi)
in or on the grounds of a library when the library is open to the public;
(vii)
within an area that is within 100 feet of any structure, facility, or grounds 
included in Subsections (4)(a)(i) through (vi);
(viii)
in the presence of a person younger than 18 years old, regardless of where the 
act occurs; or
(ix)
for the purpose of facilitating, arranging, or causing the transport, delivery, or 
distribution of a substance in violation of this section to an inmate or on the 
grounds of a correctional facility as defined in Section 
76-8-311.3
.
(b)
(i)
A person convicted under this Subsection (4) is guilty of a first degree felony 
and shall be imprisoned for a term of not less than five years if the penalty that 
would otherwise have been established but for this Subsection (4) would have 
been a first degree felony.
(ii)
Imposition or execution of the sentence may not be suspended, and the person is 
not eligible for probation.
(c)
If the classification that would otherwise have been established would have been less 
than a first degree felony but for this Subsection (4), a person convicted under this 
Subsection (4) is guilty of one degree more than the maximum penalty prescribed for 
that offense.
(d)
(i)
If the violation is of Subsection (4)(a)(ix):
(A)
the person may be sentenced to imprisonment for an indeterminate term as 
provided by law, and the court shall additionally sentence the person convicted 
for a term of one year to run consecutively and not concurrently; and
(B)
the court may additionally sentence the person convicted for an indeterminate 
term not to exceed five years to run consecutively and not concurrently; and
(ii)
the penalties under this Subsection (4)(d) apply also to a person who, acting with 
the mental state required for the commission of an offense, directly or indirectly 
solicits, requests, commands, coerces, encourages, or intentionally aids another 
person to commit a violation of Subsection (4)(a)(ix).
(e)
It is not a defense to a prosecution under this Subsection (4) that:
(i)
the actor mistakenly believed the individual to be 18 years old or older at the time 
of the offense or was unaware of the individual's true age; or
(ii)
the actor mistakenly believed that the location where the act occurred was not as 
described in Subsection (4)(a) or was unaware that the location where the act 
occurred was as described in Subsection (4)(a).
(5)
A violation of this chapter for which no penalty is specified is a class B misdemeanor.
(6)
(a)
For purposes of penalty enhancement under Subsections (1) and (2), a plea of 
guilty or no contest to a violation or attempted violation of this section or a plea 
which is held in abeyance under Title 77, Chapter 2a, Pleas in Abeyance, is the 
equivalent of a conviction, even if the charge has been subsequently reduced or 
dismissed in accordance with the plea in abeyance agreement.
(b)
A prior conviction used for a penalty enhancement under Subsection (2) shall be a 
conviction that is:
(i)
from a separate criminal episode than the current charge; and
(ii)
from a conviction that is separate from any other conviction used to enhance the 
current charge.
(7)
A person may be charged and sentenced for a violation of this section, notwithstanding 
a charge and sentence for a violation of any other section of this chapter.
(8)
(a)
A penalty imposed for violation of this section is in addition to, and not in lieu of, 
a civil or administrative penalty or sanction authorized by law.
(b)
When a violation of this chapter violates a federal law or the law of another state, 
conviction or acquittal under federal law or the law of another state for the same act 
is a bar to prosecution in this state.
(9)
In any prosecution for a violation of this chapter, evidence or proof that shows a person 
or persons produced, manufactured, possessed, distributed, or dispensed a controlled 
substance or substances, is prima facie evidence that the person or persons did so with 
knowledge of the character of the substance or substances.
(10)
This section does not prohibit a veterinarian, in good faith and in the course of the 
veterinarian's professional practice only and not for humans, from prescribing, 
dispensing, or administering controlled substances or from causing the substances to be 
administered by an assistant or orderly under the veterinarian's direction and supervision.
(11)
Civil or criminal liability may not be imposed under this section on:
(a)
a person registered under this chapter who manufactures, distributes, or possesses an 
imitation controlled substance for use as a placebo or investigational new drug by a 
registered practitioner in the ordinary course of professional practice or research;
(b)
a law enforcement officer acting in the course and legitimate scope of the officer's 
employment;or
(c)
a healthcare facility, substance use harm reduction services program, or drug 
addiction treatment facility that temporarily possesses a controlled or counterfeit 
substance to conduct a test or analysis on the controlled or counterfeit substance to 
identify or analyze the strength, effectiveness, or purity of the substance for a public 
health or safety reason.
(12)
(a)
Civil or criminal liability may not be imposed under this section on any Indian, 
as defined in Section 
58-37-2
, who uses, possesses, or transports peyote for bona fide 
traditional ceremonial purposes in connection with the practice of a traditional Indian 
religion as defined in Section 
58-37-2
.
(b)
In a prosecution alleging violation of this section regarding peyote as defined in 
Section 
58-37-4
, it is an affirmative defense that the peyote was used, possessed, or 
transported by an Indian for bona fide traditional ceremonial purposes in connection 
with the practice of a traditional Indian religion.
(c)
(i)
The defendant shall provide written notice of intent to claim an affirmative 
defense under this Subsection (12) as soon as practicable, but not later than 10 
days before trial.
(ii)
The notice shall include the specific claims of the affirmative defense.
(iii)
The court may waive the notice requirement in the interest of justice for good 
cause shown, if the prosecutor is not unfairly prejudiced by the lack of timely 
notice.
(d)
The defendant shall establish the affirmative defense under this Subsection (12) by a 
preponderance of the evidence. If the defense is established, it is a complete defense 
to the charges.
(13)
(a)
It is an affirmative defense that the person produced, possessed, or administered 
a controlled substance listed in Section 
58-37-4.2
 if the person was:
(i)
engaged in medical research; and
(ii)
a holder of a valid license to possess controlled substances under Section 
58-37-6
.
(b)
It is not a defense under Subsection (13)(a) that the person prescribed or dispensed a 
controlled substance listed in Section 
58-37-4.2
.
(14)
It is an affirmative defense that the person possessed, in the person's body, a controlled 
substance listed in Section 
58-37-4.2
 if:
(a)
the person was the subject of medical research conducted by a holder of a valid 
license to possess controlled substances under Section 
58-37-6
; and
(b)
the substance was administered to the person by the medical researcher.
(15)
The application of any increase in penalty under this section to a violation of 
Subsection (2)(a)(i) may not result in any greater penalty than a second degree felony. 
This Subsection (15) takes precedence over any conflicting provision of this section.
(16)
(a)
It is an affirmative defense to an allegation of the commission of an offense 
listed in Subsection (16)(b) that the person or bystander:
(i)
reasonably believes that the person or another person is experiencing an overdose 
event due to the ingestion, injection, inhalation, or other introduction into the 
human body of a controlled substance or other substance;
(ii)
reports, or assists a person who reports, in good faith the overdose event to a 
medical provider, an emergency medical service provider as defined in Section 
53-2d-101
, a law enforcement officer, a 911 emergency call system, or an 
emergency dispatch system, or the person is the subject of a report made under 
this Subsection (16);
(iii)
provides in the report under Subsection (16)(a)(ii) a functional description of the 
actual location of the overdose event that facilitates responding to the person 
experiencing the overdose event;
(iv)
remains at the location of the person experiencing the overdose event until a 
responding law enforcement officer or emergency medical service provider 
arrives, or remains at the medical care facility where the person experiencing an 
overdose event is located until a responding law enforcement officer arrives;
(v)
cooperates with the responding medical provider, emergency medical service 
provider, and law enforcement officer, including providing information regarding 
the person experiencing the overdose event and any substances the person may 
have injected, inhaled, or otherwise introduced into the person's body; and
(vi)
is alleged to have committed the offense in the same course of events from which 
the reported overdose arose.
(b)
The offenses referred to in Subsection (16)(a) are:
(i)
the possession or use of less than 16 ounces of marijuana;
(ii)
the possession or use of a scheduled or listed controlled substance other than 
marijuana; and
(iii)
any violation of Chapter 37a, Utah Drug Paraphernalia Act, or Chapter 37b, 
Imitation Controlled Substances Act.
(c)
As used in this Subsection (16) and in Section 
76-3-203.11
, "good faith" does not 
include seeking medical assistance under this section during the course of a law 
enforcement agency's execution of a search warrant, execution of an arrest warrant, 
or other lawful search.
(17)
If any provision of this chapter, or the application of any provision to any person or 
circumstances, is held invalid, the remainder of this chapter shall be given effect without 
the invalid provision or application.
(18)
A legislative body of a political subdivision may not enact an ordinance that is less 
restrictive than any provision of this chapter.
(19)
If a minor who is under 18 years old is found by a court to have violated this section or 
Subsection 
76-5-102.1
(2)(b) or 
76-5-207
(2)(b), the court may order the minor to 
complete:
(a)
a screening as defined in Section 
41-6a-501
;
(b)
an assessment as defined in Section 
41-6a-501
 if the screening indicates an 
assessment to be appropriate; and
(c)
an educational series as defined in Section 
41-6a-501
 or substance use disorder 
treatment as indicated by an assessment.
Section 110, Section 
58-37-8.1
, which is renumbered from Section 76-10-2204 is renumbered 
and amended to read:
76-10-2204
58-37-8.1
. Duty to report drug diversion.
(1)
As used in this section:
(a)
"Diversion" means a practitioner's transfer of a significant amount of drugs to 
another 
individual 
for an unlawful purpose.
(b)
"Drug" means a Schedule II or Schedule III controlled substance, as defined in 
Section 
58-37-4
, that is an opiate.
(c)
"HIPAA" means the same as that term is defined in Section 
26B-3-126
.
(d)
"Opiate" means the same as that term is defined in Section 
58-37-2
.
(e)
"Practitioner" means an individual:
(i)
licensed, registered, or otherwise authorized by the appropriate jurisdiction to 
administer, dispense, distribute, or prescribe a drug in the course of professional 
practice; or
(ii)
employed by a person who is licensed, registered, or otherwise authorized by the 
appropriate jurisdiction to administer, dispense, distribute, or prescribe a drug in 
the course of professional practice or standard operations.
(f)
"Significant amount" means an aggregate amount equal to, or more than, 500 
morphine milligram equivalents calculated in accordance with guidelines developed 
by the Centers for Disease Control and Prevention
 (CDC)
.
(2)
An individual is guilty of a class B misdemeanor if the individual:
(a)
knows that a practitioner is involved in diversion; and
(b)
knowingly fails to report the diversion to a peace officer or law enforcement agency.
(3)
Subsection 
(2)
 does not apply to the extent that an individual is prohibited from 
reporting by 42 C.F.R. 
Part 2
 or HIPAA.
Section 111, Section 
58-37-8.2
, which is renumbered from Section 76-10-2203 is renumbered 
and amended to read:
76-10-2203
58-37-8.2
. Possession, sale, or use of an adulterant or synthetic 
urine.
(1)
As used in this section, "adulterant" means a substance that may be added to human 
urine or another human bodily fluid to change, dilute, or interfere with the composition, 
chemical properties, physical appearance, or physical properties of the urine or other 
bodily fluid.
(2)
Under circumstances not amounting to a violation of Section 
76-8-510.5
, 
it is unlawful 
for a person to
Tampering with evidence, a person commits possession, sale or use of an 
adulterant or synthetic urine if the person
:
(a)
distribute, possess, or sell
distributes, possesses, or sells
 synthetic urine;
(b)
distribute or sell
distributes or sells
 an adulterant with:
(i)
intent that the adulterant be used to defeat or defraud an alcohol or drug screening 
test; or
(ii)
knowledge that the recipient of the adulterant intends to use the adulterant to 
defeat or defraud an alcohol or drug screening test;
(c)
possess
possesses
 an adulterant with intent to use the adulterant to defeat or defraud 
an alcohol or drug screening test; or
(d)
intentionally 
use
uses
:
(i)
an adulterant to defeat or defraud an alcohol or drug screening test;
(ii)
the person's urine or bodily fluid to defeat or defraud an alcohol or drug screening 
test if the urine or bodily fluid was expelled or withdrawn before the time at which 
the urine or bodily fluid is collected for the test; or
(iii)
the urine or bodily fluid of another person to defeat or defraud an alcohol or drug 
screening test.
(3)
A person who violates this section is guilty of
A violation of this section is
 an 
infraction.
(4)
A person 
is not guilty of a violation of this section for
does not commit a violation of 
Subsection 
(2)
 if the person is
 engaging in conduct described in this section for the sole 
purpose of education or medical or scientific research.
(5)
This section does not apply to persons currently under:
(a)
court-ordered supervision; or
(b)
the supervision of the Board of Pardons and Parole.
(6)
An entity that collects specimens for the purpose of testing and screening, and reports 
the results back to an employer
,
 shall report to the employer and the Department of 
Public Safety if a report is received that indicates that adulterated or synthetic urine was 
submitted for an alcohol or drug screening test.
Section 112, Section 
58-63-307
 is amended to read:
58-63-307
. Use of firearms.
(1)
An individual licensed as an armored car security officer or an armed private security 
officer may carry a firearm only while acting as an armored car security officer or an 
armed private security officer in accordance with this chapter and rules made under this 
chapter.
(2)
An individual licensed as an armored car security officer or an armed private security 
officer is exempt from the provisions of Section 
76-10-505
76-11-203
 and 
Title 53, 
Chapter 5, Part 7, Concealed Firearm Act
, while acting as an armored car security 
officer or an armed private security officer in accordance with this chapter and rules 
made under this chapter.
Section 113, Section 
59-14-102
 is amended to read:
59-14-102
. Definitions.
As used in this chapter:
(1)
"Alternative nicotine product" means the same as that term is defined in Section 
76-10-101
76-9-1101
.
(2)
"Cigarette" means a roll made wholly or in part of tobacco:
(a)
regardless of:
(i)
the size of the roll;
(ii)
the shape of the roll;
(iii)
whether the tobacco is flavored, adulterated, or mixed with any other ingredient; 
or
(iv)
whether the tobacco is heated or burned; and
(b)
if the roll has a wrapper or cover that is made of paper or any other substance or 
material except tobacco.
(3)
"Cigarette rolling machine" means a device or machine that has the capability to 
produce at least 150 cigarettes in less than 30 minutes.
(4)
"Cigarette rolling machine operator" means a person who:
(a)
(i)
controls, leases, owns, possesses, or otherwise has available for use a cigarette 
rolling machine; and
(ii)
makes the cigarette rolling machine available for use by another person to 
produce a cigarette; or
(b)
offers for sale, at retail, a cigarette produced from the cigarette rolling machine.
(5)
"Consumer" means a person that is not required:
(a)
under Section 
59-14-201
 to obtain a license under Section 
59-14-202
;
(b)
under Section 
59-14-301
 to obtain a license under Section 
59-14-202
; or
(c)
to obtain a license under Section 
59-14-803
.
(6)
"Counterfeit cigarette" means:
(a)
a cigarette that has a false manufacturing label; or
(b)
a package of cigarettes bearing a counterfeit tax stamp.
(7)
(a)
"Electronic cigarette" means the same as that term is defined in Section 
76-10-101
76-9-1101
.
(b)
"Electronic cigarette" does not include a cigarette or a tobacco product.
(8)
"Electronic cigarette product" means the same as that term is defined in Section 
76-10-101
76-9-1101
.
(9)
"Electronic cigarette substance" means the same as that term is defined in Section 
76-10-101
76-9-1101
.
(10)
"Importer" means a person that imports into the United States, either directly or 
indirectly, a finished cigarette for sale or distribution.
(11)
"Indian tribal entity" means a federally recognized Indian tribe, tribal entity, or any 
other person doing business as a distributor or retailer of cigarettes on tribal lands 
located in the state.
(12)
"Little cigar" means a roll for smoking that:
(a)
is made wholly or in part of tobacco;
(b)
uses an integrated cellulose acetate filter or other similar filter; and
(c)
is wrapped in a substance:
(i)
containing tobacco; and
(ii)
that is not exclusively natural leaf tobacco.
(13)
(a)
Except as provided in Subsection 
(13)(b)
, "manufacturer" means a person that:
(i)
manufactures, fabricates, assembles, processes, or labels a finished cigarette; or
(ii)
makes, modifies, mixes, manufactures, fabricates, assembles, processes, labels, 
repackages, relabels, or imports an electronic cigarette product or a nicotine 
product.
(b)
"Manufacturer" does not include a cigarette rolling machine operator.
(14)
"Moist snuff" means tobacco that:
(a)
is finely cut, ground, or powdered;
(b)
has at least 45% moisture content, as determined by the commission by rule made in 
accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
;
(c)
is not intended to be:
(i)
smoked; or
(ii)
placed in the nasal cavity; and
(d)
except for single-use pouches of loose tobacco, is not packaged, produced, sold, or 
distributed in single-use units, including:
(i)
tablets;
(ii)
lozenges;
(iii)
strips;
(iv)
sticks; or
(v)
packages containing multiple single-use units.
(15)
"Nicotine" means the same as that term is defined in Section 
76-10-101
76-9-1101
.
(16)
"Nicotine product" means the same as that term is defined in Section 
76-10-101
76-9-1101
.
(17)
"Nontherapeutic nicotine device" means the same as that term is defined in Section 
76-10-101
76-9-1101
.
(18)
"Nontherapeutic nicotine device substance" means the same as that term is defined in 
Section 
76-10-101
76-9-1101
.
(19)
"Nontherapeutic nicotine product" means the same as that term is defined in Section 
76-10-101
76-9-1101
.
(20)
"Prefilled electronic cigarette" means the same as that term is defined in Section 
76-10-101
76-9-1101
.
(21)
"Prefilled nontherapeutic nicotine device" means the same as that term is defined in 
Section 
76-10-101
76-9-1101
.
(22)
"Retailer" means a person that:
(a)
sells or distributes a cigarette, an electronic cigarette product, or a nicotine product to 
a consumer in the state; or
(b)
intends to sell or distribute a cigarette, an electronic cigarette product, or a nicotine 
product to a consumer in the state.
(23)
"Stamp" means the indicia required to be placed on a cigarette package that evidences 
payment of the tax on cigarettes required by Section 
59-14-205
.
(24)
(a)
"Tobacco product" means a product made of, or containing, tobacco.
(b)
"Tobacco product" includes:
(i)
a cigarette produced from a cigarette rolling machine;
(ii)
a little cigar; or
(iii)
moist snuff.
(c)
"Tobacco product" does not include a cigarette.
(25)
"Tribal lands" means land held by the United States in trust for a federally recognized 
Indian tribe.
Section 114, Section 
59-14-501.5
 is enacted to read:
59-14-501.5
. Advertising warning label requirements.
(1)
For purposes of this section, "smokeless tobacco" means any finely cut, ground, 
powdered, or leaf tobacco that is intended to be placed in an oral cavity or nasal passage.
(2)
(a)
An advertisement for smokeless tobacco placed in a newspaper, magazine, or 
periodical published in this state must bear a warning that states: "Use of smokeless 
tobacco may cause oral cancer and other mouth disorders and is addictive."
(b)
The warning described in Subsection 
(2)(a)
 shall be placed in a conspicuous location 
and in conspicuous and legible type, in contrast with the typography, layout, and 
color of all other printed material in the advertisement.
Section 115, Section 
59-14-507
 is amended to read:
59-14-507
. Penalty for violation.
Violation of this part
A violation of any of the following sections
 is a class B 
misdemeanor
:
(1)
Section 
59-14-501
, Warning labels required;
(2)
Section 
59-14-502
, Requirements for placement of warning labels;
(3)
Section 
59-14-504
, Responsibility for placement of warning labels; or
(4)
Section 
59-14-509
, Restrictions on mail order or Internet sales
.
Section 116, Section 
59-14-807
 is amended to read:
59-14-807
. Electronic Cigarette Substance and Nicotine Product Proceeds 
Restricted Account.
(1)
There is created within the General Fund a restricted account known as the "Electronic 
Cigarette Substance and Nicotine Product Proceeds Restricted Account."
(2)
The Electronic Cigarette Substance and Nicotine Product Proceeds Restricted Account 
consists of:
(a)
revenue collected from the tax imposed by Section 
59-14-804
;
(b)
fees and penalties collected under Section 
59-14-810
;
(c)
all money received by the attorney general or the Department of Commerce as a 
result of any judgment, settlement, or compromise of claims pertaining to alleged 
violations of law related to the manufacture, marketing, distribution, or sale of 
electronic cigarette products, as defined in Section 
76-10-101
76-9-1101
:
(i)
if the total amount of the judgment, settlement, or compromise received by the 
state exceeds $1,000,000; and
(ii)
after reimbursement to the attorney general and the Department of Commerce for 
expenses related to the matters described in Subsection (2)(c); and
(d)
amounts appropriated by the Legislature.
(3)
(a)
For each fiscal year and subject to appropriation by the Legislature, the Division 
of Finance shall distribute from the Electronic Cigarette Substance and Nicotine 
Product Proceeds Restricted Account:
(i)
$2,000,000, which shall be allocated to the local health departments by the 
Department of Health and Human Services using the formula created in 
accordance with Section 
26A-1-116
;
(ii)
$2,000,000 to the Department of Health and Human Services for statewide 
cessation programs and prevention education;
(iii)
$1,180,000 to the Department of Public Safety for law enforcement officers 
aimed at disrupting organizations and networks that provide tobacco products, 
electronic cigarette products, nicotine products, and other illegal controlled 
substances to minors;
(iv)
$3,000,000, which shall be allocated to the local health departments by the 
Department of Health and Human Services using the formula created in 
accordance with Section 
26A-1-116
;
(v)
$5,084,200 to the State Board of Education for school-based prevention programs;
(vi)
$2,000,000 to the Department of Health and Human Services for alcohol, 
tobacco, and other drug prevention, reduction, cessation, and control programs 
that promote unified messages and make use of media outlets, including radio, 
newspaper, billboards, and television; and
(vii)
of the money deposited under Section 
59-14-810
:
(A)
to the commission, in an amount equal to the amount necessary to create and 
maintain the registry described in Section 
59-14-810
;
(B)
to the Department of Health and Human Services, in an amount necessary for 
completing duties described in Section 
59-14-810
; and
(C)
to the Department of Health and Human Services, the remainder to be divided 
among the local health departments for inspection and enforcement described 
in Sections 
26A-1-131
 and 
59-14-810
.
(b)
If the amount in the Electronic Cigarette Substance and Nicotine Product Proceeds 
Restricted Account is insufficient to cover the distributions described in Subsection 
(3)(a), the distribution amounts shall be adjusted proportionately.
(4)
(a)
The local health departments shall use the money received in accordance with 
Subsection (3)(a) for enforcing:
(i)
the regulation provisions described in Section 
26B-7-505
;
(ii)
the labeling requirement described in Section 
26B-7-505
; and
(iii)
the penalty provisions described in Section 
26B-7-518
.
(b)
The Department of Health and Human Services shall use the money received in 
accordance with Subsection (3)(a)(ii) for the Youth Electronic Cigarette, Marijuana, 
and Other Drug Prevention Program created in Section 
26B-1-428
.
(c)
The local health departments shall use the money received in accordance with 
Subsection (3)(a)(iv) to issue grants under the Electronic Cigarette, Marijuana, and 
Other Drug Prevention Grant Program created in Section 
26A-1-129
.
(d)
The State Board of Education shall use the money received in accordance with 
Subsection (3)(a)(v) to distribute to local education agencies to pay for:
(i)
(A)
stipends for positive behaviors specialists as described in Subsection 
53G-10-407
(4)(a)(i);
(B)
the cost of administering the positive behaviors plan as described in 
Subsection 
53G-10-407
(4)(a)(ii); and
(C)
the cost of implementing an Underage Drinking and Substance Abuse 
Prevention Program in grade 4 or 5, as described in Subsection 
53G-10-406
(3)(b); or
(ii)
a comprehensive prevention plan, as that term is defined in Section 
53F-2-525
.
(5)
(a)
The fund shall earn interest.
(b)
All interest earned on fund money shall be deposited into the fund.
(6)
Subject to legislative appropriations, funds remaining in the Electronic Cigarette 
Substance and Nicotine Product Proceeds Restricted Account after the distribution 
described in Subsection (3) may only be used for:
(a)
funding commission personnel to enforce compliance with the tax collection 
requirements of this part; and
(b)
programs and activities related to the prevention and cessation of electronic cigarette, 
nicotine products, marijuana, and other drug use.
Section 117, Section 
59-14-810
 is amended to read:
59-14-810
. Electronic cigarette product registry.
(1)
Beginning on August 1, 2024, every manufacturer of an electronic cigarette product that 
is sold in this state, whether directly or through a distributor, wholesaler, retailer, or 
similar intermediary or intermediaries, shall certify under penalty of perjury on a form 
and in the manner prescribed by the commission, that:
(a)
the manufacturer agrees to comply with this section; and
(b)
the electronic cigarette product is a premarket authorized or pending electronic 
cigarette product as defined in Section 
76-10-101
76-9-1101
 and will not be illegal 
to be sold in the state as of January 1, 2025.
(2)
When submitting the certification a manufacturer shall submit a form that separately 
lists each electronic cigarette product that is sold in this state.
(3)
(a)
Each certification form shall include:
(i)
the name of the electronic cigarette product, nicotine content level by percentage, 
and any flavors contained in the product;
(ii)
(A)
a copy of the order granting a premarket tobacco product application of the 
electronic cigarette product by the United States Food and Drug 
Administration under 21 U.S.C. Sec. 387j(c)(1)(A)(i); or
(B)
evidence that the premarket tobacco product application for the electronic 
cigarette product or nicotine product was submitted to the United States Food 
and Drug Administration before September 9, 2020, and a final authorization 
or order has not yet taken effect;
(iii)
a nonrefundable $1,000 fee for an electronic cigarette product that is being added 
to the registry in the first instance; and
(iv)
information described in Subsection (10) if applicable.
(b)
The commission shall make the materials submitted under Subsection (3)(a) 
available to the Department of Health and Human Services for review and approval.
(c)
A manufacturer required to submit a certification form under this section shall notify 
the commission and the Department of Health and Human Services in a manner 
prescribed by the commission within 30 days of any material change making the 
certification form no longer accurate, including:
(i)
the issuance or denial of a marketing authorization or other order by the United 
States Food and Drug Administration under 21 U.S.C. Sec. 387j; or
(ii)
any other order or action by the United States Food and Drug Administration or 
any court that affects the ability of the electronic cigarette product to be 
introduced or delivered into interstate commerce for commercial distribution in 
the United States.
(d)
On or before January 31 of each year and in a manner prescribed by the commission, 
a manufacturer shall:
(i)
recertify that the information contained in the certification is correct and accurate;
(ii)
correct or amend information if necessary; and
(iii)
pay a $250 nonrefundable fee for each electronic cigarette product on the registry 
that is manufactured by the manufacturer.
(e)
A manufacturer may amend a certification, including to add additional electronic 
cigarette products to the registry, if all requirements of this section are met.
(f)
The commission shall:
(i)
provide an electronic notification to a manufacturer that has not submitted a 
recertification under Subsection (3)(d); and
(ii)
remove a manufacturer or an electronic cigarette product that is not recertified 
from the registry by March 15.
(4)
(a)
The Department of Health and Human Services shall review materials described 
in Subsection (3)(a) and notify the commission regarding whether an electronic 
cigarette product should be included in the registry.
(b)
On or before October 1, 2024, the commission shall make publicly available on the 
commission's website a registry that lists each electronic cigarette product 
manufacturer and each electronic cigarette product for which certification forms have 
been approved by the Department of Health and Human Services.
(c)
An electronic cigarette product may not be listed on the registry unless the 
Department of Health and Human Services determines the requirements of 
Subsection (3)(a) are met.
(5)
(a)
If the Department of Health and Human Services obtains information that an 
electronic cigarette product should not be listed in the registry, the Department of 
Health and Human Services shall provide the manufacturer notice and an opportunity 
to cure deficiencies before notifying the commission to remove the manufacturer or 
products from the registry.
(b)
Except as provided in Subsection (5)(c), the Department of Health and Human 
Services shall comply with Title 63G, Chapter 4, Administrative Procedures Act, 
before notifying the commission to remove an electronic cigarette product or 
manufacturer from the registry.
(c)
Subsection (5)(b) does not apply to a manufacturer failing:
(i)
to decertify an electronic cigarette product;
(ii)
to provide fees and documentation described in Subsection (3)(a) or (3)(d); or
(iii)
to comply with Subsection (10).
(6)
(a)
If a product is removed from the registry, each retailer, distributor, and wholesaler 
shall have 30 days from the day on which the product is removed from the registry to 
remove the product from any inventory and return the product to the manufacturer for 
disposal.
(b)
After the period described in Subsection (6)(a), any electronic cigarette product of a 
manufacturer identified in the notice of removal are contraband and are subject to 
penalties under Subsection (8) and seizure, forfeiture, and destruction under Section 
26A-1-131
.
(7)
(a)
Beginning on January 1, 2025, a person may not sell or offer for retail sale an 
electronic cigarette product in this state that is not included in the registry.
(b)
A manufacturer may not sell, either directly or through a distributor, wholesaler, 
retailer, or similar intermediary or intermediaries, an electronic cigarette product in 
this state that is not included in the registry.
(8)
(a)
A wholesaler, distributor, or retailer who sells or offers for retail sale an electronic 
cigarette product in this state that is not included in the registry shall be subject to a 
civil penalty of:
(i)
$1,000 for each product offered for sale in violation of this section; and
(ii)
$100 per day until the offending product is removed from the market or until the 
offending product is properly listed on the registry.
(b)
The commission shall suspend the person's license issued under Section 
59-14-803
for a violation of Subsection (8)(a) as follows:
(i)
for a second violation within a 12-month period, at least 14 days;
(ii)
for a third violation within a 12-month period, at least 60 days; or
(iii)
for a fourth violation within a 12-month period, at least one year.
(c)
A manufacturer whose electronic cigarette products are not listed in the registry and 
are sold in this state, whether directly or through a distributor, wholesaler, retailer, or 
similar intermediary or intermediaries, is subject to a civil penalty of:
(i)
$1,000 for each product offered for retail sale in violation of this section; and
(ii)
$100 per day until the offending product is removed from the market or until the 
offending product is properly listed on the registry.
(d)
A manufacturer that falsely represents any information required by a certification 
form described in this section shall be guilty of a class C misdemeanor for each false 
representation.
(e)
A repeated violation of this section shall constitute a deceptive act or practice as 
provided in Sections 
13-11-4
 and 
13-11a-3
 and shall be subject to any remedies or 
penalties available for a violation of those sections.
(9)
(a)
To assist in ensuring compliance and enforcement of this section and Section 
26A-1-131
, the commission shall disclose to the following entities, upon request, any 
information obtained under this section:
(i)
the Department of Health and Human Services;
(ii)
a local health department; or
(iii)
the attorney general.
(b)
The commission and attorney general shall share with each other information 
received under this section, or corresponding laws of other states.
(10)
(a)
(i)
The commission may not list a nonresident manufacturer of an electronic 
cigarette product in the registry unless:
(A)
the nonresident manufacturer has registered to do business in the state as a 
foreign corporation or business entity; or
(B)
the nonresident manufacturer appoints and maintains without interruption the 
services of an agent in this state to receive any service of process on behalf of 
the manufacturer.
(b)
The nonresident manufacturer shall provide the name, address, and telephone 
number of the agent to the commission.
(c)
(i)
A nonresident manufacturer shall provide notice to the commission 30 days 
before the termination of the authority of an agent and shall further provide proof 
to the satisfaction of the commission of the appointment of a new agent no less 
than five calendar days prior to the termination of an existing agent appointment.
(ii)
In the event an agent terminates an agency appointment, the manufacturer shall 
notify the commission of the termination within five calendar days and shall 
include proof to the satisfaction of the commission of the appointment of a new 
agent.
(11)
Before May 31 of each year, the commission and the Department of Health and 
Human Services shall provide a report to the Revenue and Taxation Interim Committee 
and the Health and Human Services Interim Committee regarding:
(a)
the status of the registry;
(b)
manufacturers and products included in the registry;
(c)
revenue and expenditures related to administration of this section; and
(d)
enforcement activities undertaken under this section and Section 
26A-1-131
.
(12)
All fees and penalties collected under this section shall be used for administration and 
enforcement of this section and Section 
26A-1-131
.
(13)
The commission, in consultation with the Department of Health and Human Services, 
may make rules in accordance with Title 63G, Chapter 3, Utah Administrative 
Rulemaking Act, to implement this section.
Section 118, Section 
59-27-105
 is amended to read:
59-27-105
. Sexually Explicit Business and Escort Service Fund -- Administrative 
charge.
(1)
There is created an expendable special revenue fund called the "Sexually Explicit 
Business and Escort Service Fund."
(2)
(a)
Except as provided in Subsection 
(3)
, the fund consists of all amounts collected by 
the commission under this chapter.
(b)
(i)
The money in the fund shall be invested by the state treasurer pursuant to 
Title 
51, Chapter 7, State Money Management Act
.
(ii)
All interest or other earnings derived from the fund money shall be deposited in 
the fund.
(3)
Notwithstanding any other provision of this chapter, the commission shall retain and 
deposit an administrative charge in accordance with Section 
59-1-306
 from the revenues 
the commission collects from a tax under this chapter.
(4)
(a)
Fund money shall be used as provided in this Subsection 
(4)
.
(b)
The Department of Corrections shall use 60% of the money in the fund, in addition 
to existing budgets, to provide treatment services to nonworking or indigent adults 
who:
(i)
have been convicted of an offense under 
Title 76, Chapter 5, Part 4, Sexual 
Offenses
, other than Section 
76-5-417
, 
76-5-418
, 
76-5-419
, or 
76-5-420
; and
(ii)
are not currently confined or incarcerated in a jail or prison.
(c)
The Adult Probation and Parole section of the Department of Corrections shall use 
15% of the money in the fund to provide outpatient treatment services to individuals 
who:
(i)
have been convicted of an offense under 
Title 76, Chapter 5, Part 4, Sexual 
Offenses
, other than Section 
76-5-417
, 
76-5-418
, 
76-5-419
, or 
76-5-420
; and
(ii)
are not currently confined or incarcerated in a jail or prison.
(d)
The Department of Corrections shall use 10% of the money in the fund, in addition 
to existing budgets, to implement treatment programs for juveniles who have been 
convicted of an offense under 
Title 76, Chapter 5, Part 4, Sexual Offenses
, other than 
Section 
76-5-417
, 
76-5-418
, 
76-5-419
, or 
76-5-420
.
(e)
The attorney general shall use 15% of the money in the fund to provide funding for 
any task force:
(i)
administered through the Office of the Attorney General; and
(ii)
that investigates and prosecutes individuals who use the Internet to commit 
crimes against children.
Section 119, Section 
63G-6a-2505
 is amended to read:
63G-6a-2505
. Debarment or suspension from consideration for award of 
contracts.
(1)
The executive director may:
(a)
debar or suspend a person from consideration for an award of a contract for a human 
services procurement item for any amount of time in accordance with the process 
described in Subsection 
63G-6a-904
(1); and
(b)
obtain the recommendation of the council before debarring or suspending the person.
(2)
The council shall recommend that the executive director debar or suspend a person for 
an award of a contract for a human services procurement item if the person:
(a)
is convicted of a criminal offense:
(i)
for actions taken to obtain or perform under a public or private contract;
(ii)
for embezzlement, fraud, theft, forgery, bribery, falsification or destruction of 
records, or receiving stolen property; or
(iii)
under 
Title 76, Chapter 10, Part 31, Utah Antitrust Act
Title 76, Chapter 16, 
Part 5, Antitrust Offenses
, or another antitrust law;
(b)
fails, without good cause, to perform in accordance with the terms of a contract with 
the department;
(c)
commits two or more violations of department rules made in accordance with Title 
63G, Chapter 3, Utah Administrative Rulemaking Act;
(d)
violates this chapter;
(e)
poses a significant risk of harm to department clients or the department;
(f)
is barred or suspended from providing services to another governmental agency; or
(g)
takes another action that the council determines is fraudulent or substantially affects 
the person's ability to perform under a contract with the department for a human 
services procurement item.
Section 120, Section 
63G-7-301
 is amended to read:
63G-7-301
. Waivers of immunity.
(1)
(a)
Immunity from suit of each governmental entity is waived as to any contractual 
obligation.
(b)
Actions arising out of contractual rights or obligations are not subject to the 
requirements of Section 
63G-7-401
, 
63G-7-402
, 
63G-7-403
, or 
63G-7-601
.
(c)
The Division of Water Resources is not liable for failure to deliver water from a 
reservoir or associated facility authorized by Title 73, Chapter 26, Bear River 
Development Act, if the failure to deliver the contractual amount of water is due to 
drought, other natural condition, or safety condition that causes a deficiency in the 
amount of available water.
(2)
Immunity from suit of each governmental entity is waived:
(a)
as to any action brought to recover, obtain possession of, or quiet title to real or 
personal property;
(b)
as to any action brought to foreclose mortgages or other liens on real or personal 
property, to determine any adverse claim on real or personal property, or to obtain an 
adjudication about any mortgage or other lien that the governmental entity may have 
or claim on real or personal property;
(c)
as to any action based on the negligent destruction, damage, or loss of goods, 
merchandise, or other property while it is in the possession of any governmental 
entity or employee, if the property was seized for the purpose of forfeiture under any 
provision of state law;
(d)
subject to Section 
63G-7-302
, as to any action brought under the authority of Utah 
Constitution, Article I, Section 22, for the recovery of compensation from the 
governmental entity when the governmental entity has taken or damaged private 
property for public uses without just compensation;
(e)
as to any claim for attorney fees or costs under Section 
63G-2-209
, 
63G-2-405
, or 
63G-2-802
;
(f)
for actual damages under Title 67, Chapter 21, Utah Protection of Public Employees 
Act;
(g)
as to any action brought to obtain relief from a land use regulation that imposes a 
substantial burden on the free exercise of religion under Title 63L, Chapter 5, Utah 
Religious Land Use Act;
(h)
except as provided in Subsection 
63G-7-201
(3), as to any injury caused by:
(i)
a defective, unsafe, or dangerous condition of any highway, road, street, alley, 
crosswalk, sidewalk, culvert, tunnel, bridge, viaduct, or other structure located on 
them; or
(ii)
any defective or dangerous condition of a public building, structure, dam, 
reservoir, or other public improvement;
(i)
subject to Subsections 
63G-7-101
(4) and 
63G-7-201
(4), as to any injury proximately 
caused by a negligent act or omission of an employee committed within the scope of 
employment;
(j)
notwithstanding Subsection 
63G-7-101
(4), as to a claim for an injury resulting from a 
sexual battery, as provided in Section 
76-9-702.1
76-5-418
, committed:
(i)
against a student of a public elementary or secondary school, including a charter 
school; and
(ii)
by an employee of a public elementary or secondary school or charter school who:
(A)
at the time of the sexual battery, held a position of special trust, as defined in 
Section 
76-5-404.1
, with respect to the student;
(B)
is criminally charged in connection with the sexual battery; and
(C)
the public elementary or secondary school or charter school knew or in the 
exercise of reasonable care should have known, at the time of the employee's 
hiring, to be a sex offender, kidnap offender, or child abuse offender as defined 
in Section 
77-41-102
, required to register under Title 77, Chapter 41, Sex, 
Kidnap, and Child Abuse Offender Registry, whose status as a sex offender, 
kidnap offender, or child abuse offender would have been revealed in a 
background check under Section 
53G-11-402
;
(k)
as to any action brought under Section 
78B-6-2303
; and
(l)
as to any action brought to obtain relief under Title 53B, Chapter 27, Part 6, Student 
Legal Representation.
(3)
(a)
As used in this Subsection (3):
(i)
"Code of conduct" means a code of conduct that:
(A)
is not less stringent than a model code of conduct, created by the State Board 
of Education, establishing a professional standard of care for preventing the 
conduct described in Subsection (3)(a)(i)(D);
(B)
is adopted by the applicable local education governing body;
(C)
regulates behavior of a school employee toward a student; and
(D)
includes a prohibition against any sexual conduct between an employee and a 
student and against the employee and student sharing any sexually explicit or 
lewd communication, image, or photograph.
(ii)
"Local education agency" means:
(A)
a school district;
(B)
a charter school; or
(C)
the Utah Schools for the Deaf and the Blind.
(iii)
"Local education governing board" means:
(A)
for a school district, the local school board;
(B)
for a charter school, the charter school governing board; or
(C)
for the Utah Schools for the Deaf and the Blind, the state board.
(iv)
"Public school" means a public elementary or secondary school.
(v)
"Sexual abuse" means the offense described in Subsection 
76-5-404.1
(2).
(vi)
"Sexual battery" means the offense described in Section 
76-9-702.1
76-5-418
, 
considering the term "child" in that section to include an individual under age 18.
(b)
Notwithstanding Subsection 
63G-7-101
(4), immunity from suit is waived as to a 
claim against a local education agency for an injury resulting from a sexual battery or 
sexual abuse committed against a student of a public school by a paid employee of 
the public school who is criminally charged in connection with the sexual battery or 
sexual abuse, unless:
(i)
at the time of the sexual battery or sexual abuse, the public school was subject to a 
code of conduct; and
(ii)
before the sexual battery or sexual abuse occurred, the public school had:
(A)
provided training on the code of conduct to the employee; and
(B)
required the employee to sign a statement acknowledging that the employee 
has read and understands the code of conduct.
(4)
(a)
As used in this Subsection (4):
(i)
"Higher education institution" means an institution included within the state 
system of higher education under Section 
53B-1-102
.
(ii)
"Policy governing behavior" means a policy adopted by a higher education 
institution or the Utah Board of Higher Education that:
(A)
establishes a professional standard of care for preventing the conduct 
described in Subsections (4)(a)(ii)(C) and (D);
(B)
regulates behavior of a special trust employee toward a subordinate student;
(C)
includes a prohibition against any sexual conduct between a special trust 
employee and a subordinate student; and
(D)
includes a prohibition against a special trust employee and subordinate student 
sharing any sexually explicit or lewd communication, image, or photograph.
(iii)
"Sexual battery" means the offense described in Section 
76-9-702.1
76-5-418
.
(iv)
"Special trust employee" means an employee of a higher education institution 
who is in a position of special trust, as defined in Section 
76-5-404.1
, with a 
higher education student.
(v)
"Subordinate student" means a student:
(A)
of a higher education institution; and
(B)
whose educational opportunities could be adversely impacted by a special 
trust employee.
(b)
Notwithstanding Subsection 
63G-7-101
(4), immunity from suit is waived as to a 
claim for an injury resulting from a sexual battery committed against a subordinate 
student by a special trust employee, unless:
(i)
the institution proves that the special trust employee's behavior that otherwise 
would constitute a sexual battery was:
(A)
with a subordinate student who was at least 18 years old at the time of the 
behavior; and
(B)
with the student's consent; or
(ii)
(A)
at the time of the sexual battery, the higher education institution was 
subject to a policy governing behavior; and
(B)
before the sexual battery occurred, the higher education institution had taken 
steps to implement and enforce the policy governing behavior.
Section 121, Section 
63G-12-102
 is amended to read:
63G-12-102
. Definitions.
As used in this chapter:
(1)
"Basic health insurance plan" means a health plan that is actuarially equivalent to a 
federally qualified high deductible health plan.
(2)
"Department" means the Department of Public Safety created in Section 
53-1-103
.
(3)
"Employee" means an individual employed by an employer under a contract for hire.
(4)
"Employer" means a person who has one or more employees employed in the same 
business, or in or about the same establishment, under any contract of hire, express or 
implied, oral or written.
(5)
"E-verify program" means the electronic verification of the work authorization program 
of the Illegal Immigration Reform and Immigration Responsibility Act of 1996, 8 U.S.C. 
Sec. 1324a, known as the e-verify program.
(6)
"Family member" means for an undocumented individual:
(a)
a member of the undocumented individual's immediate family;
(b)
the undocumented individual's grandparent;
(c)
the undocumented individual's sibling;
(d)
the undocumented individual's grandchild;
(e)
the undocumented individual's nephew;
(f)
the undocumented individual's niece;
(g)
a spouse of an individual described in this Subsection 
(6)
; or
(h)
an individual who is similar to one listed in this Subsection 
(6)
.
(7)
"Federal SAVE program" means the Systematic Alien Verification for Entitlements 
Program operated by the United States Department of Homeland Security or an 
equivalent program designated by the Department of Homeland Security.
(8)
"Guest worker" means an undocumented individual who holds a guest worker permit.
(9)
"Guest worker permit" means a permit issued in accordance with Section 
63G-12-207
 to 
an undocumented individual who meets the eligibility criteria of Section 
63G-12-205
.
(10)
"Immediate family" means for an undocumented individual:
(a)
the undocumented individual's spouse; or
(b)
a child of the undocumented individual if the child is:
(i)
under 21 years old; and
(ii)
unmarried.
(11)
"Immediate family permit" means a permit issued in accordance with Section 
63G-12-207
 to an undocumented individual who meets the eligibility criteria of Section 
63G-12-206
.
(12)
"Permit" means a permit issued under 
Part 2, Guest Worker Program
, and includes:
(a)
a guest worker permit; and
(b)
an immediate family permit.
(13)
"Permit holder" means an undocumented individual who holds a permit.
(14)
"Private employer" means an employer who is not the federal government or a public 
employer.
(15)
"Program" means the Guest Worker Program described in Section 
63G-12-201
.
(16)
"Program start date" means the day on which the department is required to implement 
the program under Subsection 
63G-12-202(3)
.
(17)
"Public employer" means an employer that is:
(a)
the state of Utah or any administrative subunit of the state;
(b)
a state institution of higher education, as defined in Section 
53B-3-102
;
(c)
a political subdivision of the state including a county, city, town, school district, 
special district, or special service district; or
(d)
an administrative subunit of a political subdivision.
(18)
"Relevant contact information" means the following for an undocumented individual:
(a)
the undocumented individual's name;
(b)
the undocumented individual's residential address;
(c)
the undocumented individual's residential telephone number;
(d)
the undocumented individual's personal email address;
(e)
the name of the person with whom the undocumented individual has a contract for 
hire;
(f)
the name of the contact person for the person listed in Subsection 
(18)(e)
;
(g)
the address of the person listed in Subsection 
(18)(e)
;
(h)
the telephone number for the person listed in Subsection 
(18)(e)
;
(i)
the names of the undocumented individual's immediate family members;
(j)
the names of the family members who reside with the undocumented individual; and
(k)
any other information required by the department by rule made in accordance with 
Chapter 3, Utah Administrative Rulemaking Act
.
(19)
"Restricted account" means the Immigration Act Restricted Account created in Section 
63G-12-103
.
(20)
"Serious felony" means a felony under:
(a)
Section 53-5a-304
;
(b)
Title 76, Chapter 5, Offenses Against the Individual
;
(b)
(c)
Title 76, Chapter 5b, Sexual Exploitation Act
;
(d)
Title 76, Chapter 5c, Pornographic and Harmful Materials and Performances;
(e)
Title 76, Chapter 5d, Prostitution;
(c)
(f)
Title 76, Chapter 6, Offenses Against Property
;
(d)
(g)
Title 76, Chapter 7, Offenses Against the Family
;
(e)
(h)
Title 76, Chapter 8, Offenses Against the Administration of Government
;
(i)
Title 76, Chapter 9, Offenses Against Public Order, Health, and Safety
;
(j)
Title 76, Chapter 11, Weapons
;
(k)
Title 76, Chapter 12, Offenses Related to Privacy, Information, and Communication
;
(l)
Title 76, Chapter 13, Offenses Involving Cruelty to Animals
;
(m)
Title 76, Chapter 14, Offenses Related to Immigration Status
;
(n)
Title 76, Chapter 15, Explosives and Weapons of Mass Destruction
;
(o)
Title 76, Chapter 16, Offenses Concerning Business Practices
; and
(p)
Title 76, Chapter 17, Offenses Concerning Kickbacks, Pyramid Schemes, and 
Patterns of Unlawful Activity
.
(f)
Title 76, Chapter 9, Offenses Against Public Order and Decency
; and
(g)
Title 76, Chapter 10, Offenses Against Public Health, Safety, Welfare, and Morals
.
(21)
(a)
"Status verification system" means an electronic system operated by the federal 
government, through which an authorized official of a state agency or a political 
subdivision of the state may inquire by exercise of authority delegated pursuant to 8 
U.S.C. Sec. 1373, to verify the citizenship or immigration status of an individual 
within the jurisdiction of the agency or political subdivision for a purpose authorized 
under this section.
(b)
"Status verification system" includes:
(i)
the e-verify program;
(ii)
an equivalent federal program designated by the United States Department of 
Homeland Security or other federal agency authorized to verify the work 
eligibility status of a newly hired employee pursuant to the Immigration Reform 
and Control Act of 1986;
(iii)
the Social Security Number Verification Service or similar online verification 
process implemented by the United States Social Security Administration; or
(iv)
an independent third-party system with an equal or higher degree of reliability as 
the programs, systems, or processes described in Subsection 
(21)(b)(i)
, 
(ii)
, or 
(iii)
.
(22)
"Unauthorized alien" is as defined in 8 U.S.C. Sec. 1324a(h)(3).
(23)
"Undocumented individual" means an individual who:
(a)
lives or works in the state; and
(b)
is not in compliance with the Immigration and Nationality Act, 8 U.S.C. Sec. 1101 et 
seq. with regard to presence in the United States.
(24)
"U-verify program" means the verification procedure developed by the department in 
accordance with Section 
63G-12-210
.
Section 122, Section 
63G-12-106
 is amended to read:
63G-12-106
. Severability.
(1)
If a provision of 
Part 2, Guest Worker Program
, or the application of a provision to a 
person or circumstance is held invalid, the remainder of this chapter may not be given 
effect without the invalid provision or application so that the provisions of this chapter 
are not severable.
(2)
The following provisions are severable from this chapter:
(a)
Title 76, Chapter 9, Part 10, The Illegal Immigration Enforcement Act
Title 76, 
Chapter 14, Offenses Related to Immigration Status
;
 and
(b)
Section 
76-10-2901
; and
(c)
(b)
Section 
77-7-2
.
Section 123, Section 
63G-31-302
 is amended to read:
63G-31-302
. Sex-designated changing rooms in publicly owned facilities open to 
the general public.
(1)
(a)
Except as provided in Subsection (1)(b), to preserve the individual privacy of 
males and females, an individual may only access an operational sex-designated 
changing room in a government entity's facility that is open to the general public if:
(i)
the individual's sex corresponds with the sex designation of the changing room; or
(ii)
the individual has:
(A)
legally amended the individual's birth certificate to correspond with the sex 
designation of the changing room, which may be supported with a review of 
any amendment history obtained under Section 
26B-8-125
; and
(B)
undergone a primary sex characteristic surgical procedure as defined in 
Section 
58-67-102
 to correspond with the sex designation of the changing 
room.
(b)
Subsection (1)(a) does not apply to:
(i)
a minor child who requires assistance to access or use the changing room that 
corresponds with the sex of the minor's parent, guardian, or relative;
(ii)
a dependent minor, as defined in Section 
76-5-110
, or a dependent adult, as 
defined in Section 
76-5-111
 who requires assistance to access or use the changing 
room that corresponds with the sex of a caretaker;
(iii)
an individual providing public safety services, including law enforcement, 
emergency medical services as defined in Section 
26B-4-101
, and fire protection;
(iv)
an employee of a health care facility, as defined in Section 
26B-2-201
, to provide 
health care services to a patient of the health care facility; or
(v)
an individual whose employment duties include the maintenance or cleaning of 
the changing room.
(2)
An individual in a changing room has a reasonable expectation of privacy, satisfying the 
privacy element of the 
offense of voyeurism in 
Section 
76-9-702.7
.
following offenses:
(a)
voyeurism, as described in Section 
76-12-306
; and
(b)
recorded or photographed voyeurism, as described in Section 
76-12-307
.
(3)
An individual who knowingly enters a changing room in violation of Subsection (1) 
commits the offense of criminal trespass under Section 
76-6-206
 if the individual enters 
or remains in the changing room under circumstances which a reasonable person would 
expect to likely cause affront or alarm to, on, or in the presence of another individual.
(4)
The surgical provision described in Subsection (1)(a)(ii) does not shield an individual 
from the offense of lewdness related to genitalia under Subsection 
76-9-702(3)
76-5-419(6)
 or 
76-9-702.5(4)
76-5-420(5)
.
(5)
An individual may use the following evidence as a defense against an allegation that the 
individual is not eligible to access and use a sex-designated changing room under 
Subsection (1):
(a)
for an individual whose birth sex corresponds with the sex designation of the 
changing room:
(i)
an individual's unamended birth certificate that corresponds with the sex 
designation of the changing room, which may be supported with a review of any 
amendment history obtained under Section 
26B-8-125
; or
(ii)
documentation of a medical treatment or procedure that is consistent only with 
the sex designation of the changing room; or
(b)
for an individual whose birth sex does not correspond with the sex designation of the 
changing room:
(i)
the individual's amended birth certificate, which may be supported with a review 
of any amendment history obtained under Section 
26B-8-125
; and
(ii)
documentation that demonstrates that the individual has undergone a primary sex 
characteristic surgical procedure as defined in Section 
58-67-102
.
(6)
Subsection (1) does not apply to:
(a)
a unisex or single-occupant facility;
(b)
a changing room that is not open to the general public; or
(c)
an intersex individual.
Section 124, Section 
63G-31-304
 is amended to read:
63G-31-304
. Government entity facility compliance.
(1)
Except as provided under Section 
53G-8-211
, a government entity shall contact law 
enforcement if the entity receives a complaint or allegation regarding the following 
within a privacy space in a facility that is open to the general public:
(a)
an offense of lewdness 
under
as described in
 Section 
76-9-702
76-5-419
;
(b)
an offense of lewdness involving a child 
under
as described in
 Section 
76-9-702.5
76-5-420
;
(c)
voyeurism 
under
as described in
 Section 
76-9-702.7
76-12-306
;
(d)
recorded or photographed voyeurism as described in Section 
76-12-307
;
(e)
distribution of images obtained through voyeurism as described in Section 
76-12-308
;
(d)
(f)
loitering in a privacy space 
under
as described in
 Section 
76-9-702.8
76-12-309
; 
or
(e)
(g)
for a changing room described in Section 
63G-31-302
, an offense of criminal 
trespass under Subsection 
63G-31-302
(2).
(2)
To preserve the individual privacy of males and females in privacy spaces:
(a)
a government entity shall adopt a privacy compliance plan to address compliance 
with the government entity's duties under this chapter;
(b)
for construction of a new facility, a government entity shall ensure that the new 
construction includes a single-occupant facility; and
(c)
for existing privacy spaces, a government entity:
(i)
shall consider the feasibility of retrofitting or remodeling to include:
(A)
floor-to-ceiling walls and doors or similar privacy protections;
(B)
curtains; or
(C)
other methods of improving individual privacy within the facility that are 
comparable to the methods described in Subsections (2)(a)(i) and (ii); and
(ii)
may reduce the number of fixtures that state law requires by up to 20% to provide 
adequate space for the retrofitting or remodeling described in Subsection (2)(a).
(3)
A government entity shall ensure sufficient sex-designated privacy spaces through 
compliance with Sections 
15A-3-112
 and 
15A-3-304
 regarding unisex facilities.
Section 125, Section 
63I-1-276
 is amended to read:
63I-1-276
. Repeal dates: Title 76.
(1)
Subsection 
76-7-313
(6), regarding a report provided by the Department of Health and 
Human Services, is repealed July 1, 2027.
(2)
Section 
76-10-526.1
53-5a-303
, Information check before private sale of firearm, is 
repealed July 1, 2025.
Section 126, Section 
63I-2-276
 is amended to read:
63I-2-276
. Repeal dates: Title 76.
(1)
Subsection 
76-5-102.7
(2)(b), regarding assault or threat of violence against an employee 
of a health facility, is repealed January 1, 2027.
(2)
Subsection 
76-10-529
(9)
76-11-215(10)
, regarding data collection requirements for a 
law enforcement agency that issues a written warning, citation, or referral, is repealed 
December 31, 2031.
Section 127, Section 
63M-7-502
 is amended to read:
63M-7-502
. Definitions.
 As used in this part:
(1)
"Accomplice" means an individual who has engaged in criminal conduct as described in 
Section 
76-2-202
.
(2)
"Advocacy services provider" means the same as that term is defined in Section 
77-38-403
.
(3)
"Bodily injury" means physical pain, illness, or any impairment of physical condition.
(4)
"Claimant" means any of the following claiming reparations under this part:
(a)
a victim;
(b)
a dependent of a deceased victim; or
(c)
an individual or representative who files a reparations claim on behalf of a victim.
(5)
"Child" means an unemancipated individual who is under 18 years old.
(6)
"Collateral source" means any source of benefits or advantages for economic loss 
otherwise reparable under this part that the claimant has received, or that is readily 
available to the claimant from:
(a)
the offender;
(b)
the insurance of the offender or the victim;
(c)
the United States government or any of its agencies, a state or any of its political 
subdivisions, or an instrumentality of two or more states, except in the case on 
nonobligatory state-funded programs;
(d)
social security, Medicare, and Medicaid;
(e)
state-required temporary nonoccupational income replacement insurance or disability 
income insurance;
(f)
workers' compensation;
(g)
wage continuation programs of any employer;
(h)
proceeds of a contract of insurance payable to the claimant for the loss the claimant 
sustained because of the criminally injurious conduct;
(i)
a contract providing prepaid hospital and other health care services or benefits for 
disability; or
(j)
veteran's benefits, including veteran's hospitalization benefits.
(7)
(a)
"Confidential record" means a record in the custody of the office that relates to a 
claimant's eligibility for a reparations award.
(b)
"Confidential record" includes:
(i)
a reparations claim;
(ii)
any correspondence regarding:
(A)
the approval or denial of a reparations claim; or
(B)
the payment of a reparations award;
(iii)
a document submitted to the office in support of a reparations award;
(iv)
a medical or mental health treatment plan; and
(v)
an investigative report provided to the office by a law enforcement agency.
(8)
"Criminal justice system victim advocate" means the same as that term is defined in 
Section 
77-38-403
.
(9)
(a)
"Criminally injurious conduct" other than acts of war declared or not declared 
means conduct that:
(i)
is or would be subject to prosecution in this state under Section 
76-1-201
;
(ii)
occurs or is attempted;
(iii)
causes, or poses a substantial threat of causing, bodily injury or death;
(iv)
is punishable by fine, imprisonment, or death if the individual engaging in the 
conduct possessed the capacity to commit the conduct; and
(v)
does not arise out of the ownership, maintenance, or use of a motor vehicle, 
aircraft, or water craft, unless the conduct is:
(A)
intended to cause bodily injury or death;
(B)
punishable under Title 76, Chapter 5, Offenses Against the Individual; or
(C)
chargeable as an offense for driving under the influence of alcohol or drugs.
(b)
"Criminally injurious conduct" includes a felony violation of Section 
76-7-101
 and 
other conduct leading to the psychological injury of an individual resulting from 
living in a setting that involves a bigamous relationship.
(10)
(a)
"Dependent" means a natural person to whom the victim is wholly or partially 
legally responsible for care or support.
(b)
"Dependent" includes a child of the victim born after the victim's death.
(11)
"Dependent's economic loss" means loss after the victim's death of contributions of 
things of economic value to the victim's dependent, not including services the dependent 
would have received from the victim if the victim had not suffered the fatal injury, less 
expenses of the dependent avoided by reason of victim's death.
(12)
"Dependent's replacement services loss" means loss reasonably and necessarily 
incurred by the dependent after the victim's death in obtaining services in lieu of those 
the decedent would have performed for the victim's benefit if the victim had not suffered 
the fatal injury, less expenses of the dependent avoided by reason of the victim's death 
and not subtracted in calculating the dependent's economic loss.
(13)
"Director" means the director of the office.
(14)
"Disposition" means the sentencing or determination of penalty or punishment to be 
imposed upon an individual:
(a)
convicted of a crime;
(b)
found delinquent; or
(c)
against whom a finding of sufficient facts for conviction or finding of delinquency is 
made.
(15)
(a)
"Economic loss" means economic detriment consisting only of allowable 
expense, work loss, replacement services loss, and if injury causes death, dependent's 
economic loss and dependent's replacement service loss.
(b)
"Economic loss" includes economic detriment even if caused by pain and suffering 
or physical impairment.
(c)
"Economic loss" does not include noneconomic detriment.
(16)
"Elderly victim" means an individual who is 60 years old or older and who is a victim.
(17)
"Fraudulent claim" means a filed reparations based on material misrepresentation of 
fact and intended to deceive the reparations staff for the purpose of obtaining reparation 
funds for which the claimant is not eligible.
(18)
"Fund" means the Crime Victim Reparations Fund created in Section 
63M-7-526
.
(19)
(a)
"Interpersonal violence" means an act involving violence, physical harm, or a 
threat of violence or physical harm, that is committed by an individual who is or has 
been in a domestic, dating, sexual, or intimate relationship with the victim.
(b)
"Interpersonal violence" includes any attempt, conspiracy, or solicitation of an act 
described in Subsection (19)(a).
(20)
"Law enforcement agency" means a public or private agency having general police 
power and charged with making arrests in connection with enforcement of the criminal 
statutes and ordinances of this state or any political subdivision of this state.
(21)
"Law enforcement officer" means the same as that term is defined in Section 
53-13-103
.
(22)
(a)
"Medical examination" means a physical examination necessary to document 
criminally injurious conduct.
(b)
"Medical examination" does not include mental health evaluations for the 
prosecution and investigation of a crime.
(23)
"Mental health counseling" means outpatient and inpatient counseling necessitated as a 
result of criminally injurious conduct, is subject to rules made by the office in 
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(24)
"Misconduct" means conduct by the victim that was attributable to the injury or death 
of the victim as provided by rules made by the office in accordance with Title 63G, 
Chapter 3, Utah Administrative Rulemaking Act.
(25)
"Noneconomic detriment" means pain, suffering, inconvenience, physical impairment, 
and other nonpecuniary damage, except as provided in this part.
(26)
"Nongovernment organization victim advocate" means the same as that term is defined 
in Section 
77-38-403
.
(27)
"Nonpublic restitution record" means a restitution record that contains a claimant's 
medical or mental health information
(28)
"Pecuniary loss" does not include loss attributable to pain and suffering except as 
otherwise provided in this part.
(29)
"Offender" means an individual who has violated Title 76, Utah Criminal Code, 
through criminally injurious conduct regardless of whether the individual is arrested, 
prosecuted, or convicted.
(30)
"Offense" means a violation of Title 76, Utah Criminal Code.
(31)
"Office" means the director, the reparations and assistance officers, and any other staff 
employed for the purpose of carrying out the provisions of this part.
(32)
"Perpetrator" means the individual who actually participated in the criminally injurious 
conduct.
(33)
"Public restitution record" means a restitution record that does not contain a claimant's 
medical or mental health information.
(34)
(a)
"Rape crisis and services center" means a nonprofit entity that assists victims of 
sexual assault and victims' families by offering sexual assault crisis intervention and 
counseling through a sexual assault counselor.
(b)
"Rape crisis and services center" does not include a qualified institutional victim 
services provider as defined in Section 
53B-28-201
.
(35)
"Reparations award" means money or other benefits provided to a claimant or to 
another on behalf of a claimant after the day on which a reparations claim is approved 
by the office.
(36)
"Reparations claim" means a claimant's request or application made to the office for a 
reparations award.
(37)
(a)
"Reparations officer" means an individual employed by the office to investigate 
a claimant's request for reparations and award reparations under this part.
(b)
"Reparations officer" includes the director when the director is acting as a 
reparations officer.
(38)
"Replacement service loss" means expenses reasonably and necessarily incurred in 
obtaining ordinary and necessary services in lieu of those the injured individual would 
have performed, not for income but the benefit of the injured individual or the injured 
individual's dependents if the injured individual had not been injured.
(39)
(a)
"Representative" means the victim, immediate family member, legal guardian, 
attorney, conservator, executor, or an heir of an individual.
(b)
"Representative" does not include a service provider or collateral source.
(40)
"Restitution" means the same as that term is defined in Section 
77-38b-102
.
(41)
(a)
"Restitution record" means a record documenting payments made to, or on 
behalf of, a claimant by the office that the office relies on to support a restitution 
request made in accordance with Section 
77-38b-205
.
(b)
"Restitution record" includes:
(i)
a notice of restitution;
(ii)
an itemized list of payments;
(iii)
an invoice, receipt, or bill submitted to the office for reimbursement; and
(iv)
any documentation that the office relies on to establish a nexus between an 
offender's criminally injurious conduct and a reparations award made by the office.
(42)
"Secondary victim" means an individual who is traumatically affected by the 
criminally injurious conduct subject to rules made by the office in accordance with Title 
63G, Chapter 3, Utah Administrative Rulemaking Act.
(43)
"Service provider" means an individual or agency who provides a service to a claimant 
for a monetary fee, except attorneys as provided in Section 
63M-7-524
.
(44)
"Serious bodily injury" means the same as that term is defined in Section 
76-1-101.5
.
(45)
(a)
"Sexual assault" means any criminal conduct described in Title 76, Chapter 5, 
Part 4, Sexual Offenses.
(b)
"Sexual assault" does not include criminal conduct described in:
(i)
Section 
76-5-417
, enticing a minor;
(ii)
Section 
76-5-418
, sexual battery;
(iii)
Section 
76-5-419
, lewdness; or
(iv)
Section 
76-5-420
, lewdness involving a child.
(46)
"Sexual assault counselor" means an individual who:
(a)
is employed by or volunteers at a rape crisis and services center;
(b)
has a minimum of 40 hours of training in counseling and assisting victims of sexual 
assault; and
(c)
is under the supervision of the director of a rape crisis and services center or the 
director's designee.
(47)
"Strangulation" means any act involving the use of unlawful force or violence that:
(a)
impedes breathing or the circulation of blood; and
(b)
is likely to produce a loss of consciousness by:
(i)
applying pressure to the neck or throat of an individual; or
(ii)
obstructing the nose, mouth, or airway of an individual.
(48)
"Substantial bodily injury" means the same as that term is defined in Section 
76-1-101.5
.
(49)
(a)
"Victim" means an individual who suffers bodily or psychological injury or 
death as a direct result of:
(i)
criminally injurious conduct; or
(ii)
the production of pornography in violation of Section 
76-5b-201
 or 
76-5b-201.1
if the individual is a minor.
(b)
"Victim" does not include an individual who participated in or observed the judicial 
proceedings against an offender unless otherwise provided by statute or rule made in 
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(50)
"Work loss" means loss of income from work the injured victim would have performed 
if the injured victim had not been injured and expenses reasonably incurred by the 
injured victim in obtaining services in lieu of those the injured victim would have 
performed for income, reduced by any income from substitute work the injured victim 
was capable of performing but unreasonably failed to undertake.
Section 128, Section 
64-13-41
 is amended to read:
64-13-41
. Limitations on offender access to sexually explicit material.
(1)
As used in this section:
(a)
(i)
"Commercially published information or material" means any book, booklet, 
pamphlet, magazine, periodical, newsletter, or similar document, including 
stationery and greeting cards, and video and audio tapes, disks, or other recording, 
that is distributed or made available through any means or media for a commercial 
purpose.
(ii)
"Commercially published information or material" includes an extraction, 
photocopy, clipping, or electronically created copy made from any of the items 
under Subsection 
(1)(a)(i)
.
(b)
(i)
"Features nudity" means the information or material:
(A)
that, in the case of a one-time publication or issue, promotes itself based upon 
depictions of nudity or sexually explicit conduct; or
(B)
that, in the case of information or material other than under Subsection 
(1)(b)(i)(A)
, contains depictions of nudity or sexually explicit conduct on a 
routine or regular basis.
(ii)
The department may by rule, pursuant to 
Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act
, exclude from the definition in Subsection 
(1)(b)(i)
 information or material containing nudity that is illustrative of medical, 
educational, or anthropological content.
(c)
"Nudity" means a pictorial depiction where genitalia or female breasts are exposed.
(d)
"Offender" means any person who has been convicted of a crime and is housed in a 
prison, jail, youth detention facility, or community correctional center.
(e)
"Sexually explicit" means a pictorial depiction of actual or simulated sexual acts, 
including sexual intercourse, sodomy, or masturbation.
(f)
"State funds" means state or local funding provided to the department, and includes 
legislative appropriations to the department, dedicated credits, grants, and money for 
jail reimbursement to county correctional facilities under 
Title 64, Chapter 13, 
Department of Corrections - State Prison
, private providers, and contractors.
(2)
State funds may not be used to distribute or make available any commercially published 
information or material to an offender when the state employee, contractor, or private 
provider who has the authority to expend the funds knows that the commercially 
published information or material is sexually explicit or features nudity.
(3)
(a)
When the department rejects commercially published information or material for 
distribution to an offender under this section, the department shall advise the 
publisher or sender that it may request reconsideration by the department of the 
decision to reject the material. However, the department need advise the publisher or 
sender only once in the case of information or material that on a routine or regular 
basis either depicts sexually explicit material or features nudity.
(b)
The department shall make rules pursuant to 
Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act
, to establish an administrative reconsideration 
process.
(c)
For purposes of extraordinary relief under Rule 65B, Utah Rules of Civil Procedure, 
this administrative reconsideration process is a plain, speedy, and adequate legal 
remedy that must be exhausted before extraordinary relief is available.
(d)
There is no right to judicial review of the department's decision under this section to 
reject material for distribution.
(4)
This section does not apply to sexually explicit material used under 
Section 
76-10-1207.5
Subsection 
76-5c-110(1)
 for the assessment or treatment of an offender.
Section 129, Section 
67-5-22.7
 is amended to read:
67-5-22.7
. Multi-agency strike force to combat violent and other major felony 
crimes associated with illegal immigration and human trafficking -- Fraudulent 
Documents Identification Unit.
(1)
The Office of the Attorney General is authorized to administer and coordinate the 
operation of a multi-agency strike force to combat violent and other major felony crimes 
committed within the state that are associated with illegal immigration and human 
trafficking.
(2)
The office shall invite officers of the U.S. Immigration and Customs Enforcement and 
state and local law enforcement personnel to participate in this mutually supportive, 
multi-agency strike force to more effectively utilize their combined skills, expertise, and 
resources.
(3)
The strike force shall focus its efforts on detecting, investigating, deterring, and 
eradicating violent and other major felony criminal activity related to illegal 
immigration and human trafficking.
(4)
In conjunction with the strike force and subject to available funding, the Office of the 
Attorney General shall establish a Fraudulent Documents Identification Unit:
(a)
for the primary purpose of investigating, apprehending, and prosecuting individuals 
or entities that participate in the sale or distribution of fraudulent documents used for 
identification purposes;
(b)
to specialize in fraudulent identification documents created and prepared for 
individuals who are unlawfully residing within the state; and
(c)
to administer the Identity Theft Victims Restricted Account created under Subsection 
(5)
.
(5)
(a)
There is created a restricted account in the General Fund known as the "Identity 
Theft Victims Restricted Account."
(b)
The Identity Theft Victims Restricted Account shall consist of money appropriated 
to the Identity Theft Victims Restricted Account by the Legislature.
(c)
Subject to appropriations from the Legislature, beginning on the program start date, 
as defined in Section 
63G-12-102
, the Fraudulent Documents Identification Unit may 
expend the money in the Identity Theft Victims Restricted Account to pay a claim as 
provided in this Subsection 
(5)
 to a person who is a victim of identity theft 
prosecuted under Section
76-11-215
 or
76-6-1102
 or 
76-10-1801
.
(d)
To obtain payment from the Identity Theft Victims Restricted Account, a person 
shall file a claim with the Fraudulent Documents Identification Unit by no later than 
one year after the day on which an individual is convicted, pleads guilty to, pleads no 
contest to, pleads guilty in a similar manner to, or resolved by diversion or its 
equivalent an offense under Section
76-11-215
 or
76-6-1102
or 
76-10-1801
for the 
theft of the identity of the person filing the claim.
(e)
A claim filed under this Subsection 
(5)
 shall include evidence satisfactory to the 
Fraudulent Documents Identification Unit:
(i)
that the person is the victim of identity theft described in Subsection 
(5)(d)
; and
(ii)
of the actual damages experienced by the person as a result of the identity theft 
that are not recovered from a public or private source.
(f)
The Fraudulent Documents Identification Unit shall pay a claim from the Identity 
Theft Victims Restricted Account:
(i)
if the Fraudulent Documents Identification Unit determines that the person has 
provided sufficient evidence to meet the requirements of Subsection 
(5)(e)
;
(ii)
in the order that claims are filed with the Fraudulent Documents Identification 
Unit; and
(iii)
to the extent that it there is money in the Identity Theft Victims Restricted 
Account.
(g)
If there is insufficient money in the Identity Theft Victims Restrict Account when a 
claim is filed under this Subsection 
(5)
 to pay the claim in full, the Fraudulent 
Documents Identification Unit may pay a claim when there is sufficient money in the 
account to pay the claim in the order that the claims are filed.
(6)
The strike force shall make an annual report on its activities to the governor and the 
Legislature's Law Enforcement and Criminal Justice Interim Committee by December 1, 
together with any proposed recommendations for modifications to this section.
Section 130, Section 
67-5-40
, which is renumbered from Section 76-10-3114 is renumbered 
and amended to read:
76-10-3114
67-5-40
. Attorney General Litigation Fund.
(1)
(a)
There is created an expendable special revenue fund known as the Attorney 
General Litigation Fund for the purpose of providing funds to pay for:
(i)
any 
costs and expenses incurred by the state attorney general in relation to 
actions under state or federal antitrust, criminal laws, or civil proceedings under 
Title 13, Chapter 44, Protection of Personal Information Act
; and
(ii)
citizen education and outreach related to any item described in Subsection 
(1)(a)(i)
.
(b)
The funds described in Subsection 
(1)(a)
 are in addition to other funds as may be 
appropriated by the Legislature to the attorney general for the administration and 
enforcement of the laws of this state.
(c)
At the close of any fiscal year, any balance in the fund in excess of $4,000,000 shall 
be transferred to the General Fund.
(d)
The attorney general may expend money from the Attorney General Litigation Fund 
for the purposes in Subsection 
(1)(a)
.
(2)
(a)
All money received by the state or 
its
the state's
 agencies by reason of 
any
a
judgment, settlement, or compromise as the result of 
any
an
 action commenced, 
investigated, or prosecuted by the attorney general, after payment of any fines, 
restitution, payments, costs, or fees allocated by the court, shall be deposited 
in
into
the Attorney General Litigation Fund, except as provided in Subsection 
(2)(b)
.
(b)
(i)
Any expenses advanced by the attorney general in any of the actions under 
Subsection 
(1)(a)
 shall be credited to the Attorney General Litigation Fund.
(ii)
Any money recovered by the attorney general on behalf of 
any
a
 private person 
or public body other than the state shall be paid to those persons or bodies from 
funds remaining after payment of expenses under Subsection 
(2)(b)(i)
.
Section 131, Section 
72-10-901
 is amended to read:
72-10-901
. Definitions.
As used in this part, "weapon" means:
(1)
a firearm as that term is defined in Section 
76-10-501
76-11-101
; or
(2)
an object that in the manner of the object's use or intended use is capable of causing 
death, bodily injury, or damage to property, as determined according to the following 
factors:
(a)
the location and circumstances in which the object is used or possessed;
(b)
the primary purpose for which the object is made;
(c)
the character of the damage, if any, the object is likely to cause;
(d)
the manner in which the object is used;
(e)
whether the manner in which the object is used or possessed constitutes a potential 
imminent threat to public safety; and
(f)
the lawful purposes for which the object may be used.
Section 132, Section 
73-2-27
 is amended to read:
73-2-27
. Criminal penalties.
(1)
This section applies to offenses committed under:
(a)
Section 
73-1-14
;
(b)
Section 
73-1-15
;
(c)
Section 
73-2-20
;
(d)
Section 
73-3-3
;
(e)
Section 
73-3-26
;
(f)
Section 
73-3-29
;
(g)
Section 
73-5-9
;
(h)
Section 
76-10-201
76-9-1202
;
(i)
Section 
76-10-202
76-9-1203
; and
(j)
Section 
76-10-203
76-9-1204
.
(2)
Under circumstances not amounting to an offense with a greater penalty under 
Subsection 
76-6-106(2)(a)(ii)
, Section 
76-6-106.3
, or Section 
76-6-404
, violation of a 
provision listed in Subsection 
(1)
 is punishable:
(a)
as a felony of the third degree if:
(i)
the value of the water diverted or property damaged or taken is $2,500 or greater; 
and
(ii)
the person violating the provision has previously been convicted of violating the 
same provision;
(b)
as a class A misdemeanor if:
(i)
the value of the water diverted or property damaged or taken is $2,500 or greater; 
or
(ii)
the person violating the provision has previously been convicted of violating the 
same provision; or
(c)
as a class B misdemeanor if Subsection 
(2)(a)
 or 
(b)
 does not apply.
Section 133, Section 
73-29-102
 is amended to read:
73-29-102
. Definitions.
As used in this chapter:
(1)
"Division" means the Division of Wildlife Resources.
(2)
"Floating access" means the right to access public water flowing over private property 
for floating and fishing while floating upon the water.
(3)
"Impounded wetlands" means a wetland or wetland pond that is formed or the level of 
which is controlled by a dike, berm, or headgate that retains or manages the flow or 
depth of water, including connecting channels.
(4)
"Navigable water" means a water course that in its natural state without the aid of 
artificial means is useful for commerce and has a useful capacity as a public highway of 
transportation.
(5)
"Private property to which access is restricted" means privately owned real property:
(a)
that is cultivated land, as defined in Section 
23A-5-317
;
(b)
that is:
(i)
properly posted, as defined in Section 
23A-5-317
;
(ii)
posted as described in Subsection 
76-6-206(2)(b)(iii)
; or
(iii)
posted as described in Subsection 
76-6-206.3(2)(c)
;
(c)
that is fenced or enclosed as described in:
(i)
Subsection 
76-6-206(2)(b)(ii)
; or
(ii)
Subsection 
76-6-206.3(2)(b)
; or
(d)
that the owner or a person authorized to act on the owner's behalf has requested a 
person to leave as provided by:
(i)
Section 
23A-5-317
;
(ii)
Subsection 
76-6-206(2)(b)(i)
; or
(iii)
Subsection 
76-6-206.3(2)(a)
.
(6)
"Public access area" means the limited part of privately owned property that:
(a)
lies beneath or within three feet of a public water or that is the most direct, least 
invasive, and closest means of portage around an obstruction in a public water; and
(b)
is open to public recreational access under Section 
73-29-203
; and
(c)
can be accessed from an adjoining public assess area or public right-of-way.
(7)
"Public recreational access" means the right to engage in recreational access established 
in accordance with Section 
73-29-203
.
(8)
(a)
"Public water" means water:
(i)
described in Section 
73-1-1
; and
(ii)
flowing or collecting on the surface:
(A)
within a natural or realigned channel; or
(B)
in a natural lake, pond, or reservoir on a natural or realigned channel.
(b)
"Public water" does not include water flowing or collecting:
(i)
on impounded wetland;
(ii)
on a migratory bird production area, as defined in Section 
23A-13-101
;
(iii)
on private property in a manmade:
(A)
irrigation canal;
(B)
irrigation ditch; or
(C)
impoundment or reservoir constructed outside of a natural or realigned 
channel; or
(iv)
on a jurisdictional wetland described in 33 C.F.R. 328.3.
(9)
(a)
"Recreational access" means to use a public water and to touch a public access 
area incidental to the use of the public water for:
(i)
floating;
(ii)
fishing; or
(iii)
waterfowl hunting conducted:
(A)
in compliance with applicable law or rule, including Sections 
23A-5-314
, 
73-29-203
, and 
76-10-508
76-11-207
; and
(B)
so that the individual who engages in the waterfowl hunting shoots a firearm 
only while within a public access area and no closer than 600 feet of any 
dwelling.
(b)
"Recreational access" does not include:
(i)
hunting, except as provided in Subsection 
(9)(a)(iii)
;
(ii)
wading without engaging in activity described in Subsection 
(9)(a)
; or
(iii)
any other activity.
Section 134, Section 
76-1-301
 is amended to read:
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
(2)(a)(iv) or (v) or Subsection 
76-5-202
(2)(b).
(b)
"Predicate offense" means an offense described in Subsection 
76-5-203
(1)(a) 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)
an offense classified as a capital felony under Section 
76-3-103
;
(b)
aggravated murder under Section 
76-5-202
;
(c)
murder under Section 
76-5-203
;
(d)
manslaughter under Section 
76-5-205
;
(e)
child abuse homicide under Section 
76-5-208
;
(f)
aggravated kidnapping under Section 
76-5-302
;
(g)
child kidnapping under Section 
76-5-301.1
;
(h)
rape under Section 
76-5-402
;
(i)
rape of a child under Section 
76-5-402.1
;
(j)
object rape under Section 
76-5-402.2
;
(k)
object rape of a child under Section 
76-5-402.3
;
(l)
forcible sodomy under Section 
76-5-403
;
(m)
sodomy on a child under Section 
76-5-403.1
;
(n)
sexual abuse of a child under Section 
76-5-404.1
;
(o)
aggravated sexual abuse of a child under Section 
76-5-404.3
;
(p)
aggravated sexual assault under Section 
76-5-405
;
(q)
any predicate offense to a murder or aggravating offense to an aggravated murder;
(r)
aggravated human trafficking under Section 
76-5-310
;
(s)
aggravated human smuggling under Section 
76-5-310.1
;
(t)
aggravated exploitation of prostitution involving a child under Section 
76-10-1306
; 
or
(u)
(t)
human trafficking of a child under Section 
76-5-308.5
.
; or
(u)
aggravated exploitation of prostitution involving a child under Section 
76-5d-208
.
Section 135, Section 
76-2-304.5
 is amended to read:
76-2-304.5
. Mistake as to victim's age not a defense.
(1)
It is not a defense to the following offenses that the actor mistakenly believed the victim 
to be 14 years old or older at the time of the alleged offense or was unaware of the 
victim's true age:
(a)
child kidnapping, Section 
76-5-301.1
;
(b)
rape of a child, Section 
76-5-402.1
;
(c)
object rape of a child, Section 
76-5-402.3
;
(d)
sodomy on a child, Section 
76-5-403.1
;
(e)
sexual abuse of a child, Section 
76-5-404.1
;
(f)
aggravated sexual abuse of a child, Section 
76-5-404.3
;
(g)
unlawful kissing of a child, Section 
76-5-416.2
; or
(h)
an attempt to commit an offense listed in Subsections (1)(a) through (1)(g).
(2)
It is not a defense to the following offenses that the actor mistakenly believed the victim 
to be 16 years old or older at the time of the alleged offense or was unaware of the 
victim's true age:
(a)
unlawful sexual activity with a minor, Section 
76-5-401
;
(b)
sexual abuse of a minor, Section 
76-5-401.1
; or
(c)
an attempt to commit an offense listed in Subsection (2)(a) or (2)(b).
(3)
It is not a defense to the following offenses that the actor mistakenly believed the victim 
to be 18 years old or older at the time of the alleged offense or was unaware of the 
victim's true age:
(a)
human trafficking of a child, Section 
76-5-308.5
;
(b)
aggravated human trafficking, Section 
76-5-310
;
(c)
aggravated human smuggling, Section 
76-5-310.1
;
(d)
unlawful sexual conduct with a minor, Subsection 
76-5-401.2
(2)(a)(ii);
(e)
patronizing a 
prostitute
child involved in prostitution
, Section 
76-10-1303
76-5d-204
;
(f)
aggravated exploitation of prostitution, Section 
76-10-1306
76-5d-208
; or
(g)
sexual solicitation
 of a child
, Section 
76-10-1313
76-5d-210
.
Section 136, Section 
76-2-306
 is amended to read:
76-2-306
. Voluntary intoxication.
(1)
Voluntary intoxication is not a defense to a criminal charge unless such intoxication 
negates the existence of the mental state which is an element of the offense. 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.
(2)
Voluntary intoxication is not a defense to sexual offenses, as 
defined
described
 in 
Title 
76, Chapter 5, Part 4, Sexual Offenses
, other than Section 
76-5-417
, 
76-5-418
, 
76-5-419
, 
or 
76-5-420
.
Section 137, Section 
76-3-203.1
 is amended to read:
76-3-203.1
. Offenses committed in concert with three or more persons or in 
relation to a criminal street gang -- Notice -- Enhanced penalties.
(1)
As used in this section:
(a)
"Criminal street gang" means the same as that term is defined in Section 
76-9-802
.
(b)
"In concert with three or more persons" means:
(i)
the defendant was aided or encouraged by at least three 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; and
(B)
participated as a party to any offense listed in Subsection (4), (5), or (6).
(c)
"In concert with three or more persons" means, regarding intent:
(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 in accordance with this section is subject to an 
enhanced penalty as provided in Subsection (4), (5), or (6) if the trier of fact finds 
beyond a reasonable doubt that the person acted:
(a)
in concert with three 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)
(a)
For an offense listed in Subsection (4)(b), a person may be charged as follows:
(i)
for a class B misdemeanor, as a class A misdemeanor; and
(ii)
for a class A misdemeanor, as a third degree felony.
(b)
The following offenses are subject to Subsection (4)(a):
(i)
criminal mischief as described in Section 
76-6-106
;
(ii)
property damage or destruction as described in Section 
76-6-106.1
; and
(iii)
defacement by graffiti as described in Section 
76-6-107
.
(5)
(a)
For an offense listed in Subsection (5)(b), a person may be charged as follows:
(i)
for a class B misdemeanor, as a class A misdemeanor;
(ii)
for a class A misdemeanor, as a third degree felony; and
(iii)
for a third degree felony, as a second degree felony.
(b)
The following offenses are subject to Subsection (5)(a):
(i)
burglary, if committed in a dwelling as defined in Subsection 
76-6-202
(3)(b);
(ii)
any offense of obstructing government operations under Chapter 8, Part 3, 
Obstructing Governmental Operations, except Sections 
76-8-302
, 
76-8-303
, 
76-8-307
, 
76-8-308
, and 
76-8-312
;
(iii)
tampering with a witness under Section 
76-8-508
;
(iv)
retaliation against a witness, victim, or informant, or other violation of Section 
76-8-508.3
;
(v)
receiving or soliciting a bribe as a witness under Section 
76-8-508.7
;
(vi)
extortion or bribery to dismiss a criminal proceeding as defined in Section 
76-8-509
;
(vii)
any weapons offense under 
Chapter 10, Part 5, Weapons
Chapter 11, Weapons
; 
and
(viii)
any violation of 
Chapter 10, Part 16, Pattern of Unlawful Activity Act
Chapter 
17, Part 4, Offenses Concerning Patterns of Unlawful Activity
.
(6)
(a)
For an offense listed in Subsection (6)(b), a person may be charged as follows:
(i)
for a class B misdemeanor, as a class A misdemeanor;
(ii)
for a class A misdemeanor, as a third degree felony;
(iii)
for a third degree felony, as a second degree felony; and
(iv)
for a second degree felony, as a first degree felony.
(b)
The following offenses are subject to Subsection (6)(a):
(i)
assault and related offenses under Chapter 5, Part 1, Assault and Related Offenses;
(ii)
any criminal homicide offense under Chapter 5, Part 2, Criminal Homicide;
(iii)
kidnapping and related offenses under Chapter 5, Part 3, Kidnapping, 
Trafficking, and Smuggling;
(iv)
any felony sexual offense under Chapter 5, Part 4, Sexual Offenses
, other than 
enticing a minor under Section 
76-5-417
, lewdness under Section 
76-5-419
, or 
lewdness involving a child under Section 
76-5-420
;
(v)
sexual exploitation of a minor as defined in Section 
76-5b-201
;
(vi)
aggravated sexual exploitation of a minor as defined in Section 
76-5b-201.1
;
(vii)
robbery and aggravated robbery under Chapter 6, Part 3, Robbery; and
(viii)
aggravated exploitation of prostitution under Section 
76-10-1306
76-5d-208
.
(7)
The sentence imposed under Subsection (4), (5), or (6) may be suspended and the 
individual placed on probation for the higher level of offense.
(8)
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.
Section 138, Section 
76-3-203.3
 is amended to read:
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)(a);
(c)
any criminal trespass offense under Sections 
76-6-204
 and 
76-6-206
;
(d)
any misdemeanor theft offense under Chapter 6, Offenses Against Property;
(e)
any offense of obstructing government operations under Sections 
76-8-301
, 
76-8-301.2
, 
76-8-302
, 
76-8-305
, 
76-8-306
, 
76-8-307
, 
76-8-308
, 
76-8-309.2
, 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
, other than Section 
76-9-105.5
, 
76-9-105.6
, 
76-9-110
, 
76-9-111
, 
76-9-112
, 
76-9-113
, or 
76-9-114
;
(h)
any telephone abuse offense under 
Title 76, Chapter 9, Part 2, Electronic 
Communication and Telephone Abuse
Sections 
76-12-202
, 
76-12-203
, 
76-12-204
, 
and 
76-12-206
;
(i)
any cruelty to animals offense under 
Section 
76-9-301
Sections 
76-13-202
, 
76-13-203
, and 
76-13-204
;
(j)
any weapons offense under Section 
76-10-506
76-11-205
; or
(k)
a violation of Section 
76-9-102
, if the violation occurs at an official meeting.
(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.
Section 139, Section 
76-3-203.5
 is amended to read:
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.
(c)
"Violent felony" means:
(i)
any of the following offenses, or any attempt, solicitation, or conspiracy to 
commit any of the following offenses punishable as a felony:
(A)
arson as described in Section 
76-6-102
;
(B)
causing a catastrophe as described in Subsection 
76-6-105
(3)(a) or (3)(b);
(C)
criminal mischief as described in Section 
76-6-106
;
(D)
aggravated arson as described in Section 
76-6-103
;
(E)
assault by prisoner as described in Section 
76-5-102.5
;
(F)
disarming a police officer as described in Section 
76-5-102.8
;
(G)
aggravated assault as described in Section 
76-5-103
;
(H)
aggravated assault by prisoner as described in Section 
76-5-103.5
;
(I)
mayhem as described in Section 
76-5-105
;
(J)
stalking as described in Subsection 
76-5-106.5
(2);
(K)
threat of terrorism as described in Section 
76-5-107.3
;
(L)
aggravated child abuse as described in Subsection 
76-5-109.2
(3)(a) or (b);
(M)
commission of domestic violence in the presence of a child as described in 
Section 
76-5-114
;
(N)
abuse or neglect of a child with a disability as described in Section 
76-5-110
;
(O)
abuse or exploitation of a vulnerable adult as described in Section 
76-5-111
, 
76-5-111.2
, 
76-5-111.3
, or 
76-5-111.4
;
(P)
endangerment of a child or vulnerable adult as described in Section 
76-5-112.5
;
(Q)
an offense described in Chapter 5, Part 2, Criminal Homicide;
(R)
kidnapping as described in Section 
76-5-301
;
(S)
child kidnapping as described in Section 
76-5-301.1
;
(T)
aggravated kidnapping as described in Section 
76-5-302
;
(U)
rape as described in Section 
76-5-402
;
(V)
rape of a child as described in Section 
76-5-402.1
;
(W)
object rape as described in Section 
76-5-402.2
;
(X)
object rape of a child as described in Section 
76-5-402.3
;
(Y)
forcible sodomy as described in Section 
76-5-403
;
(Z)
sodomy on a child as described in Section 
76-5-403.1
;
(AA)
forcible sexual abuse as described in Section 
76-5-404
;
(BB)
sexual abuse of a child as described in Section 
76-5-404.1
;
(CC)
aggravated sexual abuse of a child as described in Section 
76-5-404.3
;
(DD)
aggravated sexual assault as described in Section 
76-5-405
;
(EE)
sexual exploitation of a minor as described in Section 
76-5b-201
;
(FF)
aggravated sexual exploitation of a minor as described in Section 
76-5b-201.1
;
(GG)
sexual exploitation of a vulnerable adult as described in Section 
76-5b-202
;
(HH)
aggravated exploitation of prostitution as described in Subsection 
76-5d-208(2)(a)
;
(HH)
(II)
burglary as described in Subsection 
76-6-202
(3)(b);
(II)
(JJ)
aggravated burglary as described in Section 
76-6-203
;
(JJ)
(KK)
robbery as described in Section 
76-6-301
;
(KK)
(LL)
aggravated robbery as described in Section 
76-6-302
;
(LL)
(MM)
theft by extortion as described in Subsection 
76-6-406
(1)(a)(i) or 
(1)(a)(ii);
(MM)
(NN)
tampering with a witness as described in Section 
76-8-508
;
(NN)
(OO)
retaliation against a witness, victim, or informant as described in 
Section 
76-8-508.3
;
(OO)
(PP)
tampering or retaliating against a juror as described in Subsection 
76-8-508.5
(2)(a)(iii);
(PP)
(QQ)
extortion to dismiss a criminal proceeding as described in Subsection 
76-6-406
(1)(a)(i), (ii), or (ix);
(QQ)
possession, use, or removal of explosive, chemical, or incendiary devices as 
described in Subsections 
76-10-306
(3) through (6);
(RR)
bus hijacking as described in Section 
76-9-1502
;
(SS)
assault with intent to commit bus hijacking as described in Section 
76-9-1503
;
(TT)
purchase or possession of a dangerous weapon or handgun by a restricted 
person as described in Section 
76-11-302
;
(RR)
(UU)
unlawful delivery of explosive, chemical, or incendiary devices as 
described in Section 
76-10-307
76-15-209
;
(VV)
unlawful conduct involving an explosive, chemical, or incendiary device as 
described in Section 
76-15-210
;
(WW)
unlawful conduct involving an explosive, chemical, or incendiary part as 
described in Section 
76-15-211
; and
(SS)
purchase or possession of a dangerous weapon or handgun by a restricted 
person as described in Section 
76-10-503
;
(TT)
aggravated exploitation of prostitution as described in Subsection 
76-10-1306
(1)(a);
(UU)
bus hijacking as described in Section 
76-10-1504
; and
(VV)
(XX)
discharging firearms and hurling missiles
unlawful discharge of a 
firearm or hurling of a missile into a bus or terminal
 as described in Section 
76-10-1505
76-9-1504
; 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
(c)
first degree felony remains the penalty for a first degree penalty except:
(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
(C)
the defendant's plea was understandingly or voluntarily entered.
(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)
(i)
Notwithstanding Subsection (5)(a)
,
 and except as provided in Subsection 
(5)(b)(ii)
,
 the "violent felony" offense defined in Subsection (1)(c) shall include 
any felony sexual offense violation of Chapter 5, Part 4, Sexual Offenses, to 
determine if the convicted person is a habitual violent offender.
(ii)
The "violent felony" offense defined in Subsection (1)(c) does not include any 
felony sexual offense violation of:
(A)
enticing a minor, Section 
76-5-417
;
(B)
lewdness, Section 
76-5-419
; or
(C)
lewdness involving a child, Section 
76-5-420
.
(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
(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.
Section 140, Section 
76-3-203.12
 is amended to read:
76-3-203.12
. Enhanced penalty for sexual offenses committed by a person with 
human immunodeficiency virus, acquired immunodeficiency virus, hepatitis B, or 
hepatitis C.
(1)
As used in this section:
(a)
"Sexual offense" means an offense described in Chapter 5, Part 4, Sexual Offenses.
(b)
"Sexual offense" does not include:
(i)
enticing a minor, as described in Section 
76-5-417
;
(ii)
sexual battery, as described in Section 
76-5-418
;
(iii)
lewdness, as described in Section 
76-5-419
; or
(iv)
lewdness involving a child, as described in Section 
76-5-420
.
(1)
(2)
A person convicted of a sexual offense 
described in 
Chapter 5, Part 4, Sexual 
Offenses
, 
is subject to an enhanced penalty if at the time of the sexual offense the 
person was infected with 
Human Immunodeficiency Virus, Acquired 
Immunodeficiency Virus
human immunodeficiency virus, acquired immunodeficiency 
virus
, hepatitis B, or hepatitis C and the person knew of the infection.
(2)
(3)
(a)
Except as provided in Subsection 
(2)(b)
(3)(b)
, the enhancement of a penalty 
described in Subsection 
(1)
(2)
 shall be an enhancement of one classification higher 
than the root offense for which the person was convicted.
(b)
A felony of the first degree is not enhanced under this section. 
Section 141, Section 
76-3-209
 is amended to read:
76-3-209
. Limitation on sentencing for crimes committed by juveniles.
(1)
As used in this section, "qualifying sexual offense" means:
(a)
an offense described in 
Chapter 5, Part 4, Sexual Offenses
;
(b)
Section 
76-9-702
, lewdness;
(c)
Section 
76-9-702.1
, sexual battery; or
(d)
Section 
76-9-702.5
, lewdness involving a child.
(1)
As used in this section:
(a)
"Qualifying sexual offense" means an offense described in Chapter 5, Part 4, Sexual 
Offenses.
(b)
"Qualifying sexual offense" does not include enticing a minor as described in Section 
76-5-417
.
(2)
(a)
This Subsection 
(2)
 only applies prospectively to an individual sentenced on or 
after May 10, 2016.
(b)
Notwithstanding any provision of law, an individual may not be sentenced to life 
without parole if:
(i)
the individual is convicted of a crime punishable by life without parole; and
(ii)
at the time the individual committed the crime, the individual was under 18 years 
old.
(c)
The maximum punishment that may be imposed on an individual described in 
Subsection 
(2)(b)
 is an indeterminate prison term of not less than 25 years and that 
may be for life.
(3)
Except as provided in Subsection 
(4)
, if an individual is convicted in district court of a 
qualifying sexual offense and, at the time of the offense, the individual was at least 14 
years old, but under 18 years old:
(a)
the district court shall impose a sentence consistent with the disposition that would 
have been made in juvenile court; and
(b)
the district court may not impose incarceration unless the court enters specific 
written findings that incarceration is warranted based on a totality of the 
circumstances, taking into account:
(i)
the time that elapsed after the individual committed the offense;
(ii)
the age of the individual at the time of the offense;
(iii)
the age of the victim at the time of the offense;
(iv)
the criminal history of the individual after the individual committed the offense;
(v)
any treatment assessments or validated risk tools; and
(vi)
public safety concerns.
(4)
Subsection 
(3)
 does not apply if:
(a)
before the individual described in Subsection 
(3)
 is convicted of the qualifying 
sexual offense, the individual is convicted of a qualifying sexual offense that the 
individual committed when the individual was 18 years old or older;
(b)
the individual is convicted in district court, before the victim is 18 years old, of a 
violation of Section 
76-5-405
, aggravated sexual assault; or
(c)
the conviction occurred in district court after the individual was:
(i)
charged by criminal information in the juvenile court for the qualifying sexual 
offense in accordance with Section 
80-6-503
; and
(ii)
bound over to the district court for the qualifying sexual offense in accordance 
with Section 
80-6-504
.
(5)
If the district court imposes incarceration under Subsection 
(3)(b)
, the term of 
incarceration may not exceed:
(a)
seven years for a violation of Section 
76-5-405
, aggravated sexual assault;
(b)
except as provided in Subsection 
(5)(a)
, four years for a felony violation of 
Chapter 
5, Part 4, Sexual Offenses
, other than Section 
76-5-417
, 
76-5-419
, or 
76-5-420
; or
(c)
the maximum sentence described in Section 
76-3-204
 for
:
(i)
a misdemeanor violation of 
Chapter 5, Part 4, Sexual Offenses
;
, other than 
Section 
76-5-417
.
(ii)
a violation of Section 
76-9-702
, lewdness;
(iii)
a violation of Section 
76-9-702.1
, sexual battery; or
(iv)
a violation of Section 
76-9-702.5
, lewdness involving a child.
Section 142, Section 
76-3-402
 is amended to read:
76-3-402
. Conviction of lower degree of offense -- Procedure and limitations.
(1)
As used in this section:
(a)
"Lower degree of offense" includes an offense for which:
(i)
a statutory enhancement is charged in the information or indictment that would 
increase either the maximum or the minimum sentence; and
(ii)
the court removes the statutory enhancement in accordance with this section.
(b)
"Minor regulatory offense" means the same as that term is defined in Section 
77-40a-101
.
(c)
(i)
"Rehabilitation program" means a program designed to reduce criminogenic 
and recidivism risks.
(ii)
"Rehabilitation program" includes:
(A)
a domestic violence treatment program, as that term is defined in Section 
26B-2-101
;
(B)
a residential, vocational, and life skills program, as that term is defined in 
Section 
13-53-102
;
(C)
a substance abuse treatment program, as that term is defined in Section 
26B-2-101
;
(D)
a substance use disorder treatment program, as that term is defined in Section 
26B-2-101
;
(E)
a youth program, as that term is defined in Section 
26B-2-101
;
(F)
a program that meets the standards established by the Department of 
Corrections under Section 
64-13-25
;
(G)
a drug court, a veterans court, or a mental health court certified by the Judicial 
Council; or
(H)
a program that is substantially similar to a program described in Subsections 
(1)(c)(ii)(A) through (G).
(d)
"Serious offense" means a felony or misdemeanor offense that is not a minor 
regulatory offense or a traffic offense.
(e)
"Traffic offense" means the same as that term is defined in Section 
77-40a-101
.
(f)
(i)
Except as provided in Subsection (1)(f)(ii), "violent felony" means the same as 
that term is defined in Section 
76-3-203.5
.
(ii)
"Violent felony" does not include an offense, or any attempt, solicitation, or 
conspiracy to commit an offense, for:
(A)
the possession, use, or removal of explosive, chemical, or incendiary devices 
under Subsection 
76-10-306
(3), (5), or (6); or
(B)
(A)
the purchase or possession of a dangerous weapon or handgun by a 
restricted person under Section 
76-10-503
.
76-11-302
;
(B)
unlawful conduct involving an explosive, chemical, or incendiary device 
under Subsection 
76-15-210
(2)(a); or
(C)
unlawful conduct involving an explosive, chemical, or incendiary part under 
Section 
76-15-211
.
(2)
The court may enter a judgment of conviction for a lower degree of offense than 
established by statute and impose a sentence at the time of sentencing for the lower 
degree of offense if the court:
(a)
takes into account:
(i)
the nature and circumstances of the offense of which the defendant was found 
guilty; and
(ii)
the history and character of the defendant;
(b)
gives any victim present at the sentencing and the prosecuting attorney an 
opportunity to be heard; and
(c)
concludes that the degree of offense established by statute would be unduly harsh to 
record as a conviction on the record for the defendant.
(3)
Upon a motion from the prosecuting attorney or the defendant, the court may enter a 
judgment of conviction for a lower degree of offense than established by statute:
(a)
after the defendant is successfully discharged from probation or parole for the 
conviction; and
(b)
if the court finds that entering a judgment of conviction for a lower degree of offense 
is in the interest of justice in accordance with Subsection (7).
(4)
Upon a motion from the prosecuting attorney or the defendant, the court may enter a 
judgment of conviction for a lower degree of offense than established by statute if:
(a)
the defendant's probation or parole for the conviction did not result in a successful 
discharge but the defendant is successfully discharged from probation or parole for a 
subsequent conviction of an offense;
(b)
(i)
at least five years have passed after the day on which the defendant is sentenced 
for the subsequent conviction; or
(ii)
at least three years have passed after the day on which the defendant is sentenced 
for the subsequent conviction and the prosecuting attorney consents to the 
reduction;
(c)
the defendant is not convicted of a serious offense during the time period described 
in Subsection (4)(b);
(d)
there are no criminal proceedings pending against the defendant;
(e)
the defendant is not on probation, on parole, or currently incarcerated for any other 
offense;
(f)
if the offense for which the reduction is sought is a violent felony, the prosecuting 
attorney consents to the reduction; and
(g)
the court finds that entering a judgment of conviction for a lower degree of offense is 
in the interest of justice in accordance with Subsection (7).
(5)
Upon a motion from the prosecuting attorney or the defendant, the court may enter a 
judgment of conviction for a lower degree of offense than established by statute if:
(a)
the defendant's probation or parole for the conviction did not result in a successful 
discharge but the defendant is successfully discharged from a rehabilitation program;
(b)
at least three years have passed after the day on which the defendant is successfully 
discharged from the rehabilitation program;
(c)
the defendant is not convicted of a serious offense during the time period described 
in Subsection (5)(b);
(d)
there are no criminal proceedings pending against the defendant;
(e)
the defendant is not on probation, on parole, or currently incarcerated for any other 
offense;
(f)
if the offense for which the reduction is sought is a violent felony, the prosecuting 
attorney consents to the reduction; and
(g)
the court finds that entering a judgment of conviction for a lower degree of offense is 
in the interest of justice in accordance with Subsection (7).
(6)
Upon a motion from the prosecuting attorney or the defendant, the court may enter a 
judgment of conviction for a lower degree of offense than established by statute if:
(a)
at least five years have passed after the day on which the defendant's probation or 
parole for the conviction did not result in a successful discharge;
(b)
the defendant is not convicted of a serious offense during the time period described 
in Subsection (6)(a);
(c)
there are no criminal proceedings pending against the defendant;
(d)
the defendant is not on probation, on parole, or currently incarcerated for any other 
offense;
(e)
if the offense for which the reduction is sought is a violent felony, the prosecuting 
attorney consents to the reduction; and
(f)
the court finds that entering a judgment of conviction for a lower degree of offense is 
in the interest of justice in accordance with Subsection (7).
(7)
In determining whether entering a judgment of a conviction for a lower degree of 
offense is in the interest of justice under Subsection (3), (4), (5), or (6):
(a)
the court shall consider:
(i)
the nature, circumstances, and severity of the offense for which a reduction is 
sought;
(ii)
the physical, emotional, or other harm that the defendant caused any victim of the 
offense for which the reduction is sought; and
(iii)
any input from a victim of the offense; and
(b)
the court may consider:
(i)
any special characteristics or circumstances of the defendant, including the 
defendant's criminogenic risks and needs;
(ii)
the defendant's criminal history;
(iii)
the defendant's employment and community service history;
(iv)
whether the defendant participated in a rehabilitative program and successfully 
completed the program;
(v)
any effect that a reduction would have on the defendant's ability to obtain or 
reapply for a professional license from the Department of Commerce;
(vi)
whether the level of the offense has been reduced by law after the defendant's 
conviction;
(vii)
any potential impact that the reduction would have on public safety; or
(viii)
any other circumstances that are reasonably related to the defendant or the 
offense for which the reduction is sought.
(8)
(a)
A court may only enter a judgment of conviction for a lower degree of offense 
under Subsection (3), (4), (5), or (6) after:
(i)
notice is provided to the other party;
(ii)
reasonable efforts have been made by the prosecuting attorney to provide notice 
to any victims; and
(iii)
a hearing is held if a hearing is requested by either party.
(b)
A prosecuting attorney is entitled to a hearing on a motion seeking to reduce a 
judgment of conviction for a lower degree of offense under Subsection (3), (4), (5), 
or (6).
(c)
In a motion under Subsection (3), (4), (5), or (6) and at a requested hearing on the 
motion, the moving party has the burden to provide evidence sufficient to 
demonstrate that the requirements under Subsection (3), (4), (5), or (6) are met.
(d)
If a defendant files a motion under this section, the prosecuting attorney shall 
respond to the motion within 35 days after the day on which the motion is filed with 
the court.
(9)
A court has jurisdiction to consider and enter a judgment of conviction for a lower 
degree of offense under Subsection (3), (4), (5), or (6) regardless of whether the 
defendant is committed to jail as a condition of probation or is sentenced to prison.
(10)
(a)
An offense may be reduced only one degree under this section, unless the 
prosecuting attorney specifically agrees in writing or on the court record that the 
offense may be reduced two degrees.
(b)
An offense may not be reduced under this section by more than two degrees.
(11)
This section does not preclude an individual from obtaining or being granted an 
expungement of the individual's record in accordance with Title 44, Chapter 40A, 
Expungement of Criminal Records.
(12)
The court may not enter a judgment for a conviction for a lower degree of offense 
under this section if:
(a)
the reduction is specifically precluded by law; or
(b)
any unpaid balance remains on court-ordered restitution for the offense for which the 
reduction is sought.
(13)
When the court enters a 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.
(14)
(a)
An individual may not obtain a reduction under this section of a conviction that 
requires the individual to register as a sex offender, kidnap offender, or child abuse 
offender until the registration requirements under Title 77, Chapter 41, Sex, Kidnap, 
and Child Abuse Offender Registry, have expired.
(b)
An individual required to register as a sex offender, kidnap offender, or child abuse 
offender for the individual'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 
individual to register as a sex offender, kidnap offender, or child abuse offender.
Section 143, Section 
76-3-407
 is amended to read:
76-3-407
. Repeat and habitual sex offenders -- Additional prison term for prior 
felony convictions.
(1)
As used in this section:
(a)
(i)
"Prior sexual offense" means:
(i)
(A)
a felony offense described in 
Chapter 5, Part 4, Sexual Offenses
;
(ii)
(B)
sexual exploitation of a minor, Section 
76-5b-201
;
(iii)
(C)
aggravated sexual exploitation of a minor, Section 
76-5b-201.1
;
(iv)
a felony offense of enticing a minor, Section 
76-4-401
;
(v)
(D)
a felony attempt to commit an offense described in Subsections 
(1)(a)(i)
through 
(iv)
(1)(a)(i)(A) through (C)
; or
(vi)
(E)
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 
(v)
(1)(a)(i)(A) through (D)
.
(ii)
"Prior sexual offense" does not include:
(A)
lewdness, as described in Section 
76-5-419
; or
(B)
lewdness involving a child, as described in Section 
76-5-420
.
(b)
(i)
"Sexual offense" means:
(i)
(A)
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 
Chapter 5, Part 4, Sexual Offenses
;
(ii)
(B)
sexual exploitation of a minor, Section 
76-5b-201
;
(iii)
(C)
aggravated sexual exploitation of a minor, Section 
76-5b-201.1
;
(iv)
a felony offense of enticing a minor, Section 
76-4-401
;
(v)
(D)
a felony attempt to commit an offense described in Subsections 
(1)(b)(ii)
through 
(iv)
;
(1)(b)(i)(B) and (C);
 or
(vi)
(E)
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 
(v)
.
(1)(b)(i)(A) through (D).
(ii)
"Sexual offense" does not include:
(A)
lewdness, as described in Section 
76-5-419
; or
(B)
lewdness involving a child, as described in Section 
76-5-420
.
(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.
Section 144, Section 
76-4-102
 is amended to read:
76-4-102
. Attempt -- Classification of offenses.
(1)
Criminal attempt to commit:
(a)
(i)
a capital felony, or a felony punishable by imprisonment for life without parole, 
is a first degree felony;
(ii)
except as provided in Subsection 
(2)
, an attempt to commit aggravated murder, 
Section 
76-5-202
, which results in serious bodily injury, is punishable by 
imprisonment for an indeterminate term of not fewer than 15 years and which may 
be for life;
(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
, 
other than Section 
76-5-417
, 
that are first 
degree felonies;
(d)
except as provided in Subsection 
(3)
, 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)(a)(ii)
, a court finds that a lesser term 
than the term described in Subsection 
(1)(a)(ii)
 is in the interests of justice and the court 
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)
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
(c)
three years and which may be for life.
Section 145, Section 
76-4-202
 is amended to read:
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, Sexual Offenses
, 
other than Section 
76-5-417
, 
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.
Section 146, Section 
76-4-203
 is amended to read:
76-4-203
. Criminal solicitation of an adult.
(1)
(a)
As used in this section:
(i)
"Adult" means an individual who is 18 years old or older.
(ii)
"Solicit" means to ask, command, encourage, importune, offer to hire, or request.
(b)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
An actor commits criminal solicitation of an adult if, with the intent that a felony 
offense be committed, the actor solicits an adult to engage in specific conduct that, under 
the circumstances as the actor believes the circumstances to be, would be a felony 
offense or would cause the adult to be a party to the commission of a felony offense.
(3)
A violation of Subsection (2) where the actor solicits the adult 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 (3)(c) or (d), a first degree felony is a second 
degree felony;
(c)
any of the following felony 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, as described in Subsection 
76-5-203
(2)(a);
(ii)
child kidnapping, as described in Section 
76-5-301.1
; or
(iii)
except as provided in Subsection (3)(d), an offense described in Title 76, Chapter 
5, Part 4, Sexual Offenses, 
other than Section 
76-5-417
, 
that is a first degree 
felony;
(d)
except as provided in Subsection (4), any of the following felony 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.
(4)
If a court finds that a lesser term than the term described in Subsection (3)(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
(c)
three years and which may be for life.
(5)
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.
(6)
It is not a defense to a violation of this section that:
(a)
the adult solicited by the actor:
(i)
does not agree to act upon the solicitation;
(ii)
does not commit an overt act;
(iii)
does not engage in conduct constituting a substantial step toward the commission 
of any offense;
(iv)
is not criminally responsible for the felony offense solicited;
(v)
was acquitted, was not prosecuted or convicted, or was convicted of a different 
offense or of a different type or degree of offense; or
(vi)
is immune from prosecution; or
(b)
the actor:
(i)
belongs to a class of persons that by definition is legally incapable of committing 
the offense in an individual capacity; or
(ii)
fails to communicate with the adult that the actor solicits to commit an offense if 
the intent of the actor's conduct was to effect the communication.
(7)
Nothing in this section prevents an actor who otherwise solicits an adult to engage, or 
intentionally aids an adult in engaging, in conduct that constitutes an offense from being 
prosecuted and convicted as a party to the offense under Section 
76-2-202
 if the adult 
actually commits the offense.
Section 147, Section 
76-5-102.8
 is amended to read:
76-5-102.8
. Disarming a peace officer -- Penalties.
(1)
(a)
As used in this section:
(i)
"Conductive energy device" means a weapon that uses electrical current to disrupt 
voluntary control of muscles.
(ii)
"Firearm" means the same as that term is defined in Section 
76-10-501
76-11-101
.
(b)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
An actor commits disarming a peace officer if the actor intentionally takes or removes, 
or attempts to take or remove a firearm or a conductive energy device from an individual 
or immediate presence of an individual who 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 the peace officer's authority as a 
peace officer.
(3)
(a)
A violation of Subsection 
(2)
 regarding a firearm is a first degree felony.
(b)
A violation of Subsection 
(2)
 regarding a conductive energy device is a third degree 
felony.
Section 148, Section 
76-5-104
 is amended to read:
76-5-104
. Consensual altercation.
(1)
As used in this section, "ultimate fighting match" means the same as that term is defined 
in Section 
76-9-705
76-9-112
.
(2)
In any prosecution for criminal homicide under 
Part 2, Criminal Homicide
, or assault as 
that offense is described in Section 
76-5-102
, 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:
(a)
any dangerous weapon was used; or
(b)
the defendant was engaged in an ultimate fighting match.
Section 149, Section 
76-5-106.5
 is amended to read:
76-5-106.5
. Stalking -- Definitions -- Injunction -- Penalties -- Duties of law 
enforcement officer.
(1)
(a)
As used in this section:
(i)
"Course of conduct" means two or more acts directed at or toward a specific 
individual, including:
(A)
acts in which the actor follows, monitors, observes, photographs, surveils, 
threatens, or communicates to or about an individual, or interferes with an 
individual's property:
(I)
directly, indirectly, or through any third party; and
(II)
by any action, method, device, or means; or
(B)
when the actor engages in any of the following acts or causes someone else to 
engage in any of these acts:
(I)
approaches or confronts an individual;
(II)
appears at the individual's workplace or contacts the individual's employer 
or coworker;
(III)
appears at an individual's residence or contacts an individual's neighbor, or 
enters property owned, leased, or occupied by an individual;
(IV)
sends material by any means to the individual or for the purpose of 
obtaining or disseminating information about or communicating with the 
individual to a member of the individual's family or household, employer, 
coworker, friend, or associate of the individual;
(V)
places an object on or delivers an object to property owned, leased, or 
occupied by an individual, or to the individual's place of employment with 
the intent that the object be delivered to the individual; or
(VI)
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.
(ii)
(A)
"Emotional distress" means significant mental or psychological suffering, 
whether or not medical or other professional treatment or counseling is 
required.
(B)
"Emotional distress" includes significant mental or psychological suffering 
resulting from harm to an animal.
(iii)
"Immediate family" means a spouse, parent, child, sibling, or any other 
individual who regularly resides in the household or who regularly resided in the 
household within the prior six months.
(iv)
"Private investigator" means the same as that term is defined in Section 
76-9-408
76-12-305
.
(v)
"Reasonable person" means a reasonable person in the victim's circumstances.
(vi)
"Stalking" means an offense as described in Subsection (2).
(vii)
"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 individual's telephone or computer by addressing the communication to 
the recipient's telephone number.
(b)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
An actor commits stalking if the actor intentionally or knowingly:
(a)
engages in a course of conduct directed at a specific individual and knows or is 
reckless as to whether the course of conduct would cause a reasonable person:
(i)
to fear for the individual's own safety or the safety of a third individual; or
(ii)
to suffer other emotional distress; or
(b)
violates:
(i)
a stalking injunction issued under Title 78B, Chapter 7, Part 7, Civil Stalking 
Injunctions; or
(ii)
a permanent criminal stalking injunction issued under Title 78B, Chapter 7, Part 9, 
Criminal Stalking Injunctions.
(3)
(a)
A violation of Subsection (2) is a class A misdemeanor:
(i)
upon the actor's first violation of Subsection (2); or
(ii)
if the actor violated a stalking injunction issued under Title 78B, Chapter 7, Part 7, 
Civil Stalking Injunctions.
(b)
Notwithstanding Subsection (3)(a), a violation of Subsection (2) is a third degree 
felony if the actor:
(i)
has been previously convicted of an offense of stalking;
(ii)
has been previously convicted in another jurisdiction of an offense that is 
substantially similar to the offense of stalking;
(iii)
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;
(iv)
violated a permanent criminal stalking injunction issued under Title 78B, 
Chapter 7, Part 9, Criminal Stalking Injunctions; or
(v)
has been or is at the time of the offense a cohabitant, as defined in Section 
78B-7-102
, of the victim.
(c)
Notwithstanding Subsection (3)(a) or (b), a violation of Subsection (2) is a second 
degree felony if the actor:
(i)
used a dangerous weapon or used other means or force likely to produce death or 
serious bodily injury, in the commission of the crime of stalking;
(ii)
has been previously convicted two or more times of the offense of stalking;
(iii)
has been convicted two or more times in another jurisdiction or jurisdictions of 
offenses that are substantially similar to the offense of stalking;
(iv)
has been convicted two or more times, in any combination, of offenses under 
Subsection (3)(b)(i), (ii), or (iii);
(v)
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
(vi)
has been previously convicted of an offense under Subsection (3)(b)(iv) or (v).
(4)
In a 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)
(a)
Except as provided in Subsection (6)(b), an actor does not violate this section if 
the actor is acting: 
(i)
in the actor's official capacity as a law enforcement officer, governmental 
investigator, or private investigator; and 
(ii)
for a legitimate official or business purpose. 
(b)
A private investigator is not exempt from this section if the private investigator 
engages in conduct that would constitute a ground for disciplinary action under 
Section 
53-9-118
.
(7)
(a)
A permanent criminal stalking injunction limiting the contact between the actor 
and victim may be filed in accordance with Section 
78B-7-902
.
(b)
This section does not preclude the filing of criminal information for stalking based 
on the same act which is the basis for the violation of the stalking injunction issued 
under Title 78B, Chapter 7, Part 7, Civil Stalking Injunctions, or a permanent 
criminal stalking injunction issued under Title 78B, Chapter 7, Part 9, Criminal 
Stalking Injunctions.
(8)
(a)
A law enforcement officer who responds to an allegation of stalking shall use all 
reasonable means to protect the victim and prevent further violence, including:
(i)
taking action that, in the officer's discretion, is reasonably necessary to provide for 
the safety of the victim and any family or household member;
(ii)
confiscating the weapon or weapons involved in the alleged stalking;
(iii)
making arrangements for the victim and any child to obtain emergency housing 
or shelter;
(iv)
providing protection while the victim removes essential personal effects;
(v)
arranging, facilitating, or providing for the victim and any child to obtain medical 
treatment; and
(vi)
arranging, facilitating, or providing the victim with immediate and adequate 
notice of the rights of victims and of the remedies and services available to 
victims of stalking, in accordance with Subsection (8)(b).
(b)
(i)
A law enforcement officer shall give written notice to the victim in simple 
language, describing the rights and remedies available under this section and Title 
78B, Chapter 7, Part 7, Civil Stalking Injunctions.
(ii)
The written notice shall also include:
(A)
a statement that the forms needed in order to obtain a stalking injunction are 
available from the court clerk's office in the judicial district where the victim 
resides or is temporarily domiciled; and
(B)
a list of shelters, services, and resources available in the appropriate 
community, together with telephone numbers, to assist the victim in accessing 
any needed assistance.
(c)
If a weapon is confiscated under this Subsection (8), the law enforcement agency 
shall return the weapon to the individual from whom the weapon is confiscated if a 
stalking injunction is not issued or once the stalking injunction is terminated.
Section 150, Section 
76-5-107
 is amended to read:
76-5-107
. Threat of violence.
(1)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
An actor commits a threat of violence if the actor:
(a)
(i)
threatens to commit an offense:
(A)
under Title 76, Chapter 5, Part 4, Sexual Offenses
, other than Section 
76-5-417
, 
76-5-418
, 
76-5-419
, or 
76-5-420
; or
(B)
involving bodily injury, death, or substantial property damage; and
(ii)
acts with intent to place an individual in fear:
(A)
that the actor will imminently commit an offense under Title 76, Chapter 5, 
Part 4, Sexual Offenses,
 other than Section 
76-5-417
, 
76-5-418
, 
76-5-419
, or 
76-5-420
,
 against the individual; or
(B)
of imminent serious bodily injury, substantial bodily injury, or death; or
(b)
makes a threat, accompanied by a show of immediate force or violence, to do bodily 
injury to an individual.
(3)
(a)
A violation of Subsection (2) is a class B misdemeanor.
(b)
An actor 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.
(4)
It is not a defense under this section that the actor did not attempt to or was incapable of 
carrying out the threat.
(5)
A threat under Subsection (2) may be express or implied.
Section 151, Section 
76-5-107.1
 is amended to read:
76-5-107.1
. Threats against schools.
(1)
(a)
As used in this section:
(i)
"Hoax weapon of mass destruction" means the same as that term is defined in 
Section 
76-10-401
76-15-301
.
(ii)
"School" means a preschool or a public or private elementary or secondary school.
(b)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
An actor is guilty of making a threat against a school if the actor threatens, with real 
intent or as an intentional hoax, to commit an offense involving bodily injury, death, or 
substantial property damage and the actor:
(a)
threatens the use of a firearm or weapon or hoax weapon of mass destruction;
(b)
acts with intent to:
(i)
disrupt the regular schedule of the school or influence or affect the conduct of 
students, employees, or the general public at the school;
(ii)
prevent or interrupt the occupancy of the school or a portion of the school, or a 
facility or vehicle used by the school; or
(iii)
intimidate or coerce students or employees of the school; or
(c)
causes an official or volunteer agency organized to deal with emergencies to take 
action due to the risk to the school or general public.
(3)
(a)
(i)
A violation of Subsection (2)(a), (b)(i), or (b)(iii) is a third degree felony.
(ii)
A violation of Subsection (2)(b)(ii) is a class A misdemeanor.
(iii)
A violation of Subsection (2)(c) is a class B misdemeanor.
(b)
(i)
In addition to another penalty authorized by law, a court shall order an actor 
convicted under this section to pay restitution to a federal, state, or local unit of 
government, or a private business, organization, individual, or entity for expenses 
and losses incurred in responding to the threat, unless the court states on the 
record the reasons why the reimbursement would be inappropriate.
(ii)
Restitution ordered in the case of a minor adjudicated for a violation of this 
section shall be determined in accordance with Section 
80-6-710
.
(4)
It is not a defense to this section that the actor did not attempt to carry out the threat or 
was incapable of carrying out the threat.
(5)
A violation of this section shall be reported to the local law enforcement agency.
(6)
Counseling for a minor alleged to have violated this section and the minor's family may 
be made available through state and local health department programs.
Section 152, Section 
76-5-107.3
 is amended to read:
76-5-107.3
. Threat of terrorism -- Penalty.
(1)
(a)
As used in this section:
(i)
"Hoax weapon of mass destruction" means the same as that term is defined in 
Section 
76-10-401
76-15-301
.
(ii)
"Weapon of mass destruction" means the same as that term is defined in Section 
76-10-401
76-15-301
.
(b)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
(a)
An actor commits a threat of terrorism if the actor threatens to commit an offense 
involving bodily injury, death, or substantial property damage and the actor:
(i)
(A)
threatens the use of a weapon of mass destruction; or
(B)
threatens the use of a hoax weapon of mass destruction; or
(ii)
acts with intent to:
(A)
intimidate or coerce a civilian population or to influence or affect the conduct 
of a government or a unit of government;
(B)
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
(C)
cause an official or volunteer agency organized to deal with emergencies to 
take action due to the actor's conduct posing a serious and substantial risk to 
the general public.
(b)
A threat under this section may be express or implied.
(3)
(a)
(i)
A violation of Subsection 
(2)(a)(i)
 or 
(2)(a)(ii)(A)
 is a second degree felony.
(ii)
A violation of Subsection 
(2)(a)(ii)(B)
 is a third degree felony.
(iii)
A violation of Subsection 
(2)(a)(ii)(C)
 is a class B misdemeanor.
(b)
An actor 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.
(c)
In addition to any other penalty authorized by law, a court shall order an actor 
convicted of a 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.
(4)
It is not a defense under this section that the actor did not attempt to carry out or was 
incapable of carrying out the threat.
Section 153, Section 
76-5-109.3
 is amended to read:
76-5-109.3
. Child abandonment.
(1)
(a)
As used in this section:
(i)
"Child" means the same as that term is defined in Section 
76-5-109
.
(ii)
"Enterprise" means the same as that term is defined in Section 
76-10-1602
76-17-401
.
(iii)
"Serious physical injury" means the same as that term is defined in Section 
76-5-109
.
(b)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
(a)
Except as provided in Subsection (4), an actor commits child abandonment if the 
actor:
(i)
is a parent or legal guardian of a child, and:
(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, intentionally fails to resume physical 
custody of the child and fails to manifest a genuine intent to resume 
physical custody of the child; or
(ii)
encourages or causes the parent or legal guardian of a child to violate Subsection 
(2)(a)(i).
(b)
Except as provided in Subsection (4), an enterprise commits child abandonment if 
the enterprise encourages, commands, induces by misrepresentation, or causes 
another to violate Subsection (2)(a).
(3)
(a)
(i)
A violation of Subsection (2) is a third degree felony.
(ii)
Notwithstanding Subsection (3)(a)(i), a violation of Subsection (2) is a second 
degree felony if, as a result of the child abandonment:
(A)
the child suffers a serious physical injury; or
(B)
the actor or enterprise receives, directly or indirectly, any benefit.
(b)
(i)
In addition to the penalty described in Subsection (3)(a)(ii), the court may order 
the actor or enterprise described in Subsection (3)(a)(ii)(B) to pay the costs of 
investigating and prosecuting the offense and the costs of securing any forfeiture 
provided for under Subsection (3)(b)(ii).
(ii)
Any tangible or pecuniary benefit received under Subsection (3)(a)(ii)(B) is 
subject to criminal or civil forfeiture pursuant to Title 77, Chapter 11b, Forfeiture 
of Seized Property.
(4)
(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 may not, for that reason alone, be considered 
to have committed an offense under this section.
(b)
An actor is not guilty of an offense under this section for conduct that constitutes:
(i)
the safe relinquishment of a child pursuant to the provisions of Section 
80-4-502
;
(ii)
giving legal consent to a court order for termination of parental rights:
(A)
in a legal adoption proceeding; or
(B)
in a case in which a petition for the termination of parental rights, or the 
termination of a guardianship, has been filed;
(iii)
reasonable discipline or management of a child, including withholding 
privileges; or
(iv)
conduct described in Section 
76-2-401
.
(c)
It is a defense to prosecution under Subsection (2)(a)(i) that the actor committed 
child abandonment due to:
(i)
intimidation;
(ii)
isolation;
(iii)
harassment;
(iv)
coercion;
(v)
the actor's reasonable fear of bodily harm; or
(vi)
the reasonable actions of the actor to protect the safety and welfare of the actor or 
another individual.
Section 154, Section 
76-5-115
, which is renumbered from Section 76-10-2202 is renumbered 
and amended to read:
76-10-2202
76-5-115
. Leaving a child unattended in a motor vehicle.
(1)
(a)
As used in this section:
(a)
(i)
"Child" means 
a person
an individual
 who is younger than nine years old.
(b)
(ii)
"Enclosed compartment" means any enclosed area of a motor vehicle, 
including the passenger compartment, regardless of whether a door, window, or 
hatch is left open.
(c)
(iii)
"Motor vehicle" means an automobile, truck, truck tractor, bus, or any other 
self-propelled vehicle.
(b)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
A person who is responsible for a child is guilty of a class C misdemeanor if
An actor 
commits leaving a child unattended in a motor vehicle if
:
(a)
the 
person
actor
 intentionally
, recklessly
, knowingly, 
recklessly, 
or with criminal 
negligence leaves 
the
a
 child in an enclosed compartment of a motor vehicle;
(b)
the motor vehicle is on:
(i)
public property; or
(ii)
private property that is open to the general public;
(c)
the child is not supervised by 
a person
an individual
 who is at least nine years old; 
and
(d)
the conditions present a risk to the child of:
(i)
hyperthermia;
(ii)
hypothermia; or
(iii)
dehydration.
(3)
A violation of Subsection 
(2)
 is a class C misdemeanor.
(4)
This section does not apply if the 
person's
actor's
 conduct that constitutes a violation of 
this section is subject to a greater penalty under another provision of state law.
(4)
(5)
This section preempts enforcement of a local law or ordinance that makes it an 
infraction or a criminal offense to engage in the conduct that constitutes a misdemeanor 
under this section.
(5)
(6)
Notwithstanding any provision of state law to the contrary, a conviction under this 
section may not be used by a state or local government entity as grounds for revoking, 
refusing to grant, or refusing to renew, a license or permit, including a license or permit 
relating to the provision of day care or child care.
Section 155, Section 
76-5-202
 is amended to read:
76-5-202
. Aggravated murder -- Penalties -- Affirmative defense and special 
mitigation -- Separate offense.
(1)
(a)
As used in this section:
(i)
"Correctional officer" means the same as that term is defined in Section 
53-13-104
.
(ii)
"Emergency responder" means the same as that term is defined in Section 
53-2b-102
.
(iii)
"Federal officer" means the same as that term is defined in Section 
53-13-106
.
(iv)
"Law enforcement officer" means the same as that term is defined in Section 
53-13-103
.
(v)
"Peace officer" means:
(A)
a correctional officer, federal officer, law enforcement officer, or special 
function officer; or
(B)
any other person who may exercise peace officer authority in accordance with 
Title 53, Chapter 13, Peace Officer Classifications
.
(vi)
"Special function officer" means the same as that term is defined in Section 
53-13-105
.
(vii)
"Target a law enforcement officer" means an act:
(A)
involving the unlawful use of force and violence against a law enforcement 
officer;
(B)
that causes serious bodily injury or death; and
(C)
that is in furtherance of political or social objectives in order to intimidate or 
coerce a civilian population or to influence or affect the conduct of a 
government or a unit of government.
(viii)
"Weapon of mass destruction" means the same as that term is defined in Section 
76-10-401
76-15-301
.
(b)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
(a)
An actor commits aggravated murder if the actor intentionally or knowingly 
causes the death of another individual under any of the following circumstances:
(i)
the actor committed homicide while confined in a jail or other correctional 
institution;
(ii)
(A)
the actor committed homicide incident to one act, scheme, course of 
conduct, or criminal episode during which two or more individuals other than 
the actor were killed; or
(B)
the actor, during commission of the homicide, attempted to kill one or more 
other individuals in addition to the deceased individual;
(iii)
the actor knowingly created a great risk of death to another individual other than 
the deceased individual and the actor;
(iv)
the actor committed homicide 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, aggravated child abuse as described 
in Subsection 
76-5-109.2(3)(a)
, or aggravated sexual assault, aggravated arson, 
arson, aggravated burglary, burglary, aggravated kidnapping, or kidnapping, or 
child kidnapping;
(v)
the actor committed homicide 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 described in Subsection 
76-9-704(2)(e)
76-5-802(2)(d)
;
(vi)
the actor committed homicide for the purpose of avoiding or preventing an arrest 
of the actor or another individual by a peace officer acting under color of legal 
authority or for the purpose of effecting the actor's or another individual's escape 
from lawful custody;
(vii)
the actor committed homicide for pecuniary gain;
(viii)
the actor committed, engaged, or employed another person to commit the 
homicide subject to an agreement or contract for remuneration or the promise of 
remuneration for commission of the homicide;
(ix)
the actor previously committed or was convicted of:
(A)
aggravated murder under this section;
(B)
attempted aggravated murder under this section;
(C)
murder, under Section 
76-5-203
;
(D)
attempted murder, under Section 
76-5-203
; or
(E)
an offense committed in another jurisdiction which if committed in this state 
would be a violation of a crime listed in this Subsection 
(2)(a)(ix)
;
(x)
the actor was previously convicted of:
(A)
aggravated assault, under Section 
76-5-103
;
(B)
mayhem, under Section 
76-5-105
;
(C)
kidnapping, under Section 
76-5-301
;
(D)
child kidnapping, under Section 
76-5-301.1
;
(E)
aggravated kidnapping, under Section 
76-5-302
;
(F)
rape, under Section 
76-5-402
;
(G)
rape of a child, under Section 
76-5-402.1
;
(H)
object rape, under Section 
76-5-402.2
;
(I)
object rape of a child, under Section 
76-5-402.3
;
(J)
forcible sodomy, under Section 
76-5-403
;
(K)
sodomy on a child, under Section 
76-5-403.1
;
(L)
aggravated sexual abuse of a child, under Section 
76-5-404.3
;
(M)
aggravated sexual assault, under Section 
76-5-405
;
(N)
aggravated arson, under Section 
76-6-103
;
(O)
aggravated burglary, under Section 
76-6-203
;
(P)
aggravated robbery, under Section 
76-6-302
;
(Q)
felony discharge of a firearm, under Section 
76-10-508.1
76-11-208
; or
(R)
an offense committed in another jurisdiction which if committed in this state 
would be a violation of a crime listed in this Subsection 
(2)(a)(x)
;
(xi)
the actor committed homicide for the purpose of:
(A)
preventing a witness from testifying;
(B)
preventing a person from providing evidence or participating in any legal 
proceedings or official investigation;
(C)
retaliating against a person for testifying, providing evidence, or participating 
in any legal proceedings or official investigation; or
(D)
disrupting or hindering any lawful governmental function or enforcement of 
laws;
(xii)
the deceased individual was 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;
(xiii)
the deceased individual was on duty in a verified position or the homicide is 
based on, is caused by, or is related to the deceased individual's position, and the 
actor knew, or reasonably should have known, that the deceased individual holds 
or has held the position of:
(A)
a peace officer;
(B)
an executive officer, prosecuting officer, jailer, or prison official;
(C)
a firefighter, search and rescue personnel, emergency medical personnel, 
ambulance personnel, or any other emergency responder;
(D)
a judge or other court official, juror, probation officer, or parole officer; or
(E)
a security officer contracted to secure, guard, or otherwise protect tangible 
personal property, real property, or the life and well-being of human or animal 
life in the area of the offense;
(xiv)
the actor committed homicide:
(A)
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;
(B)
by means of any weapon of mass destruction; or
(C)
to target a law enforcement officer;
(xv)
the actor committed homicide during the act of unlawfully assuming control of 
an aircraft, train, or other public conveyance by use of threats or force with intent 
to:
(A)
obtain any valuable consideration for the release of the public conveyance or 
any passenger, crew member, or any other person aboard;
(B)
direct the route or movement of the public conveyance; or
(C)
otherwise exert control over the public conveyance;
(xvi)
the actor committed homicide 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;
(xvii)
the deceased individual was held or otherwise detained as a shield, hostage, or 
for ransom;
(xviii)
the actor committed homicide 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 deceased individual 
before death;
(xix)
the actor dismembers, mutilates, or disfigures the deceased individual's body, 
whether before or after death, in a manner demonstrating the actor's depravity of 
mind; or
(xx)
the deceased individual, at the time of the death of the deceased individual:
(A)
was younger than 14 years old; and
(B)
was not an unborn child.
(b)
An actor commits aggravated murder if the actor, with reckless indifference to 
human life, causes the death of another individual 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:
(i)
aggravated child abuse, punishable as a felony of the second degree under 
Subsection 
76-5-109.2(3)(a)
;
(ii)
child kidnapping, under Section 
76-5-301.1
;
(iii)
rape of a child, under Section 
76-5-402.1
;
(iv)
object rape of a child, under Section 
76-5-402.3
;
(v)
sodomy on a child, under Section 
76-5-403.1
; or
(vi)
sexual abuse or aggravated sexual abuse of a child, under Section 
76-5-404.1
.
(3)
(a)
If a notice of intent to seek the death penalty has been filed, a violation of 
Subsection 
(2)
 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.
(ii)
The notice shall be served on the defendant or defense counsel and filed with the 
court.
(iii)
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)
.
(e)
If the defendant was younger than 18 years old at the time the offense was 
committed, aggravated murder is a noncapital first degree felony punishable as 
provided in Section 
76-3-207.7
.
(f)
Notwithstanding Subsection 
(3)(a)
 or 
(3)(b)
, if the trier of fact finds the elements of 
aggravated murder, or alternatively, attempted aggravated murder, as described in 
this section, are proved beyond a reasonable doubt, and also finds that the existence 
of special mitigation is established by a preponderance of the evidence and in 
accordance with Section 
76-5-205.5
, the court shall enter a judgment of conviction as 
follows:
(i)
if the trier of fact finds the defendant guilty of aggravated murder, the court shall 
enter a judgment of conviction for murder; or
(ii)
if the trier of fact finds the defendant guilty of attempted aggravated murder, the 
court shall enter a judgment of conviction for attempted murder.
(4)
(a)
It is an affirmative defense to a charge of aggravated murder or attempted 
aggravated murder that the actor 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.
(c)
Notwithstanding Subsection 
(3)(a)
 or 
(3)(b)
, if the trier of fact finds the elements of 
aggravated murder, or alternatively, attempted aggravated murder, as described in 
this section, are proved beyond a reasonable doubt, and also finds the affirmative 
defense described in this Subsection 
(4)
 is not disproven beyond a reasonable doubt, 
the court shall enter a judgment of conviction as follows:
(i)
if the trier of fact finds the defendant guilty of aggravated murder, the court shall 
enter a judgment of conviction for murder; or
(ii)
if the trier of fact finds the defendant guilty of attempted aggravated murder, the 
court shall enter a judgment of conviction for attempted murder.
(5)
(a)
Any aggravating circumstance described in Subsection 
(2)
 that constitutes a 
separate offense does not merge with the crime of aggravated murder.
(b)
An actor who is convicted of aggravated murder, based on an aggravating 
circumstance described in Subsection 
(2)
 that constitutes a separate offense, may also 
be convicted of, and punished for, the separate offense.
Section 156, Section 
76-5-203
 is amended to read:
76-5-203
. Murder -- Penalties-- Affirmative defense and special mitigation -- 
Separate offenses.
(1)
(a)
As used in this section, "predicate offense" means:
(i)
a clandestine drug lab violation under Section 
58-37d-4
 or 
58-37d-5
;
(ii)
aggravated child abuse, under Subsection 
76-5-109.2
(3)(a), when the abused 
individual is younger than 18 years old;
(iii)
kidnapping under Section 
76-5-301
;
(iv)
child kidnapping under Section 
76-5-301.1
;
(v)
aggravated kidnapping under Section 
76-5-302
;
(vi)
rape under Section 
76-5-402
;
(vii)
rape of a child under Section 
76-5-402.1
;
(viii)
object rape under Section 
76-5-402.2
;
(ix)
object rape of a child under Section 
76-5-402.3
;
(x)
forcible sodomy under Section 
76-5-403
;
(xi)
sodomy upon a child under Section 
76-5-403.1
;
(xii)
forcible sexual abuse under Section 
76-5-404
;
(xiii)
sexual abuse of a child under Section 
76-5-404.1
;
(xiv)
aggravated sexual abuse of a child under Section 
76-5-404.3
;
(xv)
aggravated sexual assault under Section 
76-5-405
;
(xvi)
arson under Section 
76-6-102
;
(xvii)
aggravated arson under Section 
76-6-103
;
(xviii)
burglary under Section 
76-6-202
;
(xix)
aggravated burglary under Section 
76-6-203
;
(xx)
robbery under Section 
76-6-301
;
(xxi)
aggravated robbery under Section 
76-6-302
;
(xxii)
escape under Section 
76-8-309
; 
(xxiii)
aggravated escape under Section 
76-8-309.3
; or
(xxiv)
a felony violation of Section 
76-10-508
 or 
76-10-508.1
76-11-207
 or 
76-11-208
 regarding discharge of a firearm or dangerous weapon.
(b)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
An actor commits murder if:
(a)
the actor intentionally or knowingly causes the death of another individual;
(b)
intending to cause serious bodily injury to another individual, the actor commits an 
act clearly dangerous to human life that causes the death of the other individual;
(c)
acting under circumstances evidencing a depraved indifference to human life, the 
actor knowingly engages in conduct that creates a grave risk of death to another 
individual and thereby causes the death of the other individual;
(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)
an individual other than a party described 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 the peace officer; or
(iii)
an assault against a military service member in uniform under Section 
76-5-102.4
; 
or
(f)
the actor commits a homicide that would be aggravated murder, but the offense is 
reduced in accordance with Subsection 
76-5-202
(4).
(3)
(a)
(i)
A violation of Subsection (2) is a first degree felony.
(ii)
A defendant 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.
(b)
Notwithstanding Subsection (3)(a), if the trier of fact finds the elements of murder, 
or alternatively, attempted murder, as described in this section are proved beyond a 
reasonable doubt, and also finds that the existence of special mitigation is established 
by a preponderance of the evidence and in accordance with Section 
76-5-205.5
, the 
court shall enter a judgment of conviction as follows:
(i)
if the trier of fact finds the defendant guilty of murder, the court shall enter a 
judgment of conviction for manslaughter; or
(ii)
if the trier of fact finds the defendant guilty of attempted murder, the court shall, 
notwithstanding Subsection 
76-4-102
(1)(b) or 
76-4-102
(1)(c)(i), enter a judgment 
of conviction for attempted manslaughter.
(4)
(a)
It is an affirmative defense to a charge of murder or attempted murder that the 
defendant caused the death of another individual or attempted to cause the death of 
another individual 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.
(c)
Notwithstanding Subsection (3)(a), if the trier of fact finds the elements of murder, or 
alternatively, attempted murder, as described in this section are proved beyond a 
reasonable doubt, and also finds the affirmative defense described in this Subsection 
(4) is not disproven beyond a reasonable doubt, the court shall enter a judgment of 
conviction as follows:
(i)
if the trier of fact finds the defendant guilty of murder, the court shall enter a 
judgment of conviction for manslaughter; or
(ii)
if the trier of fact finds the defendant guilty of attempted murder, the court shall 
enter a judgment of conviction for attempted manslaughter.
(5)
(a)
Any predicate offense that constitutes a separate offense does not merge with the 
crime of murder.
(b)
An actor who is convicted of murder, based on a predicate offense that constitutes a 
separate offense, may also be convicted of, and punished for, the separate offense.
Section 157, Section 
76-5-302
 is amended to read:
76-5-302
. Aggravated kidnapping.
(1)
(a)
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:
(i)
Section 
76-5-301
, kidnapping; or
(ii)
Section 
76-5-304
, unlawful detention.
(b)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
An actor commits aggravated kidnapping if the actor, in the course of committing 
unlawful detention or kidnapping:
(a)
uses or threatens to use a dangerous weapon; or
(b)
acts with the intent to:
(i)
hold the victim for ransom or reward, 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)
facilitate the commission, attempted commission, or flight after commission or 
attempted commission of a felony;
(iii)
hinder or delay the discovery of or reporting of a felony;
(iv)
inflict bodily injury on or to terrorize the victim or another individual;
(v)
interfere with the performance of any governmental or political function; or
(vi)
commit a sexual offense as described in 
Title 76, Chapter 5, Part 4, Sexual 
Offenses
, other than Section 
76-5-417
, 
76-5-418
, 
76-5-419
, or 
76-5-420
.
(3)
(a)
A violation of Subsection 
(2)
 in the course of committing unlawful detention is a 
third degree felony.
(b)
A violation of Subsection 
(2)
 in the course of committing kidnapping is a first degree 
felony.
(4)
An actor convicted of a violation of Subsection 
(3)(b)
 shall be sentenced to 
imprisonment of:
(a)
except as provided in Subsection 
(4)(b)
, 
(4)(c)
, or 
(5)
, not less than 15 years and 
which may be for life;
(b)
except as provided in Subsection 
(4)(c)
 or 
(5)
, 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 the victim or another individual; 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.
(5)
If, when imposing a sentence under Subsection 
(4)(a)
 or 
(b)
, a court finds that a lesser 
term than the term described in Subsection 
(4)(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 
(4)(b)
, 15 years and which may be for life; or
(b)
for purposes of Subsection 
(4)(a)
 or 
(b)
:
(i)
10 years and which may be for life; or
(ii)
six years and which may be for life.
(6)
The provisions of Subsection 
(5)
 do not apply when a defendant is sentenced under 
Subsection 
(4)(c)
.
(7)
Subsections 
(4)(b)
 and 
(c)
 do not apply if the actor was younger than 18 years old at the 
time of the offense.
(8)
Imprisonment under Subsection 
(4)
 is mandatory in accordance with Section 
76-3-406
.
Section 158, Section 
76-5-415
 is amended to read:
76-5-415
. Educator's license subject to action for violation of this part.
Commission of any offense under this 
Title 76, Chapter 5, Part 4, Sexual Offenses
,
 other 
than Section 
76-5-417
, 
76-5-418
, 
76-5-419
, or 
76-5-420
,
 by an educator as defined in Section 
53E-6-102
, is grounds under Section 
53E-6-604
 for disciplinary action against the educator, 
including revocation of the educator's license.
Section 159, Section 
76-5-417
, which is renumbered from Section 76-4-401 is renumbered 
and amended to read:
76-4-401
76-5-417
. Enticing a minorto engage in sexual activity.
(1)
(a)
As used in this section:
(i)
"Minor" means an individual who is under 18 years old.
(ii)
"Electronic communication" means the same as that term is defined in Section 
76-9-201
76-12-201
.
(iii)
"Electronic communication device" means the same as that term is defined in 
Section 
76-9-201
76-12-201
.
(b)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
An actor commits 
enticement of
enticing
 a minor
 to engage in sexual activity
 if the 
actor knowingly:
(a)
uses an electronic communication or an electronic communication device to:
(i)
solicit, seduce, lure, or entice a minor, or to attempt to solicit, seduce, lure, or 
entice a minor, or another person that the actor believes to be a minor, to engage 
in sexual activity that is a violation of state criminal law; or
(ii)
(A)
initiate contact with a minor or a person the actor believes to be a minor; 
and
(B)
subsequent to the action described in Subsection 
(2)(a)(ii)(A)
, 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 sexual activity that is a violation of state criminal law; or
(b)
develops a relationship of trust with the minor or the minor's parent or guardian with 
the intent to solicit, seduce, lure, or entice, or attempt to solicit, seduce, lure, or entice 
the minor to engage in sexual activity that 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 
employed by a law enforcement agency was involved in the detection or investigation of 
the offense.
(4)
(3)
Enticement of a minor under
A violation of
 Subsection 
(2)
 is punishable as 
follows:
(a)
enticement to engage in sexual activity that would be a first degree felony for the 
actor is a:
(i)
second degree felony upon the first conviction for violation of this Subsection 
(4)(a)
(3)(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)
(3)(a)
;
(b)
enticement to engage in sexual activity that would be a second degree felony for the 
actor is a third degree felony;
(c)
enticement to engage in sexual activity that would be a third degree felony for the 
actor is a class A misdemeanor;
(d)
enticement to engage in sexual activity that would be a class A misdemeanor for the 
actor is a class B misdemeanor; and
(e)
enticement to engage in sexual activity that would be a class B misdemeanor for the 
actor is a class C misdemeanor.
(4)
It is not a defense to a violation, or attempted violation, of Subsection (2) that a law 
enforcement officer or an undercover operative who is employed by a law enforcement 
agency was involved in the detection or investigation of the offense.
(5)
(a)
When an actor who commits a felony violation of this section has 
been 
previously
 been
 convicted of an offense 
under
described in
 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)
(i)
Section 
76-5-301.1
, 
child kidnapping
 as described in Section 
76-5-301.1
;
(ii)
human trafficking of a child as described in Section 
76-5-308.5
;
(iii)
Section 
76-5-402
, 
rape
 as described in Section 
76-5-402
;
(iv)
Section 
76-5-402.1
, 
rape of a child
 as described in Section 
76-5-402.1
;
(v)
Section 
76-5-402.2
, 
object rape
 as described in Section 
76-5-402.2
;
(vi)
Section 
76-5-402.3
, 
object rape of a child
 as described in Section 
76-5-402.3
;
(vii)
Section 
76-5-403
, 
forcible sodomy
 as described in Section 
76-5-403
;
(viii)
Section 
76-5-403.1
, 
sodomy on a child
 as described in Section 
76-5-403.1
;
(ix)
Section 
76-5-404
, 
forcible sexual abuse
 as described in Section 
76-5-404
;
(x)
Section 
76-5-404.1
, 
sexual abuse of a child
 as described in Section 
76-5-404.1
;
(xi)
 and Section 
76-5-404.3
, 
aggravated sexual abuse of a child
 as described in 
Section 
76-5-404.3
;
(xi)
(xii)
Section 
76-5-405
, 
aggravated sexual assault
 as described in Section 
76-5-405
;
(xii)
Section 
76-5-308.5
, human trafficking of a child;
(xiii)
enticing a minor to engage in sexual activity as described in Section 
76-5-417
;
(xiii)
(xiv)
any offense in any other state or federal jurisdiction that constitutes or 
would constitute a crime in Subsections 
(5)(b)(i)
 through 
(xii)
(xiii)
; or
(xiv)
(xv)
the attempt, solicitation, or conspiracy to commit any of the offenses in 
Subsections 
(5)(b)(i)
 through 
(xiii)
(xiv)
.
Section 160, Section 
76-5-418
, which is renumbered from Section 76-9-702.1 is renumbered 
and amended to read:
76-9-702.1
76-5-418
. Sexual battery.
(1)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
An actor 
is guilty of
commits
 sexual battery if
 the actor
, under circumstances not 
amounting to an offense 
under
described in
 Subsection 
(2),
(4), the actor:
(a)
intentionally touches, whether or not through clothing
, 
:
(i)
the anus, buttocks, or any part of the genitals of another individual
,
;
(ii)
or the breast of a female individual
,
;
 and 
(iii)
the actor's conduct is under circumstances 
that 
the actor knows or should know 
will likely cause affront or alarm to the individual touched.
(2)
(3)
A violation of Subsection 
(2)
 is a class A misdemeanor.
(4)
Offenses
The offenses
 referred to in Subsection 
(1)
(2)
 are:
(a)
rape under Section 
76-5-402
;
(b)
rape of a child under Section 
76-5-402.1
;
(c)
object rape under Section 
76-5-402.2
;
(d)
object rape of a child under Section 
76-5-402.3
;
(e)
forcible sodomy under Subsection 
76-5-403
(2);
(f)
sodomy on a child under Section 
76-5-403.1
;
(g)
forcible sexual abuse under Section 
76-5-404
;
(h)
sexual abuse of a child under Section 
76-5-404.1
;
(i)
aggravated sexual abuse of a child under Section 
76-5-404.3
;
(j)
aggravated sexual assault under Section 
76-5-405
; and
(k)
an attempt to commit an offense under this Subsection (2).
(3)
Sexual battery is a class A misdemeanor.
(4)
(5)
(a)
For purposes of Subsection 
77-41-102
(19) only, a plea of guilty or nolo 
contendere to a charge under this section that is held in abeyance under Title 77, 
Chapter 2a, Pleas in Abeyance, is the equivalent of a conviction.
(b)
This Subsection 
(4)
(5)
 also applies if the charge under this section has been 
subsequently reduced or dismissed in accordance with the plea in abeyance 
agreement.
Section 161, Section 
76-5-419
, which is renumbered from Section 76-9-702 is renumbered 
and amended to read:
76-9-702
76-5-419
. Lewdness.
(1)
(a)
As used in this section:
(i)
"Common area of a privacy space" means any area of a privacy space other than:
(A)
a toilet stall with a closed door;
(B)
immediately in front of a urinal during use; or
(C)
a shower stall with a closed door or other closed covering.
(ii)
"Privacy space" means the same as that term is defined in Section 
76-12-309
.
(iii)
"Sex-designated" means the same as that term is defined in Section 
76-12-309
.
(b)
Terms defined in Section 
76-1-101.5
 apply to this section.
(1)
A person is guilty of 
(2)
Under circumstances not amounting to an offense listed in Subsection (4), an actor 
commits 
lewdness if
 the person under circumstances not amounting to rape, object rape, 
forcible sodomy, forcible sexual abuse, aggravated sexual assault, sexual abuse of a 
minor, unlawful sexual conduct with a 16- or 17-year-old, custodial sexual relations 
under Section 
76-5-412
, custodial sexual misconduct under Section 
76-5-412.2
, 
custodial sexual relations with youth receiving state services under Section 
76-5-413
, 
custodial sexual misconduct with youth receiving state services under Section 
76-5-413.2
, 
or an attempt to commit any of these offenses, performs any of the following acts in a 
public place or under circumstances which the person should know will likely cause 
affront or alarm to, on, or in the presence of another individual who is 14 years old or 
older
:
(a)
the actor performs:
(i)
an act of sexual intercourse or sodomy;
(b)
exposes his or her
(ii)
an act exposing the actor's:
(A)
genitals
,
;
(B)
the 
female breast below the top of the areola
,
 if the actor is female;
(C)
the 
buttocks, 
the 
anus, or 
the 
pubic area;
(c)
(iii)
masturbates; or
(d)
(iv)
any other act of lewdness
.
; and
(b)
an action described in Subsection 
(2)(a)
 is undertaken:
(i)
in a public place; or
(ii)
under circumstances which the actor should know will likely cause affront or 
alarm to, on, or in the presence of another individual who is 14 years old or older.
(2)
(3)
(a)
A person convicted the first or second time of a 
Except as provided in 
Subsection 
(3)(b)
, a 
violation of Subsection 
(1)
(2)
 is 
guilty of 
a class B 
misdemeanor
, except under Subsection (2)(b)
.
(b)
A person convicted of a 
A 
violation of Subsection 
(1)
(2)
 is 
guilty of 
a third 
degree felony if at the time of the violation:
(i)
the 
person
actor
 is a sex offender as defined in Section 
77-27-21.7
;
(ii)
the 
person
actor
 has 
been 
previously
 been
 convicted two or more times of 
violating
a violation of
 Subsection 
(1);
(2);
(iii)
the 
person
actor
 has previously been convicted of
:
(A)
a violation of Subsection 
(1)
(2);
 and
(B)
 has also previously been convicted of 
a violation of Section 
76-9-702.5
76-5-420
;
(iv)
the 
person commits the offense of lewdness while 
actor 
also 
committing
commits
 the offense of:
(A)
criminal trespass 
in a
resulting from unlawfully entering a
 sex-designated 
changing room 
under
as described in
 Subsection 
76-6-206(2)(d)
;
(B)
lewdness involving a child 
under
as described in
 Section 
76-9-702.5
76-5-420
;
(C)
voyeurism 
under
as described in
 Section 
76-9-702.7
76-12-306
;
(D)
recorded or photographed voyeurism as described in Section 
76-12-307
;
(E)
distribution of images obtained through voyeurism as described in Section 
76-12-308
;
 or
(D)
(F)
loitering in a privacy space 
under
as described in
 Section 
76-9-702.8
76-12-309
; or
(v)
the 
person commits the offense of lewdness
actor is
 in a sex-designated privacy 
space,
 as defined in Section 
76-9-702.8
,
 that is not designated for individuals of 
the actor's sex.
(c)
(i)
For purposes of this Subsection (2) and Subsection 
77-41-102
(19), a plea of 
guilty or nolo contendere to a charge under this section that is held in abeyance 
under Title 77, Chapter 2a, Pleas in Abeyance, is the equivalent of a conviction.
(ii)
This Subsection (2)(c) also applies if the charge under this Subsection (2) has 
been subsequently reduced or dismissed in accordance with the plea in abeyance 
agreement.
(4)
The offenses referred to in Subsection 
(2)
 are:
(a)
unlawful sexual conduct with a 16 or 17 year old as described in Section 
76-5-401.2
;
(b)
rape as described in Section 
76-5-402
;
(c)
object rape as described in Section 
76-5-402.2
;
(d)
forcible sodomy as described in Section 
76-5-403
;
(e)
forcible sexual abuse as described in Section 
76-5-404
;
(f)
sexual abuse of a child as described in Section 
76-5-404.1
;
(g)
aggravated sexual assault as described in Section 
76-5-405
;
(h)
custodial sexual relations as described in Section 
76-5-412
;
(i)
custodial sexual misconduct as described in Section 
76-5-412.2
;
(j)
custodial sexual relations with youth receiving state services as described in Section 
76-5-413
;
(k)
custodial sexual misconduct with youth receiving state services as described in 
Section 
76-5-413.2
; or
(l)
an attempt to commit an offense described in Subsection 
(4)(a)
 through (k).
(5)
(a)
For purposes of Subsection 
(3)
 and Subsection 
77-41-102(19)
, a plea of guilty or 
nolo contendere to a charge under this section that is held in abeyance under Title 77, 
Chapter 2a, Pleas in Abeyance, is the equivalent of a conviction.
(b)
Subsection 
(5)(a)
 also applies if the charge under Subsection (3) has been 
subsequently reduced or dismissed in accordance with the plea in abeyance 
agreement.
(3)
(a)
As used in this Subsection (3):
(i)
"Common area of a privacy space" means any area of a privacy space other than:
(A)
a toilet stall with a closed door;
(B)
immediately in front of a urinal during use; or
(C)
a shower stall with a closed door or other closed covering.
(ii)
"Privacy space" means the same as that term is defined in Section 
76-9-702.8
.
(b)
(6)
(a)
The common area of a privacy space constitutes a public place or 
circumstance described in Subsection 
(1) 
(2) 
where an act or an attempted act 
described in Subsection 
(1) 
(2) 
constitutes lewdness.
(c)
(b)
Within the common area of a dressing room, fitting room, locker room, 
changing facility, or any other space designated for multiple individuals to dress or 
undress within the same space, exposing, displaying, or otherwise uncovering 
genitalia that does not correspond with the sex designation of the changing room 
constitutes an act or an attempted act described in Subsection 
(1)
(2)
 that constitutes 
lewdness.
(4)
(7)
A woman's breast feeding, including breast feeding in any location where the 
woman otherwise may rightfully be, does not under any circumstance constitute a lewd 
act, irrespective of whether or not the breast is covered during or incidental to feeding.
Section 162, Section 
76-5-420
, which is renumbered from Section 76-9-702.5 is renumbered 
and amended to read:
76-9-702.5
76-5-420
. Lewdness involving a child.
(1)
(a)
As used in this section: 
(a)
"In the presence of" includes within visual contact through an electronic device.
(b)
(i)
"Child" means an individual younger than 14 years old.
(ii)
"Common area of a privacy space" means the same as that term is defined in 
Section 
76-9-702
76-5-419
.
(iii)
"In the presence of" includes within visual contact through an electronic device.
(c)
(iv)
"Privacy space" means the same as that term is defined in Section 
76-9-702.8
76-12-309
.
(v)
"Sex-designated" means the same as that term is defined in Section 
76-12-309
.
(b)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
An actor commits lewdness involving a child if:
(a)
the actor, under circumstances not amounting to 
rape of a child, object rape of a 
child, sodomy upon a child, sexual abuse of a child, aggravated sexual abuse of a 
child, or an attempt to commit any of those offenses
an offense listed in Subsection 
(4)
, intentionally or knowingly
does any of the following in the presence of a child
who is under 14 years old
:
(i)
performs an act of sexual intercourse or sodomy;
(ii)
exposes the actor's genitals, female breast below the top of the areola, buttocks, 
anus, or pubic area:
(A)
in a public place; or
(B)
in a private place under circumstances the actor should know will likely cause 
affront or alarm or with the intent to arouse or gratify the sexual desire of the 
actor or the child; or
(iii)
masturbates;
(b)
the actor is 18 years old or older and, under circumstances not amounting to 
rape of 
a child, object rape of a child, sodomy upon a child, sexual abuse of a child, 
aggravated sexual abuse of a child, or an attempt to commit any of those offenses
an 
offense listed in Subsection 
(4)
, intentionally or knowingly does any of the following 
in the presence of a child
 who is under 14 years old
 with the intent to cause affront 
or alarm to the child or with the intent to arouse or gratify the sexual desire of the 
actor or the child:
(i)
simulates masturbation;
(ii)
performs an act of simulated intercourse or sodomy;
(iii)
displays the actor's male genitals or prosthetic male genitals in a discernibly 
turgid state, even if completely and opaquely covered;
(iv)
engages in erotic touching of the actor's nude breast, regardless of the actor's sex 
or how the breast was developed or created; or
(v)
involves a child in an act that would lead a reasonable person to conclude that the 
child is engaging in an act of:
(A)
simulated intercourse or sodomy; or
(B)
simulated masturbation;
(c)
the actor, under circumstances not amounting to sexual exploitation of a 
child
minor
under Section 
76-5b-201
 or aggravated sexual exploitation of a 
child
minor
 under 
Section 
76-5b-201.1
, intentionally or knowingly causes a child
 under 14 years old
to expose the child's genitals, anus, or breast, if female, to the actor, with the intent to 
arouse or gratify the sexual desire of the actor or the child; or
(d)
the actor performs any other act of lewdness.
(3)
(a)
Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class A 
misdemeanor.
(b)
A violation of Subsection (2) is a third degree felony if at the time of the violation, 
the actor:
(i)
is a sex offender as defined in Section 
77-27-21.7
;
(ii)
previously has been convicted of a violation of this section;
(iii)
commits the violation of Subsection (2) while also committing the offense of:
(A)
lewdness as described in Section 
76-5-419
;
(B)
criminal trespass 
in a 
resulting from unlawfully entering a 
sex-designated 
changing room 
under
as described in
 Subsection 
76-6-206(2)(d)
;
(B)
lewdness under Section 76-9-702;
(C)
voyeurism 
under Section 76-9-702.7
as described in Section 
76-12-306
; 
(D)
recorded or photographed voyeurism as described in Section 
76-12-307
;
(E)
distribution of images obtained through voyeurism as described in Section 
76-12-308
; 
or
(D)
(F)
loitering in a privacy space 
under Section 76-9-702.8
as described in 
Section 
76-12-309
; or
(iv)
commits the violation of Subsection 
(2)
is 
in a sex-designated privacy space
, 
as defined in Section 76-9-702.8
, that is not designated for individuals of the 
actor's sex.
(4)
The offenses referred to in Subsection 
(2)
 are:
(a)
rape of a child as described in Section 
76-5-402.1
;
(b)
object rape of a child as described in Section 
76-5-402.3
;
(c)
sodomy on a child as described in Section 
76-5-403.1
;
(d)
sexual abuse of a child as described in Section 
76-5-404.1
;
(e)
aggravated sexual abuse of a child as described in Section 
76-5-404.3
; or
(f)
an attempt to commit an offense described in Subsections 
(4)(a)
 through (e).
(4)
(5)
(a)
The common area of a privacy space constitutes a public place or 
circumstance described in Subsection (2) where an act or an attempted act described 
in Subsection (2) constitutes 
lewdness involving a child
a violation of Subsection (2)
.
(b)
Within the common area of a government entity's dressing room, fitting room, locker 
room, changing facility, or any other space designated for multiple individuals to 
dress or undress within the same space, exposing, displaying, or otherwise 
uncovering genitalia that does not correspond with the sex designation of the 
changing room constitutes an act or an attempted act described in Subsection (2) that 
constitutes lewdness involving a child.
Section 163, Section 
76-5-801
 is enacted to read:
8. Offenses Committed Against the Deceased
76-5-801
. Definitions.
As used in this part, "ancient human remains" means the same as that term is defined in 
Section 
9-8a-302
.
Section 164, Section 
76-5-802
, which is renumbered from Section 76-9-704 is renumbered 
and amended to read:
76-9-704
76-5-802
. Abuse or desecration of a dead human body.
(1)
For purposes of this section, "dead human body" includes any part of a human body in 
any stage of decomposition, including ancient human remains as defined in Section 
9-8a-302
.
(1)
(a)
As used in this section, "sexual penetration" means the penetration, however 
slight, of the genital or anal opening by any object, substance, instrument, or device, 
including a part of the human body, or penetration involving the genitals of the actor 
and the mouth of a dead human body.
(b)
Terms defined in Sections 
76-1-101.5
 and 
76-5-801
 apply to this section.
(2)
A person is guilty of 
An actor commits 
abuse or desecration of a dead human body if 
the 
person
actor
 intentionally and unlawfully:
(a)
fails to report the finding of a dead human body to a local law enforcement agency;
(b)
(a)
disturbs, moves, removes, conceals, or destroys a dead human body or any part 
of 
it
the dead human body
;
(c)
(b)
disinters a buried or otherwise interred dead human body, without authority of a 
court order;
(d)
(c)
dismembers a dead human body to any extent, or damages or detaches any part 
or portion of a dead human body; or
(e)
(d)
(i)
commits or attempts to commit upon any dead human body any act of 
sexual penetration, regardless of the sex of the actor and of the dead human body
; 
and
.
(ii)
as used in Subsection 
(2)(e)(i)
, "sexual penetration" means penetration, however 
slight, of the genital or anal opening by any object, substance, instrument, or 
device, including a part of the human body, or penetration involving the genitals 
of the actor and the mouth of the dead human body.
(3)
A violation of Subsection 
(2)
 is a third degree felony.
(3)
(4)
A person
An actor
 does not violate this section if when 
that person
the actor
directs or carries out procedures regarding a dead human body, 
that person
the actor
complies with:
(a)
Title 9, Chapter 8a, Part 3, Antiquities
;
(b)
Title 26B, Chapter 8, Part 2, Utah Medical Examiner
;
(c)
Title 26B, Chapter 8, Part 3, Revised Uniform Anatomical Gift Act
;
(d)
Title 53B, Chapter 17, Part 3, Use of Dead Bodies for Medical Purposes
;
(e)
Title 58, Chapter 9, Funeral Services Licensing Act
; or
(f)
Title 58, Chapter 67, Utah Medical Practice Act
, which concerns licensing to practice 
medicine.
(4)
(a)
Failure to report the finding of a dead human body as required under Subsection 
(2)(a)
 is a class B misdemeanor.
(b)
Abuse or desecration of a dead human body as described in Subsections 
(2)(b)
through 
(e)
 is a third degree felony.
(5)
For purposes of this section, a dead human body includes any part of a human body in 
any stage of decomposition, including ancient human remains.
Section 165, Section 
76-5-803
 is enacted to read:
76-5-803
. Failure to report the finding of a dead human body.
(1)
Terms defined in Sections 
76-1-101.5
 and 
76-5-801
 apply to this section.
(2)
An actor commits failure to report the finding of a dead human body if the actor:
(a)
finds a dead human body; and
(b)
intentionally fails to report the finding of the dead human body to a local law 
enforcement agency.
(3)
A violation of Subsection 
(2)
 is a class B misdemeanor.
(4)
An actor does not violate this section if when the actor directs or carries out procedures 
regarding a dead human body, the actor complies with:
(a)
Title 9, Chapter 8a, Part 3, Antiquities;
(b)
Title 26B, Chapter 8, Part 2, Utah Medical Examiner;
(c)
Title 26B, Chapter 8, Part 3, Revised Uniform Anatomical Gift Act;
(d)
Title 53B, Chapter 17, Part 3, Use of Dead Bodies for Medical Purposes;
(e)
Title 58, Chapter 9, Funeral Services Licensing Act; or
(f)
Title 58, Chapter 67, Utah Medical Practice Act, which concerns licensing to practice 
medicine.
(5)
For purposes of this section, a dead human body includes any part of a human body in 
any stage of decomposition, including ancient human remains.
Section 166, Section 
76-5b-201
 is amended to read:
76-5b-201
. Sexual exploitation of a minor -- Offenses.
(1)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
An actor commits sexual exploitation of a minor when the actor knowingly possesses or 
intentionally views child sexual abuse material.
(3)
(a)
A violation of Subsection (2) is a second degree felony.
(b)
It is a separate offense under this section:
(i)
for each minor depicted in the child sexual abuse material; and
(ii)
for each time the same minor is depicted in different child sexual abuse material.
(4)
For a charge of violating this section, it is an affirmative defense that:
(a)
the defendant:
(i)
did not solicit the child sexual abuse material from the minor depicted in the child 
sexual abuse material;
(ii)
is not more than two years older than the minor depicted in the child sexual abuse 
material; and
(iii)
upon request of a law enforcement agent or the minor depicted in the child 
sexual abuse material, removes from an electronic device or destroys the child 
sexual abuse material and all copies of the child sexual abuse material in the 
defendant's possession; and
(b)
the child sexual abuse material does not depict an offense under Chapter 5, Part 4, 
Sexual Offenses
, other than Section 
76-5-417
, 
76-5-418
, 
76-5-419
, or 
76-5-420
.
(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)
The following are not criminally or civilly liable under this section when acting in good 
faith compliance with Section 
77-4-201
:
(a)
an 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 federal or state law; or
(ii)
implementing a policy of attempting to prevent the presence of child sexual abuse 
material on tangible or intangible property, or of detecting and reporting the 
presence of child sexual abuse material on the property;
(b)
a law enforcement officer acting within the scope of a criminal investigation;
(c)
an employee of a court who may be required to view child sexual abuse material 
during the course of and within the scope of the employee's employment;
(d)
a juror who may be required to view child sexual abuse material during the course of 
the individual's service as a juror;
(e)
an attorney or employee of an attorney who is required to view child sexual abuse 
material during the course of a judicial process and while acting within the scope of 
employment;
(f)
an employee of the Department of Health and Human Services who is required to 
view child sexual abuse material within the scope of the employee's employment; or
(g)
an attorney who is required to view child sexual abuse material within the scope of 
the attorney's responsibility to represent the Department of Health and Human 
Services, including the divisions and offices within the Department of Health and 
Human Services.
Section 167, Section 
76-5b-203
 is amended to read:
76-5b-203
. Distribution of an intimate image -- Penalty.
(1)
(a)
As used in this section:
(i)
"Intimate image" means any visual depiction, photograph, film, video, recording, 
picture, or computer or computer-generated image, picture, or video, whether 
made or produced by electronic, mechanical, or other means, that depicts:
(A)
exposed human male or female genitals or pubic area, with less than an 
opaque covering;
(B)
a female breast with less than an opaque covering, or any portion of the 
female breast below the top of the areola; or
(C)
the individual engaged in any sexually explicit conduct.
(ii)
"Sexually explicit conduct" means actual or simulated:
(A)
sexual intercourse, including genital-genital, oral-genital, anal-genital, or 
oral-anal, whether between individuals of the same or opposite sex;
(B)
masturbation;
(C)
bestiality;
(D)
sadistic or masochistic activities;
(E)
exhibition of the genitals, pubic region, buttocks, or female breast of any 
individual;
(F)
visual depiction of nudity or partial nudity;
(G)
fondling or touching of the genitals, pubic region, buttocks, or female breast; 
or
(H)
explicit representation of the defecation or urination functions.
(iii)
"Simulated sexually explicit conduct" means a feigned or pretended act of 
sexually explicit conduct that duplicates, within the perception of an average 
person, the appearance of an actual act of sexually explicit conduct.
(iv)
"Single criminal episode" means the same as that term is defined in Section 
76-1-401
.
(b)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
(a)
An actor commits the offense of distribution of an intimate image if:
(i)
the actor knowingly or intentionally distributes to a third party, or knowingly 
duplicates or copies an intimate image of an individual who is 18 years old or 
older and knows or should know that the distribution, duplication or copying 
would cause a reasonable person to suffer emotional distress or harm;
(ii)
the actor has not received consent from the individual depicted in the image to 
distribute the intimate image;
(iii)
the intimate image was created by or provided to the actor under circumstances 
in which the individual depicted in the image has a reasonable expectation of 
privacy; and
(iv)
except as provided in Subsection (2)(b), actual emotional distress or harm is 
caused to the individual depicted in the image as a result of the distribution.
(b)
Subsection (2)(a)(iv) is not an element of the offense described in Subsection (2)(a) 
if:
(i)
the individual depicted in the intimate image was the victim of a crime;
(ii)
the intimate image was provided to law enforcement as part of an investigation or 
prosecution of a crime committed against the victim;
(iii)
the intimate image was distributed without a legitimate law enforcement or 
investigative purpose by an individual who had access to the intimate image due 
to the individual's association with the investigation or prosecution described in 
Subsection (2)(b)(ii); and
(iv)
the victim is incapacitated or deceased.
(3)
(a)
A violation of Subsection (2) is a class A misdemeanor.
(b)
Notwithstanding Subsection (3)(a), a violation of Subsection (2) is a third degree 
felony on a second or subsequent conviction for an offense under this section that 
does not arise from a single criminal episode.
(4)
This section does not apply to:
(a)
except as provided in Section 
76-5b-203.5
:
(i)
lawful practices of law enforcement agencies;
(ii)
prosecutorial agency functions;
(iii)
the reporting of a criminal offense;
(iv)
court proceedings or any other judicial proceeding; or
(v)
lawful and generally accepted medical practices and procedures;
(b)
an intimate image if the individual portrayed in the image voluntarily allows public 
exposure of the image;
(c)
an intimate image that is portrayed in a lawful commercial setting; or
(d)
an intimate image that is related to a matter of public concern or interest.
(5)
(a)
This section does not apply to an Internet service provider or interactive computer 
service, as defined in 47 U.S.C. Sec. 230(f)(2), a provider of an electronic 
communications service as defined in 18 U.S.C. Sec. 2510, a telecommunications 
service, information service, or mobile service as defined in 47 U.S.C. Sec. 153, 
including a commercial mobile service as defined in 47 U.S.C. Sec. 332(d), or a cable 
operator as defined in 47 U.S.C. Sec. 522, if:
(i)
the distribution of an intimate image by the Internet service provider occurs only 
incidentally through the provider's function of:
(A)
transmitting or routing data from one person to another person; or
(B)
providing a connection between one person and another person;
(ii)
the provider does not intentionally aid or abet in the distribution of the intimate 
image; and
(iii)
the provider does not knowingly receive from or through a person who 
distributes the intimate image a fee greater than the fee generally charged by the 
provider, as a specific condition for permitting the person to distribute the intimate 
image.
(b)
This section does not apply to a hosting company, as defined in Section 
76-10-1230
76-5c-401
, if:
(i)
the distribution of an intimate image by the hosting company occurs only 
incidentally through the hosting company's function of providing data storage 
space or data caching to a person;
(ii)
the hosting company does not intentionally engage, aid, or abet in the distribution 
of the intimate image; and
(iii)
the hosting company does not knowingly receive from or through a person who 
distributes the intimate image a fee greater than the fee generally charged by the 
provider, as a specific condition for permitting the person to distribute, store, or 
cache the intimate image.
(c)
A service provider, as defined in Section 
76-10-1230
76-5c-401
, is not negligent 
under this section if it complies with Section 
76-10-1231
76-5c-402
.
Section 168, Section 
76-5b-205
 is amended to read:
76-5b-205
. Unlawful distribution of a counterfeit intimate image -- Penalty.
(1)
(a)
As used in this section:
(i)
"Child" means an individual under 18 years old.
(ii)
"Counterfeit intimate image" means any visual depiction, photograph, film, video, 
recording, picture, or computer or computer-generated image , picture, or video, 
whether made or produced by electronic, mechanical, or other means, that has 
been edited, manipulated, generated, or altered to depict the likeness of an 
identifiable individual and purports to, or is made to appear to, depict that 
individual's:
(A)
exposed human male or female genitals or pubic area, with less than an 
opaque covering;
(B)
a female breast with less than an opaque covering, or any portion of the 
female breast below the top of the areola; or
(C)
the individual engaged in any sexually explicit conduct or simulated sexually 
explicit conduct.
(iii)
"Sexually explicit conduct" means the same as that term is defined in Section 
76-5b-203
.
(iv)
"Simulated sexually explicit conduct" means the same as that term is defined in 
Section 
76-5b-203
.
(v)
"Single criminal episode" means the same as that term is defined in Section 
76-1-401
.
(b)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
(a)
An actor commits the offense of unlawful distribution of a counterfeit intimate 
image if the actor knowingly or intentionally distributes a counterfeit intimate image 
that the actor knows or should reasonably know would cause a reasonable person to 
suffer emotional or physical distress or harm, if:
(i)
the actor has not received consent from the depicted individual to distribute the 
counterfeit intimate image; and
(ii)
the counterfeit intimate image was created or provided by the actor without the 
knowledge and consent of the depicted individual.
(b)
An actor who is 18 years old or older commits aggravated unlawful distribution of a 
counterfeit intimate image if, in committing the offense described in Subsection (2)(a), 
the individual depicted in the counterfeit intimate image is a child.
(3)
(a)
(i)
A violation of Subsection (2)(a) that is knowing or intentional is a class A 
misdemeanor.
(ii)
Notwithstanding Subsection (3)(a)(i), a violation of Subsection (2)(a) that is 
knowing or intentional is a third degree felony on a second or subsequent 
conviction for an offense under this section that does not arise from a single 
criminal episode.
(b)
(i)
A violation of Subsection (2)(b) that is knowing or intentional is a third degree 
felony.
(ii)
Notwithstanding Subsection (3)(b)(i), a violation of Subsection (2)(b) that is 
knowing or intentional is a second degree felony on a second or subsequent 
conviction for an offense under this section that does not arise from a single 
criminal episode.
(c)
This section does not apply to an actor who engages in conduct that constitutes a 
violation of this section to the extent that the actor is chargeable, for the same 
conduct, under Section 
76-5b-201
, sexual exploitation of a minor, or Section 
76-5b-201.1
, aggravated sexual exploitation of a minor.
(4)
This section does not apply to:
(a)
(i)
lawful practices of law enforcement agencies;
(ii)
prosecutorial agency functions;
(iii)
the reporting of a criminal offense;
(iv)
court proceedings or any other judicial proceeding; or
(v)
lawful and generally accepted medical practices and procedures;
(b)
a counterfeit intimate image if the individual depicted in the image voluntarily 
allows public exposure of the image;
(c)
a counterfeit intimate image that is portrayed in a lawful commercial setting; or
(d)
a counterfeit intimate image that is related to a matter of public concern or interest or 
protected by the First Amendment to the United States Constitution or Article I, 
Sections 1 and 15 of the Utah Constitution.
(5)
(a)
This section does not apply to an Internet service provider or interactive computer 
service, as defined in 47 U.S.C. Sec. 230(f)(2), a provider of an electronic 
communications service as defined in 18 U.S.C. Sec. 2510, a telecommunications 
service, information service, or mobile service as defined in 47 U.S.C. Sec. 153, 
including a commercial mobile service as defined in 47 U.S.C. Sec. 332(d), or a cable 
operator as defined in 47 U.S.C. Sec. 522, if:
(i)
the distribution of a counterfeit intimate image by the Internet service provider 
occurs only incidentally through the provider's function of:
(A)
transmitting or routing data from one person to another person; or
(B)
providing a connection between one person and another person;
(ii)
the provider does not intentionally aid or abet in the distribution of the counterfeit 
intimate image; and
(iii)
the provider does not knowingly receive from or through a person who 
distributes the counterfeit intimate image a fee greater than the fee generally 
charged by the provider, as a specific condition for permitting the person to 
distribute the counterfeit intimate image.
(b)
This section does not apply to a hosting company, as defined in Section 
76-10-1230
76-5c-401
, if:
(i)
the distribution of a counterfeit intimate image by the hosting company occurs 
only incidentally through the hosting company's function of providing data storage 
space or data caching to a person;
(ii)
the hosting company does not intentionally engage, aid, or abet in the distribution 
of the counterfeit intimate image;
(iii)
the hosting company does not knowingly receive from or through a person who 
distributes the counterfeit intimate image a fee greater than the fee generally 
charged by the provider, as a specific condition for permitting the person to 
distribute, store, or cache the counterfeit intimate image; and
(iv)
the hosting company immediately removes the counterfeit intimate image upon 
notice from a law enforcement agency, prosecutorial agency, or the individual 
purportedly depicted in the counterfeit intimate image.
(c)
A service provider, as defined in Section 
76-10-1230
76-5c-401
, is not negligent 
under this section if it complies with Section 
76-10-1231
76-5c-402
.
Section 169, Section 
76-5b-206
, which is renumbered from Section 76-10-1204.5 is renumbered 
and amended to read:
76-10-1204.5
76-5b-206
. Failure to report child sexual abuse material by a 
computer technician.
(1)
As used in this section:
(a)
"Child sexual abuse material" means the same as that term is defined in Section 
76-5b-103
.
(b)
"Computer technician" or "technician" means an individual who in the course and 
scope of the individual's employment for compensation installs, maintains, 
troubleshoots, upgrades, or repairs computer hardware, software, personal computer 
networks, or peripheral equipment.
(c)
"Image" means an image of child sexual abuse material or an image that a computer 
technician reasonably believes is child sexual abuse material.
(2)
(a)
A computer technician who in the course of employment for compensation 
views an image on a computer or other electronic device that is or appears to be child 
sexual abuse material shall immediately report the finding of the image to:
(i)
a state or local law enforcement agency, or the Cyber Tip Line at the National 
Center for Missing and Exploited Children; or
(ii)
an employee designated by the employer of the computer technician in 
accordance with Subsection 
(3)
.
(b)
A computer technician who willfully does not report an image as required under 
Subsection 
(2)(a)
 is guilty of a class B misdemeanor.
(c)
The identity of the computer technician who reports an image shall be confidential, 
except as necessary for the criminal investigation and the judicial process.
(d)
(i)
If the computer technician makes or does not make a report under this section 
in good faith, the technician is immune from any criminal or civil liability related 
to reporting or not reporting the image.
(ii)
In this Subsection 
(2)(d)
, good faith may be presumed from an employee's or 
employer's previous course of conduct when the employee or employer has made 
appropriate reports.
(e)
It is a defense to prosecution under this section that the computer technician did not 
report the image because the technician reasonably believed the image did not depict 
a person younger than 18 years old.
(1)
(a)
As used in this section, "computer technician" means an individual who in the 
course and scope of the individual's employment for compensation installs, 
maintains, troubleshoots, upgrades, or repairs computer hardware, software, personal 
computer networks, or peripheral equipment.
(b)
Terms defined in Sections 
76-1-101.5
 and 
76-5b-103
 apply to this section.
(2)
An actor commits failure to report child sexual abuse material by a computer technician 
if:
(a)
the actor is a computer technician;
(b)
in the actor's course of employment for compensation the actor views an image on a 
computer or other electronic device that:
(i)
is child sexual abuse material;
(ii)
appears to be child sexual abuse material; or
(iii)
the actor reasonably believes is child sexual abuse material; and
(c)
the actor willfully fails to immediately report the finding of the image to:
(i)
a state or local law enforcement agency;
(ii)
the Cyber Tip Line at the National Center for Missing and Exploited Children; or
(iii)
an employee designated by the employer of the computer technician in 
accordance with Subsection (7).
(3)
A violation of Subsection (2) a class B misdemeanor.
(4)
The identity of the computer technician who reports an image that is or appears to be 
child sexual abuse material shall be confidential, except as necessary for the criminal 
investigation and the judicial process.
(5)
(a)
If a computer technician makes or does not make a report under this section and is 
acting in good faith, the technician is immune from any criminal or civil liability 
related to reporting or not reporting the image.
(b)
Good faith described in Subsection 
(5)(a)
 may be presumed from a computer 
technician's previous course of conduct when the computer technician has made 
appropriate reports.
(6)
It is a defense to prosecution under this section that the computer technician did not 
report the image because the computer technician reasonably believed the image did not 
depict an individual younger than 18 years old.
(3)
(7)
(a)
An employer of a computer technician may implement a procedure that 
requires:
(i)
the computer technician report an image as is required under Subsection 
(2)(a)
(2)
to an employee designated by the employer to receive the report of the image; and
(ii)
the designated employee to immediately forward the report provided by the 
computer technician to an agency 
under Subsection 
(2)(a)(i)
described in 
Subsection 
(2)(c)(i)
.
(b)
Compliance by the computer technician and the designated employee with the 
reporting process under Subsection 
(3)(a)
(7)(a)
 is compliance with the reporting 
requirement of 
this section
Subsection (2)(c)
 and establishes immunity under 
Subsection 
(2)(d)
(5)(a)
.
(4)
(8)
This section does not apply to an Internet service provider or interactive computer 
service, as defined in 47 U.S.C. Sec. 230(f)(2), a provider of an electronic 
communications service as defined in 18 U.S.C. Sec. 2510, a telecommunications 
service, information service, or mobile service as defined in 47 U.S.C. Sec. 153, 
including a commercial mobile service as defined in 47 U.S.C. Sec. 332(d), or a cable 
operator as defined in 47 U.S.C. Sec. 522, if the provider reports the image in 
compliance with 18 U.S.C. 2258A or a successor federal statute that requires reporting 
by a provider of an image of child sexual abuse material.
Section 170, Section 
76-5c-101
, which is renumbered from Section 76-10-1201 is renumbered 
and amended to read:
5c. PORNOGRAPHIC AND HARMFUL MATERIALS AND 
PERFORMANCES
1. General Provisions
76-10-1201
76-5c-101
. Definitions.
For the purpose of
As used in
 this 
part
chapter
:
(1)
"Blinder rack" means an opaque cover that covers the lower 2/3 of a material so that the 
lower 2/3 of the material is concealed from view.
(2)
"Constructive awareness" means that:
(a)
a reasonable inspection or observation by an individual under the circumstances 
would have disclosed the nature of the subject matter; and
(b)
a failure to inspect or observe by the individual is either for the purpose of avoiding 
the disclosure or the individual is criminally negligent.
(2)
(3)
"Contemporary community standards" means those current standards in the 
vicinage where an offense alleged under this part has occurred, is occurring, or will 
occur.
(4)
"Criminally negligent" means the same as that term is defined in Section 
76-2-103
.
(3)
(5)
"Distribute" means to transfer possession of 
materials whether
a material
 with or 
without consideration.
(4)
(6)
"Exhibit" means to show.
(5)
(7)
(a)
"Harmful to minors" means that quality of any description or representation, 
in whatsoever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic 
abuse when it:
(i)
taken as a whole, appeals to the prurient interest in sex of minors;
(ii)
is patently offensive to prevailing standards in the adult community as a whole 
with respect to what is suitable material for minors; and
(iii)
taken as a whole, does not have serious value for minors.
(b)
Serious value includes only serious literary, artistic, political
,
 or scientific value for 
minors.
(6)
(8)
(a)
"Knowingly," regarding material or a performance, means an awareness, 
whether actual 
awareness 
or constructive
 awareness
, of the character of the material 
or performance.
(b)
As used in this Subsection 
(6)
, a person has constructive knowledge if a reasonable 
inspection or observation under the circumstances would have disclosed the nature of 
the subject matter and if a failure to inspect or observe is either for the purpose of 
avoiding the disclosure or is criminally negligent as described in Section 
76-2-103
.
(7)
(9)
(a)
"Material" means anything printed or written or any picture, drawing, 
photograph, motion picture, or pictorial representation, or any statue or other figure, 
or any recording or transcription, or any mechanical, chemical, or electrical 
reproduction, or anything which is or may be used as a means of communication. 
(b)
"
Material
"
 includes undeveloped photographs, molds, printing plates, and other 
latent representational objects.
(8)
(10)
"Minor" means 
any person less
an individual younger
 than 18 years 
of age
old
.
(9)
(11)
"Negligently" means simple negligence, the failure to exercise that degree of care 
that a reasonable and prudent person would exercise under like or similar circumstances.
(10)
(12)
"Nudity" means:
(a)
the showing of the human male or female genitals, pubic area, or buttocks, with less 
than an opaque covering;
(b)
the showing of a female breast with less than an opaque covering, or any portion of 
the female breast below the top of the areola; or
(c)
the depiction of covered male genitals in a discernibly turgid state.
(11)
(13)
"Performance" means any physical human bodily activity, whether engaged in 
alone or with other 
persons
individuals
, including singing, speaking, dancing, acting, 
simulating, or pantomiming.
(14)
"Pornographic" means:
(a)
the average individual, applying contemporary community standards, finds that, 
taken as a whole, the material or performance appeals to prurient interest in sex;
(b)
the material or performance is patently offensive in the description or depiction of 
nudity, sexual conduct, sexual excitement, sadomasochistic abuse, or excretion; and
(c)
taken as a whole the material or performance does not have serious literary, artistic, 
political, or scientific value.
(12)
(15)
"Public place" includes a place to which admission is gained by payment of a 
membership or admission fee, however designated, notwithstanding its being designated 
a private club or by words of like import.
(13)
(16)
"Sadomasochistic abuse" means:
(a)
flagellation or torture by or upon a person who is nude or clad in undergarments, a 
mask, or in a revealing or bizarre costume; or
(b)
the condition of being fettered, bound, or otherwise physically restrained on the part 
of 
a person
an individual
 clothed as described in Subsection 
(13)(a)
.
(14)(a).
(14)
(17)
"Sexual conduct" means acts of masturbation, sexual intercourse, or any 
touching of 
a person's
an individual's
 clothed or unclothed genitals, pubic area, 
buttocks, or, if the 
person
individual
 is a female, breast, whether alone or between 
members of the same or opposite sex or between humans and animals in an act of 
apparent or actual sexual stimulation or gratification.
(15)
(18)
"Sexual excitement" means a condition of human male or female genitals when 
in a state of sexual stimulation or arousal, or the sensual experiences of humans 
engaging in or witnessing sexual conduct or nudity.
Section 171, Section 
76-5c-102
, which is renumbered from Section 76-10-1203 is renumbered 
and amended to read:
76-10-1203
76-5c-102
. Evidence related to a material's or performance's 
literary, artistic, political, or scientific value.
(1)
Any material or performance is pornographic if:
(a)
The average person, applying contemporary community standards, finds that, taken 
as a whole, it appeals to prurient interest in sex;
(b)
It is patently offensive in the description or depiction of nudity, sexual conduct, 
sexual excitement, sadomasochistic abuse, or excretion; and
(c)
Taken as a whole it does not have serious literary, artistic, political or scientific 
value.
(2)
(1)
In 
prosecutions
a prosecution
 under this 
part
chapter
, where circumstances of 
production, presentation, sale, dissemination, distribution, exhibition, or publicity 
indicate that the matter is being commercially exploited by the 
defendant
actor
 for the 
sake of 
its
the matter's
 prurient appeal, this evidence is probative with respect to the 
nature of the matter and can justify the conclusion that, in the context in which 
it
the 
matter
 is used, the matter has no serious literary, artistic, political, or scientific value.
(3)
(2)
Neither the prosecution nor the defense shall be
In a prosecution under this chapter 
neither the prosecution or the defense is
 required to introduce expert witness testimony 
to testify 
as to whether 
the
a
 material or performance is or is not harmful to adults or 
minors or is or is not pornographic, or as to any element of the definition of 
pornographic, including contemporary community standards.
Section 172, Section 
76-5c-103
, which is renumbered from Section 76-10-1210 is renumbered 
and amended to read:
76-10-1210
76-5c-103
. Relation to other state and local laws.
(1)
(a)
It is not the intent of this part to prescribe or limit the regulation of pornographic 
materials or materials harmful to minors, and counties, cities, and other political 
subdivisions are specifically given the right to further regulate the materials.
(b)
(a)
A county, city, or other political subdivision has the right to regulate 
pornographic materials or materials harmful to minors as this chapter does not 
proscribe or limit the regulation of pornographic materials or materials harmful to 
minors by a county, city, or other political subdivision.
(b)
Without limitation, a political subdivision may further regulate 
pornographic 
materials
 or materials harmful to minors
 by ordinances relating to:
(i)
zoning;
(ii)
licensing;
(iii)
public nuisances;
(iv)
a specific type of business such as adult bookstores or drive-in movies; or
(v)
use of blinder racks.
(2)
It is not the intent of this part to 
This chapter does not 
preclude the application of other 
laws of this state to pornographic materials or materials harmful to minors
. Specifically
and
, without limitation, this 
part
chapter
 is not in derogation of 
Sections 
76-10-803
Subsection 
76-9-1301(2)
 and 
76-10-806
Section 
76-9-1306
.
(3)
(a)
The commission of a crime under this 
part shall be considered to offend
chapter 
offends
 public decency under 
Section 
76-10-803
Subsection 
76-9-1301(2)
. 
(b)
It is the intent of this 
part
chapter
 to give the broadest meaning permissible under 
the 
federal and state constitutions
United States Constitution and the Utah 
Constitution
 to the words "offends public decency" in 
Section 
76-10-803
Subsection 
76-9-1301(2)
.
Section 173, Section 
76-5c-104
, which is renumbered from Section 76-10-1209 is renumbered 
and amended to read:
76-10-1209
76-5c-104
. Injunctive relief -- Jurisdiction -- Consent to be sued.
(1)
(a)
The district courts of this state shall have
Subject to Subsections (1)(b), (c), (d), 
and (e), a district court has
 full power, authority, and jurisdiction, upon application by 
any county attorney or city attorney within 
their
the county attorney's or city 
attorney's
 respective jurisdictions or the attorney general, to issue any and all proper 
restraining orders, preliminary and permanent injunctions, and any other writs and 
processes appropriate to carry out and enforce the provisions of this 
part
chapter
. 
(b)
No restraining order or injunction, however, shall issue except upon notice to the 
person sought to be enjoined. 
(c)
That
The
 person 
shall be
sought to be enjoined is
 entitled to a trial of the issues 
commencing within three days after 
filing of an
the day on which the
 answer to the 
complaint
 is filed
 and a decision 
shall be rendered by the court
by the court is 
required to be rendered
 within two days after the conclusion of the trial. 
(d)
If a final order or judgment of injunction is entered against the person sought to be 
enjoined, this final order or judgment shall contain a provision directing the person to 
surrender to the sheriff of the county in which the action was brought any 
pornographic material in the person's possession which is subject to the injunction
; 
and the
.
(e)
The
 sheriff 
receiving the material described in Subsection 
(1)(d)
shall be directed to 
seize and destroy 
this
the
 material.
(2)
Any person not qualified to do business in the state who sends or brings any 
pornographic material into the state with the intent to distribute or exhibit 
it
the 
pornographic material
 to others in this state consents that the person may be sued in any 
proceedings commenced under this section.
Section 174, Section 
76-5c-105
, which is renumbered from Section 76-10-1207 is renumbered 
and amended to read:
76-10-1207
76-5c-105
. Lease void if property used for conduct prohibited by 
chapter.
(1)
If a tenant or occupant of real property uses 
this
the real
 property for an activity for 
which 
he or his
the tenant or occupant or tenant's or occupant's
 employee is convicted 
under any provision of this 
part
chapter
, the conviction makes void the lease or other 
title under which 
he
the tenant or occupant
 holds at the option of the fee owner or any 
intermediate lessor
;
.
(2)
and 10
Subject to Subsection 
(3)
, ten
 days after the
 day on which the
 fee owner or 
any 
intermediate lessor gives notice in writing to the tenant or occupant that 
he
the fee 
owner or intermediate lessor
 is exercising the option
 to void the lease or other title as 
described in Subsection 
(1)
, the right of possession to the property reverts 
in
to
 the 
person
fee owner or intermediate lessor
 exercising the option. 
(3)
This
The fee owner's or intermediate lessor's
 option
 described in Subsection 
(2)
 does 
not arise until all avenues of direct appeal from the conviction have been exhausted or 
abandoned by the tenant or occupant, or 
his
the tenant's or occupant's
 employee.
(2)
It shall be unlawful for a fee owner or intermediate lessor of real property to knowingly 
allow this property to be used for the purpose of distributing or exhibiting pornographic 
materials, or for pornographic performances, by a tenant or occupant if the tenant or 
occupant, or his employee, has been convicted under any provision of this part of an 
offense occurring on the same property and all avenues of direct appeal from the 
conviction have been exhausted or abandoned.
(a)
"Allow" under this subsection 
(2)
 means a failure to exercise the option arising 
under subsection 
(1)
 within 10 days after the fee owner or lessor receives notice in 
writing from the county attorney of the county where the property is situated, or if 
situated in a city of the first or second class, from the city attorney of that city, that 
the property is being used for a purpose prohibited by this subsection 
(2)
.
(b)
A willful violation of this subsection 
(2)
 is a class A misdemeanor and any fine 
assessed, if not paid within 30 days after judgment, shall become a lien upon the 
property.
(3)
Any tenant or occupant who receives a notice in writing that the fee owner or 
intermediate lessor is exercising the option provided by subsection 
(1)
 and who does not 
quit the premises within 10 days after the giving of that notice is guilty of a class A 
misdemeanor.
Section 175, Section 
76-5c-106
, which is renumbered from Section 76-10-1213 is renumbered 
and amended to read:
76-10-1213
76-5c-106
. Corporate defendants -- Summons -- Subpoena duces 
tecum.
(1)
(a)
The attendance in court 
of
by
 a corporation for purposes of commencing or 
prosecuting a criminal action against 
it
the corporation
 under this 
part
chapter
 may 
be accomplished by the issuance and service of a summons
. A summons shall be
issued by a magistrate if 
he
the magistrate
 finds probable cause that material in the 
possession of the corporation 
against which the summons is sought 
is pornographic 
or harmful to minors, which finding shall be upon affidavit describing with 
specificity the material alleged to be pornographic or harmful to minors or by another 
manner or means the magistrate finds necessary.
(b)
Where practical, the material alleged to be pornographic or harmful to minors shall 
be attached to the affidavit 
so as
described in Subsection (1)(a)
 to 
afford
provide
the magistrate 
with 
the opportunity to examine 
this
the
 material.
(c)
The summons must be served upon the corporation by delivery of 
it
the summons
 to 
an officer, director, managing or general agent, or cashier, or assistant cashier of the 
corporation.
(2)
The production of material alleged to be pornographic or harmful to minors in any 
proceedings under this 
part
chapter
 against a corporation may be compelled by the 
issuance and service of a subpoena duces tecum. 
(3)
This section does not prohibit or limit the use of a subpoena duces tecum in proceedings 
against 
natural persons
individuals
 under this 
part
chapter
.
Section 176, Section 
76-5c-107
, which is renumbered from Section 76-10-1212 is renumbered 
and amended to read:
76-10-1212
76-5c-107
. Search and seizure -- Affidavit -- Issuance of warrant -- 
Hearing upon claim that material seized not pornographic or harmful to minors -- 
Procedures cumulative.
(1)
(a)
An affidavit for a search warrant shall be filed with 
the
a
 magistrate describing 
with specificity the material sought to be seized. 
(b)
Where practical, the material alleged to be pornographic or harmful to minors shall 
be attached to the affidavit for 
a 
search warrant 
described in Subsection 
(1)(a)
to 
afford
provide
 the magistrate 
with 
the opportunity to examine 
this
the
 material.
(2)
(a)
Upon the filing of an affidavit for a search warrant
 under Subsection 
(1)
, the 
magistrate shall determine, by examination of the material sought to be seized if 
attached, by examination of the affidavit describing the material, or by 
other
another
manner or means that 
he
the magistrate
 finds necessary, whether probable cause 
exists to believe that the material is pornographic or harmful to minors and whether 
probable cause exists for the immediate issuance of a search warrant. 
(b)
Upon making 
this
the
 determination
, he
 that probable cause exists under 
Subsection (2)(a), the magistrate
 shall issue a search warrant ordering the seizure of 
the material described in the affidavit for a search warrant according to the provisions 
of the Utah Rules of Criminal Procedure.
(3)
(a)
If a search warrant is issued
 under Subsection 
(2)
 and 
the 
material alleged to be 
pornographic or harmful to minors is seized under the provisions of this section, any 
person claiming to be in possession of this material or claiming ownership of 
it
the 
material
 at the time of 
its
the material's
 seizure may file a notice in writing with the 
magistrate within 10 days after the 
date of the seizure, alleging
day on which the 
material was seized, to assert
 that the material is not pornographic or harmful to 
minors.
(b)
The magistrate shall set a hearing within seven days after the filing of 
this notice
the 
notice described in Subsection 
(3)(a)
, or at another time 
to which
with the consent of
the claimant
 might agree. At this hearing
, at which
 evidence may be presented 
as to
regarding
 whether there is probable cause to believe 
that 
the material seized is 
pornographic or harmful to minors
, and at the conclusion of the hearing the 
magistrate shall make a further determination of whether probable cause exists to 
believe that the material is pornographic or harmful to minors
.
(c)
(i)
A 
At the conclusion of the hearing described in Subsection (3)(b), the 
magistrate shall make a further determination of whether probable cause exists to 
believe that the material is pornographic or harmful to minors.
(ii)
decision as to whether there is probable cause to believe the seized material is 
pornographic or harmful to minors
The magistrate's determination described in 
Subsection (3)(c)(i)
 shall be rendered by the court within two days after 
the 
conclusion of the hearing
the day on which the hearing described in Subsection 
(3)(b) concludes
.
(d)
If at the hearing 
described in Subsection (3)(b) 
the magistrate finds that no probable 
cause exists to believe that the material is pornographic or harmful to minors,
 then
the material shall be returned to the person
 or persons
 from whom it was seized.
(e)
If the material seized is a film, and the claimant demonstrates that no other copy of 
the film is available to 
him
the claimant
, the court shall allow the film to be copied 
at the claimant's expense pending the hearing
 described in Subsection (3)(b)
.
(4)
If a motion to suppress the evidence is granted on the grounds of an unlawful seizure, 
the property shall be restored unless it is subject to confiscation as contraband, in which 
case 
it
the property
 may not be returned.
(5)
(a)
Procedures under this section for the seizure of allegedly pornographic material or 
material harmful to minors are cumulative of all other lawful means of obtaining 
evidence as provided by the laws of this state.
(b)
This section does not prevent the obtaining of allegedly pornographic material or 
material harmful to minors by purchase, subpoena duces tecum, or under injunction 
proceedings as authorized by this act or by any other provision of law of the state.
Section 177, Section 
76-5c-108
, which is renumbered from Section 76-10-1215 is renumbered 
and amended to read:
76-10-1215
76-5c-108
. Prosecution by county, district, or city attorney.
(1)
Prosecution
Subject to Subsection 
(2)
, a prosecution
 for 
a 
violation 
of any section 
of
of
 this 
part
chapter
, including
 for
 a felony violation, shall be brought by the county 
attorney or, if within a prosecution district, the district attorney of the county where the 
violation occurs. 
(2)
If 
the
a
 violation occurs
, however,
 in a city of the first or second class, 
a 
prosecution 
may be brought by 
either 
the county
 attorney
, district
 attorney
, or city attorney, 
notwithstanding any provision of law limiting the powers of 
a 
city 
attorneys. 
attorney.
(3)
All fines imposed for 
the
a
 violation of this 
part
chapter
 shall be paid to the county 
or city 
of
where
 the prosecuting attorney
, as the case may be
 is located
.
Section 178, Section 
76-5c-109
, which is renumbered from Section 76-10-1208 is renumbered 
and amended to read:
76-10-1208
76-5c-109
. Affirmative defenses.
(1)
It is an affirmative defense to 
a 
prosecution under this 
part
chapter
 that the distribution 
of pornographic material is restricted to institutions or persons having scientific, 
educational, governmental, or other similar justification for possessing pornographic 
material.
(2)
It is not a defense to 
a 
prosecution under this 
part
chapter
 that the actor is a motion 
picture projectionist, usher, ticket-taker, bookstore employee, or otherwise is required to 
violate this 
part
chapter
 incident to the 
person's
actor's
 employment.
(3)
It is an affirmative defense to prosecution under Section 
76-10-1206
, 
76-10-1227
, or 
76-10-1228
 for displaying or exhibiting an outer portion of material, that the material is:
(a)
in a sealed opaque wrapper that covers at least the lower 2/3 of the material so that 
the lower 2/3 of the material is concealed from view;
(b)
placed behind a blinder rack; or
(c)
displayed in an area from which a minor is physically excluded if the material 
cannot be viewed by the minor from an area in which a minor is allowed.
Section 179, Section 
76-5c-110
, which is renumbered from Section 76-10-1207.5 is renumbered 
and amended to read:
76-10-1207.5
76-5c-110
. Exemptions to chapter.
(1)
This 
part
chapter
 does not apply to the Department of Corrections or any 
treatment program by or under contract with the 
department
Department of Corrections
when the use of 
sexually explicit 
material that is pornographic is limited to the 
assessment or treatment of an offender as defined 
under
in
 Section 
64-13-1
.
(2)
A woman breast feeding, including breast feeding in any location where the woman 
otherwise may rightfully be, does not under any circumstance constitute a violation of 
this chapter, irrespective of whether the woman's breast is covered during or incidental 
to feeding.
Section 180, Section 
76-5c-111
, which is renumbered from Section 76-10-1211 is renumbered 
and amended to read:
76-10-1211
76-5c-111
. Severability clause.
If any clause, sentence, paragraph, or part of this part or its application to any person or 
circumstance shall for any reason be adjudged by any court of competent jurisdiction to be 
invalid, the judgment shall not affect, impair, or invalidate the remainder of this part or its 
application to other persons or circumstances but shall be confined in its operation to the 
clause, sentence, paragraph, persons, or circumstances, or part thereof directly involved in the 
controversy in which the judgment shall have been rendered.
(1)
If any provision, part, section, or subsection of this chapter or the application of any 
provision, part, section, or subsection to any person or circumstance is held invalid by a 
final decision of a court, the remainder of this chapter shall be given effect without the 
invalid provision, part, section, or subsection or application.
(2)
The provisions of this chapter are severable.
Section 181, Section 
76-5c-201
 is enacted to read:
2. General Offenses
76-5c-201
. Definitions.
As used in this part:
(1)
"Hosting company" means the same as that term is defined in Section 
76-5c-401
.
(2)
"Internet service provider" means the same as that term is defined in Section 
76-5c-401
.
Section 182, Section 
76-5c-202
, which is renumbered from Section 76-10-1204 is renumbered 
and amended to read:
76-10-1204
76-5c-202
. Distributing pornographic material.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-5c-101
, and 
76-5c-201
 apply to this section.
(1)
(2)
A person is guilty of
An actor commits
 distributing pornographic material 
when 
the person
if the actor
 knowingly:
(a)
sends or brings 
any 
pornographic material into the state with intent to distribute or 
exhibit 
it
the pornographic material
 to 
others
another individual
;
(b)
prepares, publishes, prints, or possesses 
any 
pornographic material with intent to 
distribute or exhibit 
it
the pornographic material
 to 
others
another individual
;
(c)
distributes or offers to distribute, or exhibits or offers to exhibit, 
any 
pornographic 
material to 
others
another individual
;
(d)
writes, creates, or solicits the publication or advertising of pornographic material;
(e)
promotes the distribution or exhibition of material the 
person
actor
 represents to be 
pornographic; or
(f)
presents or directs a pornographic performance in 
any
a
 public place or 
any
a
 place 
exposed to public view or participates in that portion of the performance which 
makes 
it
the performance
 pornographic.
(2)
Each distributing of pornographic material as defined in Subsection 
(1)
 is a separate 
offense.
(3)
It is a separate offense under this section for:
(a)
each day's exhibition of any pornographic motion picture film; and
(b)
each day in which any pornographic publication is displayed or exhibited in a public 
place with intent to distribute or exhibit it to others.
(4)
(3)
(a)
An offense under this section committed by a person
Except as provided in 
Subsection (3)(b) or (c), a violation of Subsection (2) is a third degree felony if the 
actor is
 18 years old or older 
is a third degree felony punishable by
and is subject to
:
(i)
a minimum mandatory fine of not less than $1,000, plus $10 for each article 
exhibited up to the maximum allowed by law; and
(ii)
incarceration, without suspension of sentence in any way, for a term of not less 
than 30 days.
(b)
An offense under this section committed by a person
Except as provided in 
Subsection (3)(c), a violation of Subsection (2) is a class A misdemeanor if the actor 
is
 16 or 17 years old
 is a class A misdemeanor
.
(c)
An offense under this section committed by a person
A violation of Subsection 
(2)
is a class B misdemeanor if the actor is
 younger than 16 years old
 is a class B 
misdemeanor
.
(d)
Subsection 
(4)(a)
 supersedes Section 
77-18-105
.
(5)
A person 18 years old or older who knowingly solicits, requests, commands, 
encourages, or intentionally aids another person younger than 18 years old to engage in 
conduct prohibited under Subsection 
(1)
, 
(2)
, or 
(3)
 is guilty of a third degree felony and 
is subject to the penalties under Subsection 
(4)(a)
.
(4)
It is a separate offense under this section for:
(a)
each day's exhibition of a pornographic motion picture film;
(b)
each day in which a pornographic publication is displayed or exhibited in a public 
place with intent to distribute or exhibit the publication to another individual; or
(c)
each act of distributing of pornographic material described in Subsection (2).
(6)
(5)
(a)
This section does not apply to an Internet service provider
, as defined in 
Section 
76-10-1230
,
 if:
(i)
the distribution of pornographic material by the Internet service provider occurs 
only incidentally through the Internet service provider's function of:
(A)
transmitting or routing data from one person to another person; or
(B)
providing a connection between one person and another person;
(ii)
the Internet service provider does not intentionally aid or abet in the distribution 
of the pornographic material; and
(iii)
the Internet service provider does not knowingly receive funds from or through a 
person who distributes the pornographic material in exchange for permitting the 
person to distribute the pornographic material.
(b)
This section does not apply to a hosting company
, as defined in Section 
76-10-1230
,
if:
(i)
the distribution of pornographic material by the hosting company occurs only 
incidentally through the hosting company's function of providing data storage 
space or data caching to a person;
(ii)
the hosting company does not intentionally engage, aid, or abet in the distribution 
of the pornographic material; and
(iii)
the hosting company does not knowingly receive funds from or through a person 
who distributes the pornographic material in exchange for permitting the person to 
distribute, store, or cache the pornographic material.
(6)
Subsection (3)(a) supersedes Section 
77-18-105
.
Section 183, Section 
76-5c-203
 is enacted to read:
76-5c-203
. Aiding or abetting a minor in distributing pornographic material.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-5c-101
, and 
76-5c-201
 apply to this section.
(2)
An actor commits aiding or abetting a minor in distributing pornographic material if the 
actor:
(a)
is 18 years old or older; and
(b)
knowingly solicits, requests, commands, encourages, or intentionally aids a minor in:
(i)
sending or bringing pornographic material into the state with intent to distribute or 
exhibit the pornographic material to another individual;
(ii)
preparing, publishing, printing, or possessing pornographic material with intent to 
distribute or exhibit the pornographic material to another individual;
(iii)
distributing or offering to distribute, or exhibiting or offering to exhibit, 
pornographic material to another individual;
(iv)
writing, creating, or soliciting the publication or advertising of pornographic 
material;
(v)
promoting the distribution or exhibition of material the minor represents to be 
pornographic; or
(vi)
presenting or directing a pornographic performance in a public place or a place 
exposed to public view or participates in that portion of the performance which 
makes the performance pornographic.
(3)
A violation of Subsection 
(2)
 is a third degree felony subject to:
(a)
a minimum mandatory fine of not less than $1,000, plus $10 for each article 
exhibited up to the maximum allowed by law; and
(b)
incarceration, without suspension of sentence in any way, for a term of not less than 
30 days.
(4)
(a)
Each act of distributing pornographic material described in Subsection (2) is a 
separate offense.
(b)
It is a separate offense under this section for:
(i)
each day's exhibition of any pornographic motion picture film; and
(ii)
each day in which any pornographic publication is displayed or exhibited in a 
public place with intent to distribute or exhibit the publication to another 
individual.
(5)
(a)
This section does not apply to an Internet service provider if:
(i)
the distribution of pornographic material by the Internet service provider occurs 
only incidentally through the Internet service provider's function of:
(A)
transmitting or routing data from one person to another person; or
(B)
providing a connection between one person and another person;
(ii)
the Internet service provider does not intentionally aid or abet in the distribution 
of the pornographic material; and
(iii)
the Internet service provider does not knowingly receive funds from or through a 
person who distributes the pornographic material in exchange for permitting the 
person to distribute the pornographic material.
(b)
This section does not apply to a hosting company if:
(i)
the distribution of pornographic material by the hosting company occurs only 
incidentally through the hosting company's function of providing data storage 
space or data caching to a person;
(ii)
the hosting company does not intentionally engage, aid, or abet in the distribution 
of the pornographic material; and
(iii)
the hosting company does not knowingly receive funds from or through a person 
who distributes the pornographic material in exchange for permitting the person to 
distribute, store, or cache the pornographic material.
(6)
Subsection (3) supersedes Section 
77-18-105
.
Section 184, Section 
76-5c-204
, which is renumbered from Section 76-10-1205 is renumbered 
and amended to read:
76-10-1205
76-5c-204
. Inducing acceptance of pornographic material.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-5c-101
, and 
76-5c-201
 apply to this section.
(1)
(2)
A person is guilty of
An actor commits 
 inducing acceptance of pornographic 
material 
when he
if the actor
 knowingly:
(a)
requires or demands as a condition to a sale, allocation, consignment, or delivery for 
resale of any newspaper, magazine, periodical, book, publication, or other 
merchandise that the purchaser or consignee receive any pornographic material or 
material reasonably believed by the purchaser or consignee to be pornographic; or
(b)
denies, revokes, or threatens to deny or revoke a franchise, or to impose any penalty, 
financial or otherwise, because of the failure or refusal to accept pornographic 
material or material reasonably believed by the purchaser or consignee to be 
pornographic.
(2)
(3)
(a)
An offense under this section
A violation of Subsection (2)
 is a third degree 
felony 
punishable by
subject to
:
(i)
(a)
a minimum mandatory fine of not less than $1,000 plus $10 for each article 
exhibited up to the maximum allowed by law; and
(ii)
(b)
incarceration, without suspension of sentence in any way, for a term of not less 
than 30 days.
(b)
This Subsection 
(2)
 supersedes Section 
77-18-105
.
(3)
(4)
(a)
This section does not apply to an Internet service provider
, as defined in 
Section 
76-10-1230
,
 if:
(i)
the distribution of pornographic material by the Internet service provider occurs 
only incidentally through the Internet service provider's function of:
(A)
transmitting or routing data from one person to another person; or
(B)
providing a connection between one person and another person;
(ii)
the Internet service provider does not intentionally aid or abet in the distribution 
of the pornographic material; and
(iii)
the Internet service provider does not knowingly receive funds from or through a 
person who distributes the pornographic material in exchange for permitting the 
person to distribute the pornographic material.
(b)
This section does not apply to a hosting company
, as defined in Section 
76-10-1230
,
if:
(i)
the distribution of pornographic material by the hosting company occurs only 
incidentally through the hosting company's function of providing data storage 
space or data caching to a person;
(ii)
the hosting company does not intentionally engage, aid, or abet in the distribution 
of the pornographic material; and
(iii)
the hosting company does not knowingly receive funds from or through a person 
who distributes the pornographic material in exchange for permitting the person to 
distribute, store, or cache the pornographic material.
(5)
Subsection (3) supersedes Section 
77-18-105
.
Section 185, Section 
76-5c-205
, which is renumbered from Section 76-10-1206 is renumbered 
and amended to read:
76-10-1206
76-5c-205
. Distributing material harmful to minors.
(1)
A person is guilty of dealing in material harmful to minors when, knowing or believing 
that an individual is a minor, or having negligently failed to determine the proper age of 
a minor, the person intentionally:
(a)
distributes or offers to distribute, or exhibits or offers to exhibit, to a minor or an 
individual whom the person believes to be a minor, any material harmful to minors;
(b)
produces, performs, or directs any performance, before a minor or an individual 
whom the person believes to be a minor, that is harmful to minors; or
(c)
participates in any performance, before a minor or an individual whom the person 
believes to be a minor, that is harmful to minors.
(2)
(a)
Except as provided in Subsection 
(2)(b)
, each separate offense under this section 
committed by a person 18 years old or older is a third degree felony punishable by:
(i)
a minimum mandatory fine of not less than $1,000, plus $10 for each article 
exhibited up to the maximum allowed by law; and
(ii)
incarceration, without suspension of sentence, for a term of not less than 14 days.
(b)
Each separate offense under this section committed by a person 18 years old or 
older against a minor 16 years old or older, but younger than 18 years old, is a class 
A misdemeanor if the person is less than seven years older than the minor at the time 
of the offense.
(c)
Each separate offense under this section committed by a person 16 or 17 years old is 
a class A misdemeanor.
(d)
Each separate offense under this section committed by a person younger than 16 
years old is a class B misdemeanor.
(e)
Subsection 
(2)(a)
 supersedes Section 
77-18-105
.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-5c-101
, and 
76-5c-201
 apply to this section.
(2)
An actor commits distributing material harmful to minors if the actor:
(a)
(i)
intentionally distributes or offers to distribute, or exhibits or offers to exhibit, 
material harmful to minors to an individual;
(ii)
intentionally produces, performs, or directs any performance, before an individual 
that is harmful to minors; or
(iii)
intentionally participates in a performance before an individual that is harmful to 
minors; and
(b)
(i)
knows or believes the individual described in Subsection 
(2)(a)
 is a minor; or
(ii)
negligently fails to determine if the individual described in Subsection 
(2)(a)
 is a 
minor and the individual is a minor.
(3)
(a)
Except as provided in Subsection 
(3)(b)
, (c), (d), or (e), a violation of Subsection 
(2) is a second degree felony if the actor is 18 years old or older and has previously 
been convicted or adjudicated of a violation of Subsection (2) and is subject to:
(i)
a minimum mandatory fine of not less than $5,000, plus $10 for each article 
exhibited up to the maximum allowed by law; and
(ii)
incarceration, without suspension of sentence, for a term of not less than one year.
(b)
Except as provided in Subsection 
(3)(c)
, (d), or (e), a violation of Subsection 
(2)
 is a 
third degree felony if:
(i)
the actor is 18 years old or older and is subject to:
(A)
a minimum mandatory fine of not less than $1,000, plus $10 for each article 
exhibited up to the maximum allowed by law; and
(B)
incarceration, without suspension of sentence, for a term of not less than 14 
days; or
(ii)
the actor is younger than 18 years old and has previously been convicted of a 
violation of Subsection (2).
(c)
Except as provided in Subsection 
(3)(d)
 or (e), a violation of Subsection (2) is a class 
A misdemeanor if the actor is 18 years old or older and the minor described in 
Subsection (2) is 16 years old or older, but younger than 18 years old, and the actor is 
less than seven years older than the minor at the time of the offense.
(d)
Except as provided in Subsection (3)(e), a violation of Subsection (2) is a class A 
misdemeanor if the actor is 16 years old or 17 years old.
(e)
A violation of Subsection (2) is a class B misdemeanor if the actor is younger than 
16 years old.
(3)
(a)
Except for a defendant described in Subsection 
(2)(b)
, if a defendant 18 years 
old or older has been previously convicted or adjudicated by the juvenile court under 
this section, each separate subsequent offense is a second degree felony punishable 
by:
(i)
a minimum mandatory fine of not less than $5,000, plus $10 for each article 
exhibited up to the maximum allowed by law; and
(ii)
incarceration, without suspension of sentence, for a term of not less than one 
year.
(b)
If a defendant described in Subsection 
(2)(b)
 or a defendant younger than 18 years 
old has been previously convicted or adjudicated by the juvenile court under this 
section, each separate subsequent offense is a third degree felony.
(c)
Subsection 
(3)(a)
 supersedes Section 
77-18-105
.
(d)
(i)
(4)
(a)
This section does not apply to an Internet service provider
, as defined in Section 
76-10-1230
, a provider of an electronic communications service as defined in 18 
U.S.C. Sec. 2510, a telecommunications service, information service, or mobile 
service as defined in 47 U.S.C. Sec. 153, including a commercial mobile service as 
defined in 47 U.S.C. Sec. 332(d), or a cable operator as defined in 47 U.S.C. Sec. 
522, if:
(A)
(i)
the distribution of pornographic material by the Internet service provider 
occurs only incidentally through the provider's function of:
(I)
(A)
transmitting or routing data from one person to another person; or
(II)
(B)
providing a connection between one person and another person;
(B)
(ii)
the provider does not intentionally aid or abet in the distribution of the 
pornographic material; and
(C)
(iii)
the provider does not knowingly receive from or through a person who 
distributes the pornographic material a fee greater than the fee generally charged 
by the provider, as a specific condition for permitting the person to distribute the 
pornographic material.
(ii)
(b)
This section does not apply to a hosting company
, as defined in Section 
76-10-1230
,
 if:
(A)
(i)
the distribution of pornographic material by the hosting company occurs only 
incidentally through the hosting company's function of providing data storage 
space or data caching to a person;
(B)
(ii)
the hosting company does not intentionally engage, aid, or abet in the 
distribution of the pornographic material; and
(C)
(iii)
the hosting company does not knowingly receive from or through a person 
who distributes the pornographic material a fee greater than the fee generally 
charged by the provider, as a specific condition for permitting the person to 
distribute, store, or cache the pornographic material.
(4)
A service provider, as defined in Section 
76-10-1230
,
(5)
An Internet service provider 
is not negligent under this section if the 
Internet 
service 
provider complies with Section 
76-10-1231
76-5c-402
.
(5)
A person 18 years old or older who knowingly solicits, requests, commands, 
encourages, or intentionally aids another person younger than 18 years old to engage in 
conduct in violation of Subsection 
(1)
 is guilty of a third degree felony and is subject to 
the penalties under Subsection 
(2)(a)
.
(6)
It is an affirmative defense to a prosecution for a violation of this section if the violation 
arises from displaying or exhibiting an outer portion of material that the material is:
(a)
in a sealed opaque wrapper that covers at least the lower 2/3 of the material so that 
the lower 2/3 of the material is concealed from view;
(b)
placed behind a blinder rack; or
(c)
(i)
displayed in an area from which a minor is physically excluded; and
(ii)
the material cannot be viewed by the minor from an area where the minor is 
allowed.
(7)
Subsections 
(3)(a)
 and (3)(b)(i) supersede Section 
77-18-105
.
Section 186, Section 
76-5c-206
 is enacted to read:
76-5c-206
. Aiding or abetting a minor in distributing material harmful to 
minors.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-5c-101
, and 
76-5c-201
 apply to this section.
(2)
An actor commits aiding or abetting a minor in distributing material harmful to minors 
if:
(a)
the actor is 18 years old or older; and
(b)
the actor knowingly solicits, requests, commands, encourages, or intentionally aids a 
minor to:
(i)
intentionally distribute or offer to distribute, or exhibit or offer to exhibit, material 
harmful to minors to an individual;
(ii)
intentionally produce, perform, or direct any performance, before an individual 
that is harmful to minors; or
(iii)
intentionally participate in any performance, before an individual that is harmful 
to minors; and
(c)
(i)
the minor described in Subsection 
(2)(b)
 knows or believes the individual 
described in Subsections 
(2)(b)(i)
 through (iii) is a minor; or
(ii)
the minor described in Subsection (2)(b) negligently fails to determine if the 
individual described in Subsections (2)(b)(i) through (iii) is a minor and the 
individual is a minor.
(3)
A violation of Subsection 
(2)
 is a third degree felony subject to:
(a)
a minimum mandatory fine of not less than $5,000, plus $10 for each article 
exhibited up to the maximum allowed by law; and
(b)
incarceration, without suspension of sentence, for a term of not less than one year.
(4)
(a)
This section does not apply to an Internet service provider, a provider of an 
electronic communications service as defined in 18 U.S.C. Sec. 2510, a 
telecommunications service, information service, or mobile service as defined in 47 
U.S.C. Sec. 153, including a commercial mobile service as defined in 47 U.S.C. Sec. 
332(d), or a cable operator as defined in 47 U.S.C. Sec. 522, if:
(i)
the distribution of pornographic material by the Internet service provider occurs 
only incidentally through the provider's function of:
(A)
transmitting or routing data from one person to another person; or
(B)
providing a connection between one person and another person;
(ii)
the provider does not intentionally aid or abet in the distribution of the 
pornographic material; and
(iii)
the provider does not knowingly receive from or through a person who 
distributes the pornographic material a fee greater than the fee generally charged 
by the provider, as a specific condition for permitting the person to distribute the 
pornographic material.
(b)
This section does not apply to a hosting company if:
(i)
the distribution of pornographic material by the hosting company occurs only 
incidentally through the hosting company's function of providing data storage 
space or data caching to a person;
(ii)
the hosting company does not intentionally engage, aid, or abet in the distribution 
of the pornographic material; and
(iii)
the hosting company does not knowingly receive from or through a person who 
distributes the pornographic material a fee greater than the fee generally charged 
by the provider, as a specific condition for permitting the person to distribute, 
store, or cache the pornographic material.
(5)
An Internet service provider is not negligent under this section if the Internet service 
provider complies with Section 
76-5c-402
.
(6)
It is an affirmative defense to prosecution for a violation of this section if the violation 
arises from displaying or exhibiting an outer portion of material that the material is:
(a)
in a sealed opaque wrapper that covers at least the lower 2/3 of the material so that 
the lower 2/3 of the material is concealed from view;
(b)
placed behind a blinder rack; or
(c)
(i)
displayed in an area from which a minor is physically excluded; and
(ii)
the material cannot be viewed by the minor from an area where the minor is 
allowed.
(7)
Subsection (3) supersedes Section 
77-18-105
.
Section 187, Section 
76-5c-207
, which is renumbered from Section 76-10-1228 is renumbered 
and amended to read:
76-10-1228
76-5c-207
. Indecent public display in the presence of a minor.
(1)
(a)
As used in this section:
(i)
"Description or depiction of illicit sex or sexual immorality" means:
(A)
human genitals in a state of sexual stimulation or arousal;
(B)
acts of human masturbation, sexual intercourse, or sodomy;
(C)
fondling or other erotic touching of human genitals or pubic region; or
(D)
fondling or other erotic touching of the human buttock or female breast.
(ii)
"Serious value" means having serious literary, artistic, political, or scientific value 
for minors, taking into consideration the ages of all minors who could be exposed 
to the material.
(iii)
"Nude or partially denuded figure" means:
(A)
less than completely and opaquely covering human:
(I)
genitals;
(II)
pubic regions;
(III)
buttocks; or
(IV)
female breasts below a point immediately above the top of the areola; or
(B)
human male genitals in a discernibly turgid state, even if completely and 
opaquely covered.
(b)
Terms defined in Sections 
76-1-101.5
, 
76-5c-101
, and 
76-5c-201
 apply to this 
section.
(1)
Subject to the affirmative defense in Subsection 
76-10-1208(3)
, a person is guilty of a 
class A misdemeanor who
(2)
An actor commits indecent public display in the presence of a minor if the actor 
willfully or knowingly:
(a)
engages in the business of selling, lending, giving away, showing, advertising for 
sale, or distributing to a minor or has in the 
person's
actor's
 possession with intent to 
engage in that business or to otherwise offer for sale or commercial distribution to a 
minor any material with:
(i)
a description or depiction of illicit sex or sexual immorality; or
(ii)
a nude or partially denuded figure; or
(b)
publicly displays at 
newsstands
a newsstand
 or 
any other
another
 establishment 
frequented by minors, or where the minors are or may be invited as a part of the 
general public
,
:
(i)
(A)
any
a
 motion picture
, or
;
(B)
any
a
 live, taped, or recorded performance
, or
;
(C)
any
a
 still picture or photograph
,
;
 or 
(D)
any
a
 book, pocket book, pamphlet, or magazine
 the cover or content of 
which:
; and
(i)
(ii)
the cover or content of the items described in Subsection 
(2)(b)
(i):
(A)
exploits, is devoted to, or is principally made up of 
one or more descriptions 
or depictions
a description or depiction
 of illicit sex or sexual immorality; or
(ii)
(B)
consists of 
one or more pictures
a picture
 of nude or partially denuded 
figures.
(2)
(3)
(a)
A violation of this section is 
punishable by
a class A misdemeanor subject 
to
:
(i)
(a)
a minimum mandatory fine of not less than $500; and
(ii)
(b)
incarceration, without suspension of sentence in any way, for a term of not less 
than 30 days.
(b)
This section supersedes Section 
77-18-105
.
(4)
It is an affirmative defense to prosecution for a violation of this section if the violation 
arises from displaying or exhibiting an outer portion of material that the material is:
(a)
in a sealed opaque wrapper that covers at least the lower 2/3 of the material so that 
the lower 2/3 of the material is concealed from view;
(b)
placed behind a blinder rack; or
(c)
(i)
displayed in an area from which a minor is physically excluded; and
(ii)
the material cannot be viewed by the minor from an area where the minor is 
allowed.
(5)
This section does not apply to any material which, when taken as a whole, has serious 
value for minors, however, a description or depiction of illicit sex or sexual immorality 
has no serious value for minors.
(6)
This section supersedes Section 
77-18-105
.
Section 188, Section 
76-5c-208
, which is renumbered from Section 76-10-1235 is renumbered 
and amended to read:
76-10-1235
76-5c-208
. Creating, viewing, or accessing pornographic or 
indecent material on school property.
(1)
(a)
As used in this section:
(i)
"Description or depiction of illicit sex or sexual immorality" means the same as 
that term is defined in Section 
76-5c-207
.
(ii)
"Nude or partially denuded figure" means the same as that term is defined in 
Section 
76-5c-207
.
(a)
(iii)
"Pornographic or indecent material" means any material
 that
:
(i)
(A)
defined as
is
 harmful to minors
 in Section 
76-10-1201
;
(ii)
(B)
described as
is
 pornographic
 in Section 
76-10-1203
; or
;
(iii)
described in Section 
76-10-1227
(C)
is a description of or depiction of illicit sex or sexual immorality; or
(D)
contains a nude or partially denuded figure
.
(b)
(iv)
"School property" means property, including land and improvements, that a 
school district or charter school owns, leases, or occupies.
(b)
Terms defined in Sections 
76-1-101.5
, 
76-5c-101
, and 
76-5c-201
 apply to this 
section.
(2)
Except as provided in Subsection 
(3)
, a person is guilty of
Under circumstances not 
amounting to an offense listed in Subsection (4), an actor commits creating, viewing, or
accessing pornographic or indecent material on school property 
when
if
 the 
person
actor
 willfully or knowingly creates, views, or otherwise gains access to pornographic or 
indecent material while present on school property
, under circumstances not amounting 
to an attempted or actual violation of:
.
(a)
distributing pornographic material as specified in Section 
76-10-1204
;
(b)
inducing acceptance of pornographic material as specified in Section 
76-10-1205
;
(c)
dealing in material harmful to a minor as specified in Section 
76-10-1206
; or
(d)
indecent public displays as specified in Section 
76-10-1228
.
(3)
This section does not apply to school or law enforcement personnel when the access to 
pornographic or indecent material on school property is limited to:
(a)
investigation of a violation of this section; or
(b)
enforcement of this section.
(4)
Each separate offense under this section is:
(a)
a class A misdemeanor if the person is 18 years of age or older; and
(b)
a class B misdemeanor if the person is under 18 years of age.
(3)
(a)
Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class A 
misdemeanor if the actor is 18 years old or older.
(b)
A violation of Subsection (2) is a class B misdemeanor if the actor is younger than 
18 years old.
(4)
The offenses referred to in Subsection (2) are:
(a)
distributing pornographic material as described in Section 
76-5c-202
;
(b)
aiding or abetting a minor in distributing pornographic material as described in 
Section 
76-5c-203
;
(c)
inducing acceptance of pornographic material as described in Section 
76-5c-204
;
(d)
distributing material harmful to minors as described in Section 
76-5c-205
;
(e)
aiding or abetting a minor in distributing material harmful to minors as described in 
Section 
76-5c-206
; or
(f)
indecent public display in the presence of a minor as described in Section 
76-5c-207
.
(5)
This section does not
:
(a)
prohibit disciplinary action for actions that violate this section
.
; or
(b)
apply to school or law enforcement personnel when the school or law enforcement 
personnel views or otherwise gains access to pornographic or indecent material while 
on school property for the limited purpose of:
(i)
investigating a violation of this section; or
(ii)
enforcing this section.
Section 189, Section 
76-5c-209
, which is renumbered from Section 76-10-1236 is renumbered 
and amended to read:
76-10-1236
76-5c-209
. Possession of a child sex doll.
(1)
(a)
As used in this section, "child sex doll" means
 a doll, mannequin, or robot
:
(a)
(i)
an
that is
 anatomically correct
 doll, mannequin, or robot
, with the features 
of, or with features that resemble those of, a minor; and
(b)
(ii)
that 
is intended for use in sexual acts.
(b)
Terms defined in Sections 
76-1-101.5
, 
76-5c-101
, and 
76-5c-201
 apply to this 
section.
(2)
An actor commits 
the offense of 
possession of a child sex doll if the actor knowingly 
or intentionally possesses a child sex doll.
(3)
A violation of Subsection 
(2)
 is a class A misdemeanor, with a mandatory fine of not 
less than $2,500.
Section 190, Section 
76-5c-210
, which is renumbered from Section 76-10-1237 is renumbered 
and amended to read:
76-10-1237
76-5c-210
. Distributing or purchasing a child sex doll.
(1)
(a)
As used in this section:
(a)
(i)
"Child sex doll" means the same as that term is defined in Section 
76-10-1236
76-5c-209
.
(b)
(ii)
"Distribute" means to sell, or with or without consideration, offer to sell, 
advertise, provide, ship, deliver for shipment, offer to deliver for shipment, or 
transfer.
(b)
Terms defined in Sections 
76-1-101.5
, 
76-5c-101
, and 
76-5c-201
 apply to this 
section.
(2)
An actor commits 
the offense of 
distributing or purchasing a child sex doll if the actor 
knowingly, intentionally, or recklessly distributes, purchases, or offers to purchase a 
child sex doll.
(3)
A violation of Subsection 
(2)
 is a third degree felony, with a mandatory fine of not less 
than $10,000.
Section 191, Section 
76-5c-211
, which is renumbered from Section 76-10-1238 is renumbered 
and amended to read:
76-10-1238
76-5c-211
. Deactivation of a pornography device filter on a minor's 
device.
(1)
(a)
An adult individual, other than the parent or legal guardian of the minor in 
possession of a device, who intentionally disables the filter required under Section 
78B-6-2602
 on a device in possession of a minor for the purpose of disseminating 
pornography to the minor, commits a class A misdemeanor.
(b)
For each offense of Subsection (1)(a), the violator is subject to a fine in an amount 
not to exceed $2,500.
(2)
A person who has a prior conviction under this section, who commits a subsequent 
violation of Subsection (1)(a), is guilty of a third degree felony and shall, for each 
separate offense, be fined in an amount not to exceed $5,000 and may be imprisoned for 
zero to five years.
(1)
(a)
As used in this section, "device" means the same as that term is defined in 
78B-6-2601
.
(b)
Terms defined in Sections 
76-1-101.5
, 
76-5c-101
, and 
76-5c-201
 apply to this 
section.
(2)
An actor commits deactivation of a pornography device filter on a minor's device if the 
actor:
(a)
is 18 years old or older;
(b)
intentionally disables the filter required under Section 
78B-6-2602
 that is on a device 
in the possession of a minor;
(c)
disabled the filter for the purpose of disseminating pornography to the minor 
described in Subsection (2)(b); and
(d)
is not the parent or legal guardian of the minor described in Subsection (2)(b).
(3)
(a)
Except as provided in Subsection 
(3)
(b), a violation of Subsection 
(2)
 is a class A 
misdemeanor subject to a fine of not more than $2,500.
(b)
A violation of Subsection 
(2)
 is a third degree felony subject to a fine of not more 
than $5,000 if the actor has previously been convicted of a violation of Subsection (2).
Section 192, Section 
76-5c-212
 is enacted to read:
76-5c-212
. Fee owner or intermediate lessor allowing real property to be used 
for illicit pornographic purposes.
(1)
(a)
As used in this section, "allow" means a failure to exercise the option to void the 
lease or other title described in Section 
76-5c-105
 within 10 days after the day on 
which the fee owner or lessor receives notice in writing from the county attorney of 
the county where the property is situated, or if situated in a city of the first or second 
class, from the city attorney of that city, that the property is being used for a purpose 
prohibited under this chapter.
(b)
Terms defined in Sections 
76-1-101.5
, 
76-5c-101
, and 
76-5c-201
 apply to this 
section.
(2)
An actor commits fee owner or intermediate lessor allowing real property to be used for 
pornographic purposes if:
(a)
the actor is a fee owner or intermediate lessor of real property;
(b)
the actor knowingly allows the real property described in Subsection 
(2)
(a) to be 
used by a tenant or occupant, or a tenant's or occupant's employee, for the purpose of 
distributing or exhibiting pornographic materials, or for pornographic performances; 
and
(c)
the tenant or occupant, or the tenant's or occupant's employee, has been convicted of 
a violation of this chapter for an offense that occurred on the property and all avenues 
of direct appeal from the conviction have been exhausted or abandoned.
(3)
A violation of Subsection (2) is a class A misdemeanor.
(4)
Any fine assessed for a conviction under this section becomes a lien upon the real 
property described in Subsection (2)(a), if the fine is not paid within 30 days after the 
day on which the judgment is entered.
Section 193, Section 
76-5c-213
 is enacted to read:
76-5c-213
. Tenant or occupant failing to exit real property after using the 
property for pornographic purposes.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-5c-101
, and 
76-5c-201
 apply to this section.
(2)
An actor commits tenant or occupant failing to exit real property after using the property 
for pornographic purposes if the actor:
(a)
is a tenant or occupant of real property;
(b)
received notice in writing that the fee owner or intermediate lessor of the real 
property is exercising the option to void the lease or other title described in Section 
76-5c-105
; and
(c)
does not permanently exit the premises within 10 days after the day on which the 
actor received the notice described in Subsection 
(2)(b)
.
(3)
A violation of Subsection 
(2)
 is a class A misdemeanor.
Section 194, Section 
76-5c-214
, which is renumbered from Section 76-10-1214 is renumbered 
and amended to read:
76-10-1214
76-5c-214
. Conspiracy to commit a pornographic or harmful 
materials violation.
(1)
(a)
A conspiracy of two or more persons to commit any offense proscribed by this 
part is a third degree felony punishable for each separate offense by a minimum 
mandatory fine of not less than $1,000 and by imprisonment, without suspension of 
sentence in any way, for a term of not less than 60 days.
(b)
This subsection supersedes Section 
77-18-105
.
(2)
(a)
If a defendant has already been convicted once under this section, each separate 
further offense is a second degree felony punishable by a minimum mandatory fine of 
not less than $5,000 and by imprisonment, without suspension of sentence in any 
way, for a term of not less than one year.
(b)
This subsection supersedes Section 
77-18-105
.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-5c-101
, and 
76-5c-201
 apply to this section.
(2)
An actor commits conspiracy to commit a pornographic or harmful materials violation if 
the actor conspires with two or more persons to commit a violation of this chapter.
(3)
(a)
Except as provided in Subsection (3)(b), a violation of Subsection (2) is a third 
degree felony subject to:
(i)
a minimum mandatory fine of not less than $1,000; and
(ii)
incarceration, without suspension of the sentence in any way, for a term of not 
less than 60 days.
(b)
A violation of Subsection (2) is a second degree felony if the actor has previously 
been convicted of a violation of Subsection 
(2)
 and is subject to:
(i)
a minimum mandatory fine of not less than $5,000; and
(ii)
incarceration, without suspension of the sentence in any way, for a term of not 
less than one year.
(4)
Subsection 
(3)
 supersedes Section 
77-18-105
.
Section 195, Section 
76-5c-301
, which is renumbered from Section 76-10-1216 is renumbered 
and amended to read:
3. Distribution and Exhibition of Motion Picture Films
76-10-1216
76-5c-301
. Definitions.
As used in this 
act
part
:
(1)
"Exhibit" means to show in a public place or in a place where the public is admitted, 
whether or not an admission fee is charged.
(2)
(a)
"Distributor" means 
any
a
 person from which a film is acquired by sale, lease, 
loan, or any other means, directly or indirectly, for the purpose of exhibiting 
it
the 
film
 in this state or elsewhere
.
(b)
 but shall
"Distributor" does
 not include 
any
a
 person whose function with respect 
to 
any
a
 film is limited to the transportation or storage 
thereof
of the film
.
(3)
"Film" means what is usually known as a motion picture film and 
which
that
 is 
intended to be shown commercially for profit by devices of any kind whatsoever.
(4)
"Person" includes 
a natural person
an individual
, firm, association, partnership, or 
corporation.
(5)
"Public place" includes 
any
a
 place 
to which
that
 admission is gained by payment of a 
membership or admission fee, however designated, notwithstanding it is designated as a 
private club or by words of like import.
Section 196, Section 
76-5c-302
, which is renumbered from Section 76-10-1217 is renumbered 
and amended to read:
76-10-1217
76-5c-302
. Intent of part -- Exemptions from part.
(1)
It is the intent of this 
act
part
 to prevent the commercial distribution and exhibition of 
films in this state which are pornographic.
(2)
There
The Legislature finds that there
 is substantial evidence that elements of 
organized crime have engaged to an increasing degree in the production and distribution 
of 
such
pornographic
 films and, therefore, it is the further intent of this 
act
part
 to 
facilitate the criminal prosecution of distributors of pornographic films.
(2)
(3)
It is not the intent of this 
act
part
 to
:
(a)
limit the regulation of films by counties, cities, towns, and other political 
subdivisions 
within
of
 the state, 
and these
as these political
 subdivisions are 
specifically given the right by this 
act
part
 to further regulate films
. Nor is it the 
intent of this act to 
; or
(b)
limit or abridge the power to otherwise prosecute violations of any other provisions 
of law including
, but not limited to,
 those provisions of 
Title 76, Chapter 10, Part 
12, Pornographic and Harmful Materials and Performances
this chapter
.
(4)
This part does not apply to a film:
(a)
distributed to or exhibited by any accredited university, college, school, library, or 
other educational institution, church, or museum, if there is scientific, religious, or 
educational justification for the exhibition of the film; or
(b)
exhibited by the Department of Corrections or exhibited as part of any treatment 
program operated by or under contract with the department if the exhibition of the 
film is solely for the assessment or treatment of an offender as defined under Section 
64-13-1
.
Section 197, Section 
76-5c-303
, which is renumbered from Section 76-10-1219 is renumbered 
and amended to read:
76-10-1219
76-5c-303
. Qualification for distribution of films.
(1)
A distributor 
which
that
 is a corporation shall be qualified to distribute films within 
this state if:
(a)
it
the corporation
 is a domestic corporation in good standing or a foreign 
corporation authorized to transact business in this state; and
(b)
it
the corporation
 submits 
itself
the corporation
 to the jurisdiction and laws of this 
state relating to being a distributor in this state.
(2)
A distributor which is not a corporation shall be qualified to distribute films within this 
state if:
(a)
it
the distributor
 has and continuously maintains a registered office in this state; and
(b)
it
the distributor
 has a registered agent whose business address is at that registered 
office and which is either an individual residing and domiciled in this state, a 
domestic corporation in good standing, or a foreign corporation authorized to transact 
business in this state.
(3)
This section 
shall
does
 not affect the right to serve 
any 
process, 
a 
notice, or 
a 
demand, required or permitted by law to be served upon a distributor, in any other 
manner provided by law.
Section 198, Section 
76-5c-304
, which is renumbered from Section 76-10-1220 is renumbered 
and amended to read:
76-10-1220
76-5c-304
. Change of registered office or agent by film distributor 
-- Service of process, notice, or demand on registered agent.
(1)
A distributor qualified to distribute films in this state may change 
its
the 
distributor's
 registered office or registered agent in accordance with 
Title 16, Chapter 17, 
Model Registered Agents Act
.
(2)
Any process, notice, or demand required or permitted by law to be served upon the 
distributor may be served upon the registered agent of that distributor.
Section 199, Section 
76-5c-305
, which is renumbered from Section 76-10-1222 is renumbered 
and amended to read:
76-10-1222
76-5c-305
. Distribution of a pornographic film for exhibition.
(1)
Any person who knowingly or by criminal negligence distributes for exhibition within 
this state a film which is pornographic as that term is defined in the Utah criminal code 
shall be guilty of a class A misdemeanor and shall, for each separate offense, be fined 
not less than $1,000 and imprisoned, without suspension of sentence in any way, for a 
term of not less than 60 days.
(2)
Any person convicted of a violation of this section who has been convicted before of a 
violation of this section, shall be guilty of a felony of the third degree and shall, for each 
separate offense, be fined not less than $5,000 and imprisoned, without suspension of 
sentence in any way, for a term of not less than six months.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-5c-101
, and 
76-5c-301
 apply to this section.
(2)
An actor commits distribution of a pornographic film for exhibition if the actor 
knowingly or with criminal negligence distributes a film for exhibition that is 
pornographic.
(3)
(a)
Except as provided in Subsection 
(3)(b)
, a violation of Subsection 
(2)
 is a class A 
misdemeanor subject to:
(i)
a fine not less than $1,000; and
(ii)
incarceration, without suspension of sentence in any way, for a term of not less 
than 60 days.
(b)
A violation of Subsection 
(2)
 is a third degree felony if the actor has previously been 
convicted of a violation of Subsection (2) and is subject to:
(i)
a fine not less than $5,000; and
(ii)
incarceration, without suspension of sentence in any way, for a term of not less 
than six months.
(4)
It is an affirmative defense to a prosecution under this section that the distribution or 
exhibition of a film is exempt from the restrictions of this part described in Section 
76-5c-302
.
(5)
It is not a defense to a prosecution under this section that the actor was a motion picture 
projectionist or was otherwise required by the actor's employment to commit the 
violation.
(3)
(6)
Each copy of a pornographic film distributed for exhibition 
within this state 
in 
violation of this section 
shall constitute
is
 a separate offense.
Section 200, Section 
76-5c-306
, which is renumbered from Section 76-10-1223 is renumbered 
and amended to read:
76-10-1223
76-5c-306
. Distributing a film without being qualified.
(1)
Any person who knowingly distributes any film for exhibition within this state without 
being qualified to do so, or who knowingly exhibits a film in this state which has not 
been acquired from a distributor qualified to distribute films in this state is guilty of a 
class B misdemeanor and shall, for each separate offense, be fined not less than $299 
and imprisoned, without suspension of sentence in any way, for a term of not less than 
30 days.
(2)
Any person convicted of a violation of this section, who has been convicted before of a 
violation of this section, shall be guilty of a class A misdemeanor and shall, for each 
separate offense, be fined not less than $1,000 and imprisoned, without suspension of 
sentence in any way, for a term of not less than 60 days.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-5c-101
, and 
76-5c-301
 apply to this section.
(2)
An actor commits distributing a film without being qualified if the actor knowingly:
(a)
distributes a film for exhibition; and
(b)
is not qualified to distribute a film for exhibition.
(3)
(a)
Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class B 
misdemeanor subject to:
(i)
a fine not less than $299; and
(ii)
incarceration, without suspension of sentence in any way, for a term of not less 
than 30 days.
(b)
A violation of Subsection (2) is a class A misdemeanor if the actor has previously 
been convicted of a violation of Subsection (2) and is subject to:
(i)
a fine not less than $1,000; and
(ii)
incarceration, without suspension of sentence in any way, for a term of not less 
than 60 days.
(4)
It is an affirmative defense to a prosecution under this section that the distribution of a 
film is exempt from the restrictions of this part described in Section 
76-5c-302
.
(5)
It is not a defense to a prosecution under this section that the actor was a motion picture 
projectionist or was otherwise required by the actor's employment to commit the 
violation.
(3)
(6)
Each day's exhibition of 
such 
a film, and each copy of a film distributed for 
exhibition 
within this state, shall constitute
in violation of this section is
 a separate 
offense.
Section 201, Section 
76-5c-307
 is enacted to read:
76-5c-307
. Improperly exhibiting a film.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-5c-101
, and 
76-5c-301
 apply to this section.
(2)
An actor commits improperly exhibiting a film if the actor knowingly:
(a)
exhibits a film; and
(b)
did not acquire the film from a distributor qualified to distribute a film.
(3)
(a)
Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class B 
misdemeanor subject to:
(i)
a fine not less than $299; and
(ii)
incarceration, without suspension of sentence in any way, for a term of not less 
than 30 days.
(b)
A violation of Subsection (2) is a class A misdemeanor if the actor has previously 
been convicted of a violation of Subsection (2) and is subject to:
(i)
a fine not less than $1,000; and
(ii)
incarceration, without suspension of sentence in any way, for a term of not less 
than 60 days.
(4)
It is an affirmative defense to a prosecution under this section that the distribution or 
exhibition of a film is exempt from the restrictions of this part described in Section 
76-5c-302
.
(5)
It is not a defense to a prosecution under this section that the actor was a motion picture 
projectionist or was otherwise required by the actor's employment to commit the 
violation.
(6)
Each day's exhibition of a film exhibited in violation of this section is a separate offense.
Section 202, Section 
76-5c-401
, which is renumbered from Section 76-10-1230 is renumbered 
and amended to read:
4. Requirements and Penalties for Content and Internet Providers
76-10-1230
76-5c-401
. Definitions.
As used in 
Sections 
76-10-1231
 and 
76-10-1233
this part
:
(1)
"Consumer" means an individual residing in this state who subscribes to a service 
provided by a service provider for personal or residential use.
(2)
"Content provider" means a person domiciled in Utah or that generates or hosts content 
in Utah, and that creates, collects, acquires, or organizes electronic data for electronic 
delivery to a consumer with the intent of making a profit.
(3)
(a)
"Hosting company" means a person that provides services or facilities for storing 
or distributing content over the Internet without editorial or creative alteration of the 
content.
(b)
A hosting company may have policies concerning acceptable use without becoming 
a content provider under Subsection 
(2)
.
(4)
"Internet service provider" means a person engaged in the business of providing 
broadband Internet access service, with the intent of making a profit, to consumers in 
Utah.
(5)
"Properly rated" means content using a labeling system to label material harmful to 
minors provided by the content provider in a way that:
(a)
accurately apprises a consumer of the presence of material harmful to minors; and
(b)
allows the consumer the ability to control access to material harmful to minors based 
on the material's rating by use of reasonably priced commercially available software, 
including software in the public domain.
(6)
"Restrict" means to limit access to material harmful to minors by:
(a)
properly rating content; or
(b)
any other reasonable measures feasible under available technology.
(7)
(a)
Except as provided in Subsection 
(7)(b)
, "service provider" 
"Service provider" 
means an Internet service provider.
(b)
"Service provider" does not include a person who does not terminate a service in this 
state, but merely transmits data through:
(i)
a wire;
(ii)
a cable; or
(iii)
an antenna.
(c)
"Service provider," notwithstanding Subsection 
(7)(b)
, includes a person who 
meets 
the requirements of Subsection 
(7)(a)
 and 
leases or rents a wire or cable for the 
transmission of data.
Section 203, Section 
76-5c-402
, which is renumbered from Section 76-10-1231 is renumbered 
and amended to read:
76-10-1231
76-5c-402
. Data service providers -- Internet content harmful to 
minors.
(1)
(a)
Upon request by a consumer, a service provider shall filter content to prevent the 
transmission of material harmful to minors to the consumer.
(b)
A service provider complies with Subsection 
(1)(a)
 if the service provider makes a 
good faith effort to apply a generally accepted and commercially reasonable method 
of filtering.
(c)
At the time of a consumer's subscription to a service provider's service, the service 
provider shall notify the consumer in a conspicuous manner that the consumer may 
request to have material harmful to minors blocked under Subsection 
(1)(a)
.
(2)
The Division of Consumer Protection within the Department of Commerce shall:
(a)
every other year request from each service provider information on how the service 
provider complies with Subsection 
(1)(a)
;
(b)
publish on the division's website a compilation of the information the division 
receives under Subsection 
(2)(a)
; and
(c)
update the compilation described in Subsection 
(2)(b)
 every other year.
(3)
(a)
A service provider may comply with Subsection 
(1)(a)
 by providing in-network 
filtering to prevent
 the
 receipt of material harmful to minors, provided that the 
filtering does not affect or interfere with access to Internet content for consumers 
who do not request filtering under Subsection 
(1)(a)
.
(b)
A service provider may comply with Subsection 
(1)(a)
 by engaging a third party to 
provide or referring a consumer to a third party that provides a commercially 
reasonable method of filtering to block the receipt of material harmful to minors.
(c)
A service provider may charge a consumer a commercially reasonable fee for 
providing filtering under this Subsection 
(3)
.
(4)
If the attorney general determines that a service provider violates Subsection 
(1)
, the 
attorney general shall:
(a)
notify the service provider that the service provider is in violation of Subsection 
(1)
; 
and
(b)
notify the service provider that the service provider has 90 days to comply with the 
provision being violated or be subject to 
the civil penalties described in 
Subsection 
(5)
.
(5)
(a)
A service provider that intentionally or knowingly violates Subsection 
(1)(a)
 is 
subject to a civil fine of $2,500 for each separate violation of Subsection 
(1)(a)
, up to 
$15,000 per day.
(b)
A service provider that intentionally or knowingly violates Subsection 
(1)(c)
 is 
subject to a civil fine up to $10,000.
(6)
A proceeding to impose a civil fine under Subsection 
(5)
 may only be brought by the 
attorney general
 in a court of competent jurisdiction
.
Section 204, Section 
76-5c-403
, which is renumbered from Section 76-10-1233 is renumbered 
and amended to read:
76-10-1233
76-5c-403
. Content providers -- Material harmful to minors.
(1)
A content provider that is domiciled in Utah, or generates or hosts content in Utah, shall 
restrict access to material harmful to minors.
(2)
If the attorney general determines that a content provider violates Subsection 
(1)
, the 
attorney general shall:
(a)
notify the content provider that the content provider is in violation of Subsection 
(1)
; 
and
(b)
notify the content provider that the content provider has 30 days to comply with 
Subsection 
(1)
 or be subject to 
the civil penalties described in 
Subsection 
(3)
.
(3)
(a)
If a content provider intentionally or knowingly violates this section more than 30 
days after receiving the notice provided under Subsection 
(2)
, the content provider is 
subject to a civil fine of $2,500 for each separate violation of Subsection 
(1)
, up to 
$10,000 per day.
(b)
A proceeding to impose the civil fine under this section may be brought only by the 
state 
attorney general
 and shall be brought in a court of competent jurisdiction
.
(4)
The Division of Consumer Protection shall make rules in accordance with Title 63G, 
Chapter 3, Utah Administrative Rulemaking Act, to establish acceptable rating methods 
to be implemented by a content provider under Subsection 
(1)
.
Section 205, Section 
76-5d-101
, which is renumbered from Section 76-10-1301 is renumbered 
and amended to read:
5d. PROSTITUTION
1. General Provisions
76-10-1301
76-5d-101
. Definitions.
As used in this 
part
chapter
:
(1)
"Child" is an individual younger than 18 years old.
(2)
"HIV infection" means an indication of a 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 with an interpretation based on criteria currently recommended by the 
Association of State and Territorial Public Health Laboratory Directors or another 
confirmatory test approved by the Utah State Health Laboratory;
(b)
presence of HIV antigen;
(c)
isolation of HIV; or
(d)
demonstration of HIV proviral DNA.
(3)
"HIV positive individual" means an individual who has an HIV infection.
(4)
"Local law enforcement agency" means the agency responsible for investigation of the 
violations of Sections 
76-5d-202
, 
76-5d-203
, 
76-5d-204
, 
76-5d-205
, 
76-5d-209
, and 
76-5d-210
, the filing of charges which may lead to conviction, and the conducting of or 
obtaining the results of tests for HIV infection.
(2)
"Place of prostitution" means a place or business where prostitution or promotion of 
prostitution is arranged, regularly carried on, or attempted by one or more individuals 
under the control, management, or supervision of another.
(5)
"Positive" means an indication of the HIV infection.
(3)
"Prostitute" or "prostituted individual" means an individual engaged in an activity 
described in Subsection 
76-10-1302(1)
 or 
76-10-1313(1)(a)
, 
(c)
, 
(d)
, or 
(f)
.
(4)
(6)
"Public place" means a place to which the public or any substantial group of the 
public has access.
(5)
(7)
"Sexual activity" means, regardless of the gender of either participant:
(a)
an act of masturbation, sexual intercourse, or any sexual act involving the genitals of 
one individual and the mouth or anus of another individual; or
(b)
the touching of the genitals, female breast, or anus of one individual with any other 
body part of another individual with the intent to sexually arouse or gratify either 
individual.
(8)
"Test" means a test for HIV infection in accordance with standards recommended by the 
Department of Health and Human Services.
Section 206, Section 
76-5d-102
, which is renumbered from Section 76-10-1307 is renumbered 
and amended to read:
76-10-1307
76-5d-102
. Local ordinance consistent with code provisions.
An ordinance adopted by a local authority governing prostitution or aiding prostitution 
shall
that addresses the matters covered by this chapter is required to
 be consistent with the 
provisions of this 
part
chapter
 which govern 
those matters
prostitution or aiding prostitution
.
Section 207, Section 
76-5d-103
, which is renumbered from Section 76-10-1311 is renumbered 
and amended to read:
76-10-1311
76-5d-103
. Mandatory testing -- Retention of offender medical file 
-- Civil liability.
(1)
A person
An individual
 who has entered a plea of guilty, a plea of no contest, a plea of 
guilty with a mental condition, or been found guilty for violation of Section 
76-10-1302
, 
76-10-1303
, or 
76-10-1313
 shall be 
76-5d-202
, 
76-5d-203
, 
76-5d-204
, 
76-5d-205
, 
76-5d-209
, or 
76-5d-210
 is 
required to submit to a mandatory test 
conducted before 
sentencing 
to determine if the 
offender
individual
 is an HIV positive individual.
 The 
mandatory test shall be required and conducted prior to sentencing.
(2)
If the mandatory test
 described in Subsection 
(1)
 has not been conducted 
prior to
before
sentencing, and the convicted 
offender
actor
 is already confined in a county jail or state 
prison, 
such person shall
the individual is required to
 be tested while in confinement.
(3)
The
For an individual described in Subsection 
(1)
 who is confined in a county jail the
local law enforcement agency shall cause the blood specimen of the offender 
as defined 
in Subsection 
(1)
 confined in county jail 
to be taken and tested.
(4)
The
For an individual described in Subsection (1) who is confined in a state prison the
Department of Corrections shall cause the blood specimen of the offender 
defined in 
Subsection 
(1)
 confined in any state prison 
to be taken and tested.
(5)
The local law enforcement agency shall collect and retain in the 
offender's
individual's
medical file the following data:
(a)
the HIV infection test results;
(b)
a copy of the written notice as provided in Section 
76-10-1312
76-5d-104
;
(c)
photographic identification; and
(d)
fingerprint identification.
(6)
The local law enforcement agency shall classify the medical file as a private record 
pursuant to Subsection 
63G-2-302(1)(b)
 or a controlled record pursuant to Section 
63G-2-304
.
(7)
(a)
The person tested shall be
An individual required to be tested under this section is
responsible for the costs of testing, unless the 
person
individual
 is indigent. 
(b)
The costs will then
If an individual is indigent the costs for the testing will
 be paid 
by the local law enforcement agency or the Department of Corrections from the 
General Fund.
(8)
(a)
The laboratory performing testing shall report test results to only designated 
officials in the Department of Corrections, the Department of Health and Human 
Services, and the local law enforcement agency submitting the blood specimen.
(b)
Each department or agency shall designate those officials by written policy.
(c)
Designated officials may release information identifying an 
offender
individual
under Section 
76-10-1302
, 
76-10-1303
, or 
76-10-1313
76-5d-202
, 
76-5d-203
, 
76-5d-204
, 
76-5d-205
, 
76-5d-209
, or 
76-5d-210
 who has tested HIV positive as 
provided under Subsection 
63G-2-202(1)
 and for purposes of prosecution pursuant to 
Section 
76-10-1309
76-5d-211
.
(9)
(a)
An employee of the local law enforcement agency, the Department of Corrections, 
or the Department of Health and Human Services who discloses the HIV test results 
under this section is not civilly liable except when disclosure constitutes fraud or 
willful misconduct 
as provided in
under
 Section 
63G-7-202
.
(b)
An employee of the local law enforcement agency, the Department of Corrections, or 
the Department of Health and Human Services who discloses the HIV test results 
under this section is not civilly or criminally liable, except when disclosure 
constitutes a knowing violation of Section 
63G-2-801
.
(10)
When 
the
a
 medical file is released as provided in Section 
63G-2-803
, the local law 
enforcement agency, the Department of Corrections, or the Department of Health and 
Human Services or 
its officers or employees
an officer or employee of the local law 
enforcement agency, the Department of Corrections, or the Department of Health and 
Human Services
 are not liable for damages for release of the medical file.
Section 208, Section 
76-5d-104
, which is renumbered from Section 76-10-1312 is renumbered 
and amended to read:
76-10-1312
76-5d-104
. Notice to a convicted individual of HIV positive test 
results.
(1)
A person
An individual
 convicted under Section 
76-10-1302
, 
76-10-1303
, or 
76-10-1313
76-5d-202
, 
76-5d-203
, 
76-5d-204
, 
76-5d-205
, 
76-5d-209
, or 
76-5d-210
 who 
has tested positive for the HIV infection shall be notified of the test results in person by:
(a)
the local law enforcement agency;
(b)
the Department of Corrections, for offenders confined in 
any
a
 state prison;
(c)
the 
state 
Department of Health and Human Services; or
(d)
an authorized representative of 
any of the agencies
an agency
 listed in 
this 
Subsection 
(1)
Subsections 
(1)(a)
 through (c)
.
(2)
The notice 
under
described in
 Subsection 
(1)
 shall contain the signature of the HIV 
positive 
person
individual
, indicating the 
person's
individual's
 receipt of the notice, the 
name and signature of the 
person
individual
 providing the notice, and:
(a)
the date of the test;
(b)
the positive test results;
(c)
the name of the HIV positive individual; and
(d)
the following language:
"A person
"An individual
 who has been convicted of prostitution under Section 
76-10-1302
76-5d-202
, patronizing a 
prostitute
prostituted individual
 under Section 
76-10-1303
, or
76-5d-203
, patronizing a child involved in prostitution under Section 
76-5d-204
, 
entering or remaining in a place of prostitution under Section 
76-5d-205
, 
 sexual solicitation 
under Section 
76-10-1313
76-5d-209
, or sexual solicitation of a child under Section 
76-5d-210
after being tested and diagnosed as an HIV positive individual and either had actual knowledge 
that the 
person
individual
 is an HIV positive individual or the 
person
individual
 has 
previously been convicted of any of the criminal offenses listed above is guilty of a third 
degree felony under Section 
76-10-1309
76-5d-211
."
(3)
Failure to provide 
this notice
the notice described in Subsection 
(1)
, or to provide the 
notice in the manner or form prescribed under this section, does not
:
(a)
create any civil liability
 and does not
; or
(b)
create a defense to any prosecution under this 
part
chapter
.
(4)
Upon conviction under Section 
76-10-1309
76-5d-211
, and as a condition of probation, 
the 
offender
actor
 shall receive treatment and counseling for HIV infection and drug 
abuse as provided in 
Title 26B, Chapter 5, Health Care - Substance Use and Mental 
Health
.
Section 209, Section 
76-5d-105
, which is renumbered from Section 76-10-1314 is renumbered 
and amended to read:
76-10-1314
76-5d-105
. Examination of testing procedures and results in legal 
proceedings.
(1)
Employees of 
the
a
 laboratory who conduct laboratory analysis of blood samples for 
presence of antibody to HIV provided pursuant to a request by a law enforcement 
agency or the Department of Corrections under Section 
76-10-1311
76-5d-103
, may be 
examined in a legal proceeding of any kind or character as to:
(a)
the nature of the testing;
(b)
the validity of the testing;
(c)
the results of the test;
(d)
the HIV positivity or negativity of the 
person
individual
 tested;
(e)
the evidentiary chain of custody; and
(f)
other factors relevant to the prosecution, subject to the court's ruling.
(2)
This section applies only to the criminal investigation and prosecution under Section 
76-10-1309
76-5d-211
 which permits enhanced penalties upon a subsequent conviction 
for:
(a)
prostitution
,
 as described in
 Section 
76-10-1302
76-5d-202
;
(b)
patronizing a 
prostitute,
prostituted individual as described in
 Section 
76-10-1303
76-5d-203
;
 or
(c)
patronizing a child involved in prostitution as described in Section 
76-5d-204
;
(d)
entering or remaining in a place of prostitution as described in Section 
76-5d-205
;
(c)
(e)
sexual solicitation
,
 as described in
 Section 
76-10-1313
76-5d-209
; or
(f)
sexual solicitation of a child as described in Section 
76-5d-210
.
Section 210, Section 
76-5d-106
, which is renumbered from Section 76-10-1315 is renumbered 
and amended to read:
76-10-1315
76-5d-106
. Safe harbor for children as victims in commercial sex or 
sexual solicitation.
(1)
As used in this section:
(a)
"Child engaged in commercial sex" means a child who:
(i)
engages, offers, or agrees to engage in any sexual activity with another individual 
for a fee, or the functional equivalent of a fee;
(ii)
takes steps in arranging a meeting through any form of advertising, agreeing to 
meet, and meeting at an arranged place for the purpose of sexual activity in 
exchange for a fee or the functional equivalent of a fee; or
(iii)
loiters in or within view of any public place for the purpose of being hired to 
engage in sexual activity.
(b)
"Child engaged in sexual solicitation" means a child who offers or agrees to commit 
or engage in any sexual activity with another person for a fee, or the functional 
equivalent of a fee, under Subsection 
76-10-1313(1)(a)
76-5d-209(2)(a)
, 
(c)
, 
(d)
, or 
(f)
.
(c)
"Division" means the Division of Child and Family Services created in Section 
80-2-201
.
(d)
"Juvenile receiving center" means the same as that term is defined in Section 
80-1-102
.
(2)
Upon encountering a child engaged in commercial sex or 
a child engaged in 
sexual 
solicitation, a law enforcement officer shall:
(a)
conduct an investigation regarding possible human trafficking of the child pursuant 
to Sections 
76-5-308
, 
76-5-308.1
, and 
76-5-308.5
;
(b)
refer the child to the division;
(c)
bring the child to a juvenile receiving center, if available; and
(d)
contact the child's parent or guardian, if practicable.
(3)
When law enforcement refers a child to the division under Subsection 
(2)(b)
 the 
division shall provide services to the child under 
Title 80, Chapter 2, Child Welfare 
Services
, and 
Title 80, Chapter 2a, Removal and Protective Custody of a Child
.
(4)
A child may not be subjected to delinquency proceedings for prostitution under Section 
76-10-1302
, or sexual solicitation under Section 
76-10-1313
.
Section 211, Section 
76-5d-201
 is enacted to read:
2. General Offenses
76-5d-201
. Definitions.
As used in this part:
(1)
"Place of prostitution" means a place or business where prostitution or promotion of 
prostitution is arranged, regularly carried on, or attempted by one or more individuals 
under the control, management, or supervision of another individual.
(2)
"Prostituted individual" means an individual engaged in a prohibited activity described 
in Section 
76-5d-202
 or Subsection 
76-5d-209(2)(b)
(i), (iii), (iv), or (vi).
Section 212, Section 
76-5d-202
, which is renumbered from Section 76-10-1302 is renumbered 
and amended to read:
76-10-1302
76-5d-202
. Prostitution.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-5d-101
, and 
76-5d-201
 apply to this section.
(1)
(2)
An actor
, except for a child under Section 
76-10-1315
, is guilty of 
 commits 
prostitution if the actor
:
(a)
is 18 years old or older; and
(b)
engages in sexual activity with another individual for a fee, or the functional 
equivalent of a fee.
(2)
(3)
(a)
Except as provided in Subsection 
(2)(b)
 and Section 
76-10-1309
(3)(b)
, a 
violation of Subsection 
(1)
(2)
 is a class B misdemeanor.
(b)
Except as provided in Section 
76-10-1309
, an actor who is convicted a second time, 
and on all subsequent convictions, of a subsequent offense of prostitution under this 
section or
A violation of Subsection (2) is a class A misdemeanor if the actor has 
previously been convicted of:
(i)
a violation of Subsection (2); or
(ii)
 under 
a local ordinance adopted 
under
in accordance with
 Section 
76-10-1307
, 
is guilty of a class A misdemeanor
76-5d-102
 addressing the same or similar type 
of violation to the violation described in Subsection 
(2)
.
(3)
(4)
A prosecutor may not prosecute an actor for a violation of Subsection 
(1)
(2)
 if the 
actor engages in a violation of Subsection 
(1)
(2)
 at or near the time the actor witnesses 
or is a victim of any of the following offenses, or an attempt to commit any of the 
following offenses, and the actor reports the offense or attempt to law enforcement in 
good faith:
(a)
assault
,
 as described in
 Section 
76-5-102
;
(b)
aggravated assault
,
 as described in
 Section 
76-5-103
;
(c)
mayhem
,
 as described in
 Section 
76-5-105
;
(d)
aggravated murder, murder, manslaughter, negligent homicide, child abuse 
homicide, or homicide by assault 
under
as described in
Chapter 5, Part 2, Criminal 
Homicide
;
(e)
kidnapping, child kidnapping, aggravated kidnapping, human trafficking or 
aggravated human trafficking, human smuggling or aggravated human smuggling, or 
human trafficking of a child 
under
as described in
Chapter 5, Part 3, Kidnapping, 
Trafficking, and Smuggling
;
(f)
rape
,
 as described in
 Section 
76-5-402
;
(g)
rape of a child
, 
 as described in 
Section 
76-5-402.1
;
(h)
object rape
,
 as described in
 Section 
76-5-402.2
;
(i)
object rape of a child
,
 as described in
 Section 
76-5-402.3
;
(j)
forcible sodomy
,
 as described in
 Section 
76-5-403
;
(k)
sodomy on a child
,
 as described in
 Section 
76-5-403.1
;
(l)
forcible sexual abuse
,
 as described in
 Section 
76-5-404
;
(m)
sexual abuse of a child
,
 as described in
 Section 
76-5-404.1
, or aggravated sexual 
abuse of a child, Section 
76-5-404.3
;
(n)
aggravated sexual assault
,
 as described in
 Section 
76-5-405
;
(o)
sexual exploitation of a minor
,
 as described in
 Section 
76-5b-201
;
(p)
aggravated sexual exploitation of a minor
,
 as described in
 Section 
76-5b-201.1
;
(q)
sexual exploitation of a vulnerable adult
,
 as described in
 Section 
76-5b-202
;
(r)
aggravated burglary or 
burglary of a dwelling 
under 
Chapter 6, Part 2, Burglary 
and Criminal Trespass
as described in Subsection 
76-6-202(3)(b)
;
(s)
aggravated burglary as described in Section 
76-6-203
;
(s)
(t)
aggravated robbery or 
robbery 
under 
Chapter 6, Part 3, Robbery
as described 
in Section 
76-6-301
;
(u)
aggravated robbery as described in Section 
76-6-302
;
 or
(t)
(v)
theft by extortion 
under
as described in
 Section 
76-6-406
 under the 
circumstances described in Subsection 
76-6-406(1)(a)(i)
 or 
(ii)
.
(5)
A violation under this section that is a class A misdemeanor may be prosecuted by an 
attorney of a city or a town as well as by prosecutors authorized in the code to prosecute 
a violation under this section.
Section 213, Section 
76-5d-203
, which is renumbered from Section 76-10-1303 is renumbered 
and amended to read:
76-10-1303
76-5d-203
. Patronizing a prostituted individual.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-5d-101
, and 
76-5d-201
 apply to this section.
(1)
(2)
An actor 
is guilty of
commits
 patronizing a 
prostitute if the actor
prostituted 
individual if
:
(a)
the actor 
pays
 or
,
 offers
 to pay,
 or agrees to pay a 
prostituted individual
prostituted 
individual
, or an individual the actor believes to be a 
prostituted individual
prostituted individual
, a fee, or the functional equivalent of a fee
,
; and
(b)
the payment, offer of payment, or agreement for payment described in Subsection 
(2)(a)
 is
 for the purpose of engaging in an act of sexual activity
; or
.
(b)
enters or remains in a place of prostitution for the purpose of engaging in sexual 
activity.
(2)
Patronizing a prostitute is a class A misdemeanor, except as provided in Subsection (3), 
(4), or (5) or Section 
76-10-1309
.
(3)
A violation of this section that is preceded by a conviction under this section or a 
conviction under a local ordinance adopted under Section 
76-10-1307
 is a class A 
misdemeanor.
(4)
A third violation of this section or a local ordinance adopted under Section 
76-10-1307
is a third degree felony.
(5)
(a)
Except as provided in Subsection (5)(d), if the patronizing of a prostitute under 
Subsection (1)(a) involves a child as the other individual, a violation of Subsection 
(1)(a) is a second degree felony.
(b)
In accordance with Section 
76-2-304.5
, it is not a defense to a prosecution under 
Subsection (5)(a) that the actor mistakenly believed the individual to be 18 years old 
or older at the time of the offense or was unaware of the individual's true age.
(c)
An actor's belief that the individual was under 18 years old at the time of the 
offense, even if the individual was 18 years old or older, is a violation of Subsection 
(5)(a).
(d)
If the act committed under Subsection (5)(a) amounts to an offense that is subject to 
a greater penalty under another provision of state law than is provided under 
Subsection (5)(a), this Subsection (5) does not prohibit prosecution and sentencing 
for the more serious offense.
(3)
(a)
Except as provided in Subsection 
(3)(b)
, a violation of Subsection 
(2)
 is a class A 
misdemeanor.
(b)
A violation of Subsection (2) is a third degree felony if the actor has previously been 
convicted two or more times of:
(i)
a violation of Subsection (2); or
(ii)
a local ordinance adopted in accordance with Section 
76-5d-102
 addressing the 
same or similar type of violation to the violation described in Subsection 
(2)
.
(6)
(4)
Upon a conviction for a violation of this section, the court shall order:
(a)
the maximum fine amount and may not waive or suspend the fine; and
(b)
the 
defendant
actor
 to pay for and complete a court-approved educational program 
about the negative effects on an individual involved with prostitution or human 
trafficking.
Section 214, Section 
76-5d-204
 is enacted to read:
76-5d-204
. Patronizing a child involved in prostitution.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-5d-101
, and 
76-5d-201
 apply to this section.
(2)
An actor commits patronizing a child involved in prostitution if:
(a)
the actor pays, offers to pay, or agrees to pay a prostituted individual, or an 
individual the actor believes to be a prostituted individual, a fee, or the functional 
equivalent of a fee;
(b)
the payment, offer of payment, or agreement for payment described in Subsection 
(2)(a) is for the purpose of engaging in an act of sexual activity; and
(c)
the prostituted individual, or the individual the actor believes to be a prostituted 
individual, described in Subsection 
(2)(a)
 is:
(i)
a child; or
(ii)
believed by the actor to be a child.
(3)
A violation of Subsection 
(2)
 is a second degree felony.
(4)
In accordance with Section 
76-2-304.5
, it is not a defense to a prosecution under this 
section that the actor mistakenly believed the individual described in Subsection 
(2)
 to 
be 18 years old or older at the time of the offense or was unaware of the individual's true 
age.
(5)
If the act committed under Subsection 
(2)
 amounts to an offense that is subject to a 
greater penalty under another provision of law this section does not prohibit prosecution 
and sentencing for the more serious offense.
(6)
Upon a conviction for a violation of this section, the court shall order:
(a)
the maximum fine amount and may not waive or suspend the fine; and
(b)
the actor to pay for and complete a court-approved educational program about the 
negative effects on an individual involved with prostitution or human trafficking.
Section 215, Section 
76-5d-205
 is enacted to read:
76-5d-205
. Entering or remaining in a place of prostitution.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-5d-101
, and 
76-5d-201
 apply to this section.
(2)
An actor commits entering or remaining in a place of prostitution if the actor enters or 
remains in a place of prostitution for the purpose of engaging in sexual activity.
(3)
(a)
Except as provided in Subsection 
(3)(b)
, a violation of Subsection (2) is a class A 
misdemeanor.
(b)
A violation of Subsection (2) is a third degree felony if the actor has previously been 
convicted two or more times of:
(i)
a violation of Subsection (2); or
(ii)
a local ordinance adopted in accordance with Section 
76-5d-102
 addressing the 
same or similar type of violation to the violation described in Subsection (2).
(4)
Upon a conviction for a violation of this section, the court shall order:
(a)
the maximum fine amount and may not waive or suspend the fine; and
(b)
the actor to pay for and complete a court-approved educational program about the 
negative effects on an individual involved with prostitution or human trafficking.
Section 216, Section 
76-5d-206
, which is renumbered from Section 76-10-1304 is renumbered 
and amended to read:
76-10-1304
76-5d-206
. Aiding prostitution.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-5d-101
, and 
76-5d-201
 apply to this section.
(1)
(2)
An 
individual is guilty of
actor commits
 aiding prostitution if the 
individual
actor
:
(a)
(i)
solicits an individual to patronize a 
prostitute
prostituted individual
, or to 
patronize an individual the actor believes to be a 
prostitute
prostituted individual
;
(ii)
procures or attempts to procure a 
prostitute
prostituted individual
, or an 
individual the actor believes to be a 
prostitute
prostituted individual
, for a patron;
(iii)
leases, operates, or otherwise permits a place controlled by the actor, alone or in 
association with another
 individual
, to be used for prostitution or the promotion of 
prostitution; or
(iv)
provides 
any
a
 service or commits 
any
an
 act that enables another individual to 
commit a violation of 
this Subsection 
(1)(a)
this Subsection 
(2)
 or facilitates 
another individual's ability to commit 
any
a
 violation of 
this Subsection 
(1)(a)
this Subsection 
(2)
; or
(b)
solicits, receives, or agrees to receive 
any
a
 benefit for committing any of the acts 
prohibited by Subsection 
(1)(a)
(2)(a)
.
(2)
Aiding prostitution is a class A misdemeanor, except as provided in Subsection 
(3)
.
(3)
An individual who is convicted a second time, and on all subsequent convictions, under 
this section or under a local ordinance adopted in compliance with Section 
76-10-1307
is guilty of a third degree felony.
(3)
(a)
Except as provided in Subsection 
(3)(b)
, a violation of Subsection 
(2)
 is a class A 
misdemeanor.
(b)
A violation of Subsection (2) is a third degree felony if the actor has previously been 
convicted of:
(i)
a violation of Subsection 
(2)
; or
(ii)
a local ordinance adopted in accordance with Section 
76-5d-102
 addressing the 
same or similar type of violation to the violation described in Subsection (2).
(4)
Upon a conviction for a violation of this section, the court shall order the maximum fine 
amount and may not waive or suspend the fine.
(5)
A violation under this section that is a class A misdemeanor may be prosecuted by an 
attorney of a city or a town as well as by prosecutors authorized in the code to prosecute 
a violation under this section.
Section 217, Section 
76-5d-207
, which is renumbered from Section 76-10-1305 is renumbered 
and amended to read:
76-10-1305
76-5d-207
. Exploitation of prostitution.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-5d-101
, and 
76-5d-201
 apply to this section.
(1)
(2)
An 
individual is guilty of exploiting 
actor commits exploitation of 
prostitution if 
the 
individual
actor
:
(a)
procures an individual for a place of prostitution;
(b)
encourages, induces, or otherwise purposely causes another 
individual 
to become or 
remain a 
prostitute
prostituted individual
;
(c)
transports an individual into or within this state with 
a
the
 purpose to promote 
that
the
 individual's 
engaging
engagement
 in prostitution
;
(d)
 or procuring or paying for
procures or pays for an individual's
 transportation with 
that
the
 purpose
 of promoting the individual's engagement in prostitution
;
(d)
(e)
not being a child or legal dependent of a 
prostitute
prostituted individual
, shares 
the proceeds of prostitution with a 
prostitute
prostituted individual
, or an individual 
the actor believes to be a 
prostitute
prostituted individual
, pursuant to 
their
the 
actor's and the prostituted individual's
 understanding that the actor is to share 
therein
in the proceeds of the prostitution
; or
(e)
(f)
owns, controls, manages, supervises, or otherwise keeps, alone or in association 
with another
 individual
, a place of prostitution or a business where prostitution 
occurs or is arranged, encouraged, supported, or promoted.
(2)
(3)
Exploiting prostitution is a felony of the
A violation of Subsection 
(2)
 is a
 third 
degree
 felony
.
(3)
(4)
Upon a conviction for a violation of this section, the court shall order the maximum 
fine amount and may not waive or suspend the fine.
Section 218, Section 
76-5d-208
, which is renumbered from Section 76-10-1306 is renumbered 
and amended to read:
76-10-1306
76-5d-208
. Aggravated exploitation of prostitution.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-5d-101
, and 
76-5d-201
 apply to this section.
(1)
(2)
A person is guilty of 
An actor commits 
aggravated exploitation
 of prostitution
 if:
(a)
in committing an act of 
exploiting
exploitation of
 prostitution
, as defined in
 as 
described in
 Section 
76-10-1305
76-5d-207
, the 
person
actor
 uses any force, threat, 
or fear against any 
person
individual
;
(b)
the 
person
individual whom the actor
 procured, transported, or persuaded
,
 or with 
whom the 
person
actor
 shares the proceeds of prostitution
,
 is a child or is the spouse 
of the actor; or
(c)
in the course of committing 
an act of 
exploitation of prostitution
, a violation of 
Section 
76-10-1305
 as described in Section 
76-5d-207
, the 
person
actor
 commits 
human trafficking or human smuggling
, a 
 in 
violation of Section 
76-5-308
, 
76-5-308.1
, 
76-5-308.3
, or 
76-5-308.5
.
(2)
(3)
(a)
Aggravated exploitation of prostitution 
Except as provided in Subsection 
(3)(b)
, a violation of Subsection 
(2)
is a second degree felony
, except under 
Subsection 
(3)
.
(3)
(b)
Aggravated exploitation of prostitution involving a child 
A violation of 
Subsection 
(2)
is a first degree felony
 if the violation involves a child
.
(4)
Upon a conviction for a violation of this section, the court shall order the maximum fine 
amount and may not waive or suspend the fine.
Section 219, Section 
76-5d-209
, which is renumbered from Section 76-10-1313 is renumbered 
and amended to read:
76-10-1313
76-5d-209
. Sexual solicitation.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-5d-101
, and 
76-5d-201
 apply to this section.
(1)
(2)
An 
individual except for a child under Section 
76-10-1315
 is guilty of
actor 
commits
 sexual solicitation if the 
individual
actor
:
(a)
is 18 years old or older; and
(a)
(b)
(i)
offers or agrees to commit any sexual activity with another individual for a 
fee, or the functional equivalent of a fee;
(b)
(ii)
pays
 or
,
 offers
 to pay,
 or agrees to pay a fee
,
 or the functional equivalent of 
a fee
,
 to another individual to commit any sexual activity;
(c)
(iii)
(A)
takes steps to arrange a meeting
 with another individual
 through any 
form of advertising or agreement to meet
, and
;
(B)
meets
 the individual
 at an arranged place
; and
(C)
arranged and met the individual 
for the purpose of being hired to engage in 
sexual activity in exchange for a fee
,
 or the functional equivalent of a fee;
(d)
(iv)
loiters in
,
 or within view of
,
 a public place for the purpose of being hired to 
engage in sexual activity in exchange for a fee, or the functional equivalent of a 
fee;
(e)
(v)
with intent to pay another individual to commit any sexual activity for a fee
,
or the functional equivalent of a fee, requests or directs the 
other 
individual to 
engage in any of the following acts:
(i)
(A)
exposure of an individual's genitals, the buttocks, the anus, the pubic area, 
or the female breast below the top of the areola;
(ii)
(B)
masturbation;
(iii)
(C)
touching of an individual's genitals, the buttocks, the anus, the pubic 
area, or the female breast; or
(iv)
(D)
any act of lewdness; or
(f)
(vi)
with intent to engage in sexual activity for a fee, or the functional equivalent 
of a fee, engages in
,
 or offers or agrees to engage in
,
 an act described in 
Subsection 
(1)(e)(i)
Subsections (2)(b)(v)(A)
 through 
(iv)
(D)
.
(2)
An intent to engage in sexual activity for a fee may be inferred from an individual's 
engaging in, offering or agreeing to engage in, or requesting or directing another to 
engage in any of the acts described in Subsection 
(1)
 (e) or (f) under the totality of the 
existing circumstances.
(3)
(a)
Except as provided in Section 
76-10-1309
 and Subsections 
(4)
 and 
(5)
, a 
A 
violation of Subsection 
(1)(a)
(2)(a)
, 
(c)
, 
(d)
, or 
(f)
 or under a local ordinance 
adopted in compliance with Section 
76-10-1307
76-5d-102
 is:
(a)
(i)
a class B misdemeanor on a first or second violation; 
and
or
(b)
(ii)
a class A misdemeanor on a third or subsequent violation.
(4)
(b)
Except as provided in Section 
76-10-1309
 and Subsections 
(5)
 and 
(8)
, a 
A 
violation of Subsection 
(1)(b)
(2)(b)
 or 
(e)
 or a local ordinance adopted under 
Section 
76-10-1307
76-5d-102
 is:
(a)
(i)
a class A misdemeanor on the first or second violation; 
and
or
(b)
(ii)
a third degree felony on a third or subsequent violation.
(5)
If an individual commits an act of sexual solicitation in violation of Subsection 
(1)
 and 
the individual solicited is a child, the offense is a second degree felony if the solicitation 
does not amount to a violation of:
(a)
Section 
76-5-308
, 
76-5-308.1
, or 
76-5-308.5
, human trafficking or Section 
76-5-308
.3, human smuggling; or
(b)
Section 
76-5-310
, aggravated human trafficking or Section 
76-5-310.1
, aggravated 
human smuggling.
(4)
An intent to engage in sexual activity for a fee may be inferred from an actor engaging 
in, offering or agreeing to engage in, or requesting or directing another to engage in any 
of the acts described in Subsection (2)(e) or (f) under the totality of the existing 
circumstances.
(6)
(5)
(a)
Upon encountering a child engaged in commercial sex or 
a child engaged in 
sexual solicitation, a law enforcement officer shall follow the procedure described in 
Subsection 
76-10-1315(2)
76-5d-106(2)
.
(b)
A child engaged in commercial sex or 
a child engaged in 
sexual solicitation shall be 
referred to the Division of Child and Family Services for services and may not be 
subjected to delinquency proceedings.
(7)
(6)
A prosecutor may not prosecute an 
individual
actor
 for a violation of Subsection 
(1)
(2)
 if the 
individual
actor
 engages in a violation of Subsection 
(1)
(2)
 at or near the 
time the 
individual
actor
 witnesses or is a victim of any of the offenses
,
 or an attempt to 
commit any of the offenses
,
 described in Subsection 
76-10-1302(3)
76-5d-202(4)
, and 
the individual reports the offense or attempt to law enforcement in good faith.
(8)
(7)
(a)
As part of a sentence imposed under Subsection 
(3)
(3)(a)
, the court may 
lower, waive, or suspend a fine if the 
defendant
actor
 completes a court-approved 
program that provides information or services intended to help an individual no 
longer engage in prostitution.
(b)
As part of a sentence imposed under Subsection 
(4)
(3)(b)
, the court shall order the 
defendant
actor
 to pay for and complete a court-approved educational program about 
the negative effects on an individual involved with prostitution or human trafficking.
Section 220, Section 
76-5d-210
 is enacted to read:
76-5d-210
. Sexual solicitation of a child.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-5d-101
, and 
76-5d-201
 apply to this section.
(2)
Under circumstances not amounting to an offense described in Subsection 
(4)
, an actor 
commits sexual solicitation of a child if the actor:
(a)
is 18 years old or older; and
(b)
(i)
offers or agrees to commit any sexual activity with a child for a fee, or the 
functional equivalent of a fee;
(ii)
pays, offers to pay, or agrees to pay a fee, or the functional equivalent of a fee, to 
a child to commit any sexual activity;
(iii)
(A)
takes steps to arrange a meeting with a child through any form of 
advertising or agreement to meet;
(B)
meets the child at an arranged place; and
(C)
arranged and met the child for the purpose of being hired to engage in sexual 
activity in exchange for a fee, or the functional equivalent of a fee;
(iv)
loiters in, or within view of, a public place for the purpose of being hired to 
engage in sexual activity with a child in exchange for a fee, or the functional 
equivalent of a fee;
(v)
with intent to pay a child to commit any sexual activity for a fee, or the functional 
equivalent of a fee, requests or directs the child to engage in any of the following 
acts:
(A)
exposure of the child's genitals, the buttocks, the anus, the pubic area, or the 
female breast below the top of the areola;
(B)
masturbation;
(C)
touching of the child's genitals, the buttocks, the anus, the pubic area, or the 
female breast; or
(D)
any act of lewdness; or
(vi)
with intent to engage in sexual activity with a child for a fee, or the functional 
equivalent of a fee, engages in, or offers or agrees to engage in, an act described in 
Subsections (2)(b)(v)(A) through (D).
(3)
A violation of Subsection 
(2)
 is a second degree felony.
(4)
The offenses referred to in Subsection (2) are:
(a)
human trafficking for labor as described in Section 
76-5-308
;
(b)
human trafficking for sexual exploitation as described in Section 
76-5-308.1
;
(c)
human smuggling as described in Section 
76-5-308.3
;
(d)
human trafficking of a child as described in Section 
76-5-308.5
;
(e)
aggravated human trafficking as described in Section 
76-5-310
; and
(f)
aggravated human smuggling as described in Section 
76-5-310.1
.
(5)
(a)
Upon encountering a child engaged in commercial sex or a child engaged in 
sexual solicitation, a law enforcement officer shall follow the procedure described in 
Subsection 
76-5d-106(2)
.
(b)
A child engaged in commercial sex or a child engaged in sexual solicitation shall be 
referred to the Division of Child and Family Services for services and may not be 
subjected to delinquency proceedings.
(6)
A prosecutor may not prosecute an actor for a violation of Subsection (2) if the actor 
engages in a violation of Subsection (2) at or near the time the actor witnesses or is a 
victim of any of the offenses, or an attempt to commit any of the offenses, described in 
Subsection 
76-5d-202(4)
, and the individual reports the offense or attempt to law 
enforcement in good faith.
(7)
This section does not apply to a child under Section 
76-5d-106
.
Section 221, Section 
76-5d-211
, which is renumbered from Section 76-10-1309 is renumbered 
and amended to read:
76-10-1309
76-5d-211
. Enhanced penalties for HIV positive actor.
A person
An actor
 who is convicted of prostitution 
under
as described in
 Section 
76-10-1302
76-5d-202
, patronizing a 
prostitute under
prostituted individual as described in
Section 
76-10-1303
76-5d-203
,
 patronizing a child involved in prostitution as described in 
Section 
76-5d-204
, entering or remaining in a place of prostitution as described in Section 
76-5d-205
,
 or sexual solicitation 
under
as described in
 Section 
76-10-1313
76-5d-209
 or 
76-5d-210
 is guilty of a third degree felony if at the time of the offense the 
person
actor
 is an 
HIV positive individual, and the 
person
actor
:
(1)
has actual knowledge 
of the fact
that the actor is an HIV positive individual
; or
(2)
has previously been convicted under Section 
76-10-1302
, 
76-10-1303
, or 
76-10-1313
76-5d-202
, 
76-5d-203
, 
76-5d-204
, 
76-5d-205
, 
76-5d-209
, or 
76-5d-210
.
Section 222, Section 
76-6-105
 is amended to read:
76-6-105
. Causing a catastrophe -- Penalties.
(1)
Terms defined in Sections 
76-1-101.5
 and 
76-6-101
 apply to this section.
(2)
An actor commits causing a catastrophe if the actor 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
76-15-301
; 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.
(3)
A violation of Subsection 
(2)
 is:
(a)
a first degree felony if the actor causes the catastrophe knowingly and by the use of a 
weapon of mass destruction;
(b)
a second degree felony if the actor causes the catastrophe knowingly and by a means 
other than a weapon of mass destruction; and
(c)
a class A misdemeanor if the actor causes the catastrophe recklessly.
(4)
In addition to any other penalty authorized by law, a court shall order an actor 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.
Section 223, Section 
76-6-206
 is amended to read:
76-6-206
. Criminal trespass.
(1)
(a)
As used in this section:
(i)
"Enter" means intrusion of the entire body or the entire unmanned aircraft.
(ii)
"Graffiti" means the same as that term is defined in Section 
76-6-101
.
(iii)
"Remain unlawfully," as that term relates to an unmanned aircraft, means 
remaining on or over private property when:
(A)
the private property or any portion of the private property is not open to the 
public; and
(B)
the person operating the unmanned aircraft is not otherwise authorized to fly 
the unmanned aircraft over the private property or any portion of the private 
property.
(b)
Terms defined in Sections 
76-1-101.5
 and 
76-6-201
 apply to this section.
(2)
An actor commits 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
76-9-113
 regarding commercial obstruction
 or Section 
76-9-114
 regarding 
aggravated commercial obstruction
:
(a)
the actor enters or remains unlawfully on or causes an unmanned aircraft to enter and 
remain unlawfully over property and:
(i)
intends to cause annoyance or injury to any person or damage to any property, 
including the use of graffiti;
(ii)
intends to commit any crime, other than theft or a felony; or
(iii)
is reckless as to whether the actor's or unmanned aircraft's presence will cause 
fear for the safety of another;
(b)
knowing the actor's or unmanned aircraft's entry or presence is unlawful, the actor 
enters or remains on or causes an unmanned aircraft to enter or remain unlawfully 
over property 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; 
(c)
the actor enters a condominium unit in violation of Section 
57-8-7
(8); or
(d)
the actor enters a sex-designated changing room in violation of Subsection 
63G-31-302
(3).
(3)
(a)
Except as provided in Subsection (3)(b), a violation of Subsection (2)(a) , (b), or 
(d) is a class B misdemeanor.
(b)
The following is a class A misdemeanor:
(i)
if a violation of Subsection (2)(a) or (b) is committed in a dwelling;
(ii)
if a violation of Subsection (2)(d) is committed while also committing the offense 
of:
(A)
lewdness under Section 
76-9-702
76-5-419
;
(B)
lewdness involving a child under Section 
76-9-702.5
76-5-420
;
(C)
voyeurism under Section 
76-9-702.7
76-12-306
;
(D)
recorded or photographed voyeurism under Section 
76-12-307
;
(E)
distribution of images obtained through voyeurism under Section 
76-12-308
; 
or
(D)
(F)
loitering in a privacy space under Section 
76-9-702.8
76-12-309
; or
(iii)
if a violation of Subsection (2)(d) is committed in a sex-designated privacy 
space, as defined in Section 
76-9-702.8
76-12-309
, that is not designated for 
individuals of the actor's sex.
(c)
A violation of Subsection (2)(c) is an infraction.
(4)
It is a defense to prosecution under this section that:
(a)
the property was at the time open to the public; and
(b)
the defendant complied with all lawful conditions imposed on access to or remaining 
on the property.
(5)
In addition to an order for restitution under Section 
77-38b-205
, an actor who commits a 
violation of Subsection (2) may also be liable for:
(a)
statutory damages in the amount of three times 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.
(6)
Civil damages under Subsection (5) may be collected in a separate action by the 
property owner or the owner's assignee.
Section 224, Section 
76-6-207
, which is renumbered from Section 76-10-2002 is renumbered 
and amended to read:
76-10-2002
76-6-207
. Burglary of a research facility -- Penalties.
(1)
(a)
As used in this section:
(i)
"Building," in addition to its commonly-accepted meaning, means any watercraft, 
aircraft, trailer, sleeping car, or other structure or vehicle adapted for overnight 
accommodations of individuals or for carrying on business and includes:
(A)
each separately secured or occupied portion of the building or vehicle; and
(B)
each structure appurtenant or connected to the building or vehicle.
(ii)
"Enter" means:
(A)
an intrusion of any part of the body; or
(B)
the intrusion of any physical object, sound wave, light ray, electronic signal, 
or other means of intrusion under the control of the actor.
(iii)
"Research" means studious and serious inquiry, examination, investigation, or 
experimentation aimed at the discovery, examination, or accumulation of facts, 
data, devices, theories, technologies, or applications done for any public, 
governmental, proprietorial, or teaching purpose.
(iv)
"Research facility" means a building, or separately secured yard, pad, pond, 
laboratory, pasture, pen, or corral which is not open to the public, the major use of 
which is to conduct research, to house research subjects, to store supplies, 
equipment, samples, specimens, records, data, prototypes, or other property used 
in or generated from research.
(b)
Terms defined in Sections 
76-1-101.5
 and 
76-6-201
 apply to this section.
(1)
(2)
A person is guilty of 
An actor commits 
burglary of a research facility if 
he
the 
actor
 enters or remains unlawfully in a research facility with the intent to:
(a)
obtain unauthorized control over any property, sample, specimen, record, data, test 
result, or proprietary information in the facility;
(b)
alter or eradicate any sample, specimen, record, data, test result, or proprietary 
information in the facility;
(c)
damage, deface, or destroy any property in the facility;
(d)
release from confinement or remove any animal or biological vector in the facility 
regardless of whether or not that animal or vector is dangerous;
(e)
commit an assault on 
any person
an individual
;
(f)
commit any other felony; or
(g)
interfere with the personnel or operations of a research facility through 
any 
conduct 
that does not constitute an assault.
(2)
A person who violates Subsection 
(1)(g)
 is guilty of a class A misdemeanor. A person 
who violates any other provision in this section is guilty of a felony of the second degree.
(3)
(a)
A violation of Subsection 
(2)
(g) is a class A misdemeanor.
(b)
A violation of Subsection 
(2)(a)
, (b), (c), (d), (e), or (f) is a second degree felony.
Section 225, Section 
76-6-414
 is amended to read:
76-6-414
. Theft resulting in economic interruption.
(1)
(a)
As used in this section:
(i)
"Business" means the same as that term is defined in Section 
76-6-113
.
(ii)
"Governmental entity" means the same as that term is defined in Section 
76-6-113
.
(iii)
"Economic interruption" means the same as that term is defined in Section 
76-6-113
.
(b)
Terms defined in Sections 
76-1-101.5
 and 
76-6-401
 apply to this section.
(2)
An actor commits theft resulting in economic interruption if:
(a)
the actor intentionally, knowingly, recklessly, or negligently obtains or exercises 
unauthorized control over a business's or governmental entity's property with the 
intent to deprive the business or governmental entity of the property; and
(b)
the actor's actions under Subsection (2)(a) cause an economic interruption for the 
business or governmental entity.
(3)
A violation of Subsection (2) is a class A misdemeanor.
(3)
(a)
Except as provided in Subsection 
(3)(b)
 or (c), a violation of Subsection 
(2)
 is a 
class A misdemeanor.
(b)
Except as provided in Subsection 
(3)(c)
, a violation of Subsection 
(2)
 is a third 
degree felony if the actor has two prior convictions for a violation of Subsection (2) 
within five years before the day on which the actor committed the most recent 
violation of Subsection (2).
(c)
A violation of Subsection 
(2)
 is a second degree felony if the actor has at least three 
prior convictions for a violation of Subsection (2) within five years before the day on 
which the actor committed the most recent violation of Subsection 
(2)
.
(4)
It is not a defense under this section that the actor did not know that the victim is a 
business or governmental entity.
(5)
If the trier of facts finds that the actor committed a violation of Subsection (2), the 
actor is guilty of:
(a)
a third degree felony if the actor has two prior convictions for a violation of 
Subsection (2) within five years before the day on which the actor committed the 
most recent violation of Subsection (2); and
(b)
a second degree felony if the actor has at least three prior convictions for a violation 
of Subsection (2) within five years before the day on which the actor committed the 
most recent violation of Subsection (2).
(6)
(5)
A prior conviction used for a penalty enhancement under Subsection 
(5)
(3)(b) or 
(c)
 is a conviction that is from a separate criminal episode than:
(a)
the most recent violation of Subsection (2); and
(b)
any other prior conviction that is used to enhance the penalty for the most recent 
violation of Subsection (2).
(7)
(6)
The prosecuting attorney, or the grand jury if an indictment is returned, shall 
include notice in the information or indictment that the offense is subject to an 
enhancement under Subsection 
(5)
(3)(b) or (c)
.
Section 226, Section 
76-6-525
, which is renumbered from Section 76-10-1801 is renumbered 
and amended to read:
76-10-1801
76-6-525
. Communications fraud.
(1)
(a)
As used in this section, "sensitive personal identifying information" means 
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;
(vi)
unique biometric data; or
(vii)
any other information that can be used to gain access to an individual's financial 
accounts or to obtain goods or services.
(b)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
Any person who 
An actor commits communications fraud if the actor 
has devised any 
scheme or artifice to defraud another or to obtain from another money, property, or 
anything of value by means of false or fraudulent pretenses, representations, promises, 
or material omissions, and who communicates directly or indirectly with any person by 
any means for the purpose of executing or concealing the scheme or artifice
.
(3)
 is guilty of
A violation of Subsection (2) is
:
(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 
sought to be obtained is or exceeds $1,500 but is less than $5,000;
(d)
a second degree felony when the value of the property, money, or thing obtained or 
sought to be obtained is or exceeds $5,000; and
(e)
a second degree felony when the object or purpose of the scheme or artifice to 
defraud is the obtaining of sensitive personal identifying information, regardless of 
the value.
(2)
(4)
The determination of the degree of 
any
an
 offense under Subsection 
(1)
 shall be 
(2) is 
measured by the total value of all property, money, or things obtained or sought to 
be obtained by the scheme or artifice described in Subsection 
(1)
(2)
 except as provided 
in Subsection 
(1)(e)
(3)(e)
.
(3)
(5)
(a)
Reliance on the part of any person is not a necessary element of the offense 
described in Subsection 
(1)
(2)
.
(4)
(b)
An intent on the part of the 
perpetrator
actor
 of any offense described in 
Subsection 
(1)
(2)
 to permanently deprive any person of property, money, or thing 
of value is not a necessary element of the offense.
(5)
(c)
Each separate communication made for the purpose of executing or concealing a 
scheme or artifice described in Subsection 
(1)
(2)
 is a separate act and offense of 
communication fraud.
(6)
(a)
To communicate as described in Subsection 
(1)
(2)
 means to:
(i)
bestow, convey, make known, recount, or impart;
(ii)
give by way of information;
(iii)
talk over; or
(iv)
transmit information.
(b)
Means of communication include use of the mail, telephone, telegraph, radio, 
television, newspaper, computer, and spoken and written communication.
(7)
A person
An actor
 may not be convicted under this section unless the pretenses, 
representations, promises, or material omissions made or omitted were made or omitted 
intentionally, knowingly, or with a reckless disregard for the truth.
(8)
As used in this section, "sensitive personal identifying information" means information 
regarding an individual's:
(a)
Social Security number;
(b)
driver's license number or other government issued identification number;
(c)
financial account number or credit or debit card number;
(d)
password or personal identification number or other identification required to gain 
access to a financial account or a secure website;
(e)
automated or electronic signature;
(f)
unique biometric data; or
(g)
any other information that can be used to gain access to an individual's financial 
accounts or to obtain goods or services.
Section 227, Section 
76-6-703.3
 is amended to read:
76-6-703.3
. Unlawful use of technology to defraud.
(1)
(a)
As used in this section, "sensitive personal identifying information" means the 
same as that term is defined in Section 
76-10-1801
76-6-525
.
(b)
Terms defined in Sections 
76-1-101.5
 and 
76-6-702
 apply to this section.
(2)
An actor commits unlawful use of technology to defraud if the actor uses or knowingly 
allows another person to use a 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, a service, or other thing of value by a false 
pretense, promise, or representation.
(3)
A violation of Subsection 
(2)
 is:
(a)
a class B misdemeanor if the value of the money, property, service, or thing obtained 
or sought to be obtained is less than $500;
(b)
a class A misdemeanor if the value of the money, property, service, or thing obtained 
or sought to be obtained is or exceeds $500 but is less than $1,500;
(c)
a third degree felony if the value of the money, property, service, or thing obtained or 
sought to be obtained is or exceeds $1,500 but is less than $5,000; or
(d)
a second degree felony if:
(i)
the value of the money, property, service, or thing obtained or sought to be 
obtained is or exceeds $5,000; or
(ii)
the object or purpose of the artifice or scheme to defraud is the obtaining of 
sensitive personal identifying information, regardless of the value.
(4)
(a)
In accordance with 47 U.S.C. Sec. 230, this section may not apply to, and nothing 
in this section may be construed to impose liability or culpability on, an interactive 
computer service for content provided by another person.
(b)
This section does not affect, limit, or apply to any activity or conduct that is 
protected by the constitution or laws of this state, or by the constitution or laws of the 
United States.
(5)
(a)
An interactive computer service is not guilty of violating this section if a person 
violates this section using the interactive computer service and the interactive 
computer service did not knowingly assist the person to commit the violation.
(b)
A service provider is not guilty of violating this section for:
(i)
action taken in relation to a customer of the service provider, for a legitimate 
business purpose, to install software on, monitor, or interact with the customer's 
Internet or other network connection, service, or computer for network or 
computer security purposes, authentication, diagnostics, technical support, 
maintenance, repair, network management, updates of computer software or 
system firmware, or remote system management; or
(ii)
action taken, including scanning and removing computer software, to detect or 
prevent the following:
(A)
unauthorized or fraudulent use of a network, service, or computer software;
(B)
illegal activity; or
(C)
infringement of intellectual property rights.
Section 228, Section 
76-6-703.7
 is amended to read:
76-6-703.7
. Unlawful computer access.
(1)
Terms defined in Sections 
76-1-101.5
 and 
76-6-702
 apply to this section.
(2)
An actor commits unlawful computer access if:
(a)
the actor intentionally or knowingly, and without authorization, gains or attempts to 
gain access to a computer, computer network, computer property, or computer 
system; and
(b)
the circumstances of the violation of Subsection 
(2)(a)
 do not constitute an offense 
under Section 
76-6-703
, 
76-6-703.1
, 
76-6-703.3
, 
or 
76-6-703.5
, or 
76-12-205
.
(3)
A violation of Subsection 
(2)
 is a class B misdemeanor.
(4)
(a)
Notwithstanding Subsection 
(2)
, 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 this section 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.
(b)
It is an affirmative defense to a violation under this section that the actor obtained 
access or attempted to obtain access:
(i)
in response to, and for the purpose of protecting against or investigating, a prior 
attempted or successful breach of security of computer technology whose security 
the actor is authorized or entitled to protect, and the access attempted or obtained 
was no greater than reasonably necessary for that purpose; or
(ii)
pursuant to a search warrant or a lawful exception to the requirement to obtain a 
search warrant.
(c)
In accordance with 47 U.S.C. Sec. 230, this section may not apply to, and nothing in 
this section may be construed to impose liability or culpability on, an interactive 
computer service for content provided by another person.
(d)
This section does not affect, limit, or apply to any activity or conduct that is 
protected by the constitution or laws of this state, or by the constitution or laws of the 
United States.
(5)
(a)
An interactive computer service is not guilty of violating this section if an actor 
violates this section using the interactive computer service and the interactive 
computer service did not knowingly assist the actor to commit the violation.
(b)
A service provider is not guilty of violating this section for:
(i)
action taken in relation to a customer of the service provider, for a legitimate 
business purpose, to install software on, monitor, or interact with the customer's 
Internet or other network connection, service, or computer for network or 
computer security purposes, authentication, diagnostics, technical support, 
maintenance, repair, network management, updates of computer software or 
system firmware, or remote system management; or
(ii)
action taken, including scanning and removing computer software, to detect or 
prevent the following:
(A)
unauthorized or fraudulent use of a network, service, or computer software;
(B)
illegal activity; or
(C)
infringement of intellectual property rights.
Section 229, Section 
76-6-705
 is amended to read:
76-6-705
. Reporting violations.
(1)
Each person who has reason to believe that a provision of Section 
76-6-703
, 
76-6-703.1
, 
76-6-703.3
, 
76-6-703.5
, 
or 
76-6-703.7
, or 
76-12-205
 is being or has been violated shall 
report the suspected violation to:
(a)
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 
violation occurred; or
(b)
a state or local law enforcement agency.
(2)
Subsection 
(1)
 does not apply to the extent that the person is prohibited from reporting 
by a statutory or common law privilege.
Section 230, Section 
76-6-1202
 is amended to read:
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
means the same as that term is 
defined
 in Section 
76-10-1602
76-17-401
.
(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.
Section 231, Section 
76-7-101
 is amended to read:
76-7-101
. Bigamy.
(1)
An individual is guilty of bigamy if:
(a)
the individual purports to marry another individual; and
(b)
knows or reasonably should know that one or both of the individuals described in 
Subsection 
(1)(a)
 are legally married to another individual.
(2)
An individual who violates Subsection 
(1)
 is guilty of an infraction.
(3)
An individual is guilty of a third degree felony if the individual induces bigamy:
(a)
under fraudulent or false pretenses; or
(b)
by threat or coercion.
(4)
An individual is guilty of a second degree felony if the individual:
(a)
cohabitates with another individual with whom the individual is engaged in bigamy 
as described in Subsection 
(1)
; and
(b)
in furtherance of the conduct described in Subsection 
(4)(a)
, commits a felony 
offense, or for Subsection 
(4)(b)
(xiii), a misdemeanor offense, in violation of one or 
more of the following:
(i)
Section 
76-5-109
, child abuse;
(ii)
Section 
76-5-109.2
, aggravated child abuse;
(iii)
Section 
76-5-109.3
, child abandonment;
(iv)
Section 
76-5-111
, abuse of a vulnerable adult;
(v)
Section 
76-5-111.2
, aggravated abuse of a vulnerable adult;
(vi)
Section 
76-5-111.3
, personal dignity exploitation of a vulnerable adult;
(vii)
Section 
76-5-111.4
, financial exploitation of a vulnerable adult;
(viii)
Chapter 5, Part 2, Criminal Homicide
;
(ix)
Section 
76-5-208
, child abuse homicide;
(x)
Chapter 5, Part 3, Kidnapping, Trafficking, and Smuggling
;
(xi)
Chapter 5, Part 4, Sexual Offenses
, other than:
(A)
Section 
76-5-417
, enticing a minor;
(B)
Section 
76-5-419
, lewdness; or
(C)
Section 
76-5-420
, lewdness involving a child
;
(xii)
Section 
76-7-201
, criminal nonsupport;
(xiii)
Section 
76-9-702.1
, sexual battery;
(xiv)
(xiii)
Title 77, Chapter 36, Cohabitant Abuse Procedures Act
; or
(xv)
(xiv)
Title 78B, Chapter 7, Part 8, Criminal Protective Orders
.
(5)
It is a defense to prosecution under Subsection 
(2)
 that:
(a)
the individual ceased the practice of bigamy as described in Subsection 
(1)
 under 
reasonable fear of coercion or bodily harm;
(b)
the individual entered the practice of bigamy, as described in Subsection 
(1)
, as a 
minor and ceased the practice of bigamy at any time after the individual entered the 
practice of bigamy; or
(c)
law enforcement discovers that the individual practices bigamy, as described in 
Subsection 
(1)
, as a result of the individual's efforts to protect the safety and welfare 
of another individual.
Section 232, Section 
76-8-107
 is amended to read:
76-8-107
. Alteration of proposed legislative bill or resolution.
(1)
Terms defined in Sections 
76-1-101.5
 and 
76-8-101
 apply to this section.
(2)
An actor commits alteration of proposed legislative bill or resolution if the actor 
fraudulently alters the draft of a bill or resolution that has been presented to either of the 
houses composing the Legislature to be passed or adopted, with intent to procure the 
proposed legislative bill or resolution being passed or adopted by either house, or 
certified by the presiding officer of either house in language different from that intended 
by either house.
(3)
A violation of Subsection 
(2)
 is a third degree felony.
Section 233, Section 
76-8-311.1
 is amended to read:
76-8-311.1
. Establishment of secure areas -- Items prohibited -- References to 
penalty provisions.
(1)
(a)
As used in this section:
(i)
"Correctional facility" means the same as that term is defined in Section 
76-8-311.3
.
(ii)
"Dangerous weapon" means the same as that term is defined in Section 
76-10-501
76-11-101
.
(iii)
"Explosive" means the same as the term "explosive, chemical, or incendiary 
device" defined in Section 
76-10-306
76-15-210
.
(iv)
"Firearm" means the same as that term is defined in Section 
76-10-501
76-11-101
.
(v)
"Law enforcement facility" means a facility that is owned, leased, or operated by 
a law enforcement agency.
(vi)
"Mental health facility" means the same as that term is defined in Section 
26B-5-301
.
(vii)
(A)
"Secure area" means an area created under this section into which certain 
persons are restricted from transporting a firearm or other dangerous weapon, 
ammunition, or explosive.
(B)
A "secure area" may not include any area normally accessible to the public.
(b)
Terms defined in Sections 
76-1-101.5
 and 
76-8-101
 apply to this section.
(2)
(a)
The State Tax Commission or a correctional, law enforcement, or mental health 
facility may establish secure areas within the facility and may prohibit or control by 
rule any firearm or other dangerous weapon, ammunition, or explosive.
(b)
Subsections (2)(a), (3), (4), and (5) apply to a higher education secure area hearing 
room referred to in Subsections 
53B-3-103
(2)(a)(ii) and (b).
(3)
An entity that creates a secure area under this section shall ensure that at least one notice 
is prominently displayed at each entrance to the secure area in which a firearm, 
ammunition, dangerous weapon, or explosive is restricted.
(4)
(a)
An entity that creates a secure area under this section shall provide a secure 
weapons storage area so that an individual entering the secure area may store the 
individual's weapon before entering the secure area.
(b)
The entity operating the facility shall be responsible for a weapon while the weapon 
is stored in the storage area described in Subsection (4)(a).
(5)
(a)
An actor who transports a firearm or other dangerous weapon or ammunition into 
a secure area created under this section or a higher education secure area hearing 
room created under this section may be punished under Section 
76-8-311.2
.
(b)
An actor who knowingly or intentionally transports, possesses, distributes, or sells an 
explosive in a secure area or a higher education secure area hearing room created 
under this section may be punished under Section 
76-10-306
76-15-210
.
(c)
It is a defense to a prosecution related to this section that the actor acted in 
conformity with the facility's rule or policy established pursuant to this section.
Section 234, Section 
76-8-311.2
 is amended to read:
76-8-311.2
. Prohibited dangerous weapon or ammunition in a secure area.
(1)
(a)
As used in this section:
(i)
"Correctional facility" means the same as that term is defined in Section 
76-8-311.3
.
(ii)
"Dangerous weapon" means the same as that term is defined in Section 
76-10-501
76-11-101
.
(iii)
"Firearm" means the same as that term is defined in Section 
76-10-501
76-11-101
.
(iv)
"Higher education secure area" means a higher education secure area hearing 
room created under Section 
76-8-311.1
.
(v)
"Law enforcement facility" means the same as that term is defined in Section 
76-8-311.1
.
(vi)
"Secure area" means the same as that term is defined in Section 
76-8-311.1
.
(b)
Terms defined in Sections 
76-1-101.5
 and 
76-8-101
 apply to this section.
(2)
An actor commits prohibited dangerous weapon or ammunition in a secure area if the 
actor knowingly or intentionally transports a firearm or other dangerous weapon or 
ammunition into:
(a)
a correctional facility;
(b)
a secure area created by the State Tax Commission;
(c)
a secure area in a law enforcement facility or a mental health facility; or
(d)
a higher education secure area.
(3)
Except as provided in Section 
76-8-311.4
, 
76-8-311.6
, or 
76-8-311.7
, a violation of 
Subsection (2) is a third degree felony.
(4)
It is a defense to a prosecution under this section that the actor acted in conformity with 
the facility's rule or policy established under Section 
76-8-311.1
.
Section 235, Section 
76-8-311.3
 is amended to read:
76-8-311.3
. Establishment of prohibited item policy in a correctional or mental 
health facility -- Reference to penalty provisions -- Exceptions -- Rulemaking.
(1)
(a)
As used in this section:
(i)
"Communication device" means a device designed to receive or transmit an 
image, text message, email, video, location information, or voice communication, 
or another device that can be used to communicate electronically.
(ii)
"Controlled substance" means a substance defined as a controlled substance under 
Title 58, Chapter 37, Utah Controlled Substances Act.
(iii)
"Correctional facility" means:
(A)
a facility operated by or contracting with the Department of Corrections to 
house an offender in either a secure or nonsecure setting;
(B)
a facility operated by a municipality or a county to house or detain an offender;
(C)
a juvenile detention facility; or
(D)
a building or grounds appurtenant to a facility or land granted to the state, 
municipality, or county for use as a correctional facility.
(iv)
"Dangerous weapon" means the same as that term is defined in Section 
76-10-501
76-11-101
.
(v)
"Electronic cigarette product" means the same as that term is defined in Section 
76-10-101
76-9-1101
.
(vi)
"Firearm" means the same as that term is defined in Section 
76-10-501
76-11-101
.
(vii)
"Medicine" means a prescription drug as defined in Title 58, Chapter 17b, 
Pharmacy Practice Act, but does not include a controlled substance as defined in 
Title 58, Chapter 37, Utah Controlled Substances Act.
(viii)
"Mental health facility" means the same as that term is defined in Section 
26B-5-301
.
(ix)
"Nicotine product" means the same as that term is defined in Section 
76-10-101
76-9-1101
.
(x)
"Offender" means an individual in custody at a correctional facility.
(xi)
"Secure area" means the same as that term is defined in Section 
76-8-311.1
.
(xii)
"Tobacco product" means the same as that term is defined in Section 
76-10-101
76-9-1101
.
(b)
Terms defined in Sections 
76-1-101.5
 and 
76-8-101
 apply to this section.
(2)
(a)
Notwithstanding Section 
76-10-500
53-5a-102
, a correctional facility or mental 
health facility may prohibit a firearm, ammunition, a dangerous weapon, an 
implement of escape, an explosive, a controlled substance, spirituous or fermented 
liquor, medicine, or poison from being:
(i)
transported to or within a correctional facility or mental health facility;
(ii)
sold or given away to an offender at a correctional facility or mental health 
facility; or
(iii)
possessed by an offender or another individual at a correctional facility or mental 
health facility.
(b)
A correctional facility may prohibit a communication device from being:
(i)
transported within the correctional facility for the purpose of being sold to an 
offender in the correctional facility; 
(ii)
sold or given away to an offender in the correctional facility; or
(iii)
possessed by an offender or another individual at the correctional facility. 
(3)
It is a defense to a prosecution related to this section that the actor, 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;
(c)
a correctional facility operated by a county, acted in conformity with the policy of 
the county; or
(d)
a mental health facility, acted in conformity with the policy of the mental health 
facility.
(4)
(a)
Except as provided by Subsection (4)(b) or (4)(c), an actor may be charged under 
Section 
76-8-311.4
, 
76-8-311.6
, 
76-8-311.7
, 
76-8-311.8
, 
76-8-311.9
, 
76-8-311.10
, or 
76-8-311.11
 for a violation of a policy or rule created under this section.
(b)
An actor who knowingly or intentionally transports, possesses, distributes, or sells an 
explosive in a correctional facility or a mental health facility may be punished under 
Section 
76-10-306
76-15-210
 or 
76-15-211
.
(c)
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 charged under Title 58, Chapter 
37, Utah Controlled Substances Act.
(5)
Exemptions to a policy or rule created under this section may be granted for worship of 
Native American inmates in accordance with Section 
64-13-40
.
Section 236, Section 
76-8-311.4
 is amended to read:
76-8-311.4
. Prohibited item in correctional or mental health facility for use by 
offender or detainee.
(1)
(a)
As used in this section:
(i)
"Correctional facility" means the same as that term is defined in Section 
76-8-311.3
.
(ii)
"Dangerous weapon" means the same as that term is defined in Section 
76-10-501
76-11-101
.
(iii)
"Mental health facility" means the same as that term is defined in Section 
76-8-311.3
.
(iv)
"Offender" means the same as that term is defined in Section 
76-8-311.3
.
(v)
"Secure area" means the same as that term is defined in Section 
76-8-311.1
.
(b)
Terms defined in Sections 
76-1-101.5
 and 
76-8-101
 apply to this section.
(2)
An actor commits prohibited item in correctional or mental health facility for use by 
offender or detainee if the actor:
(a)
transports a dangerous weapon, ammunition, or implement of escape to or within a 
correctional facility, or into a secure area of a mental health facility, with the intent to 
provide or sell to an offender or detainee the dangerous weapon, ammunition, or 
implement of escape; or
(b)
provides or sells a dangerous weapon, ammunition, or implement of escape to:
(i)
an offender at a correctional facility; or
(ii)
a detainee at a secure area of a mental health facility.
(3)
Except as provided in Subsection (4), a violation of Subsection (2) is a second degree 
felony.
(4)
The defenses provided in Section 
76-8-311.3
 apply to this section.
Section 237, Section 
76-8-311.7
 is amended to read:
76-8-311.7
. Possession of prohibited item in correctional facility or secure area 
of mental health facility.
(1)
(a)
As used in this section:
(i)
"Correctional facility" means the same as that term is defined in Section 
76-8-311.3
.
(ii)
"Dangerous weapon" means the same as that term is defined in Section 
76-10-501
76-11-101
.
(iii)
"Mental health facility" means the same as that term is defined in Section 
76-8-311.3
.
(iv)
"Secure area" means the same as that term is defined in Section 
76-8-311.1
.
(b)
Terms defined in Sections 
76-1-101.5
 and 
76-8-101
 apply to this section.
(2)
An actor commits possession of prohibited item in correctional facility or secure area of 
mental health facility if the actor, without the permission of the authority operating the 
correctional facility or the secure area of a mental health facility, knowingly possesses a 
dangerous weapon, ammunition, or implement of escape at a correctional facility or in a 
secure area of a mental health facility.
(3)
Except as provided in Section 
76-8-311.6
 or Subsection (4), a violation of Subsection (2) 
is a third degree felony.
(4)
The defenses provided in Section 
76-8-311.3
 apply to this section.
Section 238, Section 
76-8-411
 is amended to read:
76-8-411
. Trafficking in warrants.
(1)
Terms defined in Sections 
76-1-101.5
 and 
76-8-101
 apply to this section.
(2)
An actor commits trafficking in warrants if the actor:
(a)
is 
a
an officer of the
 state, 
a 
county, 
a 
city, 
a 
town, or 
a 
district
 officer
; and
(b)
directly or indirectly contracts for or purchases a warrant or order issued by the state, 
county, city, town, or district of which the actor is an officer, at any discount 
whatever upon the sum due on the warrant or order.
(3)
A violation of Subsection (2) is a class B misdemeanor.
Section 239, Section 
76-9-101
 is amended to read:
9. OFFENSES AGAINST PUBLIC ORDER, HEALTH, AND SAFETY
1. Breaches of the Peace and Related Offenses
76-9-101
. Riot.
(1)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
An individual is guilty of
An actor commits
 riot if the 
individual
actor
:
(a)
simultaneously with two or more other individuals engages in violent conduct, 
knowingly or recklessly creating a substantial risk of causing public alarm;
(b)
assembles with two or more other individuals with the purpose of engaging, soon 
thereafter, in violent conduct, knowing, that two or more other individuals in the 
assembly have the same purpose;
 or
(c)
assembles with two or more other individuals with the purpose of committing an 
offense against a person, or the property of another person who the 
individual
actor
supposes to be guilty of a violation of law, believing that two or more other 
individuals in the assembly have the same purpose
.
; or
(2)
(d)
Any individual who 
refuses to comply with a lawful order to withdraw prior 
to, during, or immediately following a violation of 
Subsection 
(1)
 is guilty of riot.
It is no defense to a prosecution under this Subsection 
(2)
 that withdrawal must take 
place over private property; provided, however, that an individual who withdraws in 
compliance with an order to withdraw may not incur criminal or civil liability by 
virtue of acts reasonably necessary to accomplish the withdrawal.
Subsection (2)(a), 
(b), or (c).
(3)
(a)
Except as provided in Subsection 
(4)
, riot
(3)(b), a violation of Subsection (2)
 is 
a class B misdemeanor.
(4)
(b)
Riot
A violation of Subsection 
(2)
 is a third degree felony if, in the course of 
the 
conduct
violation
:
(a)
(i)
the 
individual
actor
 causes substantial or serious bodily injury;
(b)
(ii)
the 
individual
actor
 causes substantial property damage or commits arson; or
(c)
(iii)
the 
individual
actor
 was in possession of a dangerous weapon
 as defined in 
Section 
76-1-101.5
.
(4)
It is not a defense to a prosecution under Subsection 
(2)(d)
 that in order for an actor to 
comply with an order to withdraw the actor must enter or cross over private property.
(5)
An actor is not criminally or civilly liable for actions that the actor takes that are 
reasonably necessary to comply with an order to withdraw under Subsection 
(2)
(d).
(5)
(6)
An 
individual
actor
 arrested for a violation of Subsection 
(4)
(2)
 may not be 
released from custody before the 
individual
actor
 appears before a magistrate or a judge.
(6)
The court shall order a defendant convicted under Subsection 
(4)
 to pay restitution in 
accordance with Section 
77-38b-205
.
Section 240, Section 
76-9-102
 is amended to read:
76-9-102
. Disorderly conduct.
(1)
(a)
As used in this section:
(a)
(i)
"Official meeting" means:
(i)
(A)
a meeting, as defined in Section 
52-4-103
;
(ii)
(B)
a meeting of the Legislature, the Utah Senate, the Utah House of 
Representatives, a legislative caucus, or any committee, task force, working 
group, or other organization in the state legislative branch; or
(iii)
(C)
a meeting of an entity created by the Utah Constitution, Utah Code, Utah 
administrative rule, legislative rule, or a written rule or policy of the 
Legislative Management Committee.
(b)
(ii)
"Public place" means a place to which the public or a substantial group of the 
public has access, including:
(i)
(A)
streets or highways; and
(ii)
(B)
the common areas of schools, hospitals, apartment houses, office 
buildings, public buildings, public facilities, transport facilities, and shops.
(b)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
An 
individual is guilty of
actor commits
 disorderly conduct if:
(a)
the 
individual
actor
 refuses to comply with the lawful order of a law enforcement 
officer to move from a public place or an official meeting, or knowingly creates a 
hazardous or physically offensive condition
,
 by any act that serves no legitimate 
purpose; or
(b)
intending to cause public inconvenience, annoyance, or alarm, or recklessly creating 
a risk of public inconvenience, annoyance, or alarm, the 
person
actor
:
(i)
engages in fighting or in violent, tumultuous, or threatening behavior;
(ii)
makes unreasonable noises in a public place or an official meeting;
(iii)
makes unreasonable noises in a private place 
which
that
 can be heard in a public 
place or an official meeting; or
(iv)
obstructs vehicular or pedestrian traffic in a public place or an official meeting.
(3)
The mere carrying or possession of a holstered or encased firearm, whether visible or 
concealed, without additional behavior or circumstances that would cause a reasonable 
person to believe the holstered or encased firearm was carried or possessed with 
criminal intent, does not constitute a violation of this section. Nothing in this Subsection 
(3)
 may limit or prohibit a law enforcement officer from approaching or engaging any 
person in a voluntary conversation.
(4)
(3)
(a)
An individual who violates this section is guilty of:
Except as provided in 
Subsection 
(3)(b)
, (c), or (d), a violation of Subsection (2) is an infraction.
(a)
except as provided in Subsection 
(4)(b)
, 
(c)
, or 
(d)
, an infraction;
(b)
except
Except
 as provided in Subsection 
(4)(c)
 or 
(d)
, 
(3)(c) or (d), a violation of 
Subsection 
(2)
 is 
a class C misdemeanor
,
 if the violation occurs after the 
individual
actor
 has been asked to cease conduct prohibited under this section
;
.
(c)
except
Except
 as provided in Subsection 
(4)(d)
(3)(d)
, 
a violation of Subsection 
(2)
is 
a class B misdemeanor
,
 if:
(i)
the violation occurs after the 
individual
actor
 has been asked to cease conduct 
prohibited under this section; and
(ii)
within five years before the day on which the 
individual
actor
 violates this 
section, the 
individual
actor
 was previously convicted of a violation of this 
section
; or
.
(d)
A violation of Subsection (2) is 
a class A misdemeanor
,
 if:
(i)
the violation occurs after the 
individual
actor
 has been asked to cease conduct 
prohibited under this section; and
(ii)
within five years before the day on which the 
individual
actor
 violates this 
section, the 
individual
actor
 was previously convicted of two or more violations 
of this section.
(4)
(a)
The mere carrying or possession of a holstered or encased firearm, whether visible 
or concealed, without additional behavior or circumstances that would cause a 
reasonable person to believe the holstered or encased firearm was carried or 
possessed with criminal intent, does not constitute a violation of this section.
(b)
Subsection 
(4)(a)
 does not limit or prohibit a law enforcement officer from 
approaching or engaging an individual in a voluntary conversation.
Section 241, Section 
76-9-103
 is amended to read:
76-9-103
. Disrupting a meeting or procession.
(1)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
A person is guilty of
An actor commits
 disrupting a meeting or procession if
, 
intending to prevent or disrupt a lawful meeting, procession, or gathering,
 the actor:
(a)
he 
obstructs or interferes with 
the
a lawful
 meeting, procession, or gathering by 
physical action, verbal utterance, or any other means
; and
(b)
intends the obstruction or disruption described in Subsection 
(2)(a)
 to prevent or 
disrupt the meeting, procession, or gathering
.
(2)
(3)
Disrupting a meeting or procession
A violation of Subsection 
(2)
 is a class B 
misdemeanor.
Section 242, Section 
76-9-104
 is amended to read:
76-9-104
. Failure to disperse.
(1)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
A person is guilty of
An actor commits
 failure to disperse
 if the actor:
(a)
 when he remains 
is 
at the scene of a riot, disorderly conduct, or an unlawful 
assembly
; and
(b)
remains at the scene of the riot, disorderly conduct, or unlawful assembly 
after 
having been ordered to disperse by a peace officer.
(2)
This section shall not apply to a person who attempted to but was unable to leave the 
scene of the riot or unlawful assembly.
(3)
Failure to disperse 
A violation of Subsection 
(2)
is a class C misdemeanor.
(4)
This section does not apply to an actor who attempts to leave the scene of a riot, 
disorderly conduct, or unlawful assembly but is unsuccessful in leaving the scene.
Section 243, Section 
76-9-105
 is amended to read:
76-9-105
. Making a false alarm.
(1)
(a)
As used in this section, "weapon of mass destruction" means the same as that term 
is defined in Section 
76-15-301
.
(b)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
A person is guilty of
An actor commits
 making a false alarm if 
he
the actor:
(a)
initiates or circulates a report or warning of 
any
a
 fire, impending bombing, or other 
crime or catastrophe
,
; and
(b)
knowing
knows that
 that the report or warning
 described in Subsection 
(2)(a)
 is
:
(i)
false or baseless
 and
;
(ii)
is likely to cause 
the 
evacuation of 
any
a
 building, place of assembly, or facility 
of public transport
,
; and
(iii)
to
likely to
 cause public inconvenience or alarm or action of any sort 
by any
by 
an
 official or volunteer agency organized to deal with emergencies.
(2)
(a)
A person is guilty of a second degree felony if the person makes a false alarm 
relating to a weapon of mass destruction as defined in Section 
76-10-401
.
(b)
A person is guilty of a third degree felony if:
(i)
the person makes a false alarm alleging on ongoing act or event, or an imminent 
threat; and
(ii)
the false alarm causes or threatens to cause bodily harm, serious bodily injury, or 
death to another person.
(c)
Making a false alarm other than under Subsection 
(2)(a)
 or 
(b)
 is a class B 
misdemeanor.
(3)
(a)
Except as provided in Subsection 
(3)(b)
 or (c), a violation of Subsection 
(2)
 is a 
class B misdemeanor.
(b)
Except as provided in Subsection 
(3)(c)
, a violation of Subsection 
(2)
 is a third 
degree felony if:
(i)
the actor makes a false alarm alleging an ongoing act or event, or an imminent 
threat; and
(ii)
the false alarm causes or threatens to cause bodily harm, serious bodily injury, or 
death to another individual.
(c)
A violation of Subsection 
(2)
 is a second degree felony if the false alarm is regarding 
a weapon of mass destruction.
(4)
In addition to any other penalty authorized by law, a court shall order 
any person
an 
actor
 convicted of a felony 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 court finds the reimbursement would be inappropriate.
Section 244, Section 
76-9-105.5
, which is renumbered from Section 76-9-202 is renumbered 
and amended to read:
76-9-202
76-9-105.5
. Emergency reporting abuse.
(1)
(a)
As used in this section:
(i)
"Emergency" means a situation in which property or human life is in jeopardy and 
the prompt summoning of aid is essential to the preservation of human life or 
property.
(ii)
"Party line" means a subscriber's line or telephone circuit:
(A)
that consists of two or more connected main telephone stations; and
(B)
where each telephone station has a distinctive ring or telephone number.
(iii)
"Weapon of mass destruction" means the same as that term is defined in Section 
76-15-301
.
(b)
Terms defined in Sections 
76-1-101.5
 apply to this section.
(2)
An actor 
is guilty of
commits
 emergency reporting abuse if the actor:
(a)
intentionally refuses to yield or surrender the use of a party line or a public pay 
telephone to another individual upon being informed that the telephone is needed to 
report a fire or summon police, medical, or other aid in case of emergency, unless the 
telephone is likewise being used for an emergency call;
(b)
asks for or requests the use of a party line or a public pay telephone on the pretext 
that an emergency exists, knowing that no emergency exists;
(c)
(a)
except as provided in Subsection (2)(d), 
reports an emergency or causes an 
emergency to be reported, through any means, to a public, private, or volunteer entity 
whose purpose is to respond to fire, police, or medical emergencies, when the actor 
knows the reported emergency does not exist;
(d)
(b)
makes a false report, or intentionally aids, abets, or causes another person to 
make a false report, through any means to an emergency response service, including 
a law enforcement dispatcher or a 911 emergency response service, if the false report 
claims that:
(i)
an emergency exists or will exist;
(ii)
the emergency described in Subsection 
(2)(d)(i)
(2)(b)(i)
 involves an imminent 
or future threat of serious bodily injury, serious physical injury, or death; and
(iii)
the emergency described in Subsection 
(2)(d)(i)
(2)(b)(i)
 is occurring
,
 or will 
occur
,
 at a specified location; or
(e)
(c)
makes a false report after having previously made a false report, or intentionally 
aides, abets, or causes a third party to make a false report, to an emergency response 
service, including a law enforcement dispatcher or a 911 emergency response service, 
alleging a violation of Section 
63G-31-302
 regarding a sex-designated changing 
room.
(3)
(a)
A violation of Subsection (2)(a) or (b) is a class C misdemeanor.
(b)
(3)
(a)
A
Except as provided in Subsection (3)(b), a
 violation of Subsection 
(2)(c)
(2)(a)
 is a class B misdemeanor
, except as provided under Subsection (3)(c)
.
(c)
(b)
A violation of Subsection 
(2)(c)
(2)(a)
 is a second degree felony if the report is 
regarding a weapon of mass destruction
, as defined in Section 
76-10-401
.
(d)
(c)
A violation of Subsection 
(2)(d)
(2)(b) 
is a second degree felony
.
(e)
(d)
A violation of Subsection 
(2)(e)
(2)(c)
 is a class B misdemeanor.
(4)
(a)
In addition to another penalty authorized by law, a court shall order an actor 
convicted of a violation of this section to reimburse
a federal, state, or local unit of 
government, or a private business, organization, individual, or entity for all expenses 
and losses incurred in responding to the violation.
(b)
The court may order that the 
defendant
actor
 pay less than the full amount of the 
costs described in Subsection (4)(a) only if the court states on the record the reasons 
why the reimbursement would be inappropriate.
Section 245, Section 
76-9-105.6
 is enacted to read:
76-9-105.6
. Prohibited use of a party line or public pay telephone in an 
emergency.
(1)
(a)
As used in this section:
(i)
"Emergency" means the same as that term is defined in Section 
76-9-105.5
.
(ii)
"Party line" means the same as that term is defined in Section 
76-9-105.5
.
(b)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
An actor commits prohibited use of a party line or public pay telephone in an 
emergency if the actor:
(a)
intentionally refuses to yield or surrender the use of a party line or a public pay 
telephone to another individual upon being informed that the party line or public pay 
telephone is needed to report a fire or summon police, medical, or other aid in case of 
an emergency; or
(b)
asks for or requests the use of a party line or a public pay telephone on the pretext 
that an emergency exists, knowing that no emergency exists.
(3)
A violation of Subsection 
(2)
 is a class C misdemeanor.
(4)
Subsection 
(2)
(a) does not apply if the actor refuses to yield or surrender the use of the 
party line or public pay telephone because the actor is using the party line or public pay 
telephone to report an emergency.
(5)
(a)
In addition to another penalty authorized by law, a court shall order an actor 
convicted of a violation of this section to reimburse a federal, state, or local unit of 
government, or a private business, organization, individual, or entity for all expenses 
and losses incurred in responding to the violation.
(b)
The court may order that the actor pay less than the full amount of the costs 
described in Subsection 
(5)(a)
 only if the court states on the record the reasons why 
the full reimbursement would be inappropriate.
Section 246, Section 
76-9-106
 is amended to read:
76-9-106
. Disrupting the operation of a school.
(1)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
A person is guilty of
An actor commits
 disrupting the operation of a school if the 
person,
actor:
(a)
after being asked to leave by a school official, remains
is
 on 
school
the
 property
 of 
a private or public school, including property being used by the school for a school 
function;
(b)
for
has
 the purpose of encouraging or creating an unreasonable and substantial 
disruption or risk of disruption of a class, activity, program, or other function of 
a 
public or private school
the school; and
(c)
remains on the property after being requested to leave by a school official
.
(2)
For purposes of this section, "school property" includes property being used by a public 
or private school for a school function.
(3)
Disrupting the operation of a school 
A violation of Subsection 
(2)
is a class B 
misdemeanor.
Section 247, Section 
76-9-107
 is amended to read:
76-9-107
. Unauthorized entry onto a school bus.
(1)
(a)
As used in this section:
(a)
(i)
"Driver" means the driver of 
the
a
 school bus.
(b)
(ii)
"School bus" means 
every
a
 publicly or privately owned motor vehicle 
designed for transporting 10 or more passengers and operated for the 
transportation of children to or from school or school activities.
(b)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
A person is guilty of a class B misdemeanor if the person
An actor commits 
unauthorized entry onto a school bus if the actor
:
(a)
enters a school bus with the intent to commit a criminal offense;
(b)
enters a school bus and disrupts or interferes with the driver; or
(c)
enters a school bus and refuses to leave the
 school
 bus after being ordered to leave by 
the driver and the 
person
actor
:
(i)
is not a peace officer acting within the scope of his or her authority as a peace 
officer;
(ii)
is not authorized by the school district to board the bus as a student or as an 
individual employed by the school district or volunteering as a participant in a 
school activity;
(iii)
(i)
causes or attempts to cause a disruption or an annoyance to any passenger on 
the 
school 
bus; or
(iv)
(ii)
is reckless as to whether the 
person's
actor's
 presence or behavior will cause 
fear 
on the part of any
to a
 passenger on the 
school 
bus.
(3)
A violation of Subsection 
(2)
 is a class B misdemeanor.
(4)
Subsection 
(2)(c)
 does not apply:
(a)
if the actor is a peace officer acting within the scope of the peace officer's authority; 
or
(b)
the actor is authorized by the school district to board the school bus as:
(i)
a student;
(ii)
an individual employed by the school district; or
(iii)
a volunteer participant in a school activity.
(3)
(5)
Each school district shall ensure that clearly legible signs 
be
warning that 
unauthorized entry onto a school bus is a violation of the law are
 placed on each school 
bus
, 
 and
 next to each entrance to the bus
, warning that unauthorized entry of a school 
bus is a violation of state law
.
Section 248, Section 
76-9-108
 is amended to read:
76-9-108
. Disrupting a funeral or memorial service.
(1)
(a)
As used in this section:
(a)
(i)
"Funeral procession" means a procession of two or more motor vehicles 
where:
(i)
(A)
the operators of the vehicles identify themselves as being part of the 
procession by having the lamps or lights of the vehicle on and by keeping in 
close formation with the other vehicles in the procession;
(ii)
(B)
at least one vehicle contains the body or remains of a deceased person 
being memorialized; and
(iii)
(C)
the vehicles are going to or from a memorial service.
(b)
(ii)
"Memorial service" means a wake, funeral, graveside service, burial, or other 
ceremony or rite held in connection with the burial or cremation of an individual.
(c)
(iii)
"Memorial site" means a church, synagogue, mosque, funeral home, 
mortuary, cemetery, grave site, mausoleum, or other place at which a memorial 
service is conducted.
(d)
(iv)
"Disruptive activity" means:
(i)
(A)
a loud or disruptive oration or speech that is not part of the memorial 
service;
(ii)
(B)
the display of a placard, banner, poster, flag, or other item that is not part 
of the memorial service; or
(iii)
(C)
the distribution of any handbill, pamphlet, leaflet, or other written 
material or other item that is not part of the memorial service.
(b)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
A person is guilty of a class B misdemeanor if the person, 
An actor commits 
disrupting a funeral or memorial service if the actor:
(a)
with intent
intends
 to disrupt 
the
a
 memorial service
,
; and
(b)
does any of the following during the period beginning 60 minutes immediately 
before the scheduled commencement of 
a
the
 memorial service and ending 60 
minutes after the conclusion of 
a
the
 memorial service:
(a)
(i)
obstructs, hinders, impedes, or blocks another 
person's
individual's
 entry to 
or exit from the memorial site;
(b)
(ii)
obstructs, hinders, impedes, or blocks a funeral procession;
(c)
(iii)
makes unreasonable noise; or
(d)
(iv)
engages in a disruptive activity within 200 feet of the memorial service.
(3)
A violation of Subsection 
(2)
 is a class B misdemeanor.
Section 249, Section 
76-9-109
 is amended to read:
76-9-109
. Targeted residential picketing.
(1)
(a)
As used in this section:
(a)
(i)
"Picketing" means the stationing or posting of one or more individuals to 
apprise the public, vocally or by standing or marching with signs, banners, sound 
amplification devices, or other means, of an opinion or a message.
(b)
(ii)
"Residence" means any single-family, duplex, or multi-family dwelling unit 
that is not being used as a targeted occupant's sole place of business or as a place 
of public meeting.
(c)
"Targeted residential picketing" means picketing, with or without signs, that is 
specifically directed or focused toward a residence, or one or more occupants of the 
residence, and that takes place:
(i)
on that portion of a sidewalk or street in front of the residence, in front of an 
adjoining residence, or on either side of the targeted residence; or
(ii)
within 100 feet of the property line of the targeted residence.
(b)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
It is unlawful to engage in
An actor commits
 targeted residential picketing
.
 if:
(a)
(i)
the actor engages in picketing, with or without signs, specifically directed or 
focused toward a residence, or one or more occupants of the residence; and
(ii)
the actor's conduct described in Subsection 
(2)(a)(i)
 takes place:
(A)
on a portion of a sidewalk or street in front of the residence, in front of an 
adjoining residence, or on either side of the targeted residence; or
(B)
within 100 feet of the property line of the targeted residence; or
(b)
(i)
the actor publishes, posts, disseminates, or discloses another individual's 
residential address, or other information identifying the specific location of the 
individual's residence; and
(ii)
the actor intends to cause another individual to engage in the conduct described in 
Subsection 
(2)(a)
 directed or focused toward the individual's residence.
(3)
A violation of Subsection 
(2)
 is a class B misdemeanor.
(3)
(4)
This section does not apply to:
(a)
an 
individual
actor
 picketing at the 
individual's
actor's
 own residence;
(b)
the picketing of a meeting place or assembly area commonly used to discuss subjects 
of general public interest; or
(c)
general picketing that proceeds through residential neighborhoods or that proceeds 
past residences.
(4)
It is unlawful to publish, post, disseminate, or disclose an individual's residential 
address, or other information identifying the specific location of an individual's 
residence, with the intent to cause another individual to engage in targeted residential 
picketing.
(5)
Targeted residential picketing is a class B misdemeanor.
(6)
A violation of Subsection 
(4)
 is a class B misdemeanor.
Section 250, Section 
76-9-110
, which is renumbered from Section 76-9-701 is renumbered 
and amended to read:
76-9-701
76-9-110
. Public intoxication.
(1)
(a)
As used in this section, "minor" means an individual who is younger than 21 years 
old.
(b)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
A person is guilty of
An actor commits public
 intoxication if the 
person
actor:
(a)
(i)
is in a public place; or
(ii)
in a private place where the actor could unreasonably disturb other individuals;
(b)
is under the influence of alcohol, a controlled substance, or any substance having the 
property of releasing toxic vapors
,
; and
(c)
to a degree that the person
is under the influence to a degree that it
 may endanger 
the 
person
actor
 or another
, in a public place or in a private place where the person 
unreasonably disturbs other persons
 individual
.
(3)
A violation of Subsection 
(2)
 is a class C misdemeanor.
(2)
(4)
(a)
A peace officer or a magistrate may release
 an actor
 from custody 
a person 
arrested under this section if the peace officer or magistrate believes 
imprisonment
incarceration
 is unnecessary for the protection of the 
person
actor
 or another
individual
.
(b)
A peace officer may take the 
arrested person
actor
 to a detoxification center or other 
special facility as an alternative to incarceration or release from custody.
(3)
(5)
(a)
If a minor is found by a court to have 
violated this section
committed a 
violation of Subsection 
(2)
 and the violation is the minor's first violation of 
this 
section
Subsection (2)
, the court may:
(i)
order the minor to complete a screening as defined in Section 
41-6a-501
;
(ii)
order the minor to complete an assessment as defined in Section 
41-6a-501
 if the 
screening indicates an assessment to be appropriate; and
(iii)
order the minor to complete an educational series as defined in Section 
41-6a-501
or substance use disorder treatment as indicated by an assessment.
(b)
If a minor is found by a court to have violated 
this section
Subsection (2)
 and the 
violation is the minor's second or subsequent violation of 
this section
Subsection (2)
, 
the court shall:
(i)
order the minor to complete a screening as defined in Section 
41-6a-501
;
(ii)
order the minor to complete an assessment as defined in Section 
41-6a-501
 if the 
screening indicates an assessment to be appropriate; and
(iii)
order the minor to complete an educational series as defined in Section 
41-6a-501
or substance use disorder treatment as indicated by an assessment.
(4)
(6)
(a)
When a minor who is at least 18 years old, but younger than 21 years old, is 
found by a court to have violated 
this section
Subsection (2)
, the court 
hearing the 
case 
shall suspend the minor's driving privileges under Section 
53-3-219
.
(b)
Notwithstanding the requirement in Subsection 
(4)(a)
(6)(a)
, the court may reduce 
the suspension period required under Section 
53-3-219
 if:
(i)
the violation is the minor's first violation of 
this section
Subsection (2)
; and
(ii)
(A)
the minor completes an educational series as defined in Section 
41-6a-501
; 
or
(B)
the minor demonstrates substantial progress in substance use disorder 
treatment.
(c)
Notwithstanding the requirement in Subsection 
(4)(a)
(6)(a)
 and in accordance with 
the requirements of Section 
53-3-219
, the court may reduce the suspension period 
required under Section 
53-3-219
 if:
(i)
the violation is the minor's second or subsequent violation of 
this section
Subsection (2)
;
(ii)
the minor has completed an educational series as defined in Section 
41-6a-501
 or 
demonstrated substantial progress in substance use disorder treatment; and
(iii)
(A)
the 
person
minor
 is 18 years old or older and provides a sworn statement 
to the court that the 
person
minor
 has not unlawfully consumed alcohol or 
drugs for at least a one-year consecutive period during the suspension period 
imposed under Subsection 
(4)(a)
(6)(a)
; or
(B)
the 
person
minor
 is under 18 years old and has the 
person's
minor's
 parent or 
legal guardian provide an affidavit or sworn statement to the court certifying 
that to the parent or legal guardian's knowledge the 
person
minor
 has not 
unlawfully consumed alcohol or drugs for at least a one-year consecutive 
period during the suspension period imposed under Subsection 
(4)(a)
(6)(a)
.
(5)
(7)
When a 
person
minor
 who is younger than 18 years old is found by a court to have 
violated 
this section
Subsection (2)
, the provisions regarding suspension of the driver's 
license under Section 
80-6-707
 apply to the violation.
(6)
(8)
Notwithstanding Subsections 
(3)(a)
(5)(a)
 and 
(b)
, if a minor is adjudicated under 
Section 
80-6-701
, the court may only order substance use disorder treatment or an 
educational series if the minor has an assessed need for the intervention based on the 
results of a validated assessment.
(7)
(9)
When the court issues an order suspending 
a person's
an actor's
 driving privileges 
for a violation of 
this section
Subsection (2)
, the 
person's
actor's
 driver license shall be 
suspended under Section 
53-3-219
.
(8)
An offense under this section is a class C misdemeanor.
Section 251, Section 
76-9-111
, which is renumbered from Section 76-9-702.3 is renumbered 
and amended to read:
76-9-702.3
76-9-111
. Public urination.
(1)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
A person is guilty of
An actor commits
 public urination if the 
person
actor
 urinates or 
defecates:
(a)
in a public place, other than a public rest room; and
(b)
under circumstances which the 
person
actor
 should know will likely cause affront or 
alarm to another
 individual
.
(2)
(3)
Public urination 
A violation of Subsection 
(2)
is an infraction.
Section 252, Section 
76-9-112
, which is renumbered from Section 76-9-705 is renumbered 
and amended to read:
76-9-705
76-9-112
. Participation in an ultimate fighting match.
(1)
For purposes of this section, "ultimate fighting match" means a live match in which:
(a)
an admission fee is charged;
(b)
match rules permit professional contestants to use a combination of boxing, kicking, 
wrestling, hitting, punching, or other combative, contact techniques; and
(c)
match rules do not:
(i)
incorporate a formalized system of combative techniques against which a 
contestant's performance is judged to determine the prevailing contestant;
(ii)
divide a match into two or more equal and specified time periods for a match 
total of no more than 50 minutes; or
(iii)
prohibit contestants from:
(A)
using anything that is not part of the human body, except for boxing gloves, 
to intentionally inflict serious bodily injury upon an opponent through direct 
contact or the expulsion of a projectile;
(B)
striking a person who demonstrates an inability to protect himself from the 
advances of an opponent;
(C)
biting; or
(D)
direct, intentional, and forceful strikes to the eyes, groin area, adam's apple 
area of the neck, and temple area of the head.
(1)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
Any person who
An actor commits participation in an ultimate fighting match if the 
actor
 publicizes, promotes, conducts, or engages in 
an ultimate fighting
a live fighting
match
 in which:
(a)
an admission fee is charged;
(b)
match rules permit professional contestants to use a combination of boxing, kicking, 
wrestling, hitting, punching, or other combative, contact techniques; and
(c)
match rules do not:
(i)
incorporate a formalized system of combative techniques against which a 
contestant's performance is judged to determine the prevailing contestant;
(ii)
divide a match into two or more equal and specified time periods for a match total 
of no more than 50 minutes; or
(iii)
prohibit contestants from:
(A)
using anything that is not part of the human body, except for boxing gloves, to 
intentionally inflict serious bodily injury upon an opponent through direct 
contact or the expulsion of a projectile;
(B)
striking an individual who demonstrates an inability to protect the individual's 
self from the advances of an opponent;
(C)
biting; or
(D)
using direct, intentional, and forceful strikes to the eyes, groin area, adam's 
apple area of the neck, or temple area of the head.
(3)
 is guilty of
A violation of Subsection (2) is
 a class A misdemeanor.
Section 253, Section 
76-9-113
, which is renumbered from Section 76-10-2402 is renumbered 
and amended to read:
76-10-2402
76-9-113
. Commercial obstruction.
(1)
(a)
As used in this section:
(i)
(A)
"Building" means a watercraft, aircraft, trailer, sleeping car, or other 
structure or vehicle adapted for overnight accommodations of individuals or 
for carrying on business and includes:
(I)
each separately secured or occupied portion of the building or vehicle; and
(II)
each structure appurtenant or connected to the building or vehicle.
(B)
"Building" includes the commonly accepted meaning of building.
(ii)
"Business" means a retail business dealing in tangible personal property.
(iii)
"Enter" means:
(A)
an intrusion of any part of the body; or
(B)
the intrusion of any physical object under the control of the actor.
(b)
Terms defined in Section 
76-1-101.5
 apply to this section.
(1)
(a)
A person is guilty of a misdemeanor if the person
(2)
An actor commits commercial obstruction if the actor:
(a)
enters or remains unlawfully on the premises of or in a building of any business
; and
(b)
with the intent
intends
 to interfere with the employees, customers, personnel, or 
operations of 
a
the
 business
 through any conduct that does not constitute an offense 
listed under Subsection 
(2)
.
(b)
(3)
A violation of Subsection 
(1)(a)
(2)
 is a class A misdemeanor.
(2)
A person is guilty of felony commercial obstruction if the person enters or remains 
unlawfully on the premises or in a building of any business with the intent to interfere 
with the employees, customers, personnel, or operations of a business and also with the 
intent to:
(a)
obtain unauthorized control over any merchandise, property, records, data, or 
proprietary information of the business;
(b)
alter, eradicate, or remove any merchandise, records, data, or proprietary 
information of the business;
(c)
damage, deface, or destroy any property on the premises of the business;
(d)
commit an assault on any person; or
(e)
commit any other felony.
(3)
A person who violates any provision in Subsection 
(2)
 is guilty of a second degree 
felony.
(4)
This section does not apply to
:
(a)
an
 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.
; or
(5)
This section does not apply to a person's
(b)
an individual's
 exercise of the rights under the First Amendment to the Constitution 
of the United States or under 
Article I, Sec. 15 of the 
Utah Constitution
, Article I, 
Section 15
.
Section 254, Section 
76-9-114
 is enacted to read:
76-9-114
. Aggravated commercial obstruction.
(1)
(a)
As used in this section:
(i)
"Building" means the same as that term is defined in Section 
76-9-113
.
(ii)
"Business" means the same as that term is defined in Section 
76-9-113
.
(iii)
"Enter" means the same as that term is defined in Section 
76-9-113
.
(b)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
An actor commits aggravated commercial obstruction if the actor:
(a)
enters or remains unlawfully on the premises or in a building of any business;
(b)
intends to interfere with the employees, customers, personnel, or operations of the 
business; and
(c)
intends to:
(i)
obtain unauthorized control over any merchandise, property, records, data, or 
proprietary information of the business;
(ii)
alter, eradicate, or remove any merchandise, records, data, or proprietary 
information of the business;
(iii)
damage, deface, or destroy any property on the premises of the business;
(iv)
commit an assault on any person; or
(v)
commit any other felony.
(3)
A violation of Subsection 
(2)
 is a second degree felony.
(4)
This section does not apply to:
(a)
an action protected by the National Labor Relations Act, 29 U.S.C. Sec. 151 et seq., 
or the Federal Railway Labor Act, 45 U.S.C. Sec. 151 et seq; or
(b)
an individual's exercise of the rights under the First Amendment to the Constitution 
of the United States or under Utah Constitution, Article I, Section 15.
Section 255, Section 
76-9-601
 is amended to read:
6. Offenses Concerning the Military and the Flag
76-9-601
. Abuse of a flag.
(1)
Terms defined in Section 
76-1-101.5
 apply to this section.
(1)
A person is guilty of
(2)
An actor commits 
abuse of a flag if 
he
the actor
:
(a)
Intentionally
intentionally
 places any unauthorized inscription or other thing upon 
any
a
 flag of the United States or of 
any
a
 state of the United States;
 or
(b)
Knowingly
knowingly
 exhibits 
any such
a
 flag
 of the United States or of a state of 
the United States with an unauthorized inscription or other thing
, knowing the 
inscription or other thing 
to be
is
 unauthorized;
 or
(c)
For purposes of advertising a product or service for sale or for distribution, 
affixes 
a representation of the flag of the United States or of a state of the United States to 
the
a
 product or on 
any
a
 display whereon the product or service is advertised
 for 
the purpose of advertising a product or service for sale or for distribution
; or
(d)
Knowingly
knowingly
 casts contempt upon the flag of the United States or of any 
state of the United States by publicly mutilating, defacing, defiling, burning, or 
trampling upon 
it
the flag
.
(2)
Abuse of a flag
(3)
A violation of Subsection (2)
 is a class B misdemeanor.
Section 256, Section 
76-9-602
, which is renumbered from Section 76-9-706 is renumbered 
and amended to read:
76-9-706
76-9-602
. False representation of the military.
(1)
(a)
As used in this section:
(a)
(i)
"Military related organization" means a public or private society, order, or 
organization that:
(i)
(A)
only accepts as a member, 
a person
an individual
, or the relative of 
a 
person
an individual
, who is:
(A)
(I)
a member of the military; or
(B)
(II)
an honorably discharged member of the military; and
(ii)
(B)
is organized for the purpose of:
(A)
(I)
recognizing or honoring 
a person
an individual
 for military service;
(B)
(II)
assisting 
a person
an individual
 described in Subsection 
(1)(a)(i)
 to 
lawfully associate with, or provide service with, other 
people
individuals
described in Subsection 
(1)(a)(i)
; or
(C)
(III)
provide support for, or assistance to, 
a person
an individual
described in Subsection 
(1)(a)(i)
.
(b)
(ii)
"Service medal" means:
(i)
(A)
a congressional medal of honor, as defined in 18 U.S.C. 704(c)(2);
(ii)
(B)
a distinguished service cross, as defined in 10 U.S.C 3742;
(iii)
(C)
a Navy cross, as defined in 10 U.S.C. 6242;
(iv)
(D)
an Air Force cross, as defined in 10 U.S.C. 8742;
(v)
(E)
a silver star, as defined in 10 U.S.C. 3746, 6244, or 8746;
(vi)
(F)
a bronze star, as defined in 10 U.S.C. 1133;
(vii)
(G)
a purple heart, as defined in 10 U.S.C. 1129;
(viii)
(H)
any decoration or medal authorized by the Congress of the United 
States for the armed forces of the United States;
(ix)
(I)
any service medal or badge awarded to members of the armed forces of 
the United States;
(x)
(J)
any of the following Utah National Guard medals or ribbons:
(A)
(I)
medal of valor;
(B)
(II)
Utah cross;
(C)
(III)
joint medal of merit;
(D)
(IV)
Utah medal of merit;
(E)
(V)
joint commendation medal;
(F)
(VI)
commendation medal;
(G)
(VII)
achievement ribbon;
(H)
(VIII)
joint staff service ribbon;
(I)
(IX)
state partnership service ribbon;
(J)
(X)
service ribbon;
(K)
(XI)
military funeral honors service ribbon;
(L)
(XII)
emergency service ribbon; or
(M)
(XIII)
recruiting ribbon;
(xi)
(K)
any ribbon, button, or rosette for a decoration, medal, or badge described 
in Subsections 
(1)(b)(i)
 through 
(x)
(1)(a)(ii)(A) through (J)
; or
(xii)
(L)
an imitation of a decoration, medal, badge, ribbon, button, or rosette 
described in Subsections 
(1)(b)(i)
 through 
(xi)
(1)(a)(ii)(A) through (K)
.
(b)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
Any person who
An actor commits false representation of the military if the actor:
(a)
intentionally makes a false representation, verbally or in writing, that the 
person
actor
 has been awarded a service medal
 is guilty of an infraction.
;
(3)
(b)
(i)
Any person who wears, 
purchases, attempts to purchase, solicits for 
purchase, mails, ships, imports, exports, produces blank certificates of receipt for, 
manufactures, sells, attempts to sell, advertises for sale, trades, barters, or 
exchanges for anything of value a service medal, or 
any
a
 colorable imitation 
thereof, except when authorized by federal law, or under regulations made 
pursuant to federal law, 
of a service medal; and
(ii)
with the intent 
intends 
to defraud
,
 another individual
 or 
with the intent 
to 
falsely represent that the 
person
actor
 or another 
person
individual
 has been 
awarded a service medal
, is guilty of an infraction.
;
(4)
(c)
A person is guilty of an infraction if the person 
wears or uses a 
service 
medal 
of a military related organization:
(a)
(i)
that the 
person
actor
 is not entitled to wear or use; and
(b)
with the intent to
(ii)
with the intention to 
defraud 
another individual 
or 
with the intent 
to falsely 
represent that the 
person
actor
 or another 
person
individual
 has been awarded 
the 
service 
medal
.
; or
(5)
(d)
A person is guilty of an infraction if the person 
uses the name, an officer title, 
an insignia, a ritual, or a ceremony of a military related organization:
(a)
(i)
that the 
person
actor
 is not entitled to use; and
(b)
(ii)
with the intent 
with the intention 
to defraud
,
 or 
with the intent to 
falsely 
represent that the 
person
actor
 or another 
person
individual
 was or is a member, 
representative, or officer of the military related organization.
(3)
A violation of Subsection 
(2)
 is an infraction.
(4)
Subsection 
(2)(b)
 does not apply if the actor is authorized under a federal law or a 
federal regulation to undertake the conduct described.
Section 257, Section 
76-9-802
 is amended to read:
8. Criminal Gang Related Offenses
76-9-802
. Definitions.
As used in this part:
(1)
"Criminal street gang" means an organization, association in fact, or group of three or 
more 
persons
individuals
, whether operated formally or informally:
(a)
that is currently in operation;
(b)
that has as one of 
its
the organization's, association's, or group's
 primary activities 
the commission of one or more predicate gang crimes;
(c)
that has, as a group, an identifying name or identifying sign or symbol, or both; and
(d)
whose members, acting individually or in concert with other members, engage in or 
have engaged in a pattern of criminal gang activity.
(2)
"Intimidate" means the use of force, duress, violence, coercion, menace, or threat of 
harm for the purpose of causing an individual to act or refrain from acting.
(2)
"Gang loitering" means an individual remains in one place under circumstances that 
would cause a reasonable person to believe that the purpose or effect of that behavior is 
to enable or facilitate a criminal street gang to:
(a)
establish control over one or more identifiable areas;
(b)
intimidate other individuals from entering those areas; or
(c)
conceal illegal activities.
(3)
"Intimidate" means the use of force, duress, violence, coercion, menace, or threat of 
harm for the purpose of causing an individual to act or refrain from acting.
(3)
(4)
"Minor" means 
a person
an individual
 younger than 18 years old.
(4)
(5)
"Pattern of criminal gang activity" means:
(a)
committing, attempting to commit, conspiring to commit, or soliciting the 
commission of two or more predicate gang crimes within five years;
(b)
the predicate gang crimes are:
(i)
committed by two or more persons; or
(ii)
committed by an individual at the direction of, or in association with
,
 a criminal 
street gang; and
(c)
the criminal activity was committed with the specific intent to promote, further, or 
assist in any criminal conduct by members of the criminal street gang.
(5)
(6)
(a)
"Predicate gang crime" means any of the following offenses:
(i)
Title 41, Chapter 1a, Motor Vehicle Act:
(A)
Section 
41-1a-1313
, regarding possession of a motor vehicle without an 
identification number;
(B)
Section 
41-1a-1315
, regarding false evidence of title and registration;
(C)
Section 
41-1a-1316
, regarding receiving or transferring stolen vehicles;
(D)
Section 
41-1a-1317
, regarding selling or buying a motor vehicle without an 
identification number; or
(E)
Section 
41-1a-1318
, regarding the fraudulent alteration of an identification 
number;
(ii)
any criminal violation of the following provisions:
(A)
Title 58, Chapter 37, Utah Controlled Substances Act;
(B)
Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
(C)
Title 58, Chapter 37b, Imitation Controlled Substances Act; or
(D)
Title 58, Chapter 37c, Utah Controlled Substance Precursor Act;
(iii)
Sections
assault as described in Section
76-5-102
 through
;
(iv)
aggravated assault by prisoner as described in Section
76-5-103.5
, which 
address assault offenses
;
(iv)
Title 76, 
(v)
an offense described in 
Chapter 5, Part 2, Criminal Homicide;
(v)
Sections 
(vi)
kidnapping as described in Section 
76-5-301
 through 
76-5-304
, which address 
kidnapping and related offenses
;
(vii)
child kidnapping as described in Section 
76-5-301.1
;
(viii)
parental kidnapping as described in Section 
76-5-301.2
;
(ix)
aggravated kidnapping as described in Section 
76-5-302
;
(x)
custodial interference as described in Section 
76-5-303
;
(xi)
unlawful detention and unlawful detention of a minor as described in Section 
76-5-304
;
(vi)
(xii)
a felony offense 
under Title 76,
described in
 Chapter 5, Part 4, Sexual 
Offenses
, except Section 
76-5-417
, 
76-5-418
, 
76-5-419
, or 
76-5-420
;
(vii)
(xiii)
Title 76,
an offense described in
 Chapter 6, Part 1, Property Destruction;
(viii)
(xiv)
Title 76,
an offense described in
 Chapter 6, Part 2, Burglary and 
Criminal Trespass;
(ix)
(xv)
Title 76,
an offense described in
 Chapter 6, Part 3, Robbery;
(x)
(xvi)
a felony offense 
under Title 76,
described in
 Chapter 6, Part 4, Theft, or 
under Title 76, Chapter 6, Part 6, Retail Theft, except Sections 
76-6-404.5
, 
76-6-405
, 
76-6-407
, 
76-6-408
, 
76-6-409
, 
76-6-409.1
, 
76-6-409.3
, 
76-6-409.6
, 
76-6-409.7
, 
76-6-409.8
, 
76-6-409.9
, 
76-6-410
, and 
76-6-410.5
;
(xi)
(xvii)
Title 76,
an offense described in
 Chapter 6, Part 5, Fraud, 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
;
(xii)
(xviii)
Title 76,
an offense described in
 Chapter 6, Part 11, Identity Fraud Act;
(xiii)
(xix)
Title 76,
an offense described in
 Chapter 8, Part 3, Obstructing 
Governmental Operations, except Sections 
76-8-302
, 
76-8-303
, 
76-8-307
, 
76-8-308
, and 
76-8-312
;
(xiv)
(xx)
tampering with a witness 
under
as described in
 Section 
76-8-508
;
(xv)
(xxi)
retaliation against a witness, victim, or informant 
under
as described in
Section 
76-8-509.3
;
(xvi)
(xxii)
receiving or soliciting a bribe as a witness 
under
as described in
 Section 
76-8-508.7
;
(xvii)
(xxiii)
extortion or bribery to dismiss a criminal proceeding 
under
as 
described in
 Section 
76-8-509
;
(xviii)
(xxiv)
a misdemeanor violation of disorderly conduct 
under
as described in
Section 
76-9-102
, if the violation occurs at an official meeting;
(xxv)
an offense described in Chapter 9, Part 15, Criminal Offenses Relating to Bus 
Passenger Safety;
(xxvi)
an offense described in Chapter 9, Part 16, Money Laundering and Currency 
Transaction Reporting;
(xxvii)
an offense described in Chapter 11, Weapons;
(xxviii)
an offense described in Chapter 15, Part 2, Explosives; or
(xxix)
an offense described in Chapter 17, Part 4, Offenses Concerning Patterns of 
Unlawful Activity.
(xix)
Title 76, Chapter 10, Part 3, Explosives;
(xx)
Title 76, Chapter 10, Part 5, Weapons;
(xxi)
Title 76, Chapter 10, Part 15, Bus Passenger Safety Act;
(xxii)
Title 76, Chapter 10, Part 16, Pattern of Unlawful Activity Act;
(xxiii)
communications fraud under Section 
76-10-1801
;
(xxiv)
Title 76, Chapter 10, Part 19, Money Laundering and Currency Transaction 
Reporting Act; or
(xxv)
burglary of a research facility under Section 
76-10-2002
.
(b)
"Predicate gang crime" 
also 
includes:
(i)
any
a
 state or federal criminal offense that by 
its
the offense's
 nature involves a 
substantial risk that physical force may be used against another 
individual 
in the 
course of committing the offense; and
(ii)
any
a
 felony violation of a criminal statute of 
any other
another
 state, the 
United States, or 
any
a
 district, possession, or territory of the United States which 
would constitute a violation of any offense in Subsection 
(4)(a) 
(6)(a) 
if 
committed in this state.
(7)
(a)
"Public place" means any location or structure that the public or a substantial 
group of the public has access to.
(b)
"Public place" includes:
(i)
a sidewalk, street, or highway;
(ii)
a public park, public recreation facility, or any other area open to the public;
(iii)
a shopping mall, sports facility, stadium, arena, theater, movie house, or 
playhouse;
(iv)
a parking lot or structure adjacent to a shopping mall, sports facility, stadium, 
arena, theater, movie house, or playhouse;
(v)
a common area of a school, hospital, apartment building, office building, 
transport facility, or a business; and
(vi)
a lobby, hallway, elevator, restaurant or other dining area, or restroom of a 
location or structure described in Subsections 
(7)(b)
(i) through (v).
Section 258, Section 
76-9-803
 is amended to read:
76-9-803
. Soliciting, recruiting, enticing, or intimidating a minor to join a 
criminal street gang.
(1)
Terms defined in Sections 
76-1-101.5
 and 
76-9-802
 apply to this section.
(1)
(2)
It is a class B misdemeanor to
An actor commits soliciting, recruiting, enticing, or 
intimidating a minor to join a criminal street gang if the actor
:
(a)
solicit, recruit, entice, or intimidate
solicits, recruits, entices, or intimidates
 a minor 
to join a criminal street gang
, whether or not the minor actually joins the criminal 
street gang
;
(b)
conspire
conspires
 to commit 
any
an
 act 
under
described in
 Subsection 
(1)(a)
(2)(a)
 with the intent to cause a minor to join a criminal street gang; or
(c)
use
uses
 intimidation to prevent
,
 or attempt to prevent
,
 a minor from leaving a 
criminal street gang or ending the minor's affiliation with a criminal street gang.
(3)
A violation of Subsection 
(2)
 is a class B misdemeanor.
(2)
It is a class A misdemeanor for any person who is a member of or actively involved 
with a criminal street gang to:
(a)
intimidate or otherwise cause a minor to commit or attempt to commit any 
misdemeanor criminal offense; or
(b)
commit a violation of Subsection 
(1)(a)
:
(i)
more than once;
(ii)
regarding the same minor; and
(iii)
within a period of 180 days.
(3)
Prosecution for any offense under this section does not prohibit prosecution for any 
other criminal offense.
(4)
It is not a defense to a prosecution under Subsection 
(2)(a)
 that the minor did not join 
the criminal street gang.
Section 259, Section 
76-9-803.5
 is enacted to read:
76-9-803.5
. Soliciting, recruiting, enticing, or intimidating a minor to join a 
criminal street gang by a gang member.
(1)
Terms defined in Sections 
76-1-101.5
 and 
76-9-802
 apply to this section.
(2)
An actor commits soliciting, recruiting, enticing, or intimidating a minor to join a 
criminal street gang by a gang member if the actor:
(a)
is a member of, or actively involved with, a criminal street gang; and
(b)
solicits, recruits, entices, or intimidates a specific minor to join a criminal street gang 
more than once within a period of 180 days.
(3)
A violation of Subsection 
(2)
 is a class A misdemeanor.
(4)
It is not a defense to a prosecution under this section that the minor described in 
Subsection 
(2)
 did not join a criminal street gang.
Section 260, Section 
76-9-803.6
 is enacted to read:
76-9-803.6
. Intimidating or causing a minor to commit a misdemeanor by a gang 
member.
(1)
Terms defined in Sections 
76-1-101.5
 and 
76-9-802
 apply to this section.
(2)
An actor commits intimidating or causing a minor to commit a misdemeanor by a gang 
member if the actor:
(a)
is a member of, or actively involved with, a criminal street gang; and
(b)
intimidates or otherwise causes a minor to commit or attempt to commit a 
misdemeanor criminal offense.
(3)
A violation of Subsection 
(2)
 is a class A misdemeanor.
Section 261, Section 
76-9-804
 is amended to read:
76-9-804
. Possession of a dangerous weapon by a convicted criminal gang 
offender.
(1)
(a)
As used in this section, "dangerous weapon" means the same as that term is 
defined in Sections 
76-1-101.5
 and 
76-11-101
.
(b)
Terms defined in Sections 
76-1-101.5
 and 
76-9-802
 apply to this section.
(1)
A person who has been convicted of a crime for which the penalty was enhanced under 
Section 
76-3-203.1
 may not, except where a greater penalty is applicable under this title, 
(2)
An actor commits possession of a dangerous weapon by a convicted criminal gang 
offender if:
(a)
the actor 
possess a dangerous weapon
 as defined in either Section 
76-1-101.5
 or 
76-10-501
, ammunition, or a facsimile of a firearm
; and
(b)
the actor's possession described in Subsection 
(2)(a)
 occurs 
within five years 
after 
the conviction
after the day on which the actor was convicted of an offense that was 
enhanced under Section 
76-3-203.1
.
(2)
(3)
A violation of Subsection 
(1)
(2)
 is a class A misdemeanor.
Section 262, Section 
76-9-805
, which is renumbered from Section 76-9-904 is renumbered 
and amended to read:
76-9-904
76-9-805
. Failure to disperse.
(1)
(a)
Failure to comply with an order issued under Subsection 
76-9-903(1)(b)
 to 
disperse is a class B misdemeanor of failure to disperse.
(b)
Any second and subsequent violation of Subsection 
(1)(a)
 is a class B misdemeanor 
of failure to disperse and is subject to a fine of not less than $100, unless the court 
finds mitigating circumstances justifying a lesser punishment and makes that finding 
a part of the court record.
(2)
(a)
A person is guilty of a class B misdemeanor of subsequent failure to disperse 
who:
(i)
is present in a public place with or as part of a group of two or more persons, and 
that group includes one or more persons a peace officer reasonably believes to be 
a member of a criminal street gang; and
(ii)
is within sight or hearing of a location where a law enforcement officer issued an 
order to the person to disperse under Section 
76-9-903
 within the prior eight hours.
(b)
A violation of Subsection 
(2)(a)
 is subject to a fine of not less than $100, unless the 
court finds mitigating circumstances justifying a lesser punishment and makes that 
finding a part of the court record.
(1)
Terms defined in Sections 
76-1-101.5
 and 
76-9-802
 apply to this section.
(2)
An actor commits failure to disperse if the actor:
(a)
is in a place designated as an area where gang loitering is prohibited under Section 
11-48-104
;
(b)
is ordered by a law enforcement officer under Section 
53-25-602
 to disperse from 
within sight and hearing of the location described in Subsection (2)(a); and
(c)
(i)
fails to disperse as ordered in Subsection (2)(b); or
(ii)
disperses and then returns to the location within the next eight hours after 
receiving the order to disperse under Subsection 
(2)(b)
.
(3)
(a)
Subject to Subsection (3)(b), a violation of Subsection (2) is a class B 
misdemeanor.
(b)
In addition to the punishment described in Subsection (3)(a), a subsequent violation 
of Subsection (2) is subject to a fine of not less than $100.
(4)
A court may sentence an actor under Subsection (3)(b) with a lesser punishment if the 
court, on the record, finds that mitigating circumstances justify the lesser punishment.
(5)
This section does not affect or limit an actor's constitutional right to engage in collective 
advocacy activities that are protected by the constitution or laws of this state or by the 
constitution or laws of the United States.
Section 263, Section 
76-9-1101
, which is renumbered from Section 76-10-101 is renumbered 
and amended to read:
11. Cigarettes, Tobacco, and Psychotoxic Chemical Solvents 
76-10-101
76-9-1101
. Definitions.
As used in this part:
(1)
(a)
"Alternative nicotine product" means a product, other than a cigarette, a 
counterfeit cigarette, an electronic cigarette product, a nontherapeutic nicotine 
product, or a tobacco product, that:
(i)
contains nicotine;
(ii)
is intended for human consumption;
(iii)
is not purchased with a prescription from a licensed physician; and
(iv)
is not approved by the United States Food and Drug Administration as nicotine 
replacement therapy.
(b)
"Alternative nicotine product" includes:
(i)
pure nicotine;
(ii)
snortable nicotine;
(iii)
dissolvable salts, orbs, pellets, sticks, or strips; and
(iv)
nicotine-laced food and beverage.
(c)
"Alternative nicotine product" does not include a fruit, a vegetable, or a tea that 
contains naturally occurring nicotine.
(2)
"Cigar" means a product that contains nicotine, is intended to be burned under ordinary 
conditions of use, and consists of any roll of tobacco wrapped in leaf tobacco, or in any 
substance containing tobacco, other than any roll of tobacco that is a cigarette.
(3)
"Cigarette" means a product that contains nicotine, is intended to be heated or burned 
under ordinary conditions of use, and consists of:
(a)
any roll of tobacco wrapped in paper or in any substance not containing tobacco; or
(b)
any roll of tobacco wrapped in any substance containing tobacco which, because of 
its appearance, the type of tobacco used in the filler, or its packaging and labeling, is 
likely to be offered to, or purchased by, consumers as a cigarette described in 
Subsection (3)(a).
(4)
(a)
"Electronic cigarette" means:
(i)
any
an
 electronic oral device:
(A)
that provides an aerosol or a vapor of nicotine or other substance; and
(B)
which
that
 simulates smoking through the use or inhalation of the device;
(ii)
a component of the device described in Subsection (4)(a)(i); or
(iii)
an accessory sold in the same package as the device described in Subsection 
(4)(a)(i).
(b)
"Electronic cigarette" includes an oral device that is:
(i)
composed of a heating element, battery, or electronic circuit; and
(ii)
marketed, manufactured, distributed, or sold as:
(A)
an e-cigarette;
(B)
an e-cigar;
(C)
an e-pipe; or
(D)
any other product name or descriptor, if the function of the product meets the 
definition of Subsection (4)(a).
(c)
"Electronic cigarette" does not mean a medical cannabis device, as that term is 
defined in Section 
26B-4-201
.
(5)
"Electronic cigarette product" means an electronic cigarette, an electronic cigarette 
substance, or a prefilled electronic cigarette.
(6)
"Electronic cigarette substance" means any substance, including liquid containing 
nicotine, used or intended for use in an electronic cigarette.
(7)
(a)
"Flavored electronic cigarette product" means an electronic cigarette product that 
has a taste or smell that is distinguishable by an ordinary consumer either before or 
during use or consumption of the electronic cigarette product.
(b)
"Flavored electronic cigarette product" includes an electronic cigarette product that is 
labeled as, or has a taste or smell of any fruit, chocolate, vanilla, honey, candy, 
cocoa, dessert, alcoholic beverage, herb, spice, or mint.
(c)
"Flavored electronic cigarette product" does not include an electronic cigarette 
product that
has a taste or smell of only tobacco or menthol.
(8)
"Nicotine" means a poisonous, nitrogen containing chemical that is made synthetically 
or derived from tobacco or other plants.
(9)
"Nicotine product" means an alternative nicotine product or a nontherapeutic nicotine 
product.
(10)
(a)
"Nontherapeutic nicotine device" means a device that:
(i)
has a pressurized canister that is used to administer nicotine to the user through 
inhalation or intranasally;
(ii)
is not purchased with a prescription from a licensed physician; and
(iii)
is not approved by the United States Food and Drug Administration as nicotine 
replacement therapy.
(b)
"Nontherapeutic nicotine device" includes a nontherapeutic nicotine inhaler or a 
nontherapeutic nicotine nasal spray.
(11)
"Nontherapeutic nicotine device substance" means a substance that:
(a)
contains nicotine;
(b)
is sold in a cartridge for use in a nontherapeutic nicotine device;
(c)
is not purchased with a prescription from a licensed physician; and
(d)
is not approved by the United States Food and Drug Administration as nicotine 
replacement therapy.
(12)
"Nontherapeutic nicotine product" means a nontherapeutic nicotine device, a 
nontherapeutic nicotine device substance, or a prefilled nontherapeutic nicotine device.
(13)
"Place of business" includes:
(a)
a shop;
(b)
a store;
(c)
a factory;
(d)
a public garage;
(e)
an office;
(f)
a theater;
(g)
a recreation hall;
(h)
a dance hall;
(i)
a poolroom;
(j)
a cafe;
(k)
a cafeteria;
(l)
a cabaret;
(m)
a restaurant;
(n)
a hotel;
(o)
a lodging house;
(p)
a streetcar;
(q)
a bus;
(r)
an interurban or railway passenger coach;
(s)
a waiting room; and
(t)
any other place of business.
(14)
"Prefilled electronic cigarette" means an electronic cigarette that is sold prefilled with 
an electronic cigarette substance.
(15)
"Prefilled nontherapeutic nicotine device" means a nontherapeutic nicotine device that 
is sold prefilled with a nontherapeutic nicotine device substance.
(16)
"Premarket authorized or pending electronic cigarette product" means an electronic 
cigarette product that:
(a)
(i)
has been approved by an order granting a premarket tobacco product 
application of the electronic cigarette product by the United States Food and Drug 
Administration under 21 U.S.C. Sec. 387j(c)(1)(A)(i); or
(ii)
(A)
was marketed in the United States on or before August 8, 2016;
(B)
the manufacturer submitted a premarket tobacco product application for the 
electronic cigarette product to the United States Food and Drug Administration 
under 21 U.S.C. Sec. 387j on or before September 9, 2020; and
(C)
has an application described in Subsection 
(16)(a)(ii)
 that either remains under 
review by the United States Food and Drug Administration or a final decision 
on the application has not taken effect; and
(b)
does not exceed:
(i)
4.0% nicotine by weight per container; or
(ii)
a nicotine concentration of 40 milligrams per milliliter.
(17)
"Retail tobacco specialty business" means the same as that term is defined in Section 
26B-7-501
.
(18)
"Smoking" means the possession of any lighted cigar, cigarette, pipe, or other lighted 
smoking equipment.
(19)
(a)
"Tobacco paraphernalia" means equipment, product, or material of any kind that 
is used, intended for use, or designed for use to package, repackage, store, contain, 
conceal, ingest, inhale, or otherwise introduce a tobacco product, an electronic 
cigarette substance, or a nontherapeutic nicotine device substance into the human 
body.
(b)
"Tobacco paraphernalia" includes:
(i)
metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without 
screens, permanent screens, hashish heads, or punctured metal bowls;
(ii)
water pipes;
(iii)
carburetion tubes and devices;
(iv)
smoking and carburetion masks;
(v)
roach clips, meaning objects used to hold burning material, such as a cigarette, 
that has become too small or too short to be held in the hand;
(vi)
chamber pipes;
(vii)
carburetor pipes;
(viii)
electric pipes;
(ix)
air-driven pipes;
(x)
chillums;
(xi)
bongs; and
(xii)
ice pipes or chillers.
(c)
"Tobacco paraphernalia" does not include matches or lighters.
(20)
"Tobacco product" means:
(a)
a cigar;
(b)
a cigarette; or
(c)
tobacco in any form, including:
(i)
chewing tobacco; and
(ii)
any substitute for tobacco, including flavoring or additives to tobacco.
(21)
"Tobacco retailer" means:
(a)
a general tobacco retailer, as that term is defined in Section 
26B-7-501
; or
(b)
a retail tobacco specialty business.
Section 264, Section 
76-9-1102
, which is renumbered from Section 76-10-102 is renumbered 
and amended to read:
76-10-102
76-9-1102
. Cigarette or tobacco advertising violation.
(1)
Terms defined in Sections 
76-1-101.5
 and 
76-9-1101
 apply to this section.
(2)
It is a class B misdemeanor for any person to display
Except as provided in Subsection 
(4), an actor commits cigarette or tobacco advertising violation if the actor displays
 on 
any
a
 billboard, streetcar sign, streetcar, bus, placard, or on any other object or place of 
display, 
any
an
 advertisement of cigarettes, cigarette papers, cigars, chewing tobacco, 
or smoking tobacco or any disguise or substitute of 
either, except that a dealer in 
cigarettes, cigarette papers, tobacco or cigars, or their substitutes, may have a sign on the 
front of his place of business stating that he is a dealer in the articles; provided that 
nothing herein shall be construed to prohibit the advertising of cigarettes, cigarette 
papers, chewing tobacco or smoking tobacco, or any substitute of either, in any 
newspaper, magazine or periodical printed or circulating in this state.
cigarettes, 
cigarette papers, tobacco, or cigars.
(3)
A violation of Subsection 
(2)
 is a class B misdemeanor.
(4)
(a)
A dealer of cigarettes, cigarette papers, tobacco, cigars, or a substitute for 
cigarettes, cigarette papers, tobacco, or cigars may have a sign on the front of the 
dealer's place of business stating that the dealer is a dealer of cigarettes, cigarette 
papers, tobacco, cigars, or a substitute for cigarettes, cigarette papers, tobacco, or 
cigars.
(b)
This section does not prohibit the advertisement of an item listed in Subsection 
(4)(a)
in a newspaper, magazine or periodical printed or circulating in this state.
(2)
Any advertisement for smokeless tobacco placed in a newspaper, magazine, or 
periodical published in this state must bear a warning which states: "Use of smokeless 
tobacco may cause oral cancer and other mouth disorders and is addictive." This 
warning must be in a conspicuous location and in conspicuous and legible type, in 
contrast with the typography, layout, and color of all other printed material in the 
advertisement. For purposes of this subsection, "smokeless tobacco" means any finely 
cut, ground, powdered, or leaf tobacco that is intended to be placed in the oral cavity or 
nasal passage. In the event the United States Congress passes legislation which requires 
warnings in advertisements of smokeless tobacco, the specific language required to be 
placed in advertisements by that legislation shall take precedence over this subsection.
Section 265, Section 
76-9-1103
, which is renumbered from Section 76-10-103 is renumbered 
and amended to read:
76-10-103
76-9-1103
. Permitting a minor to use a tobacco product, electronic 
cigarette product, or nicotine product in a place of business.
(1)
Terms defined in Sections 
76-1-101.5
 and 
76-9-1101
 apply to this section.
(2)
An actor commits permitting a minor to use a tobacco product, electronic cigarette 
product, or nicotine product in a place of business if the actor:
(a)
is a proprietor of a place of business; and
(b)
It is a class C misdemeanor for the proprietor of any place of business to 
knowingly permit 
knowingly permits 
an individual under 21 years old to frequent 
a
the actor's
 place of business while the individual is using a tobacco product, an 
electronic cigarette product, or a nicotine product.
(3)
A violation of Subsection 
(2)
 is a class C misdemeanor.
Section 266, Section 
76-9-1104
, which is renumbered from Section 76-10-104 is renumbered 
and amended to read:
76-10-104
76-9-1104
. Providing a cigar, a cigarette, an electronic cigarette 
product, a nicotine product, or tobacco to a minor.
(1)
(a)
As used in this section
,
 "provides":
(a)
(i)
includes selling, giving, furnishing, sending, or causing to be sent; and
(b)
(ii)
does not include the acts
:
(A)
of the United States Postal Service or other common carrier when engaged in 
the business of transporting and delivering packages for others
 or the acts
; or
(B)
of a person, whether compensated or not, who transports or delivers a package 
for another person without any reason to know of the package's content.
(b)
Terms defined in Sections 
76-1-101.5
 and 
76-9-1101
 apply to this section.
(2)
An individual who
Except as provided in Subsection (4), an actor commits providing a 
cigar, cigarette, electronic cigarette product, nicotine product, or tobacco to a minor if 
the actor
 knowingly, intentionally, recklessly, or with criminal negligence provides a 
tobacco product, an electronic cigarette product, or a nicotine product to an individual 
who is under 21 years old
, is guilty of:
.
(a)
a class C misdemeanor on the first offense;
(b)
a class B misdemeanor on the second offense; and
(c)
a class A misdemeanor on any subsequent offense.
(3)
A violation of Subsection 
(2)
 is:
(a)
a class C misdemeanor on the first offense;
(b)
a class B misdemeanor on the second offense; or
(c)
a class A misdemeanor on the third or subsequent offense.
(3)
(4)
This section does not apply to conduct of an employee of a tobacco retailer that is a 
violation of Section 
76-10-114
76-9-1116
.
Section 267, Section 
76-9-1105
, which is renumbered from Section 76-10-104.1 is renumbered 
and amended to read:
76-10-104.1
76-9-1105
. Providing tobacco paraphernalia to a minor.
(1)
(a)
As used in this section, "provides"
:
 means the same as that term is defined in 
Section 
76-9-1104
.
(a)
includes selling, giving, furnishing, sending, or causing to be sent; and
(b)
does not include the acts of the United States Postal Service or other common 
carrier when engaged in the business of transporting and delivering packages for 
others or the acts of a person, whether compensated or not, who transports or delivers 
a package for another person without any reason to know of the package's content.
(b)
Terms defined in Sections 
76-1-101.5
 and 
76-9-1101
 apply to this section.
(2)
(a)
It is unlawful for an individual to 
An actor commits providing tobacco 
paraphernalia to a minor if the actor 
knowingly, intentionally, recklessly, or with 
criminal negligence provide tobacco paraphernalia to an individual under 21 years 
old.
(b)
An individual who violates this section is guilty of:
(3)
A violation of Subsection 
(2)
 is:
(i)
(a)
a class C misdemeanor on the first offense; 
and
or
(ii)
(b)
a class B misdemeanor on 
any
a
 subsequent offense.
Section 268, Section 
76-9-1106
, which is renumbered from Section 76-10-105 is renumbered 
and amended to read:
76-10-105
76-9-1106
. Buying or possessing a tobacco product or an electronic 
cigarette product by a minor.
(1)
An individual who is 18 years old or older, but
Terms defined in Sections 
76-1-101.5
and 
76-9-1101
 apply to this section.
(2)
An actor commits buying or possessing a tobacco product or an electronic cigarette 
product by a minor if the actor:
(a)
is 
younger than 21 years old
, and who
; and
(b)
buys or attempts to buy, accepts, or has in the 
individual's
actor's
 possession a 
tobacco product, an electronic cigarette product, or a nicotine product
 is:
.
(a)
guilty of an infraction; and
(b)
subject to:
(i)
a minimum fine or penalty of $60; and
(ii)
participation in a court-approved tobacco education or cessation program, which 
may include a participation fee.
(2)
(3)
(a)
If the actor is 18 years old or older but younger than 21 years old, a violation 
of Subsection 
(2)
 is:
(i)
an infraction; and
(ii)
subject to:
(A)
a minimum fine or penalty of $60; and
(B)
participation in a court-approved tobacco education or cessation program, 
which may include a participation fee.
(b)
An individual who is under 18 years old and who buys or attempts to buy, accepts, 
or has in the individual's possession a tobacco product, an electronic cigarette 
product, or a nicotine product is subject to 
If the actor is under 18 years old, a 
violation of Subsection 
(2)
 is 
a citation under Section 
80-6-302
, unless the violation 
is committed on school property under Section 
53G-8-211
.
(b)
(c)
If a violation under this section is adjudicated under Section 
80-6-701
, the minor 
may be subject to the following:
(i)
a fine or penalty, in accordance with Section 
80-6-709
; and
(ii)
participation in a court-approved tobacco education program, which may include 
a participation fee.
(3)
(4)
(a)
A compliance officer appointed by a board of education under Section 
53G-4-402
 may not issue a citation for a violation of this section committed on 
school property.
(b)
A cited violation committed on school property shall be addressed in accordance 
with Section 
53G-8-211
.
Section 269, Section 
76-9-1107
, which is renumbered from Section 76-10-105.1 is renumbered 
and amended to read:
76-10-105.1
76-9-1107
. Illegal indirect sale of a tobacco product, an electronic 
cigarette product, or a nicotine product.
(1)
(a)
As used in this section:
(a)
(i)
(i)
(A)
"Face-to-face exchange" means a transaction made in person 
between an individual and a retailer or retailer's employee.
(ii)
(B)
"Face-to-face exchange" does not include a sale through a
:
 vending 
machine or a self-service display.
(A)
vending machine; or
(B)
self-service display.
(b)
(ii)
"Retailer" means a person who:
(i)
(A)
sells a tobacco product, an electronic cigarette product, or a nicotine 
product to an individual for personal consumption; or
(ii)
(B)
operates a facility with a vending machine that sells a tobacco product, an 
electronic cigarette product, or a nicotine product.
(c)
(iii)
"Self-service display" means a display of a tobacco product, an electronic 
cigarette product, or a nicotine product to which the public has access without the 
intervention of a retailer or retailer's employee.
(b)
Terms defined in Sections 
76-1-101.5
 and 
76-9-1101
 apply to this section.
(2)
Except as provided in Subsection 
(3)
, a retailer may sell 
(4), an actor commits illegal 
indirect sale of a tobacco product, an electronic cigarette product, or a nicotine product if 
the actor:
(a)
is a retailer; and
(b)
sells 
a tobacco product, an electronic cigarette product, or a nicotine product
 only
in a
 manner that does not include a
 face-to-face exchange.
(3)
A violation of Subsection 
(2)
 is:
(a)
a class C misdemeanor on the first offense;
(b)
a class B misdemeanor on the second offense; or
(c)
a class A misdemeanor on the third or subsequent offense.
(3)
(4)
The face-to-face sale requirement in Subsection 
(2)
 does not apply to:
(a)
a mail-order, telephone, or Internet sale made in compliance with Section 
59-14-509
;
(b)
a sale from a vending machine or self-service display that is located in an area of a 
retailer's facility:
(i)
that is distinct and separate from the rest of the facility; and
(ii)
where the retailer only allows an individual 
who complies with Subsection 
(4)
 to 
be present
who is under 21 years old to be present if the individual:
(A)
is accompanied by the actor's parent or legal guardian
; or
(B)
(I)
is present solely for the purpose of providing a service to the business, 
including making a delivery;
(II)
is monitored by the proprietor business or an employee of the business; and
(III)
is not permitted to make any purchase or conduct any commercial 
transaction other than the service described in Subsection (4)(b)(ii)(B)(II); or
(c)
a sale at a retail tobacco specialty business.
(4)
An individual who is under 21 years old may not enter or be present at a retail tobacco 
specialty business unless the individual is:
(a)
accompanied by a parent or legal guardian; or
(b)
(i)
present at the retail tobacco specialty business solely for the purpose of 
providing a service to the retail tobacco specialty business, including making a 
delivery;
(ii)
monitored by the proprietor of the retail tobacco specialty business or an 
employee of the retail tobacco specialty business; and
(iii)
not permitted to make any purchase or conduct any commercial transaction 
other than the service described in Subsection 
(4)(b)(i)
.
(5)
(a)
A
An individual's
 parent or legal guardian who accompanies
, under Subsection 
(4)(a)
,
 an individual into an area described in Subsection 
(3)(b)
 or into a retail 
tobacco specialty business
(4)(b)(ii)(A)
 may not allow the individual to purchase a 
tobacco product, an electronic cigarette product, or a nicotine product.
(b)
A violation of Subsection 
(5)
(a) is an offense under Section 
76-9-1104
.
(6)
A violation of Subsection 
(2)
 or 
(4)
 is a:
(a)
class C misdemeanor on the first offense;
(b)
class B misdemeanor on the second offense; and
(c)
class A misdemeanor on any subsequent offenses.
(7)
An individual who violates Subsection 
(5)
 is guilty of an offense under Section 
76-10-104
.
Section 270, Section 
76-9-1108
 is enacted to read:
76-9-1108
. Illegal presence of a minor inside a tobacco specialty business.
(1)
(a)
As used in this section, "self-service display" means the same as that term is 
defined in Section 
76-9-1107
.
(b)
Terms defined in Sections 
76-1-101.5
 and 
76-9-1101
 apply to this section.
(2)
Except as provided in Subsection 
(4)
, an actor commits illegal presence of a minor 
inside a tobacco specialty business if the actor:
(a)
is under 21 years old; and
(b)
enters or is present inside a retail tobacco specialty business.
(3)
A violation of Subsection 
(2)
 is:
(a)
a class C misdemeanor on the first offense;
(b)
a class B misdemeanor on the second offense; or
(c)
a class A misdemeanor on the third or subsequent offense.
(4)
An actor under 21 years old may enter or be present inside a tobacco specialty business 
if the actor is:
(a)
accompanied by the actor's parent or legal guardian; or
(b)
(i)
present at the retail tobacco specialty business solely for the purpose of 
providing a service to the tobacco retail specialty business, including making a 
delivery;
(ii)
monitored by the proprietor of the retail tobacco specialty business or an 
employee of the retail tobacco specialty business; and
(iii)
not permitted to make any purchase or conduct any commercial transaction other 
than the service described in Subsection 
(4)(b)(i)
.
(5)
(a)
An individual's parent or legal guardian who accompanies an individual under 
Subsection 
(4)
(a) inside a tobacco specialty business may not allow the individual to 
purchase a tobacco product, an electronic cigarette product, or a nicotine product.
(b)
A violation of Subsection 
(5)(a)
 is an offense under Section 
76-9-1104
.
Section 271, Section 
76-9-1109
, which is renumbered from Section 76-10-105.3 is renumbered 
and amended to read:
76-10-105.3
76-9-1109
. Illegal sale or gift of clove cigarette.
(1)
(a)
As used in this section, "clove cigarette" means a cigarette that contains more than 
10%, by weight, of raw eugenia caryophyllata or caryophyllus, commonly known as 
clove.
(b)
Terms defined in Sections 
76-1-101.5
 and 
76-9-1101
 apply to this section.
(2)
It is unlawful for any person to knowingly sell, offer for sale, give or furnish any 
clove cigarette in this state. For purposes of this section "clove cigarette" means any 
cigarette which contains more than 10%, by weight, of raw eugenia caryophyllata or 
caryophyllus, commonly known as clove. Any person who violates this section is guilty 
of 
An actor commits illegal sale or gift of clove cigarette if the actor knowingly sells, 
offers for sale, gives, or furnishes a clove cigarette in this state.
(3)
A violation of Subsection 
(2)
 is 
a class B misdemeanor.
Section 272, Section 
76-9-1110
, which is renumbered from Section 76-10-107 is renumbered 
and amended to read:
76-10-107
76-9-1110
. Abuse of psychotoxic chemical solvent.
(1)
(a)
As used in this section, "psychotoxic chemical solvent" includes any glue, cement, 
or other substance containing one or more of the following chemical compounds:
(i)
 acetone and acetate;
(ii)
amyl nitrite or amyl nitrate or their isomers;
(iii)
benzene, butyl alcohol, butyl nitrite, butyl nitrate, or their isomers;
(iv)
ethyl alcohol, ethyl nitrite, or ethyl nitrate;
(v)
ethylene dichloride;
(vi)
isobutyl alcohol;
(vii)
methyl alcohol;
(viii)
methyl ethyl ketone;
(ix)
n-propyl alcohol;
(x)
pentachlorophenol;
(xi)
petroleum ether;
(xii)
propyl nitrite or propyl nitrate or their isomers;
(xiii)
toluene;
(xiv)
xylene; or
(xv)
another chemical substance capable of causing a condition of intoxication, 
inebriation, excitement, stupefaction, or the dulling of the brain or nervous system 
as a result of the inhalation of the fumes or vapors of such chemical substance.
(b)
Terms defined in Sections 
76-1-101.5
 and 
76-9-1101
 apply to this section.
(2)
A person is guilty of
Except as provided in Subsection (4), an actor commits
 abuse of 
psychotoxic chemical 
solvents if
solvent if
:
(a)
for the purpose of causing a condition of intoxication, inebriation, excitement, 
stupefaction, or the dulling of 
his
the actor's
 brain or nervous system, 
he
the actor
intentionally:
(i)
smells or inhales the fumes of 
any
a
 psychotoxic chemical solvent; or
(ii)
possesses, purchases, or attempts to possess or purchase 
any
a
 psychotoxic 
chemical solvent; or
(b)
the 
person
actor
 offers, sells, or provides a psychotoxic chemical solvent to another 
person, knowing that other person or a third party intends to possess or use that 
psychotoxic chemical solvent in violation of Subsection 
(1)(a)
.
(2)(a).
(2)
This section does not apply to the prescribed use, distribution, or sale of those 
substances for medical or dental purposes.
(3)
Abuse of psychotoxic chemical solvents
A violation of Subsection (2)
 is a class B 
misdemeanor.
(4)
As used in this section, psychotoxic chemical solvent includes any glue, cement, or 
other substance containing one or more of the following chemical compounds: acetone 
and acetate, amyl nitrite or amyl nitrate or their isomers, benzene, butyl alcohol, butyl 
nitrite, butyl nitrate, or their isomers, ethyl alcohol, ethyl nitrite or ethyl nitrate, ethylene 
dichloride, isobutyl alcohol, methyl alcohol, methyl ethyl ketone, n-propyl alcohol, 
pentachlorophenol, petroleum ether, propyl nitrite or propyl nitrate or their isomers, 
toluene or xylene, or other chemical substance capable of causing a condition of 
intoxication, inebriation, excitement, stupefaction, or the dulling of the brain or nervous 
system as a result of the inhalation of the fumes or vapors of such chemical substance. 
(4)
This section does not apply to:
(a)
the prescribed use, distribution, or sale of a psychotoxic chemical solvent for a 
medical or dental purpose; or
(b)
Nothing in this section shall be construed to include any
a
 controlled substance 
regulated by the provisions of 
Title 58, Chapter 37, Utah Controlled Substances Act
.
Section 273, Section 
76-9-1111
, which is renumbered from Section 76-10-107.5 is renumbered 
and amended to read:
76-10-107.5
76-9-1111
. Abuse of nitrous oxide.
(1)
(a)
As used in this section, "nitrous oxide" means:
(a)
(i)
N2O, a colorless gas or liquid that is also referred to as dinitrogen monoxide, 
nitrogen oxide, or laughing gas; 
and
or
(b)
(ii)
any substance containing nitrous oxide.
(b)
Terms defined in Sections 
76-1-101.5
 and 
76-9-1101
 apply to this section.
(2)
A person is guilty of
Except as provided in Subsection (4), an actor commits
 abuse of 
nitrous oxide 
who
if the actor
:
(a)
possesses nitrous oxide with the intent to breathe, inhale, or ingest 
it
the nitrous 
oxide
 for the purpose of:
(i)
causing a condition of intoxication, elation, euphoria, dizziness, stupefaction, or 
dulling of the senses;
 or
(ii)
in any manner changing, distorting, or disturbing the audio, visual, or mental 
processes;
(b)
knowingly 
and
or
 intentionally is under the influence of nitrous oxide; or
(c)
offers, sells, or provides nitrous oxide to another person, knowing that other person 
or a third party intends to possess or use the nitrous oxide in violation of Subsection 
(2)(a)
 or 
(b)
.
(3)
A violation of Subsection 
(2)
 is a class A misdemeanor.
(3)
(4)
(a)
Subsection 
(2)(b)
 does not apply to any person who is under the influence of 
nitrous oxide pursuant to an administration for the purpose of medical, surgical, or 
dental care by a person holding a license under state law that authorizes the 
administration of nitrous oxide.
(4)
(b)
Subsection 
(2)(c)
 does not apply to any person who
:
(i)
administers nitrous oxide for the purpose of medical, surgical, or dental care
;
and 
(ii)
who 
holds a license under state law that authorizes the administration of nitrous 
oxide.
(5)
A violation of this section is a class A misdemeanor.
Section 274, Section 
76-9-1112
, which is renumbered from Section 76-10-111 is renumbered 
and amended to read:
76-10-111
76-9-1112
. Illegal provision of smokeless tobacco or electronic 
cigarette product -- Exceptions.
(1)
The Legislature finds that:
(a)
smokeless tobacco, or chewing tobacco, is harmful to the health of individuals who 
use those products because research indicates that they may cause mouth or oral 
cancers;
(b)
the use of smokeless tobacco among juveniles in this state is increasing rapidly;
(c)
the use of electronic cigarette products may lead to unhealthy behavior such as the 
use of tobacco products; and
(d)
it is necessary to restrict the gift of the products described in this Subsection 
(1)
 in 
the interest of the health of the citizens of this state.
(1)
Terms defined in Sections 
76-1-101.5
 and 
76-9-1101
 apply to this section.
(2)
(a)
Except as provided in Subsection 
(3)
, it is unlawful for 
(4), an actor commits 
illegal provision of smokeless tobacco or electronic cigarette product if the actor:
(a)
is 
a manufacturer, wholesaler, and retailer 
to:
; and
(b)
(i)
give or distribute 
gives or distributes 
without charge 
any 
smokeless tobacco, 
chewing tobacco, or 
an 
electronic cigarette product in this state;
(ii)
sell, offer for sale, or furnish any
sells, offers for sale, or furnishes an
 electronic 
cigarette product at less than the cost, including the amount of any applicable tax, 
of the product to the manufacturer, wholesaler, or retailer; or
(iii)
give, distribute, sell, offer for sale, or furnish any
gives, distributes, sells, offers 
for sale, or furnishes an
 electronic cigarette product for free or at a lower price 
because the recipient of the electronic cigarette product makes another purchase.
(c)
Any individual who violates this section is guilty of:
(i)
a class C misdemeanor for the first offense; and
(ii)
a class B misdemeanor for any subsequent offense.
(3)
A violation of Subsection 
(2)
 is:
(a)
a class C misdemeanor on the first offense; or
(b)
a class B misdemeanor on a subsequent offense.
(b)
(4)
(a)
The price that a manufacturer, wholesaler, or retailer may charge under 
Subsection 
(2)(a)(ii)
(2)(b)(ii)
 does not include a discount for:
(i)
a physical manufacturer coupon:
(A)
that is surrendered to the wholesaler or retailer at the time of sale; and
(B)
for which the manufacturer will reimburse the wholesaler or the retailer for 
the full amount of the discount described in the manufacturer coupon and 
provided to the purchaser;
(ii)
a rebate that will be paid to the manufacturer, the wholesaler, or the retailer for 
the full amount of the rebate provided to the purchaser; or
(iii)
a promotional fund that will be paid to the manufacturer, the wholesaler, or the 
retailer for the full amount of the promotional fund provided to the purchaser.
(3)
(b)
Smokeless tobacco, chewing tobacco, or an electronic cigarette product may be 
distributed to adults without charge at professional conventions where the general 
public is excluded.
(5)
The Legislature finds that:
(a)
smokeless tobacco, or chewing tobacco, is harmful to the health of individuals who 
use those products because research indicates that they may cause mouth or oral 
cancers;
(b)
the use of smokeless tobacco among juveniles in this state is increasing rapidly;
(c)
the use of electronic cigarette products may lead to unhealthy behavior such as the 
use of tobacco products; and
(d)
it is necessary to restrict the gift of the products described in this section in the 
interest of the health of the citizens of this state.
Section 275, Section 
76-9-1113
, which is renumbered from Section 76-10-112 is renumbered 
and amended to read:
76-10-112
76-9-1113
. Illegal distribution of a tobacco product -- Exceptions.
(1)
Terms defined in Sections 
76-1-101.5
 and 
76-9-1101
 apply to this section.
(2)
Except as provided in Subsection 
(3)
, it is unlawful for 
(4), an actor commits illegal 
distribution of a tobacco product if the actor:
(a)
is 
a manufacturer, wholesaler, or retailer
; and
(b)
to give or distribute
gives or distributes
 a tobacco product in this state without 
charge.
(2)
An individual who violates this subsection is guilty of
(3)
A violation of Subsection 
(2)
 is
:
(a)
a class C misdemeanor 
for
on
 the first offense; 
and
or
(b)
a class B misdemeanor 
for any
on a
 subsequent offense.
(3)
(4)
(a)
A tobacco product may be distributed to an adult without charge at a 
professional convention where the general public is excluded.
(4)
(b)
The prohibition described in Subsection 
(1)
(2)
 does not apply to a tobacco 
retailer, a manufacturer, or a distributor that gives a tobacco product to an individual 
who is 21 years old or older upon the individual's purchase of a tobacco product.
Section 276, Section 
76-9-1114
, which is renumbered from Section 76-10-113 is renumbered 
and amended to read:
76-10-113
76-9-1114
. Illegal distribution of a flavored electronic cigarette 
product.
(1)
Subject to Subsection (2), it is unlawful for a tobacco retailer that is not a retail tobacco 
specialty business to give, distribute, sell, offer for sale, or furnish a flavored electronic 
cigarette product to any person.
Terms defined in Sections 
76-1-101.5
 and 
76-9-1101
apply to this section.
(2)
Notwithstanding Subsection (1), and beginning on January 1, 2025, it is unlawful for a 
person to give, distribute, sell, offer for sale, or furnish 
An actor commits illegal 
distribution of a flavored electronic cigarette product if the actor gives, distributes, sells, 
offers for sale, or furnishes 
to any person a flavored electronic cigarette product.
(4)
An individual who violates this section is guilty of
(3)
Beginning on January 1, 2025, it is unlawful for a person to give, distribute, sell, offer 
for sale, or furnish to any person an electronic cigarette product that is not a premarket 
authorized or pending electronic cigarette product.
(3)
A violation of Subsection 
(2)
 is
:
(a)
a class C misdemeanor 
for
on
 the first offense; 
and
or
(b)
a class B misdemeanor 
for any
on a
 subsequent offense.
Section 277, Section 
76-9-1115
 is enacted to read:
76-9-1115
. Illegal distribution of an electronic cigarette product without federal 
authorization.
(1)
Terms defined in Sections 
76-1-101.5
 and 
76-9-1101
 apply to this section.
(2)
An actor commits illegal distribution of an electronic cigarette product without federal 
authorization if the actor gives, distributes, sells, offers for sale, or furnishes to any 
person an electronic cigarette product that is not a premarket authorized or pending 
electronic cigarette product.
(3)
A violation of Subsection 
(2)
 is:
(a)
a class C misdemeanor on the first offense; or
(b)
a class B misdemeanor on a subsequent offense.
Section 278, Section 
76-9-1116
, which is renumbered from Section 76-10-114 is renumbered 
and amended to read:
76-10-114
76-9-1116
. Unlawful sale of a tobacco product, electronic cigarette 
product, or nicotine product.
(1)
(a)
As used in this section:
(a)
(i)
"Compensatory service" means service or unpaid work performed by an 
employee, in lieu of the payment of a fine or imprisonment.
(b)
(ii)
"Employee" means an employee or an owner of a tobacco retailer.
(b)
Terms defined in Sections 
76-1-101.5
 and 
76-9-1101
 apply to this section.
(2)
It is unlawful for an employee to knowingly or intentionally sell or give 
An actor 
commits unlawful sale of a tobacco product, electronic cigarette product, or nicotine 
product if the actor:
(a)
is an employee; and
(b)
intentionally or knowingly sells or gives 
a tobacco product, an electronic cigarette 
product, or a nicotine product in the course of business to an individual 
who is under
younger than
 21 years old.
(3)
An employee who violates this section
A violation of Subsection (2)
 is:
(a)
on a first violation:
(i)
guilty of 
an infraction; and
(ii)
subject to:
(A)
a fine not exceeding $1,000; or
(B)
compensatory service;
 or
(b)
on 
any
a
 subsequent violation:
(i)
guilty of 
a class C misdemeanor; and
(ii)
subject to:
(A)
a fine not exceeding $2,000; or
(B)
compensatory service.
Section 279, Section 
76-9-1117
, which is renumbered from Section 76-10-115 is renumbered 
and amended to read:
76-10-115
76-9-1117
. Unlawful transfer of proof of age.
(1)
(a)
As used in this section:
(a)
(i)
"Proof of age" means:
(i)
(A)
a valid identification card issued under 
Title 53, Chapter 3, Part 8, 
Identification Card Act
;
(ii)
(B)
a valid identification that:
(A)
(I)
is substantially similar to an identification card issued under 
Title 53, 
Chapter 3, Part 8, Identification Card Act
;
(B)
(II)
is issued in accordance with the laws of a state other than Utah in 
which the identification is issued;
(C)
(III)
includes date of birth; and
(D)
(IV)
has a picture affixed;
(iii)
(C)
a valid driver license certificate that is issued under 
Title 53, Chapter 3, 
Uniform Driver License Act
, or in accordance with the laws of the state in 
which the valid driver license is issued;
(iv)
(D)
a valid United States military identification card that:
(A)
(I)
includes date of birth; and
(B)
(II)
has a picture affixed; or
(v)
(E)
a valid passport.
(b)
(ii)
"Proof of age" does not include a driving privilege card issued in accordance 
with Section 
53-3-207
.
(b)
Terms defined in Sections 
76-1-101.5
 and 
76-9-1101
 apply to this section.
(2)
An individual is guilty of a class B misdemeanor if the individual knowingly and 
intentionally transfers that individual's
Except as provided in Subsection (4), an actor 
commits unlawful transfer of proof of age if the actor intentionally or knowingly 
transfers the actor's
 proof of age to another individual to aid that individual in:
(a)
purchasing a tobacco product, an electronic cigarette product, or a nicotine product; 
or
(b)
gaining admittance to any part of the premises of a retail tobacco specialty business.
(3)
A violation of Subsection 
(2)
 is a class B misdemeanor.
(3)
An individual is guilty of a class A misdemeanor if the individual knowingly and 
intentionally uses proof of age containing false information with the intent to:
(a)
purchase a tobacco product, an electronic cigarette product, or a nicotine product; or 
(b)
gain admittance to any part of the premises of a retail tobacco specialty business.
(4)
Subsections 
(2)
 and 
(3)
 do
Subsection (2) does
 not apply to an individual who uses a 
false identification in accordance with Subsection 
77-39-101(4)
 at the request of a peace 
officer.
Section 280, Section 
76-9-1118
 is enacted to read:
76-9-1118
. Unlawful use of proof of age containing false information.
(1)
(a)
As used in this section, "proof of age" means the same as that term is defined in 
Section 
76-9-1117
.
(b)
Terms defined in Sections 
76-1-101.5
 and 
76-9-1101
 apply to this section.
(2)
An actor commits unlawful use of proof of age containing false information if the actor 
intentionally or knowingly uses proof of age containing false information with the intent 
to:
(a)
purchase a tobacco product, an electronic cigarette product, or a nicotine product; or
(b)
gain admittance to any part of the premises of a retail tobacco specialty business.
(3)
A violation of Subsection 
(2)
 is a class A misdemeanor.
(4)
Subsection (2) does not apply to an individual who uses a false identification in 
accordance with Subsection 
77-39-101(4)
 at the request of a peace officer.
Section 281, Section 
76-9-1119
, which is renumbered from Section 76-10-116 is renumbered 
and amended to read:
76-10-116
76-9-1119
. Ordinances, rules, and regulations.
(1)
Except as provided in Subsection 
(2)
 or (3)
, an ordinance, rule, or regulation adopted by 
a governing body of a political subdivision of the state or a state agency is superseded if:
(a)
the ordinance, rule, or regulation affects:
(i)
the minimum age of sale for a tobacco product, an electronic cigarette product, or 
tobacco paraphernalia;
(ii)
the provision or sale of a tobacco product, an electronic cigarette product, or 
tobacco paraphernalia;
(iii)
the flavoring of a tobacco product or an electronic cigarette product;
(iv)
the purchase or possession of a tobacco product, an electronic cigarette product, 
or tobacco paraphernalia; or
(v)
the placement or display of a tobacco product or an electronic cigarette product; 
and
(b)
the ordinance, rule, or regulation is not essentially identical to 
any
a
 state statute 
relating to the applicable subject described in Subsection 
(1)(a)
.
(2)
A governing body of a political subdivision of the state or a state agency may adopt an 
ordinance, rule, or regulation on a subject described in Subsections 
(1)(a)(i)
 through 
(v)
if the governing body of a political subdivision of the state or a state agency is 
authorized by statute to adopt the ordinance, rule, or regulation.
(3)
Subsection 
(1)
 does not apply to the adoption or enforcement of a land use ordinance by 
a municipal or county government.
Section 282, Section 
76-9-1201
 is enacted to read:
12. Offenses Concerning Water, Shafts, and Wells
76-9-1201
. Definitions.
Reserved.
Section 283, Section 
76-9-1202
, which is renumbered from Section 76-10-201 is renumbered 
and amended to read:
76-10-201
76-9-1202
. Unlawful interference with water flow.
(1)
Terms defined in Sections 
76-1-101.5
 and 
76-9-1201
 apply to this section.
(2)
Every person who knowingly or
An actor commits unlawful interference with water 
flow if the actor
 intentionally 
or knowingly 
interferes with or alters the flow of water in 
any stream, ditch, or lateral while under the control or management of any water 
commissioner
 is guilty of a crime punishable under Section 
73-2-27
.
(3)
A violation of Subsection 
(2)
 is subject to the penalty provisions in Section 
73-2-27
.
Section 284, Section 
76-9-1203
, which is renumbered from Section 76-10-202 is renumbered 
and amended to read:
76-10-202
76-9-1203
. Unlawful taking of water or damaging a water facility.
(1)
Terms defined in Sections 
76-1-101.5
 and 
76-9-1201
 apply to this section.
(2)
No person may, in
An actor commits unlawful taking of water or damaging a water 
facility if the actor, in
 violation of 
any
a
 right of 
any other
another
 person
 knowingly 
or
,
 intentionally
 or knowingly
:
(a)
turn or use 
turns on or uses 
the water, or 
any
a
 part thereof, of 
any
a
 canal, ditch, 
pipeline, or reservoir, except at a time when the use of the water has been duly 
distributed to the 
person
actor
;
(b)
use any
uses a
 greater quantity of the water than has been duly distributed to 
him
the actor
;
(c)
in any way 
change
changes
 the flow of water when lawfully distributed for 
irrigation or other useful purposes, except when duly authorized to make the change; 
or
(d)
break or injure any 
breaks or injures a 
dam, canal, pipeline, watergate, ditch, or 
other means of diverting or conveying water for irrigation or other useful purposes.
(3)
A violation of Subsection 
(2)
 is subject to the penalty provisions in Section 
73-2-27
.
(2)
(4)
Subsection 
(1)
(2)
 applies to violations of 
any
a
 right to the use of water, 
including:
(a)
a water right; or
(b)
authorization of a person's use of water by:
(i)
a water company, as defined in Subsection 
73-3-3.5(1)(b)
; or
(ii)
an entity having a valid water right under Utah law.
(3)
Any person who violates this section is guilty of a crime punishable under Section 
73-2-27
.
Section 285, Section 
76-9-1204
, which is renumbered from Section 76-10-203 is renumbered 
and amended to read:
76-10-203
76-9-1204
. Unlawful obstruction of watergates.
(1)
Terms defined in Sections 
76-1-101.5
 and 
76-9-1201
 apply to this section.
(2)
Every person who
An actor commits unlawful obstruction of watergates if the 
actor:
(a)
rafts or floats logs, timber, or wood down any river or stream
;
 and 
(b)
allows the logs, timber, or wood 
described in Subsection 
(2)(a)
to accumulate at or 
obstruct the watergates owned by 
any
a
 person or irrigation company taking or 
diverting the water of the river or stream for irrigation or manufacturing purposes
 is 
guilty of a crime punishable under Section 
73-2-27
.
(3)
A violation of Subsection (2) is subject to the penalty provisions in Section 
73-2-27
.
Section 286, Section 
76-9-1205
, which is renumbered from Section 76-10-204 is renumbered 
and amended to read:
76-10-204
76-9-1205
. Unlawful damage to a bridge, dam, canal, or other 
water-related structure.
(1)
A person is guilty of a third degree felony who intentionally, knowingly, or recklessly 
commits an offense under Subsection 
(2)
 that does not amount to a violation of 
Subsection 
76-6-106(2)(a)(ii)
 or Section 
76-6-106.3
.
(1)
Terms defined in Sections 
76-1-101.5
 and 
76-9-1201
 apply to this section.
(2)
Except as provided in Subsection 
(4)
, an actor commits unlawful damage to a bridge, 
dam, canal, or other water-related structure if the actor intentionally, knowingly, or 
recklessly:
(2)
Offenses referred to in Subsection 
(1)
 are when a person:
(a)
cuts, breaks, damages, or destroys 
any
a
 bridge, dam, canal, flume, aqueduct, levee, 
embankment, reservoir, or other structure erected
:
(i)
to create hydraulic power
,
;
(ii)
to drain or reclaim 
any swamp and overflowed
a swamp, overflowed land,
 or 
marsh land
,
; or
(iii)
to conduct water for mining, manufacturing, reclamation, or agricultural 
purposes, or for the supply of the inhabitants of any city or town;
(b)
makes or causes to be made 
any
an
 aperture in 
any
a
 dam, canal, flume, aqueduct, 
reservoir, embankment, levee, or 
similar 
structure with intent to injure or destroy 
it
the dam, canal, flume, aqueduct, reservoir, embankment, levee, or similar structure
; or
(c)
draws up, cuts, or injures 
any piles
a pile
 fixed in the ground and used for securing 
any
a
 lake or river bank or 
walls
wall
 or 
any
a
 dock, quay, jetty, or lock.
(3)
A violation of Subsection 
(2)
 is a third degree felony.
(4)
Subsection 
(2)
 applies to conduct that does not amount to a violation of Subsection 
76-6-106(2)(a)(ii)
 or Section 
76-6-106.3
.
Section 287, Section 
76-9-1206
, which is renumbered from Section 76-10-2601 is renumbered 
and amended to read:
76-10-2601
76-9-1206
. Unlawful failure to fence a shaft or well.
(1)
Terms defined in Sections 
76-1-101.5
 and 
76-9-1201
 apply to this section.
(2)
Any person who
An actor commits unlawful failure to fence a shaft or well if the actor:
(a)
has sunk or sinks a shaft or well on the public domain for any purpose
 shall enclose 
it with a substantial curb or fence, which shall be at least 4-1/2 feet high.
; and
(b)
fails to enclose the shaft or well with a substantial curb or fence that is at least 4.5 
feet high.
(2)
(3)
Any person violating this section is guilty of 
A violation of Subsection 
(2)
 is 
a 
class B misdemeanor.
Section 288, Section 
76-9-1301
, which is renumbered from Section 76-10-801 is renumbered 
and amended to read:
13. Criminal Nuisance
76-10-801
76-9-1301
. Definitions.
(1)
A nuisance is any
As used in this part:
(1)
"Nuisance" means an 
item, thing, manner, 
or 
condition 
whatsoever 
that
:
(a)
is dangerous to human life or health
;
 or 
(b)
renders soil, air, water, or food impure or unwholesome.
(2)
(a)
"Public nuisance" means unlawfully committing an act or omitting to perform a 
duty, which act or duty:
(i)
annoys, injures, or endangers the comfort, repose, health, or safety of three or 
more persons, regardless of the extent to which the annoyance, injury, or 
endangerment inflicted on the persons is unequal;
(ii)
offends public decency;
(iii)
unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous 
for passage, a lake, stream, canal, or basin, or a public park, square, street, or 
highway;
(iv)
is a nuisance as described in Section 
78B-6-1107
, Nuisance -- Drug houses and 
drug dealing -- Gambling -- Group criminal activity -- Party house -- Prostitution 
-- Weapons -- Abatement by eviction; or
(v)
renders three or more persons insecure in life or the use of property, regardless of 
the extent to which the effect inflicted on the persons is unequal.
(b)
"Public nuisance" is presumed to not include:
(i)
activities conducted in the normal and ordinary course of agricultural operations, 
as defined in Section 
4-44-102
, and conducted in accordance with sound 
agricultural practices, with the presumption that agricultural operations 
undertaken in conformity with federal, state, and local laws and regulations, 
including zoning ordinances, are operating within sound agricultural practices; or
(ii)
activities conducted in the normal and ordinary course of critical infrastructure 
materials operations, as defined in Section 
78B-6-1101
, and conducted in 
accordance with sound critical infrastructure materials practices, with the 
presumption that critical infrastructure materials operations undertaken in 
conformity with federal, state, and local laws and regulations, including zoning 
ordinances, are operating within sound critical infrastructure materials operations.
(2)
Any person, whether as owner, agent, or occupant who creates, aids in creating, or 
contributes to a nuisance, or who supports, continues, or retains a nuisance, is guilty of a 
class B misdemeanor.
Section 289, Section 
76-9-1302
 is enacted to read:
76-9-1302
. Creating, supporting, or retaining a nuisance.
(1)
Terms defined in Sections 
76-1-101.1
 and 
76-9-1301
 apply to this section.
(2)
An actor commits creating, supporting, or retaining a nuisance if the actor:
(a)
is an owner, agent, or occupant; and
(b)
(i)
creates, aids in creating, or contributes to a nuisance; or
(ii)
supports, continues, or retains a nuisance.
(3)
A violation of Subsection 
(2)
 is a class B misdemeanor.
Section 290, Section 
76-9-1303
, which is renumbered from Section 76-10-802 is renumbered 
and amended to read:
76-10-802
76-9-1303
. Befouling waters.
A person is guilty of a class B misdemeanor if he:
(1)
Terms defined in Sections 
76-1-101.1
 and 
76-9-1301
 apply to this section.
(2)
An actor commits the offense of befouling waters if the actor:
(a)
Constructs
constructs
 or maintains a corral, sheep pen, goat pen, stable, pigpen, 
chicken coop, or other offensive yard or outhouse 
where
from which
 the waste or 
drainage 
therefrom shall flow
will flow
 directly into the waters of any stream, well, 
or spring of water used for domestic purposes;
 or
(2)
(b)
Deposits
deposits
, piles, unloads, or leaves 
any
a
 manure heap, offensive 
rubbish, or the carcass of 
any
a
 dead animal 
where
from which
 the waste or 
drainage 
therefrom 
will flow directly into the waters of any stream, well, or spring 
of water used for domestic purposes;
 or
(3)
(c)
Dips 
dips 
or washes sheep in 
any
a
 stream, or constructs, maintains, or uses 
any
a
 pool or dipping vat for dipping or washing sheep in such close proximity to 
any
a
 stream used 
for domestic purposes 
by the inhabitants of any city or town 
for 
domestic purposes
so
 as to make the waters 
thereof
of the stream
 impure or 
unwholesome;
 or
(4)
(d)
Constructs 
constructs 
or maintains 
any
a
 corral, yard, or vat to be used for the 
purpose of shearing or dipping sheep within 12 miles of any city or town, 
where
from which
 the refuse or filth from the corral or yard would naturally find its way 
into any stream of water used 
for domestic purposes 
by the inhabitants of any city or 
town
 for domestic purposes
; or
(5)
(e)
Establishes 
establishes 
and maintains 
any
a
 corral, camp, or bedding place for 
the purpose of herding, holding, or keeping 
any 
cattle, horses, sheep, goats, or hogs 
within seven miles of any city or town, 
where
from which
 the refuse or filth from 
the corral, camp, or bedding place will naturally find its way into any stream of water 
used
 for domestic purposes
 by the inhabitants of any city or town
 for domestic 
purposes
.
(3)
A violation of Subsection 
(2)
 is a class B misdemeanor.
Section 291, Section 
76-9-1304
, which is renumbered from Section 76-10-805 is renumbered 
and amended to read:
76-10-805
76-9-1304
. Unlawful disposal of carcass or offal.
(1)
Every person who
Terms defined in Sections 
76-1-101.1
 and 
76-9-1301
 apply to 
this section.
(2)
An actor commits unlawful disposal of carcass or offal if the actor:
(a)
puts the carcass of 
any
a
 dead animal, or the offal from 
any
a
 slaughter pen, corral, 
or butcher shop
,
 into 
any
a
 river, creek, pond, street, alley, or public highway, or 
road in common use
, or who attempts to destroy it by fire, within one-fourth of a 
mile of any city or town is guilty of a class B misdemeanor.
; or
(b)
attempts to destroy by fire the carcass of a dead animal, or the offal from a slaughter 
pen, corral, or butcher shop, within one-fourth of a mile of a city or town.
(3)
A violation of Subsection 
(2)
 is a class B misdemeanor.
Section 292, Section 
76-9-1305
, which is renumbered from Section 76-10-804 is renumbered 
and amended to read:
76-10-804
76-9-1305
. Maintaining, committing, or failing to remove a public 
nuisance.
(1)
Terms defined in Sections 
76-1-101.1
 and 
76-9-1301
 apply to this section.
(2)
Every person who
An actor commits maintaining, committing, or failing to 
remove a public nuisance if the actor:
(a)
maintains or commits 
any
a
 public nuisance, the punishment for which is not 
otherwise prescribed
, or who
; or
(b)
willfully omits to perform 
any
a
 legal duty relating to the removal of a public 
nuisance
, is guilty of
.
(3)
A violation of Subsection 
(2)
 is 
a class B misdemeanor.
Section 293, Section 
76-9-1306
, which is renumbered from Section 76-10-806 is renumbered 
and amended to read:
76-10-806
76-9-1306
. Action for abatement of public nuisance.
(1)
(a)
As used in this section:
(i)
"Distribute" means the same as that term is defined in Section 
76-5c-101
.
(ii)
"Exhibit" means the same as that term is defined in Section 
76-5c-101
.
(iii)
"Material" means the same as that term is defined in Section 
76-5c-101
.
(b)
Terms defined in Sections 
76-1-101.1
 and 
76-9-1301
 apply to this section.
(2)
The county attorney of the county 
where
in which
 the public nuisance exists, upon 
direction of the county 
executive, or city attorney of the city 
where
in which
 the 
public nuisance exists, upon direction of the board of city commissioners, or attorney 
general, upon direction of the governor, or any of the above attorneys without the 
necessity of direction, is empowered to institute an action in the name of the county, 
city, or state, as the case may be, to abate a public nuisance. 
(3)
The action shall be brought in the 
district
 court of the district 
where
in which
 the 
public nuisance exists and shall be in the form prescribed by the Rules of Civil 
Procedure of the State of Utah for injunctions, but none of the above attorneys shall be 
required to execute a bond with respect to the action. 
(4)
If the action is instituted, however, to abate the distribution or exhibition of material 
alleged to offend public decency, the action shall be in the form prescribed by the Rules 
of Civil Procedure of Utah for injunctions, but no restraining order or injunction shall 
issue except upon notice to the person sought to be enjoined; and that person shall be 
entitled to a trial of the issues commencing within three days after filing of an answer to 
the complaint and a decision shall be rendered by the court within two days after the 
conclusion of the trial.
 As used in this part, "distribute," "exhibit," and "material" mean 
the same as provided in Section 
76-10-1201
.
Section 294, Section 
76-9-1307
, which is renumbered from Section 76-10-808 is renumbered 
and amended to read:
76-10-808
76-9-1307
. Relief granted for a public nuisance that offends public 
decency.
If the existence of a public nuisance 
as defined by Subsection 
76-10-803(1)(b)
that 
offends public decency
 is admitted or established, either in a civil or criminal proceeding, a 
judgment shall be entered 
which
that
 shall:
(1)
permanently enjoin each defendant and any other person from further maintaining the 
public 
nuisance at the place complained of and each defendant from maintaining such 
public 
nuisance elsewhere;
(2)
direct the person enjoined to surrender to the sheriff of the county in which the action 
was brought any material in 
his
the defendant's
 possession 
which
that
 is subject to the 
injunction, and the sheriff shall seize and destroy this material; and
(3)
without proof of special injury
,
 direct that an accounting be had and all money and other 
consideration paid as admission to view any motion picture film determined to constitute 
a public nuisance, or paid for any publication determined to constitute a public nuisance, 
in either case without deduction for expenses, be forfeited and paid into the general fund 
of the county 
where the
in which the public
 nuisance was maintained.
Section 295, Section 
76-9-1308
, which is renumbered from Section 76-10-807 is renumbered 
and amended to read:
76-10-807
76-9-1308
. Criminal violation of an order enjoining a public 
nuisance.
(1)
Terms defined in Sections 
76-1-101.1
 and 
76-9-1301
 apply to this section.
(2)
A person who 
An actor commits criminal violation of an order enjoining a public 
nuisance if the actor 
knowingly violates 
any
a
 judgment or order abating or otherwise 
enjoining a public nuisance
 as defined under Section 
76-10-803
 is guilty of a class B 
misdemeanor
.
(3)
A violation of Subsection 
(2)
 is a class B misdemeanor.
Section 296, Section 
76-9-1401
, which is renumbered from Section 76-10-1101 is renumbered 
and amended to read:
14. Gambling
76-10-1101
76-9-1401
. Definitions.
As used in this part:
(1)
(a)
"Amusement device" means a game that:
(i)
is activated by a coin, token, or other object of consideration or value; and
(ii)
does not provide the opportunity to:
(A)
enter into a sweepstakes, lottery, or other gambling event; or
(B)
receive any form of consideration or value, except an appropriate reward.
(b)
"Amusement device" includes:
(i)
a video game;
(ii)
a driving simulator;
(iii)
an electronic game;
(iv)
a claw machine;
(v)
a bowling game;
(vi)
a shuffleboard game;
(vii)
a skee-ball game;
(viii)
a pool table;
(ix)
a pinball machine;
(x)
a target machine; and
(xi)
a baseball machine.
(2)
"Amusement facility" means a facility that:
(a)
is operated primarily for the purpose of providing amusement or entertainment to 
customers;
(b)
is located on property that is open to customers for the purpose of providing 
customers with an opportunity to use an amusement device;
(c)
receives a substantial amount of the facility's revenue from the operation of 
amusement devices; and
(d)
does not provide an opportunity for, or a machine or device that enables, gambling or 
fringe gambling.
(3)
(a)
"Appropriate reward" means a reward that:
(i)
an individual receives as a result of the individual's participation in or use of an 
amusement device; and
(ii)
provides:
(A)
full and adequate return for money, a token, or other consideration or value 
invested into the amusement device;
(B)
an immediate and unrecorded ability to replay a game featured on an 
amusement device that is not exchangeable for value;
(C)
a toy, novelty, or other non-monetary prize with a value of less than $100 as a 
reward for playing; or
(D)
tickets or credits that are redeemable for a toy, novelty, or non-monetary prize 
at an amusement facility, or at any franchise or chain of the amusement 
facility, where the amusement device is located.
(b)
"Appropriate reward" does not include money, a gift certificate, a gift card, credit to 
be used in a retail store, or other form of monetary compensation or reward.
(4)
"Consumer" means the same as that term is defined in Section 
76-10-1230
76-5c-401
.
(5)
"Enter or entry" means an act or process by which an individual becomes eligible to 
receive a prize offered for participation in any form of sweepstakes, game, or contest.
(6)
(a)
"Fringe gambling" means any de facto form of gambling, lottery, fringe gaming 
device, or video gaming device that is given, conducted, or offered for use or sale by 
a business in exchange for anything of value or incident to the purchase of another 
good or service.
(b)
"Fringe gambling" does not include:
(i)
a promotional activity that is clearly ancillary to the primary activity of a business; 
or
(ii)
use of an amusement device or vending machine.
(7)
(a)
"Fringe gaming device" means a mechanically, electrically, or electronically 
operated machine or device that:
(i)
is not an amusement device or a vending machine;
(ii)
is capable of displaying or otherwise presenting information on a screen or 
through any other mechanism; and
(iii)
provides the user with a card, token, credit, gift certificate, product, or 
opportunity to participate in a contest, game, gaming scheme, or sweepstakes with 
a potential return of money or other prize.
(b)
"Fringe gaming device" includes a machine or device similar to a machine or device 
described in Subsection 
(7)(a)
 that seeks to avoid application or circumvent this part 
or 
Utah Constitution, 
Article VI, Section 27
, of the Utah Constitution
.
(8)
(a)
"Gambling" means risking anything of value for a return or risking anything of 
value upon the outcome of a contest, game, gaming scheme, or gaming device when 
the return or outcome:
(i)
is based on an element of chance, regardless of:
(A)
the existence of a preview or pre-reveal feature in the device, contest, or 
game; or
(B)
whether the preview or pre-reveal feature described in Subsection 
(8)(a)(i)(A)
allows users to see individual or successive outcomes; and
(ii)
is in accord with an agreement or understanding that someone will receive 
anything of value in the event of a certain outcome.
(b)
"Gambling" includes a lottery.
(c)
"Gambling" does not include:
(i)
a lawful business transaction; or
(ii)
use of an amusement device.
(9)
"Gambling bet" means money, checks, credit, or any other representation of value.
(10)
"Gambling device or record" means anything specifically designed for use in gambling 
or fringe gambling or used primarily for gambling or fringe gambling.
(11)
"Gambling proceeds" means anything of value used in gambling or fringe gambling.
(12)
"Internet gambling" or "online gambling" means gambling, fringe gambling, or 
gaming by use of:
(a)
the Internet; or
(b)
any mobile electronic device that allows access to data and information.
(13)
(12)
"Internet service provider" means a person engaged in the business of providing 
Internet access service, with the intent of making a profit, to consumers in Utah.
(14)
(13)
"Lottery" means any scheme for the disposal or distribution of property by 
chance among persons who have paid or promised to pay any valuable consideration for 
the chance of obtaining property, or portion of it, or for any share or any interest in 
property, upon any agreement, understanding, or expectation that it is to be distributed 
or disposed of by lot or chance, whether called a lottery, raffle, or gift enterprise, or by 
whatever name it is known.
(14)
"Online gambling" means gambling, fringe gambling, or gaming by use of:
(a)
the Internet; or
(b)
any mobile electronic device that allows access to data and information.
(15)
"Prize" means a gift, award, gratuity, good, service, credit, or anything else of value 
that may be or is transferred to an individual or placed on an account or other record 
with the intent to be transferred to an individual.
(16)
"Promotional activity that is clearly ancillary to the primary activity of a business" 
means a promotional activity that:
(a)
continues for a limited period of time;
(b)
is related to a good or service ordinarily provided by a business or the marketing or 
advertisement of a good or service ordinarily provided by the business;
(c)
does not require 
a person
an individual
 to purchase a good or service from the 
business in consideration for participation or an advantage in the promotional activity 
or any other contest, game, gaming scheme, sweepstakes, or promotional activity;
(d)
promotes a good or service described in Subsection 
(16)(b)
 on terms that are 
commercially reasonable; and
(e)
does not, through use of a machine or device:
(i)
simulate a gambling environment;
(ii)
require the purchase of something of value to participate in the promotional 
activity that is not regularly used, purchased, or redeemed by users of the machine 
or device;
(iii)
provide a good or service described in Subsection 
(16)(b)
:
(A)
in a manner in which the person acquiring the good or service is unable to 
immediately acquire, redeem, or otherwise use the good or service after the 
time of purchase; or
(B)
at a value less than the full value of the good or service;
(iv)
appear or operate in a manner similar to a machine or device that is normally 
found in a casino for the purpose of gambling;
(v)
provide an entertaining display, designed to appeal to an individual's senses, that 
promotes actual or simulated game play that is similar in appearance or function 
to gambling, including:
(A)
a video playing card game, including a video poker game;
(B)
a video bingo game;
(C)
a video craps game;
(D)
a video keno game;
(E)
a video lotto game;
(F)
an 8-liner machine;
(G)
a Pot O' Gold game;
(H)
a video game involving a random or chance matching of pictures, words, 
numbers, or symbols; or
(I)
a video game that reveals a prize as the game is played; or
(vi)
otherwise create a pretextual transaction to facilitate a contest, game, gaming 
scheme, or sweepstakes in an attempt to circumvent the requirements of this part 
or Article VI, Section 27, of the Utah Constitution.
(17)
"Skill-based game" means a game, played on a machine or device, the outcome of 
which is based, in whole or in part, on the skill of the player, regardless of whether a 
degree of chance is involved.
(18)
"Sweepstakes" means a game, advertising scheme, marketing scheme, or other 
promotion:
(a)
that an individual may enter with or without payment of any consideration;
(b)
that qualifies the person to win a prize; and
(c)
the result of which is based on chance.
(19)
"Vending machine" means a device:
(a)
that dispenses merchandise in exchange for money or any other item of value;
(b)
that provides full and adequate return of the value deposited;
(c)
through which the return of value is not conditioned on an element of chance or skill; 
and
(d)
(i)
does not include a promotional activity; or
(ii)
includes a promotional activity that is clearly ancillary to the primary activity of a 
business.
(20)
"Video gaming device" means a device that includes all of the following:
(a)
a video display and computer mechanism for playing a game;
(b)
the length of play of any single game is not substantially affected by the skill, 
knowledge, or dexterity of the player;
(c)
a meter, tracking, or recording mechanism that records or tracks any money, tokens, 
games, or credits accumulated or remaining;
(d)
a play option that permits a player to spend or risk varying amounts of money, 
tokens, or credits during a single game, in which the spending or risking of a greater 
amount of money, tokens, or credits:
(i)
does not significantly extend the length of play time of any single game; and
(ii)
provides for a chance of greater return of credits, games, or money; and
(e)
an operating mechanism that, in order to function, requires inserting money, tokens, 
or other valuable consideration other than entering the user's name, birthdate, or 
contact information.
Section 297, Section 
76-9-1402
, which is renumbered from Section 76-10-1102 is renumbered 
and amended to read:
76-10-1102
76-9-1402
. Participating in gambling.
(1)
Terms defined in Sections 
76-1-101.5
 and 
76-9-1401
 apply to this section.
(2)
A person is guilty of
An actor commits participating in
 gambling if the 
person:
(a)
 actor 
participates in
:
(a)
gambling
 or
;
(b)
fringe gambling
, including any Internet or
; or
(c)
online gambling
;
.
(b)
knowingly permits gambling or fringe gambling to be played, conducted, or dealt 
upon or in any real or personal property owned, rented, or under the control of the 
actor, whether in whole or in part; or
(c)
knowingly allows the use of any video gaming device that is:
(i)
in any business establishment or public place; and
(ii)
accessible for use by any person within the establishment or public place.
(2)
Gambling is a class B misdemeanor, except that any person who is convicted two or 
more times under this section is guilty of a class A misdemeanor.
(3)
(a)
A person is guilty of a third degree felony who intentionally provides or offers 
to provide any form of Internet or online gambling to any person in this state.
(b)
Subsection 
(3)(a)
 does not apply to an Internet service provider, a hosting company 
as defined in Section 
76-10-1230
, a provider of public telecommunications services 
as defined in Section 
54-8b-2
, or an Internet advertising service by reason of the fact 
that the Internet service provider, hosting company, Internet advertising service, or 
provider of public telecommunications services:
(i)
transmits, routes, or provides connections for material without selecting the 
material; or
(ii)
stores or delivers the material at the direction of a user.
(3)
(a)
Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class B 
misdemeanor.
(b)
A violation of Subsection (2) is a class A misdemeanor if the actor has previously 
been convicted of a violation of Subsection (2).
(4)
If 
any 
federal law authorizes 
Internet
online
 gambling in the states
 of the United 
States
 and 
that federal law 
provides that individual states may opt out of 
Internet
online
 gambling, this state shall opt out of 
Internet
online
 gambling in the manner 
provided by federal law and within the time frame provided by that law.
(5)
Regardless of whether a federal law is enacted that authorizes 
Internet
online
 gambling 
in the states
 of the United States
, this section 
acts
and Section 
76-9-1404
 act
 as this 
state's prohibition of 
any 
gambling, 
including Internet
fringe gambling, or online
gambling, in this state.
Section 298, Section 
76-9-1403
 is enacted to read:
76-9-1403
. Permitting gambling.
(1)
Terms defined in Sections 
76-1-101.5
 and 
76-9-1401
 apply to this section.
(2)
An actor commits permitting gambling if the actor knowingly:
(a)
permits gambling or fringe gambling to be played, conducted, or dealt upon or in real 
or personal property owned, rented, or under the control of the actor, whether in 
whole or in part; or
(b)
allows the use of a video gaming device that is:
(i)
in a business establishment or public place; and
(ii)
accessible for use by an individual within the establishment or public place.
(3)
(a)
Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class B 
misdemeanor.
(b)
A violation of Subsection (2) is a class A misdemeanor if the actor has previously 
been convicted of a violation of Subsection 
(2)
.
Section 299, Section 
76-9-1404
 is enacted to read:
76-9-1404
. Online gambling promotion.
(1)
Terms defined in Sections 
76-1-101.5
 and 
76-9-1401
 apply to this section.
(2)
An actor commits online gambling promotion if the actor intentionally provides or 
offers to provide a form of online gambling to an individual in this state.
(3)
A violation of Subsection 
(2)
 is a third degree felony.
(4)
This section does not apply to an Internet service provider, a hosting company as 
defined in Section 
76-5c-401
, a provider of public telecommunications services as 
defined in Section 
54-8b-2
, or an Internet advertising service that:
(a)
transmits, routes, or provides connections for material without selecting the material; 
or
(b)
stores or delivers the material at the direction of a user.
Section 300, Section 
76-9-1405
, which is renumbered from Section 76-10-1104 is renumbered 
and amended to read:
76-10-1104
76-9-1405
. General gambling promotion.
(1)
Terms defined in Sections 
76-1-101.5
 and 
76-9-1401
 apply to this section.
(1)
(2)
A person is guilty of
An actor commits general
 gambling promotion if the 
person
actor:
(a)
derives
,
 or intends to derive
,
 an economic benefit other than personal winnings 
from gambling or fringe gambling
;
 and
:
(a)
(b)
(i)
the person 
induces or aids another 
individual 
to engage in gambling or 
fringe gambling; or
(b)
(ii)
the person 
knowingly invests in, finances, owns, controls, supervises, 
manages, or participates in 
any 
gambling or fringe gambling.
(2)
(3)
(a)
Gambling promotion 
Except as provided in Subsection 
(3)(b)
, a violation of 
Subsection 
(2)
is a class A misdemeanor
,
.
(b)
except that any person who is twice convicted under this section is guilty of
A 
violation of Subsection 
(2)
 is
 a third degree felony
 if the actor has previously been 
convicted of a violation of Subsection 
(2)
.
Section 301, Section 
76-9-1406
, which is renumbered from Section 76-10-1103 is renumbered 
and amended to read:
76-10-1103
76-9-1406
. Gambling fraud.
(1)
Terms defined in Sections 
76-1-101.5
 and 
76-9-1401
 apply to this section.
(1)
(2)
A person is guilty of 
An actor commits 
gambling fraud if the 
person
actor:
(a)
participates in gambling or fringe gambling
;
(b)
and 
wins or acquires 
to himself or herself or
gambling proceeds for the actor or
another 
any gambling proceeds
individual; and
(c)
when the person 
knows the 
person
actor
 has a lesser risk of losing or greater 
chance of winning than one or more of the other participants, and the risk is not 
known to all
 the other
 participants.
(2)
A person convicted of gambling fraud is punished as in the case of theft of property of 
like value.
(3)
A violation of Subsection (2) is:
(a)
a second degree felony if the value of what the actor wins or acquires for the actor or 
another individual is or exceeds $5,000;
(b)
a third degree felony if the value of what the actor wins or acquires for the actor or 
another individual is or exceeds $1,500 but is less than $5,000;
(c)
a class A misdemeanor if the value of what the actor wins or acquires for the actor or 
another individual is or exceeds $500 but is less than $1,500; or
(d)
a class B misdemeanor if the value of what the actor wins or acquires for the actor or 
another individual is less than $500.
Section 302, Section 
76-9-1407
, which is renumbered from Section 76-10-1105 is renumbered 
and amended to read:
76-10-1105
76-9-1407
. Possessing a gambling device or record.
(1)
Terms defined in Sections 
76-1-101.5
 and 
76-9-1401
 apply to this section.
(2)
A person is guilty of
An actor commits
 possessing a gambling device or record if the 
person
actor:
(a)
knowingly possesses 
the
a
 gambling device or record
; and
(b)
with intent
intends
 to use the gambling device or record in gambling or fringe 
gambling.
(2)
(3)
(a)
Possession of a gambling device or record
Except as provided in Subsection 
(3)(b)
, a violation of Subsection 
(2)
 is a class A misdemeanor
,
.
(b)
except that any person who is convicted two or more times under this section is 
guilty of
A violation of Subsection 
(2)
 is
 a third degree felony
 if the actor has 
previously been convicted of a violation of Subsection 
(2)
.
Section 303, Section 
76-9-1408
, which is renumbered from Section 76-10-1110 is renumbered 
and amended to read:
76-10-1110
76-9-1408
. Deriving a benefit from a fringe gaming device.
(1)
Terms defined in Sections 
76-1-101.5
 and 
76-9-1401
 apply to this section.
(1)
(2)
Notwithstanding any other provision in 
Title 76, Chapter 10, Offenses Against 
Public Health, Safety, Welfare, and Morals
, it is unlawful for any person to derive or 
intend to derive an economic benefit from a fringe gaming device by
An actor commits 
deriving a benefit from a fringe gaming device if the actor
:
(a)
permitting
permits
 a fringe gaming device to be located on or in 
any 
real or 
personal property owned, rented, or under the control of the 
person
actor
;
(b)
allowing
allows
 individual or public access or use of a fringe gaming device as part 
of 
any
a
 business owned or operated by the 
person
actor
;
(c)
inducing or aiding a person
induces or aids an individual
 to use a fringe gaming 
device;
(d)
investing in, financing, owning, controlling, or otherwise managing
invests in, 
finances, owns, controls, or otherwise manages
 a fringe gaming device; or
(e)
possessing
possesses
 a fringe gaming device with the intent to use or allow another 
individual 
to use the fringe gaming device.
(3)
(a)
Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class A 
misdemeanor.
(b)
A violation of Subsection (2) is a third degree felony if the actor has previously been 
convicted of a violation of Subsection (2).
(2)
(4)
Subsection 
(1)
This section
 applies regardless of whether the fringe gaming device:
(a)
is server-based;
(b)
uses a simulated game terminal as a representation of a prize associated with the 
results of a sweepstakes entry;
(c)
uses a simulated game to influence or determine the result of the simulated game or 
the value of a prize;
(d)
selects the winner of a prize from a predetermined or finite pool of entries;
(e)
includes a pre-reveal feature;
(f)
predetermines a prize and reveals the prize at the time a sweepstakes entry result is 
revealed;
(g)
requires deposit of any money, coin, token, or gift certificate, or the use of a credit 
card, debit card, prepaid card, or any other method of payment to activate the device;
(h)
requires direct payment into the machine or device or remote activation of the device;
(i)
requires a purchase of a related product regardless of whether the product has 
legitimate value;
(j)
reveals the prize incrementally, regardless of whether a prize is awarded; or
(k)
includes a skill-based game.
(3)
Each violation of this section is a separate offense.
(4)
A person who violates this section is guilty of:
(a)
a class A misdemeanor for the first offense; or
(b)
a third degree felony for a subsequent offense.
Section 304, Section 
76-9-1409
, which is renumbered from Section 76-10-1104.5 is renumbered 
and amended to read:
76-10-1104.5
76-9-1409
. Advertising or soliciting participation in a lottery.
(1)
(a)
For purposes of
As used in
 this section
:
,
(a)
"Conspicuously
 "conspicuously
 printed" means printed in either larger or bolder 
type size than the adjacent and surrounding material so as to be clearly legible to 
any 
person
an individual
 viewing the print.
(b)
"Lottery" means the same as defined in Section 
76-10-1101
.
(b)
Terms defined in Sections 
76-1-101.5
 and 
76-9-1401
 apply to this section.
(2)
It is unlawful for any person to distribute or disseminate any
An actor commits 
advertising or soliciting participation in a lottery if the actor distributes or disseminates 
an
 advertisement or other written or printed material containing an advertisement or 
solicitation for participation in 
any
a
 lottery
 unless the advertisement or solicitation 
contains or includes the words "Void in Utah" conspicuously printed
.
(3)
(a)
Any person who is convicted of violating 
Except as provided in Subsection 
(3)(b)
, a violation of 
Subsection 
(2)
shall be fined the sum
is subject to a fine
 of 
$2,500.
(b)
Any person who is twice or more convicted under this section shall be fined the sum 
of 
A violation of Subsection 
(2)
 is subject to a fine of 
$10,000
 if the actor has 
previously been convicted of a violation of Subsection (2)
.
(4)
This section does not apply if the advertisement or solicitation contains or includes the 
words "Void in Utah" conspicuously printed in the advertisement or solicitation.
Section 305, Section 
76-9-1410
, which is renumbered from Section 76-10-1109 is renumbered 
and amended to read:
76-10-1109
76-9-1410
. Obtaining a benefit from a confidence game.
(1)
Terms defined in Sections 
76-1-101.5
 and 
76-9-1401
 apply to this section.
(1)
(2)
Any person who 
An actor commits obtaining a benefit from a confidence game if 
the actor knowingly 
obtains or attempts to obtain from 
any other person any
another 
individual
 money or property by any means, instrument
,
 or device commonly 
called
referred to as
 a confidence game
 shall be punished as in the case of theft of property of 
like value
.
(3)
A violation of Subsection (2) is:
(a)
a second degree felony if the value of what the actor obtains is or exceeds $5,000;
(b)
a third degree felony if the value of what the actor obtains is or exceeds $1,500 but is 
less than $5,000;
(c)
a class A misdemeanor if the value of what the actor obtains is or exceeds $500 but is 
less than $1,500; or
(d)
a class B misdemeanor if the value of what the actor obtains is less than $500.
(2)
(4)
In every
An
 indictment, information, or complaint under this section
, it
 shall be 
deemed and held 
to contain 
a sufficient description of the offense 
to charge that the 
accused did, on, ____ (insert the date) unlawfully and knowingly obtain or attempt to 
obtain (as the case may be) from ____, (insert the name of the person or persons 
defrauded or attempted to be defrauded) his money or property (as the case may be) by 
means and by use of a confidence game
if the indictment, information, or complaint 
contains:
(a)
the date that the actor is accused of unlawfully and knowingly obtaining money or 
property from another individual;
(b)
the name of the individual from whom the actor is accused of obtaining money or 
property;
(c)
a description of the money or property obtained by the actor from the individual; and
(d)
a description of the confidence game the actor used to obtain the money or property 
from the individual
.
Section 306, Section 
76-9-1411
, which is renumbered from Section 76-10-1112 is renumbered 
and amended to read:
76-10-1112
76-9-1411
. Local control -- Seizure and disposition of gambling 
debts or proceeds.
(1)
Nothing in this part preempts 
This part does not preempt 
or otherwise 
limits the 
authority of
limit
 a county or municipality 
to enact
from enacting
 a local ordinance 
related to gambling or fringe gambling.
(2)
In accordance with 
Title 77, Chapter 11a, Seizure of Property and Contraband
, a 
county or municipality may seize gambling debts, gambling proceeds, or fringe gaming 
devices that are reasonably identifiable as being obtained or provided in violation of this 
part or a local ordinance.
(2)
The following that are reasonably identifiable as having been used or obtained in 
violation of this part or a local ordinance may be seized and are subject to forfeiture 
proceedings in accordance with Title 77, Chapter 11a, Seizure of Property and 
Contraband, or Title 77, Chapter 11b, Forfeiture of Seized Property:
(a)
gambling bets;
(b)
gambling proceeds;
(c)
gambling debts; and
(d)
fringe gaming devices.
Section 307, Section 
76-9-1412
, which is renumbered from Section 76-10-1113 is renumbered 
and amended to read:
76-10-1113
76-9-1412
. Cause of action.
(1)
An individual who suffers 
an 
economic loss as a result of a fringe gaming device, video 
gaming device, or gambling device or record may bring a cause of action against a 
person who operates or receives revenue from the fringe gaming device, video gaming 
device, or gambling device or record to recover damages, costs, and attorney fees.
(2)
An individual who brings suit under Subsection 
(1)
 may recover twice the amount of the 
economic loss described in Subsection 
(1)
.
Section 308, Section 
76-9-1501
, which is renumbered from Section 76-10-1503 is renumbered 
and amended to read:
15. Criminal Offenses Relating to Bus Passenger Safety
76-10-1503
76-9-1501
. Definitions.
As used in this 
act
part
:
(1)
(a)
"Bus" means 
any
a
 passenger bus or coach or other motor vehicle having a 
seating capacity of 15 or more passengers operated by a bus company for the purpose 
of carrying passengers or cargo for hire
.
(b)
and
"Bus"
 includes a transit vehicle, as defined in Section 
17B-2a-802
, of a public 
transit district under 
Title 17B, Chapter 2a, Part 8, Public Transit District Act
.
(2)
(a)
"Bus company" or "company" means 
any
a
 person, group of persons
,
 or 
corporation providing for-hire transportation to passengers or cargo by bus upon the 
highways in the state, including passengers and cargo in interstate or intrastate travel. 
 These terms also include
(b)
"Bus company" or "company" includes 
local public bodies, public transit districts, 
municipalities, public corporations, boards
,
 and commissions established under the 
laws of the state providing transportation to passengers or cargo by bus upon the 
highways in the state, whether or not for hire.
(3)
"Charter" means a group of persons, pursuant to a common purpose and under a single 
contract, and at a fixed charge in accordance with a bus company's tariff, which has 
acquired the exclusive use of a bus to travel together to a specified destination or 
destinations.
(4)
"Passenger" means 
any
a
 person transported or served by a bus company, including 
persons accompanying or meeting another being transported, any person shipping or 
receiving cargo
,
 and any person purchasing a ticket or receiving a pass.
(5)
(a)
"Terminal" means a bus station or depot or any other facility operated or leased by 
or operated on behalf of a bus company
.
(b)
and
"Terminal"
 includes
:
(i)
 a transit facility, as defined in Section 
17B-2a-802
, of a public transit district 
under 
Title 17B, Chapter 2a, Part 8, Public Transit District Act
. This term 
includes
; and
(ii)
a reasonable area immediately adjacent to
:
(A)
any
a
 designated stop along the route traveled by 
any
a
 bus operated by a 
bus company
 and
; or
(B)
parking lots or areas adjacent to terminals
a parking lot or an area adjacent to 
a terminal
.
Section 309, Section 
76-9-1502
, which is renumbered from Section 76-10-1504 is renumbered 
and amended to read:
76-10-1504
76-9-1502
. Bus hijacking.
(1)
(a)
(1)
Terms defined in Sections 
76-1-101.5
 and 
76-9-1501
 apply to this section.
(2)
A person is guilty of
An actor commits
 bus hijacking if the 
person
actor
 seizes or 
exercises control, by force or violence or threat of force or violence, of a bus within the 
state.
(b)
(3)
Bus hijacking
A violation of Subsection (2)
 is a first degree felony.
(2)
(a)
A person is guilty of assault with the intent to commit bus hijacking if the person 
intimidates, threatens, or commits assault or battery toward a driver, attendant, guard, 
or any other person in control of a bus so as to interfere with the performance of 
duties by the person.
(b)
Assault with the intent to commit bus hijacking is a second degree felony.
(3)
A person who, in the commission of assault with intent to commit bus hijacking, uses a 
dangerous weapon, as defined in Section 
76-1-101.5
, is guilty of a first degree felony.
Section 310, Section 
76-9-1503
 is enacted to read:
76-9-1503
. Assault with intent to commit bus hijacking.
(1)
Terms defined in Sections 
76-1-101.5
 and 
76-9-1501
 apply to this section.
(2)
An actor commits assault with intent to commit bus hijacking if the actor intimidates, 
threatens, or commits assault or battery toward a driver, attendant, guard, or any other 
person in control of a bus so as to interfere with the performance of duties by the person.
(3)
(a)
Except as provided in Subsection 
(3)(b)
, a violation of Subsection 
(2)
 is a second 
degree felony.
(b)
A violation of Subsection 
(2)
 is a first degree felony if the actor used a dangerous 
weapon during the violation.
Section 311, Section 
76-9-1504
, which is renumbered from Section 76-10-1505 is renumbered 
and amended to read:
76-10-1505
76-9-1504
. Unlawful discharge of a firearm or hurling of a missile 
into a bus or terminal.
(1)
Terms defined in Sections 
76-1-101.5
 and 
76-9-1501
 apply to this section.
(2)
Any person who
Except as provided in Subsection (4), an actor commits unlawful 
discharge of a firearm or hurling of a missile into a bus or terminal if the actor
discharges a firearm or hurls a missile at or into 
any
a
 bus or terminal
 shall be guilty of 
a third degree felony
.
(3)
A violation of Subsection 
(2)
 is a third degree felony.
(2)
(4)
The prohibition of this
This
 section does not apply to elected or appointed peace 
officers or commercial security personnel who discharge firearms or hurl missiles in the 
course and scope of 
their
the peace officer's or commercial security personnel's
employment.
Section 312, Section 
76-9-1505
, which is renumbered from Section 76-10-1506 is renumbered 
and amended to read:
76-10-1506
76-9-1505
. Unlawful conduct while on a bus.
(1)
(a)
As used in this section, "controlled substance" means the same as that term is 
defined in Section 
58-37-2
.
(b)
Terms defined in Sections 
76-1-101.5
 and 
76-9-1501
 apply to this section.
(2)
A person is guilty of a class C misdemeanor, if the person
An actor commits unlawful 
conduct while on a bus if the actor
:
(a)
threatens a breach of the peace, is disorderly, or uses obscene, profane, or vulgar 
language on a bus;
(b)
is in or upon any bus while unlawfully under the influence of a controlled substance
as defined in Section 
58-37-2
;
(c)
fails to obey a reasonable request or order of a bus driver, bus company 
representative, a nondrinking designee other than the driver as provided in 
Subsection 
32B-4-415(4)(c)(ii)
, or other person in charge or control of a bus or 
terminal;
(d)
ingests 
any
a
 controlled substance, unless prescribed by a physician or 
a 
medical 
facility, in or upon any bus, or drinks intoxicating liquor in or upon 
any
a
 bus, 
except a chartered bus as defined and provided in Sections 
32B-1-102
 and 
41-6a-526
; 
or
(e)
smokes tobacco or other products in or upon 
any
a
 bus, except a chartered bus.
(2)
(3)
A violation of Subsection 
(2)
 is a class C misdemeanor.
(4)
(a)
If 
any person violates Subsection 
(1)
an actor violates Subsection 
(2)
, the driver 
of the bus or 
person
individual
 in charge thereof may stop at the place where the 
offense is committed or at the next regular or convenient stopping place and remove 
such person
the actor
, using only such force as may be necessary to accomplish the 
removal, and the driver or 
person
individual
 in charge may request the assistance of 
passengers to assist in 
the removal
removing the actor
.
(3)
(b)
The driver or 
person
individual
 in charge may cause the 
person so removed 
removed actor 
to be detained and delivered to the proper authorities.
Section 313, Section 
76-9-1506
, which is renumbered from Section 76-10-1507 is renumbered 
and amended to read:
76-10-1507
76-9-1506
. Unlawful refusal to leave a terminal -- Detention of 
violators -- Private security personnel.
(1)
(a)
In order to provide for the safety, welfare and comfort of passengers, a bus 
company may refuse admission to terminals to a person not having bona fide 
business within the terminal.
(b)
The refusal may not be inconsistent or contrary to state or federal laws or 
regulations, or to an ordinance of the political subdivision in which the terminal is 
located.
(c)
An authorized bus company representative may require a person in a terminal to 
identify himself and state his business.
(d)
Failure to comply with a request under Subsection 
(1)(c)
 or to state an acceptable 
business purpose is grounds for the representative to request that the person depart 
the terminal.
(e)
A person who refuses to comply with a request made under Subsection 
(1)(d)
 is 
guilty of a class C misdemeanor.
(2)
(a)
A person who carries any highly flammable or hazardous material or device into 
a terminal or aboard a bus is guilty of a third degree felony.
(b)
The bus company may employ reasonable means, including mechanical, electronic 
or x-ray devices to detect the items concealed in baggage or upon the person of a 
passenger.
(c)
Upon the discovery of an item referred to in Subsection 
(2)(a)
, the company may 
obtain possession and retain custody of the item until it is transferred to a peace 
officer.
(1)
Terms defined in Sections 
76-1-101.5
 and 
76-9-1501
 apply to this section.
(2)
An actor commits unlawful refusal to leave a terminal if:
(a)
an authorized bus company representative asks the actor to identify the actor's self 
and state the ground for the actor's business in the terminal;
(b)
the actor:
(i)
fails to comply with the request described in Subsection (2)(a); or
(ii)
fails to state an acceptable business purpose;
(c)
the authorized bus company representative requests that the actor depart the terminal;
(d)
the request for departure described in Subsection (2)(c) is:
(i)
within the bus company's ability to refuse admission to a terminal to individuals 
who do not have a bona fide business within the terminal as part of the bus 
company's provision of safety, welfare, and comfort of passengers; and
(ii)
not inconsistent with or contrary to state or federal laws or regulations, or to an 
ordinance of the political subdivision in which the terminal is located; and
(e)
the actor refuses to comply with the request described in Subsection (2)(c) to depart 
the terminal.
(3)
A violation of Subsection (2) is a class C misdemeanor.
(3)
(4)
(a)
An authorized bus company representative may detain within a terminal or 
bus 
any person violating
an actor who violates
 the provisions of this section for a 
reasonable time until law enforcement authorities arrive.
(b)
The detention 
described in Subsection 
(4)(a)
does not constitute unlawful 
imprisonment and neither the bus company nor the representative is civilly or 
criminally liable upon grounds of unlawful imprisonment or assault, provided that 
only reasonable and necessary force is exercised against the detained 
person
actor
.
(4)
(5)
(a)
A bus company may employ or contract for private security personnel.
(b)
The 
private security 
personnel may:
(i)
detain within a terminal or bus 
a person violating
an actor who violates
 this 
section for a reasonable time until law enforcement authorities arrive; and
(ii)
use reasonable and necessary force in subduing or detaining the 
person
actor
.
Section 314, Section 
76-9-1507
 is enacted to read:
76-9-1507
. Unlawful material or device in a bus or a terminal -- Detention of 
violators -- Private security personnel.
(1)
Terms defined in Sections 
76-1-101.5
 and 
76-9-1501
 apply to this section.
(2)
An actor commits unlawful material or device in a bus or a terminal if the actor carries a 
highly flammable or hazardous material or device into a terminal or aboard a bus.
(3)
A violation of Subsection 
(2)
 is a third degree felony.
(4)
(a)
A bus company may employ reasonable means, including mechanical, electronic 
or x-ray devices, to detect the items concealed in baggage or upon the person of a 
passenger.
(b)
Upon discovery of a highly flammable or hazardous material or device, the bus 
company may obtain possession and retain custody of the material or device until the 
material or device is transferred to a peace officer.
(5)
(a)
An authorized bus company representative may detain within a terminal or bus an 
actor who violates the provisions of this section for a reasonable time until law 
enforcement authorities arrive.
(b)
The detention does not constitute unlawful imprisonment and neither the bus 
company nor the representative is civilly or criminally liable upon grounds of 
unlawful imprisonment or assault, provided that only reasonable and necessary force 
is exercised against the detained actor.
(6)
(a)
 A bus company may employ or contract for private security personnel.
(b)
The private security personnel may:
(i)
detain within a terminal or bus an actor who violates this section for a reasonable 
time until law enforcement authorities arrive; and
(ii)
use reasonable and necessary force in subduing or detaining the actor.
Section 315, Section 
76-9-1508
, which is renumbered from Section 76-10-1508 is renumbered 
and amended to read:
76-10-1508
76-9-1508
. Theft of baggage or cargo.
(1)
Terms defined in Sections 
76-1-101.5
 and 
76-9-1501
 apply to this section.
(2)
Any person who
An actor commits theft of baggage or cargo if the actor
 removes 
any baggage, cargo or other item transported upon a bus or stored in a terminal without 
the 
consent of
:
(a)
the owner of the property
;
 or 
(b)
the bus company
,
 or 
its
the bus company's
 duly authorized representative
 is guilty 
of theft and shall be punished pursuant to section 
76-6-404
.
(3)
A violation of Subsection 
(2)
 is punishable under Section 
76-6-404
.
Section 316, Section 
76-9-1509
, which is renumbered from Section 76-10-1509 is renumbered 
and amended to read:
76-10-1509
76-9-1509
. Obstructing the operation of a bus.
(1)
Terms defined in Sections 
76-1-101.5
 and 
76-9-1501
 apply to this section.
(2)
Any person who
An actor commits obstructing the operation of a bus if the actor
unlawfully obstructs or impedes by force or violence, or any means of intimidation, the 
regular operation of a bus
 is guilty of a class C misdemeanor
.
(3)
A violation of Subsection 
(2)
 is a class C misdemeanor.
Section 317, Section 
76-9-1510
, which is renumbered from Section 76-10-1510 is renumbered 
and amended to read:
76-10-1510
76-9-1510
. Conspiracy to obstruct the operation of a bus.
(1)
Terms defined in Sections 
76-1-101.5
 and 
76-9-1501
 apply to this section.
(2)
Two or more persons who
An actor commits conspiracy to obstruct the operation 
of a bus if the actor
 willfully 
combine or conspire
combines or conspires with another 
individual
 to violate Section 
76-10-1509
 shall each be guilty of a class C misdemeanor
76-9-1509
, Obstructing the operation of a bus
.
(3)
A violation of Subsection 
(2)
 is a class C misdemeanor.
Section 318, Section 
76-9-1601
, which is renumbered from Section 76-10-1902 is renumbered 
and amended to read:
16. Money Laundering and Currency Transaction Reporting
76-10-1902
76-9-1601
. Definitions.
As used in this part:
(1)
"Bank" means an agent, agency, or office in this state of a person doing business in 
any 
one of the following capacities:
(a)
a commercial bank or trust company organized under the laws of this state or of the 
United States;
(b)
a private bank;
(c)
a savings and loan association or a building and loan association organized under the 
laws of the United States;
(d)
an insured institution as defined in Section 401 of the National Housing Act;
(e)
a savings bank, industrial bank, or other thrift institution;
(f)
a credit union organized under the laws of this state or of the United States; or
(g)
any other organization chartered under 
Title 7, Financial Institutions Act
, and subject 
to the supervisory authority set forth in that title.
(2)
"Conducts" includes initiating, concluding, or participating in initiating or concluding a 
transaction.
(3)
(a)
"Currency" means the coin and paper money of the United States or of another 
country that is designated as legal tender, that circulates, and is customarily used and 
accepted as a medium of exchange in the country of issuance.
(b)
"Currency" includes United States silver certificates, United States notes, Federal 
Reserve notes, and foreign bank notes customarily used and accepted as a medium of 
exchange in a foreign country.
(4)
"Financial institution" means an agent, agency, branch, or office within this state of a 
person doing business, whether or not on a regular basis or as an organized business 
concern, in one or more of the following capacities:
(a)
a bank, except bank credit card systems;
(b)
a broker or dealer in securities;
(c)
a currency dealer or exchanger, including a person engaged in the business of check 
cashing;
(d)
an issuer, seller, or redeemer of travelers checks or money orders, except as a selling 
agent exclusively who does not sell more than $150,000 of the instruments within 
any 30-day period;
(e)
a licensed transmitter of funds or other person engaged in the business of 
transmitting funds;
(f)
a telegraph company;
(g)
a person subject to supervision by a state or federal supervisory authority; or
(h)
the United States Postal Service regarding the sale of money orders.
(5)
"Financial transaction" means a transaction:
(a)
involving the movement of funds by wire or other means or involving one or more 
monetary instruments, which in any way or degree affects commerce; or
(b)
involving the use of a financial institution that is engaged in, or its activities affect 
commerce in any way or degree.
(6)
The phrase "knows that the property involved represents the proceeds of some form of 
unlawful activity" means that the person knows or it was represented to the person that 
the property involved represents proceeds from a form of activity, although the person 
does not necessarily know which form of activity, that constitutes a crime under state or 
federal law, regardless of whether or not the activity is specified in Subsection 
(12)
.
(7)
(6)
"Monetary instruments" means coins or currency of the United States or of another 
country, travelers checks, personal checks, bank checks, money orders, and investment 
securities or negotiable instruments in bearer form or in other form so that title passes 
upon delivery.
(8)
(7)
"Person" means an individual, corporation, partnership, trust or estate, joint stock 
company, association, syndicate, joint venture, or other unincorporated organization or 
group, and all other entities cognizable as legal personalities.
(9)
(8)
"Proceeds" means property acquired or derived directly or indirectly from, 
produced through, realized through, or caused by an act or omission and includes 
property of any kind.
(10)
(9)
"Property" means anything of value, and includes an interest in property, 
including a benefit, privilege, land, or right with respect to anything of value, whether 
real or personal, tangible or intangible.
(11)
(10)
"Prosecuting agency" means the office of the attorney general or the office of the 
county attorney, including an attorney on the staff whether acting in a civil or criminal 
capacity.
(12)
"Specified unlawful activity" means an unlawful activity defined as an unlawful 
activity in Section 
76-10-1602
, except an illegal act under Title 18, Section 1961(1)(B), 
(C), and (D), United States Code, and includes activity committed outside this state 
which, if committed within this state, would be unlawful activity.
(13)
(11)
"Transaction" means a purchase, sale, loan, pledge, gift, transfer, delivery, or 
other disposition. With respect to a financial institution, "transaction" includes a 
deposit, withdrawal, transfer between accounts, exchange of currency, loan, extension of 
credit, purchase or sale of a stock, bond, certificate of deposit, or other monetary 
instrument, or any other payment, transfer, or delivery by, through, or to a financial 
institution, by whatever means effected.
(14)
(12)
"Transaction in currency" means a transaction involving the physical transfer of 
currency from one person to another. A transaction that is a transfer of funds by means 
of bank check, bank draft, wire transfer, or other written order that does not include the 
physical transfer of currency is not a transaction in currency under this chapter.
(13)
(a)
"Unlawful activity" means the same as that term is defined in Section 
76-17-401
.
(b)
"Unlawful activity" includes activity committed outside this state which, if 
committed within this state, would be unlawful activity.
(c)
"Unlawful activity" does not include an illegal act under 18 U.S.C. Sec. 1961(1)(B), 
(C), and (D).
Section 319, Section 
76-9-1602
, which is renumbered from Section 76-10-1903 is renumbered 
and amended to read:
76-10-1903
76-9-1602
. Money laundering.
(1)
Terms defined in Sections 
76-1-101.5
 and 
76-9-1601
 apply to this section.
(2)
A person
An actor
 commits 
the offense of 
money laundering 
who
if the actor
:
(a)
(i)
transports, receives, or acquires 
the 
property 
which
that
 is 
in fact
the
proceeds of 
the specified 
unlawful activity
,
; and
(ii)
knowing
knows
 that the property 
involved 
represents the proceeds of 
some 
form of 
unlawful activity;
(b)
(i)
makes proceeds of unlawful activity available to another 
person 
by transaction, 
transportation, or other means
,
; and
(ii)
knowing
knows
 that the proceeds are intended to be used for the purpose of 
continuing or furthering the commission of
 specified
 unlawful activity;
 or
(c)
(i)
conducts a transaction 
involving property;
(ii)
knowing
knows
that 
the property 
involved in the transaction 
represents the 
proceeds of 
some form of 
unlawful activity
; and
(iii)
conducts the transaction
 with the intent:
(i)
(A)
to promote the unlawful activity;
(ii)
(B)
to conceal or disguise the nature, location, source, ownership, or control 
of the property; or
(iii)
(C)
to avoid a transaction reporting requirement under this 
chapter
part
 or 
under federal law
; or
.
(d)
knowingly accepts or receives property which is represented to be proceeds of 
unlawful activity.
(2)
Under Subsection 
(1)(d)
, knowledge that the property represents the proceeds of 
unlawful activity may be established by proof that a law enforcement officer or an 
individual acting at the request of a law enforcement officer made the representations 
and the person's subsequent statements or actions indicate that the person believed those 
representations to be true.
(3)
A violation of Subsection 
(2)
 is a second degree felony.
(4)
Each act committed in violation of Subsection 
(2)
 that involves the movement of funds 
in excess of $10,000 is a separate violation under this section.
(5)
Under Subsection 
(2)(a)(ii)
, the phrase "knows that the property involved represents the 
proceeds of unlawful activity" means that the actor knows, or it was represented to the 
actor, that the property involved represents proceeds from a form of unlawful activity, 
although the actor does not necessarily know which form of activity, that constitutes a 
crime under state or federal law, regardless of whether or not the activity is specified in 
the definition of unlawful activity.
Section 320, Section 
76-9-1603
 is enacted to read:
76-9-1603
. Accepting the proceeds of unlawful activity.
(1)
Terms defined in Sections 
76-1-101.5
 and 
76-9-1601
 apply to this section.
(2)
An actor commits accepting the proceeds of unlawful activity if the actor knowingly 
accepts or receives property that is represented to the actor to be the proceeds of 
unlawful activity.
(3)
A violation of Subsection 
(2)
 is a third degree felony.
(4)
Each act committed in violation of Subsection (2) that involves the movement of funds 
in excess of $10,000 is a separate violation under this section.
(5)
Under Subsection 
(2)
, knowledge that the property represents the proceeds of unlawful 
activity may be established by proof that a law enforcement officer or an individual 
acting at the request of a law enforcement officer made the representations and the 
actor's subsequent statements or actions indicate that the actor believed those 
representations to be true.
Section 321, Section 
76-9-1604
, which is renumbered from Section 76-10-1906 is renumbered 
and amended to read:
76-10-1906
76-9-1604
. Failure to report a financial transaction of more than 
$10,000.
(1)
(a)
A person engaged in a trade or business, except a financial institution, who 
receives more than $10,000 as described in Subsection 
(1)(b)
 shall complete and file 
with the State Bureau of Investigation the information required by 26 U.S.C. Sec. 
6050I, concerning returns relating to currency received in trade or business.
(b)
Subsection 
(1)(a)
 applies if the person described in Subsection 
(1)
 receives more 
than $10,000 in domestic or foreign currency:
(i)
in one transaction; or
(ii)
through two or more related transactions during one business day.
(c)
A person who knowingly and intentionally fails to comply with the reporting 
requirements of this Subsection 
(1)
 is:
(i)
on a first conviction, guilty of a class C misdemeanor; and
(ii)
on a second or subsequent conviction, guilty of a class A misdemeanor.
(d)
A person is guilty of a third degree felony who knowingly and intentionally violates 
this Subsection 
(1)
 and the violation is committed either:
(i)
in furtherance of the commission of any other violation of state law; or
(ii)
as part of a pattern of illegal activity involving transactions exceeding $100,000 
in any 12-month period.
(1)
Terms defined in Sections 
76-1-101.5
 and 
76-9-1601
 apply to this section.
(2)
An actor commits failure to report a financial transaction of more than $10,000 if the 
actor:
(a)
is engaged in a trade or business;
(b)
receives more than $10,000 in domestic or foreign currency:
(i)
in one transaction; or
(ii)
through two or more related transactions during one business day; and
(c)
intentionally or knowingly fails to complete and file with the State Bureau of 
Investigation the information required by 26 U.S.C. Sec. 6050I, concerning returns 
relating to currency received in trade or business.
(3)
(a)
Except as provided in Subsection (3)(b) or (c), a violation of Subsection (2) is a 
class C misdemeanor.
(b)
Except as provided in Subsection 
(3)(c)
, a violation of Subsection 
(2)
 is a class A 
misdemeanor if the actor has previously been convicted of violating this section.
(c)
A violation of Subsection (2) is a third degree felony if the violation is committed:
(i)
in furtherance of the commission of any other violation of state law; or
(ii)
as part of a pattern of illegal activity involving transactions exceeding $100,000 
in any 12-month period.
(2)
(4)
(a)
The State Bureau of Investigation and the Office of the Attorney General:
(i)
shall enforce compliance with Subsection 
(1)
(2)
; and
(ii)
are custodians of and have access to all information and documents filed under 
Subsection 
(1)
(2)
.
(b)
The information
Information filed by a trade or business in compliance with this 
section
 is confidential, except a law enforcement agency, county attorney, or district 
attorney, when establishing a clear need for the information for investigative 
purposes, shall have access to the information and shall maintain the information in a 
confidential manner except as otherwise provided by the Utah Rules of Criminal 
Procedure.
(5)
Under this section, each failure by an actor to file a report required under Subsection 
(2)
is a separate violation.
(6)
This section does not apply to a financial institution.
Section 322, Section 
76-9-1701
 is enacted to read:
17. Unlawful Use of a Laser Pointer
76-9-1701
. Definitions.
As used in this part:
(1)
"Aircraft" means the same as that term is defined in Section 
72-10-102
.
(2)
"Laser light" means light that is amplified by stimulated emission of radiation.
(3)
"Laser pointer" means any portable device that emits a visible beam of laser light that 
may be directed at an individual.
(4)
"Law enforcement officer" means an officer under Section 
53-13-103
.
Section 323, Section 
76-9-1702
, which is renumbered from Section 76-10-2501 is renumbered 
and amended to read:
76-10-2501
76-9-1702
. Unlawful use of a laser pointer against a motor vehicle.
(1)
As used in this section:
(a)
"Aircraft" means the same as that term is defined in Section 
72-10-102
.
(b)
"Laser light" means light that is amplified by stimulated emission of radiation.
(c)
"Laser pointer" means any portable device that emits a visible beam of laser light 
that may be directed at an individual.
(d)
"Law enforcement officer" means an officer under Section 
53-13-103
.
(1)
Terms defined in Sections 
76-1-101.5
 and 
76-9-1701
 apply to this section.
(2)
An actor commits unlawful use of a laser pointer 
against a motor vehicle 
if the actor 
directs a beam of laser light from a laser pointer at
:
 a moving motor vehicle or the 
occupants of a moving motor vehicle.
(a)
a moving motor vehicle or the occupants of a moving motor vehicle; 
(b)
one whom the actor knows or has reason to know is a law enforcement officer; or
(c)
an aircraft or the occupants of an aircraft.
(3)
It is an affirmative defense to a charge under Subsection (2)(b) that:
(a)
the law enforcement officer was:
(i)
not in uniform;
(ii)
not traveling in a vehicle identified as a law enforcement vehicle; and
(iii)
not otherwise engaged in an activity that would give the actor reason to know 
the law enforcement officer to be a law enforcement officer; and
(b)
the law enforcement officer was not otherwise known by the actor to be a law 
enforcement officer.
(4)
(a)
A violation of Subsection (2)(a) is an infraction. 
(b)
A violation of Subsection (2)(b) is a class C misdemeanor.
(c)
(i)
Except as provided in Subsection (4)(c)(ii) or (4)(c)(iii), a violation of 
Subsection (2)(c) is a class B misdemeanor.
(ii)
Except as provided in Subsection (4)(c)(iii), a violation of Subsection (2)(c) is a 
class A misdemeanor if the actor previously has been convicted of a violation of 
Subsection (2)(c).
(iii)
A violation of Subsection (2)(c) is a third degree felony if the actor's conduct 
causes an aircraft to crash or perform an emergency landing.
(3)
A violation of Subsection 
(2)
 is an infraction.
(5)
(4)
If the violation of this section constitutes an offense subject to a greater penalty 
under another provision of this title than is provided under this section, this section does 
not prohibit the prosecution and sentencing for the offense subject to a greater penalty.
Section 324, Section 
76-9-1703
 is enacted to read:
76-9-1703
. Unlawful use of a laser pointer against an aircraft.
(1)
Terms defined in Sections 
76-1-101.5
 and 
76-9-1701
 apply to this section.
(2)
An actor commits unlawful use of a laser pointer against an aircraft if the actor directs a 
beam of laser light from a laser pointer at an aircraft or the occupants of an aircraft.
(3)
(a)
Except as provided in Subsection 
(3)(b)
, a violation of Subsection 
(2)
 is a class B 
misdemeanor.
(b)
Except as provided in Subsection 
(3)(c)
, a violation of Subsection 
(2)
 is a class A 
misdemeanor if the actor previously has been convicted of a violation of Subsection 
(2)
.
(c)
A violation of Subsection 
(2)
 is a third degree felony if the actor's conduct causes an 
aircraft to crash or perform an emergency landing.
(4)
If the violation of this section constitutes an offense subject to a greater penalty under 
another provision of this title than is provided under this section, this section does not 
prohibit the prosecution and sentencing for the offense subject to a greater penalty.
Section 325, Section 
76-9-1704
 is enacted to read:
76-9-1704
. Unlawful use of a laser pointer against a law enforcement officer.
(1)
Terms defined in Sections 
76-1-101.5
 and 
76-9-1701
 apply to this section.
(2)
An actor commits unlawful use of a laser pointer against a law enforcement officer if 
the actor directs a beam of laser light from a laser pointer at an individual who the actor 
knows or has reason to know is a law enforcement officer.
(3)
A violation of Subsection 
(2)
 is a class C misdemeanor.
(4)
It is an affirmative defense to a charge under Subsection 
(2)
 that:
(a)
the law enforcement officer was:
(i)
not in uniform;
(ii)
not traveling in a vehicle identified as a law enforcement vehicle; and
(iii)
not otherwise engaged in an activity that would give the actor reason to know the 
law enforcement officer to be a law enforcement officer; and
(b)
the law enforcement officer was not otherwise known by the actor to be a law 
enforcement officer.
(5)
If the violation of this section constitutes an offense subject to a greater penalty under 
another provision of this title than is provided under this section, this section does not 
prohibit the prosecution and sentencing for the offense subject to a greater penalty.
Section 326, Section 
76-9-1801
 is enacted to read:
18. Litter and Recycling Violations
76-9-1801
. Definitions.
Reserved.
Section 327, Section 
76-9-1802
, which is renumbered from Section 76-10-2701 is renumbered 
and amended to read:
76-10-2701
76-9-1802
. Unlawful littering on land or waterway.
(1)
(a)
As used in this section, "litter" includes a glass bottle, glass, a nail, tack, wire, can, 
barbed wire, board, trash or garbage, paper or paper products, or any other substance 
that would or could mar or impair the scenic aspect or beauty of the land.
(b)
Terms defined in Sections 
76-1-101.5
 and 
76-9-1801
 apply to this section.
(2)
A person may not throw, deposit, or discard, or permit to be dropped, thrown, 
deposited, or discarded on any
An actor commits unlawful littering on land or waterway 
if the actor drops, throws, deposits, or discards, or permits to be dropped, thrown, 
deposited, or discarded, litter in a
 park, recreation area, or other public or private land, or 
waterway,
 any glass bottle, glass, nails, tacks, wire, cans, barbed wire, boards, trash or 
garbage, paper or paper products, or any other substance which would or could mar or 
impair the scenic aspect or beauty of the land in the state whether under private, state, 
county, municipal, or federal ownership
 without the permission of the owner or person 
having control or custody of the land
 or waterway
.
(3)
(a)
A violation of Subsection 
(2)
 is a class C misdemeanor and subject to a minimum 
fine of $100 for each violation.
(b)
The court may require the actor to participate in at least four hours of cleaning up:
(i)
litter caused by the actor's offense; and
(ii)
existing litter from a safe area designated by the court.
(2)
A person who drops, throws, deposits, or discards, or permits to be dropped, thrown, 
deposited, or discarded, on any park, recreation area, or other public or private land or 
waterway any destructive, injurious, or unsightly material shall:
(a)
immediately remove the material or cause it to be removed; and
(b)
deposit the material in a receptacle designed to receive the material.
(3)
A person distributing commercial handbills, leaflets, or other advertising shall take 
whatever measures are reasonably necessary to keep the material from littering public or 
private property.
(4)
A person removing a wrecked or damaged vehicle from a park, recreation area, or other 
public or private land shall remove any glass or other injurious substance dropped from 
the vehicle in the park, recreation area, or other public or private land.
(5)
A person in charge of a construction or demolition site shall take reasonable steps to 
prevent the accumulation of litter at the construction or demolition site.
(6)
A law enforcement officer as defined in Section 
53-13-103
, within the law enforcement 
officer's jurisdiction:
(a)
shall enforce the provisions of this section;
(b)
may issue citations to a person who violates any of the provisions of this section; and
(c)
may serve and execute all warrants, citations, and other processes issued by any 
court in enforcing this section.
(7)
An operator of a park, campground, trailer park, drive-in restaurant, gasoline service 
station, shopping center, grocery store parking lot, tavern parking lot, parking lots of 
industrial firms, marina, boat launching area, boat moorage and fueling station, public 
and private pier, beach, and bathing area shall maintain sufficient litter receptacles on 
the premises to accommodate the litter that accumulates.
(8)
(4)
A municipality within 
its
the municipality's
 corporate limits and a county outside 
of incorporated municipalities may enact local ordinances to carry out the provisions of 
this section.
Section 328, Section 
76-9-1803
 is enacted to read:
76-9-1803
. Unlawful failure to prevent advertising materials from becoming 
litter.
(1)
Terms defined in Sections 
76-1-101.5
 and 
76-9-1801
 apply to this section.
(2)
An actor commits unlawful failure to prevent advertising materials from becoming litter 
if the actor:
(a)
distributes commercial handbills, leaflets, or other advertising materials; and
(b)
fails to take measures that are reasonably necessary to keep the commercial 
handbills, leaflets, or other advertising materials from littering public or private 
property.
(3)
(a)
A violation of Subsection 
(2)
 is a class C misdemeanor and subject to a minimum 
fine of $100 for each violation.
(b)
The court may require the actor to participate in at least four hours of cleaning up:
(i)
litter caused by the actor's offense; and
(ii)
existing litter from a safe area designated by the court.
(4)
A municipality within the municipality's corporate limits and a county outside of 
incorporated municipalities may enact local ordinances to carry out the provisions of this 
section.
Section 329, Section 
76-9-1804
 is enacted to read:
76-9-1804
. Unlawful failure to remove injurious substance while removing a 
vehicle.
(1)
Terms defined in Sections 
76-1-101.5
 and 
76-9-1801
 apply to this section.
(2)
An actor commits unlawful failure to remove injurious substance while removing a 
vehicle if the actor:
(a)
removes a wrecked or damaged vehicle from a park, recreation area, or other public 
or private land; and
(b)
fails to remove glass or other injurious substance dropped from the vehicle in the 
park, recreation area, or other private or public land.
(3)
(a)
A violation of Subsection (2) is a class C misdemeanor and subject to a minimum 
fine of $100 for each violation.
(b)
The court may require the actor to participate in at least four hours of cleaning up:
(i)
the glass or other injurious substance dropped from the vehicle; and
(ii)
existing litter from a safe area designated by the court.
(4)
A municipality within the municipality's corporate limits and a county outside of 
incorporated municipalities may enact local ordinances to carry out the provisions of this 
section.
Section 330, Section 
76-9-1805
 is enacted to read:
76-9-1805
. Unlawful failure to prevent accumulation of litter at a construction 
or demolition site.
(1)
Terms defined in Sections 
76-1-101.5
 and 
76-9-1801
 apply to this section.
(2)
An actor commits unlawful failure to prevent accumulation of litter at a construction or 
demolition site if the actor:
(a)
is in charge of a construction or demolition site; and
(b)
fails to take reasonable steps to prevent the accumulation of litter at the construction 
or demolition site.
(3)
(a)
A violation of Subsection (2) is a class C misdemeanor and subject to a minimum 
fine of $100 for each violation.
(b)
The court may require the actor to participate in at least four hours of cleaning up:
(i)
the litter caused by the actor's offense; and
(ii)
existing litter from a safe area designated by the court.
(4)
A municipality within the municipality's corporate limits and a county outside of 
incorporated municipalities may enact local ordinances to carry out the provisions of this 
section.
Section 331, Section 
76-9-1806
 is enacted to read:
76-9-1806
. Unlawful failure to provide sufficient litter receptacles.
(1)
Terms defined in Sections 
76-1-101.5
 and 
76-9-1801
 apply to this section.
(2)
An actor commits unlawful failure to provide sufficient litter receptacles if the actor:
(a)
is an operator of a park, campground, trailer park, drive-in restaurant, gasoline 
service station, shopping center, grocery store parking lot, tavern parking lot, parking 
lot of an industrial firm, marina, boat launching area, boat moorage and fueling 
station, public or private pier, beach, or bathing area; and
(b)
fails to maintain sufficient litter receptacles on the premises to accommodate the 
litter that accumulates on the premises.
(3)
(a)
A violation of Subsection (2) is a class C misdemeanor and subject to a minimum 
fine of $100 for each violation.
(b)
The court may require the actor to participate in at least four hours of cleaning up:
(i)
the litter caused by the actor's offense; and
(ii)
existing litter from a safe area designated by the court.
(4)
A municipality within the municipality's corporate limits and a county outside of 
incorporated municipalities may enact local ordinances to carry out the provisions of this 
section.
Section 332, Section 
76-9-1807
, which is renumbered from Section 76-10-2101 is renumbered 
and amended to read:
76-10-2101
76-9-1807
. Unlawful misuse of a recycling bin.
(1)
(a)
As used in this section:
(a)
(i)
"Recycling" means the process of collecting materials diverted from the waste 
stream for reuse.
(b)
(ii)
"Recycling bin" means any receptacle made available to the public by a 
governmental entity or private business for the collection of any source-separated 
item for recycling purposes.
(b)
Terms defined in Sections 
76-1-101.5
 and 
76-9-1801
 apply to this section.
(2)
It is an infraction to place any
An actor commits unlawful misuse of a recycling bin if:
(a)
the actor places a 
prohibited item or substance in a recycling bin
; and
(b)
if the
the recycling
 bin is posted with the following information printed legibly in 
basic English:
(a)
(i)
a descriptive list of the items that may be deposited in the recycling bin, 
entitled in boldface capital letters: "ITEMS YOU MAY DEPOSIT IN THIS 
RECYCLING BIN:";
(b)
(ii)
at the end of the list in Subsection 
(2)(a)
,
(2)(b)(i),
 the following statement 
in boldface capital letters: "REMOVING FROM THIS BIN ANY ITEM THAT IS 
LISTED ABOVE AND THAT YOU DID NOT PLACE IN THE CONTAINER 
IS THE CRIMINAL OFFENSE OF THEFT, PUNISHABLE BY LAW.";
(c)
(iii)
the following statement in boldface capital letters: "DEPOSIT OF ANY 
OTHER ITEM IN THIS RECYCLING BIN IS AGAINST THE LAW.";
(d)
(iv)
the following statement in boldface capital letters, posted on the recycling 
collection container in close proximity to the 
other 
notices required under 
Subsections 
(2)(a)
, 
(b)
, and 
(c)
Subsection (2)(b)
: "PLACING ANY ITEM OR 
SUBSTANCE IN THIS RECYCLING BIN OTHER THAN THOSE ALLOWED 
IN THE LIST POSTED ON THIS BIN IS AN INFRACTION, PUNISHABLE 
BY A MAXIMUM FINE OF $750."; and
(e)
(v)
the name and telephone number of the entity that owns the recycling bin or is 
responsible for its placement and maintenance.
(3)
A violation of Subsection 
(2)
 is an infraction.
Section 333, Section 
76-9-1901
 is enacted to read:
19. Unlawful Contraband Compartment in a Vehicle
76-9-1901
. Definitions.
As used in this part:
(1)
(a)
"Compartment" means any box, container, space, or enclosure:
(i)
that is intended or designed to conceal, hide, or otherwise prevent the discovery of 
contraband; and
(ii)
that is within a vehicle or attached to a vehicle.
(b)
"Compartment" includes:
(i)
false, altered, or modified fuel tanks;
(ii)
original factory equipment of a vehicle that is modified, altered, or changed to 
accommodate or contain contraband; and
(iii)
a box, container, space, or enclosure that is fabricated, made, created from, or 
added to the existing structure of a vehicle.
(2)
(a)
"Contraband" means any property, item, or substance that is unlawful to produce 
or possess under state or federal law.
(b)
"Contraband" includes any cash or monetary instrument that is the proceeds of an 
unlawful activity under Subsection 
76-17-401(4)
.
(3)
"Motor vehicle" means the same as that term is defined in Section 
41-6a-102
.
(4)
"Semitrailer" means the same as that term is defined in Section 
41-6a-102
.
(5)
"Trailer" means the same as that term is defined in Section 
41-1a-102
.
(6)
"Vehicle" means a motor vehicle, a trailer, or a semitrailer.
Section 334, Section 
76-9-1902
, which is renumbered from Section 76-10-2801 is renumbered 
and amended to read:
76-10-2801
76-9-1902
. Vehicle compartment for contraband -- Penalties.
(1)
As used in this section:
(a)
(i)
"Compartment" means any box, container, space, or enclosure:
(A)
that is intended or designed to conceal, hide, or otherwise prevent the 
discovery of contraband; and
(B)
that is within a vehicle or attached to a vehicle.
(ii)
"Compartment" includes:
(A)
false, altered, or modified fuel tanks;
(B)
original factory equipment of a vehicle that is modified, altered, or changed 
to accommodate or contain contraband; and
(C)
a box, container, space, or enclosure that is fabricated, made, created from, or 
added to the existing structure of a vehicle.
(b)
(i)
"Contraband" means any property, item, or substance which is unlawful to 
produce or possess under state or federal law.
(ii)
"Contraband" includes any cash or monetary instrument that is the proceeds of 
an unlawful activity under Subsection 
76-10-1602(4)
.
(c)
"Motor vehicle" has the same meaning as in Section 
41-6a-102
.
(d)
"Semitrailer" has the same meaning as in Section 
41-6a-102
.
(e)
"Trailer" has the same meaning as in Section 
41-1a-102
.
(f)
"Vehicle" means a motor vehicle, a trailer, and a semitrailer.
(1)
Terms defined in Sections 
76-1-101.5
 and 
76-9-1901
 apply to this section.
(2)
It is a class A misdemeanor for a person to 
An actor commits unlawful possession, 
use, or control of a vehicle with a contraband compartment if the actor 
knowingly 
possess, use, or control
possesses, uses, or controls
 a vehicle 
which
that
 has a 
compartment with the intent to store, conceal, or transport contraband in the 
compartment.
(3)
It is a third degree felony for a person to facilitate the storage, concealment, or 
transportation of contraband by:
(a)
designing, constructing, building, altering, or fabricating a compartment for a 
vehicle;
(b)
installing or creating a compartment in a vehicle; or
(c)
attaching a compartment to a vehicle.
(3)
A violation of Subsection 
(2)
 is a class A misdemeanor.
(4)
The trier of fact may infer that 
a person
an actor
 intended to store, conceal, or transport 
contraband if
:
(a)
the 
person
actor
 possesses, uses, or controls a vehicle that has a compartment
,
;
 and 
(b)
the compartment contains:
(a)
(i)
contraband; or
(b)
(ii)
evidence of prior storage, concealment, or transportation of contraband.
Section 335, Section 
76-9-1903
 is enacted to read:
76-9-1903
. Unlawful creation, installation, or attachment of a contraband 
compartment.
(1)
Terms defined in Sections 
76-1-101.5
 and 
76-9-1901
 apply to this section.
(2)
An actor commits unlawful creation, installation, or attachment of a contraband 
compartment if the actor facilitates the storage, concealment, or transportation of 
contraband by:
(a)
designing, constructing, building, altering, or fabricating a compartment for a vehicle;
(b)
installing or creating a compartment in a vehicle; or
(c)
attaching a compartment to a vehicle.
(3)
A violation of Subsection 
(2)
 is a third degree felony.
(4)
The trier of fact may infer that an actor intends to store, conceal, or transport contraband 
if:
(a)
the actor possesses, uses, or controls a vehicle that has a compartment; and
(b)
the compartment contains:
(i)
contraband; or
(ii)
evidence of prior storage, concealment, or transportation of contraband.
Section 336, Section 
76-9-2001
 is enacted to read:
20. Unlawful Tattooing or Body Piercing of a Minor
76-9-2001
. Definitions.
As used in this part:
(1)
"Body piercing" means the creation of an opening in the body, excluding the ear, for the 
purpose of inserting jewelry or other decoration.
(2)
"Consent of a minor's parent or legal guardian" means the presence of a parent or legal 
guardian during the performance of tattooing or body piercing upon the minor after the 
parent or legal guardian has provided:
(a)
reasonable proof of personal identity and familial relationship; and
(b)
written permission signed by the parent or legal guardian authorizing the 
performance of tattooing or body piercing upon the minor.
(3)
"Minor" means a person younger than 18 years old who:
(a)
is not married; and
(b)
has not been declared emancipated by a court of law.
(4)
"Tattoo" means to fix an indelible mark or figure upon the body by inserting a pigment 
under the skin or by producing scars.
Section 337, Section 
76-9-2002
, which is renumbered from Section 76-10-2201 is renumbered 
and amended to read:
76-10-2201
76-9-2002
. Unlawful tattooing of a minor.
(1)
As used in this section:
(a)
"Body piercing" means the creation of an opening in the body, excluding the ear, for 
the purpose of inserting jewelry or other decoration.
(b)
"Consent of a minor's parent or legal guardian" means the presence of a parent or 
legal guardian during the performance of body piercing or tattooing upon the minor 
after the parent or legal guardian has provided:
(i)
reasonable proof of personal identity and familial relationship; and
(ii)
written permission signed by the parent or legal guardian authorizing the 
performance of body piercing or tattooing upon the minor.
(c)
"Minor" means a person younger than 18 years of age who:
(i)
is not married; and
(ii)
has not been declared emancipated by a court of law.
(d)
"Tattoo" means to fix an indelible mark or figure upon the body by inserting a 
pigment under the skin or by producing scars.
(2)
A person is guilty of unlawful body piercing of a minor if the person performs or offers 
to perform a body piercing:
(a)
upon a minor;
(b)
without receiving the consent of the minor's parent or legal guardian; and
(c)
for remuneration or in the course of a business or profession.
(3)
(1)
Terms defined in Sections 
76-1-101.5
 and 
76-9-2001
 apply to this section.
(2)
A person is guilty of 
Except as provided in Subsection (5), an actor commits 
unlawful 
tattooing of a minor if the 
person
actor
 performs or offers to perform a tattooing:
(a)
upon a minor;
(b)
without receiving the consent of the minor's parent or legal guardian; and
(c)
for remuneration or in the course of a business or profession.
(3)
A violation of Subsection 
(2)
 is a class B misdemeanor.
(4)
The owner or operator of a business in which a violation of Subsection (2) occurs is 
subject to a civil penalty of $1,000 for each violation.
(4)
(5)
A person
An actor
 is not guilty of 
violating 
Subsection 
(2)
or 
(3)
, 
if the 
person
actor
:
(a)
has no actual knowledge of the minor's age; and
(b)
reviews, photocopies, and retains the photocopy of an apparently valid driver license 
or other government-issued picture identification for the minor that expressly 
purports that the minor is 18 years 
of age
old
 or older before the 
person
actor
performs the 
body piercing or 
tattooing.
(5)
(a)
A person who violates Subsection 
(2)
 or 
(3)
 is guilty of a class B misdemeanor.
(b)
The owner or operator of a business in which a violation of Subsection 
(2)
 or 
(3)
occurs is subject to a civil penalty of $1,000 for each violation.
Section 338, Section 
76-9-2003
 is enacted to read:
76-9-2003
. Unlawful body piercing of a minor.
(1)
Terms defined in Sections 
76-1-101.5
 and 
76-9-2001
 apply to this section.
(2)
Except as provided in Subsection 
(5)
, an actor commits unlawful body piercing of a 
minor if the actor performs or offers to perform a body piercing:
(a)
upon a minor;
(b)
without receiving the consent of the minor's parent or legal guardian; and
(c)
for renumeration or in the course of a business or profession.
(3)
A violation of Subsection 
(2)
 is a class B misdemeanor.
(4)
The owner or operator of a business in which a violation of Subsection 
(2)
 occurs is 
subject to a civil penalty of $1,000 for each violation.
(5)
An actor is not guilty of violating Subsection 
(2)
 if the actor:
(a)
has no actual knowledge of the minor's age; and
(b)
reviews, photocopies, and retains the photocopy of an apparently valid driver license 
or other government-issued picture identification for the minor that expressly 
purports that the minor is 18 years old or older before the actor performs the body 
piercing.
Section 339, Section 
76-11-101
, which is renumbered from Section 76-10-501 is renumbered 
and amended to read:
11. WEAPONS
1. General Provisions
76-10-501
76-11-101
. Definitions.
As used in this 
part
chapter
:
(1)
(a)
"Antique firearm" means:
(i)
any firearm, including any firearm with a matchlock, flintlock, percussion cap, or 
similar type of ignition system, manufactured in or before 1898;
(ii)
a firearm that is a replica of any firearm described in this Subsection 
(1)(a)
, if the 
replica:
(A)
is not designed or redesigned for using rimfire or conventional centerfire fixed 
ammunition; or
(B)
uses rimfire or centerfire fixed ammunition which is:
(I)
no longer manufactured in the United States; and
(II)
is not readily available in ordinary channels of commercial trade; or
(iii)
(A)
that is a muzzle loading rifle, shotgun, or pistol; and
(B)
is designed to use black powder, or a black powder substitute, and cannot use 
fixed ammunition.
(b)
"Antique firearm" does not include:
(i)
a weapon that incorporates a firearm frame or receiver;
(ii)
a firearm that is converted into a muzzle loading weapon; or
(iii)
a muzzle loading weapon that can be readily converted to fire fixed ammunition 
by replacing the:
(A)
barrel;
(B)
bolt;
(C)
breechblock; or
(D)
any combination of Subsection 
(1)(b)(iii)(A)
, 
(B)
, or 
(C)
.
(2)
"Bureau" means the Bureau of Criminal Identification created in Section 
53-10-201
within the Department of Public Safety.
(3)
(a)
"Concealed firearm" means a firearm that is:
(i)
covered, hidden, or secreted in a manner that the public would not be aware of its 
presence; and
(ii)
readily accessible for immediate use.
(b)
A firearm that is unloaded and securely encased is not a concealed firearm for the 
purposes of this part.
(4)
"Criminal history background check" means a criminal background check conducted 
by a licensed firearms dealer on every purchaser of a handgun, except a Federal 
Firearms Licensee, through the bureau or the local law enforcement agency where the 
firearms dealer conducts business.
(5)
(4)
"Curio or relic firearm" means a firearm that:
(a)
is of special interest to a collector because of a quality that is not associated with 
firearms intended for:
(i)
sporting use;
(ii)
use as an offensive weapon; or
(iii)
use as a defensive weapon;
(b)
(i)
was manufactured at least 50 years before the current date; and
(ii)
is not a replica of a firearm described in Subsection 
(5)(b)(i)
(4)(b)(i)
;
(c)
is certified by the curator of a municipal, state, or federal museum that exhibits 
firearms to be a curio or relic of museum interest;
(d)
derives a substantial part of its monetary value:
(i)
from the fact that the firearm is:
(A)
novel;
(B)
rare; or
(C)
bizarre; or
(ii)
because of the firearm's association with an historical:
(A)
figure;
(B)
period; or
(C)
event; and
(e)
has been designated as a curio or relic firearm by the director of the United States 
Treasury Department Bureau of Alcohol, Tobacco, and Firearms under 27 C.F.R. 
Sec. 478.11.
(6)
(5)
(a)
"Dangerous weapon" means:
(i)
a firearm; or
(ii)
an object that in the manner of its use or intended use is capable of causing death 
or serious bodily injury.
(b)
The following factors are used in determining whether any object, other than a 
firearm, is a dangerous weapon:
(i)
the location and circumstances in which the object was used or possessed;
(ii)
the primary purpose for which the object was made;
(iii)
the character of the wound, if any, produced by the object's unlawful use;
(iv)
the manner in which the object was unlawfully used;
(v)
whether the manner in which the object is used or possessed constitutes a 
potential imminent threat to public safety; and
(vi)
the lawful purposes for which the object may be used.
(c)
"Dangerous weapon" does not include an explosive, chemical, or incendiary device 
as defined by Section 
76-10-306
76-15-210
.
(7)
(a)
"Dating relationship" means a romantic or intimate relationship between 
individuals.
(b)
"Dating relationship" does not include a casual acquaintanceship or ordinary 
fraternization in a business or social context.
(8)
"Dealer" means a person who is:
(a)
licensed under 18 U.S.C. Sec. 923; and
(b)
engaged in the business of selling, leasing, or otherwise transferring a handgun, 
whether the person is a retail or wholesale dealer, pawnbroker, or otherwise.
(9)
"Domestic violence" means the same as that term is defined in Section 
77-36-1
.
(10)
"Enter" means intrusion of the entire body.
(11)
"Federal Firearms Licensee" means a person who:
(a)
holds a valid Federal Firearms License issued under 18 U.S.C. Sec. 923; and
(b)
is engaged in the activities authorized by the specific category of license held.
(12)
(6)
(a)
"Firearm" means a pistol, revolver, shotgun, short barreled shotgun, rifle 
or short barreled rifle, or a device that could be used as a dangerous weapon from 
which is expelled a projectile by action of an explosive.
(b)
As used in Sections 
76-10-526
 and 
76-10-527
, "firearm" does not include an antique 
firearm.
(13)
"Firearms transaction record form" means a form created by the bureau to be 
completed by a person purchasing, selling, or transferring a handgun from a dealer in the 
state.
(14)
"Fully automatic weapon" means a firearm which fires, is designed to fire, or can be 
readily restored to fire, automatically more than one shot without manual reloading by a 
single function of the trigger.
(15)
(7)
(a)
"Handgun" means a pistol, revolver, or other firearm of any description, 
loaded or unloaded, from which a shot, bullet, or other missile can be discharged, the 
length of which, not including any revolving, detachable, or magazine breech, does 
not exceed 12 inches.
(b)
As used in Sections 
76-10-520
, 
76-10-521
, and 
76-10-522
, "handgun" and "pistol or 
revolver" do not include an antique firearm.
(16)
"House of worship" means a church, temple, synagogue, mosque, or other building set 
apart primarily for the purpose of worship in which religious services are held and the 
main body of which is kept for that use and not put to any other use inconsistent with its 
primary purpose.
(17)
"Machinegun firearm attachment" means any part or combination of parts added to a 
semiautomatic firearm that allows the firearm to fire as a fully automatic weapon.
(18)
(8)
"Prohibited area" means a place where it is unlawful to discharge a firearm.
(19)
"Readily accessible for immediate use" means that a firearm or other dangerous 
weapon is carried on the person or within such close proximity and in such a manner 
that it can be retrieved and used as readily as if carried on the person.
(20)
(9)
"Residence" means an improvement to real property used or occupied as a 
primary or secondary residence.
(21)
"Securely encased" means not readily accessible for immediate use, such as held in a 
gun rack, or in a closed case or container, whether or not locked, or in a trunk or other 
storage area of a motor vehicle, not including a glove box or console box.
(10)
(a)
"Short barreled rifle" means a rifle that has a barrel or barrels of fewer than 16 
inches in length.
(b)
"Short barreled rifle" includes a dangerous weapon made from a rifle by alteration, 
modification, or otherwise, if the weapon as modified has an overall length of fewer 
than 26 inches.
(22)
(11)
(a)
"Short barreled shotgun" 
or "short barreled rifle" 
means a shotgun 
having
that has
 a barrel or barrels of fewer than 18 inches in length
, or in the case of a rifle, 
having a barrel or barrels of fewer than 16 inches in length, 
.
(b)
or
"Short barreled shotgun" includes
 a dangerous weapon made from a 
rifle or 
shotgun by alteration, modification, or otherwise, if the weapon as modified has an 
overall length of fewer than 26 inches.
(23)
(12)
"Shotgun" means a smooth bore firearm designed to fire cartridges containing 
pellets or a single slug.
(24)
"Shoulder arm" means a firearm that is designed to be fired while braced against the 
shoulder.
(25)
"Single criminal episode" means the same as that term is defined in Section 
76-1-401
.
(26)
(13)
"Slug" means a single projectile discharged from a shotgun shell.
(27)
"State entity" means a department, commission, board, council, agency, institution, 
officer, corporation, fund, division, office, committee, authority, laboratory, library, unit, 
bureau, panel, or other administrative unit of the state.
(28)
(14)
"Violent felony" means the same as that term is defined in Section 
76-3-203.5
.
Section 340, Section 
76-11-102
, which is renumbered from Section 76-10-502 is renumbered 
and amended to read:
76-10-502
76-11-102
. When a weapon is deemed to be loaded.
(1)
For the purpose of this chapter, 
any pistol, revolver, shotgun, rifle, or other weapon 
described in this part shall be deemed to be
a firearm is considered to be
 loaded when 
there is an unexpended cartridge, shell, or projectile in the firing position.
(2)
Pistols and revolvers shall also be deemed to be
Handguns are also considered to be
loaded when an unexpended cartridge, shell, or projectile is in a position whereby the 
manual operation of any mechanism once would cause the unexpended cartridge, shell, 
or projectile to be fired.
(3)
A muzzle loading firearm 
shall be deemed to be
is considered
 loaded when 
it
the 
muzzle loading firearm
 is capped or primed and has a powder charge and ball or shot in 
the barrel or cylinders.
Section 341, Section 
76-11-201
 is enacted to read:
2. General Weapons Violations
76-11-201
. Definitions.
As used in this part:
(1)
"Enter" means intrusion of the entire body.
(2)
"Fully automatic weapon" means a firearm that fires, is designed to fire, or can be 
readily restored to fire, automatically more than one shot without manual reloading by a 
single function of the trigger.
(3)
"House of worship" means a church, temple, synagogue, mosque, or other building set 
apart primarily for the purpose of worship in which religious services are held and the 
main body of which is kept for that use and not put to any other use inconsistent with its 
primary purpose.
(4)
"Machinegun firearm attachment" means any part or combination of parts added to a 
semiautomatic firearm that allows the firearm to fire as a fully automatic weapon.
(5)
"Readily accessible for immediate use" means that a firearm or other dangerous weapon 
is carried on the person or within such close proximity and in such a manner that it can 
be retrieved and used as readily as if carried on the person.
(6)
"Securely encased" means not readily accessible for immediate use, such as held in a 
gun rack, or in a closed case or container, whether or not locked, or in a trunk or other 
storage area of a motor vehicle, not including a glove box or console box.
Section 342, Section 
76-11-202
, which is renumbered from Section 76-10-504 is renumbered 
and amended to read:
76-10-504
76-11-202
. Carrying a concealed firearm.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-11-101
, and 
76-11-201
 apply to this section.
(1)
(2)
Except as provided in Sections 
76-10-503
 and 
76-10-523
 and in Subsections 
(2)
, 
(3)
, and 
(4)
, a person who
An actor commits carrying a concealed firearm if the actor:
(a)
(i)
carries a concealed 
loaded or unloaded 
firearm
, as defined in Section 
76-10-501
, 
including an unloaded firearm on his or her
 on the actor's
 person
;
 or 
one
(ii)
has a loaded or unloaded firearm
 that is readily accessible for immediate use 
which is not securely encased
, as defined in this part, 
; and
(b)
is 
in or on a place other than the 
person's
actor's
 residence, property, a vehicle in the 
person's
actor's
 lawful possession, or a vehicle, with the consent of the individual 
who is lawfully in possession of the vehicle, or business under the 
person's
actor's
control
 is guilty of a class B misdemeanor
.
(2)
(3)
(a)
Except as provided in Subsections 
(3)
(b) and (c), a violation of Subsection 
(2)
is a class B misdemeanor.
(b)
A person who carries a
Except as provided in Subsection (3)(c), a violation of 
Subsection (2) is a class A misdemeanor if the
 concealed firearm 
that 
is
 a
 loaded 
firearm in
at the time of the
 violation
 of Subsection 
(1)
 is guilty of a class A 
misdemeanor
.
(3)
(c)
A person who carries concealed an 
A violation of Subsection 
(2)
 is a second 
degree felony if:
(i)
the concealed firearm is an 
unlawfully possessed short barreled shotgun or a short 
barreled rifle
 is guilty of a second degree felony.
; or
(4)
(ii)
If the concealed
the
 firearm
 that is concealed
 is used in the commission of a 
violent felony
 as defined in Section 
76-3-203.5
, and the 
person
actor
 is a party 
to the offense
, the person is guilty of a second degree felony
.
(5)
(4)
Nothing in Subsection 
(1)
 or 
(2)
 prohibits
This section does not:
(a)
a person
prohibit an individual
 engaged in the lawful taking of protected or 
unprotected wildlife as defined in 
Title 23A, Wildlife Resources Act
, from carrying a 
concealed firearm 
as long as
if
 the taking of wildlife does not occur:
(a)
(i)
within the limits of a municipality in violation of that municipality's 
ordinances; or
(b)
(ii)
upon the highways of the state as defined in Section 
41-6a-102
.
; or
(b)
apply to an individual who is a restricted person under Section 
76-11-302
 and may 
not possess a firearm in any manner or location and is subject to the penalties 
described in Part 3, Persons Restricted Regarding Dangerous Weapons.
Section 343, Section 
76-11-203
, which is renumbered from Section 76-10-505 is renumbered 
and amended to read:
76-10-505
76-11-203
. Carrying a loaded firearm in a vehicle or on a street.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-11-101
, and 
76-11-201
 apply to this section.
(1)
(2)
Unless otherwise authorized by law, a person may not carry a loaded firearm
An 
actor commits carrying a loaded firearm in a vehicle or on a street if the actor carries a 
loaded firearm
:
(a)
in or on a vehicle, unless:
(i)
the vehicle is in the person's lawful possession; or
(ii)
the 
person
actor
 is carrying the loaded firearm in a vehicle with the consent of 
the 
person
individual
 lawfully in possession of the vehicle;
(b)
on a public street; or
(c)
in a posted prohibited area.
(3)
A violation of Subsection 
(2)
 is a class B misdemeanor.
(2)
(4)
Subsection 
(1)(a)
(2)(a)
 does not apply to a minor under 18 years 
of age
old
, 
since a minor under 18 years 
of age
old
 may not carry a loaded firearm in or on a 
vehicle.
(3)
(5)
Notwithstanding Subsections 
(1)(a)(i)
 and 
(ii)
(2)(a)(i) and (ii)
, and Subsection 
76-10-523(5)
, a person
53-5a-108(5)
, an actor
 may not possess a loaded rifle, shotgun, 
or muzzle-loading rifle in a vehicle.
(4)
A violation of this section is a class B misdemeanor.
Section 344, Section 
76-11-204
, which is renumbered from Section 76-10-505.5 is renumbered 
and amended to read:
76-10-505.5
76-11-204
. Possession of a dangerous weapon on or about school 
premises.
(1)
(a)
As used in this section, "on or about school premises" means:
(a)
(i)
(i)
(A)
in a public or private elementary or secondary school; or
(ii)
(B)
on the grounds of any of those schools;
(b)
(ii)
(i)
(A)
in a public or private institution of higher education; or
(ii)
(B)
on the grounds of a public or private institution of higher education; or
(c)
(iii)
(i)
(A)
inside the building where a preschool or child care is being held, 
if the entire building is being used for the operation of the preschool or child 
care; or
(ii)
(B)
if only a portion of a building is being used to operate a preschool or 
child care, in that room or rooms where the preschool or child care operation is 
being held.
(b)
Terms defined in Sections 
76-1-101.5
, 
76-11-101
, and 
76-11-201
 apply to this 
section.
(2)
An actor 
who
commits possession of a dangerous weapon on or about school premises 
if the actor:
(a)
is 18 years old or older
; and
(b)
may not possess
possesses
 a dangerous weapon
, firearm, or short barreled shotgun
at a place that the actor knows, or has reasonable cause to believe, is on or about 
school premises.
(3)
(a)
Possession of a dangerous weapon on or about school premises
Except as 
provided in Subsection (3)(b), a violation of Subsection 
(2)
 is a class B misdemeanor.
(b)
Possession of a firearm or short barreled shotgun on or about school premises
A 
violation of Subsection (2)
 is a class A misdemeanor
 if the dangerous weapon 
possessed by the actor is a firearm
.
(4)
This section does not apply if:
(a)
the actor is authorized to possess a firearm as described in Section 
53-5-704
, 
53-5-705
, 
76-10-511
53-5a-102.3
, or 
76-10-523
53-5a-108
, or as otherwise 
authorized by law;
(b)
the actor is authorized to possess a firearm as described in Section 
53-5-704.5
, unless 
the actor is in a location where the actor is prohibited from carrying a firearm under 
Subsection 
53-5-710
(2);
(c)
the possession is approved by the responsible school administrator;
(d)
the item is present or to be used in connection with a lawful, approved activity and is 
in the possession or under the control of the actor responsible for the item's 
possession or use; 
(e)
the actor is an armed school security guard as described in Section 
53G-8-704
; or
(f)
the possession is:
(i)
at the actor's place of residence or on the actor's property; or
(ii)
in any vehicle lawfully under the actor's control, other than a vehicle owned by 
the school or used by the school to transport students.
(5)
This section does not
:
(a)
prohibit prosecution of a more serious weapons offense that may occur on or about 
school premises;
(b)
prevent an actor from securely storing a firearm on the grounds of a school if the 
actor:
(i)
participates in: 
(A)
the school guardian program created in Section 
53-22-105
; 
and
or
(B)
the Educator-Protector Program created in Section 
53-22-107
; and
(ii)
complies with the requirements for securely storing the firearm described in 
Subsection 
53-22-107(5)(a)
; or
(c)
prohibit the prosecution of possession of a dangerous weapon by a minor, as 
described in Section 
76-10-509.4
76-11-209
, that occurs on or about school 
premises.
Section 345, Section 
76-11-205
, which is renumbered from Section 76-10-506 is renumbered 
and amended to read:
76-10-506
76-11-205
. Threatening with or using a dangerous weapon in a fight 
or a quarrel.
(1)
(a)
As used in this section:
(a)
(i)
"Dangerous weapon" means an item that in the manner of its use or intended 
use is capable of causing death or serious bodily injury. The following factors 
shall be used in determining whether an item, object, or thing is a dangerous 
weapon:
(i)
(A)
the character of the instrument, object, or thing;
(ii)
(B)
the character of the wound produced, if any; and
(iii)
(C)
the manner in which the instrument, object, or thing was exhibited or 
used.
(b)
(ii)
"Threatening manner" does not include:
(i)
(A)
the possession of a dangerous weapon, whether visible or concealed, 
without additional behavior which is threatening; or
(ii)
(B)
informing another of the actor's possession of a deadly weapon to prevent 
what the actor reasonably perceives as a possible use of unlawful force by the 
other and the actor is not engaged in any activity described in Subsection 
76-2-402(3)(a)
.
(b)
Terms defined in Sections 
76-1-101.5
, 
76-11-101
, and 
76-11-201
 apply to this 
section.
(2)
Except as otherwise provided in Section 
76-2-402
 and for an individual described in 
Section 
76-10-503
, an individual who, in the presence of two or more individuals, and 
not amounting to a violation of Section 
76-5-103
, 
An actor commits threatening with or 
using a dangerous weapon in a fight or a quarrel if the actor:
(a)
draws or exhibits a dangerous weapon in an angry and threatening manner
;
 or 
(b)
unlawfully uses a dangerous weapon in a fight or quarrel
 is guilty of a class A 
misdemeanor
.
(3)
A violation of Subsection 
(2)
 is a class A misdemeanor.
(4)
This section does not apply to
:
(a)
an individual who, reasonably believing the action to be necessary in compliance 
with Section 
76-2-402
, with purpose to prevent another's use of unlawful force:
(a)
(i)
threatens the use of a dangerous weapon; or
(b)
(ii)
draws or exhibits a dangerous weapon
.
;
(4)
This section does not apply to
(b)
an individual listed in Subsections 
76-10-523(1)(a)
 through 
(f)
53-5a-108(1)(a)
through (f)
 in performance of the individual's duties
; or
(c)
an individual who is a restricted person under Section 
76-11-302
 and may not 
possess a firearm in any manner or location and is subject to the penalties described 
in Part 3, Persons Restricted Regarding Dangerous Weapons
.
Section 346, Section 
76-11-206
, which is renumbered from Section 76-10-507 is renumbered 
and amended to read:
76-10-507
76-11-206
. Possession of a dangerous weapon with criminal intent.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-11-101
, and 
76-11-201
 apply to this section.
(2)
Every person having upon his person any
An actor commits possession of a 
dangerous weapon with criminal intent if the actor possesses a
 dangerous weapon with 
the 
intent to use 
it
the dangerous weapon
 to commit a criminal offense
.
(3)
 is guilty of
A violation of Subsection (2) is
 a class A misdemeanor.
Section 347, Section 
76-11-207
, which is renumbered from Section 76-10-508 is renumbered 
and amended to read:
76-10-508
76-11-207
. Improper discharging of a dangerous weapon.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-11-101
, and 
76-11-201
 apply to this section.
(2)
An actor commits improper discharging of a dangerous weapon if the actor discharges a 
dangerous weapon:
(a)
An individual may not discharge a dangerous weapon or firearm:
(i)
(a)
from 
an automobile or other
a
 vehicle;
(ii)
(b)
from, upon, or across a highway;
(iii)
(c)
at a road sign placed 
upon a highway of the
on a
 state
 highway
;
(iv)
(d)
at communications equipment or property of public utilities including facilities, 
lines, poles, or devices of transmission or distribution;
(v)
(e)
at railroad equipment or facilities including a sign or signal;
(vi)
(f)
within a Utah State Park building, designated camp or picnic sites, overlooks, 
golf courses, boat ramps, and developed beaches; or
(vii)
(g)
without written permission to discharge the dangerous weapon from the owner 
or person in charge of the property within 600 feet of:
(A)
(i)
a house, dwelling, or 
any 
other building; or
(B)
(ii)
any
a
 structure in which a domestic animal is kept or fed, including a barn, 
poultry yard, corral, feeding pen, or stockyard.
(b)
It is a defense to any charge for violating this section that the individual being 
accused had actual permission of the owner or person in charge of the property at the 
time in question.
(2)
(3)
A violation of 
any provision 
of Subsection 
(1)
(2)
 is a class B misdemeanor.
(3)
(4)
In addition to any other penalties, the court shall:
(a)
notify the Driver License Division of the conviction for purposes of any revocation, 
denial, suspension, or disqualification of a driver license under Subsection 
53-3-220(1)(a)(xi)
; and
(b)
specify in court at the time of sentencing the length of the revocation under 
Subsection 
53-3-225(1)(c)
.
(4)
(5)
This section does not apply to an 
individual
actor
 who:
(a)
discharges a firearm 
when that individual is 
in 
the 
lawful defense of 
self
the actor
or 
others
other individuals
;
(b)
is performing official duties as provided in Section 
23A-5-202
 and Subsections 
76-10-523(1)(a)
53-5a-108(1)(a)
 through 
(f)
 and as otherwise provided by law; or
(c)
discharges a dangerous weapon or firearm from an automobile or other vehicle, if:
(i)
the discharge occurs at a firing range or training ground;
(ii)
at no time after the discharge does the projectile that is discharged cross over or 
stop at a location other than within the boundaries of the firing range or training 
ground described in Subsection 
(4)(c)(i)
;
(5)(c)(i);
(iii)
the discharge is made as practice or training for a lawful purpose;
(iv)
the discharge and the location, time, and manner of the discharge are approved 
by the owner or operator of the firing range or training ground before the 
discharge; and
(v)
the discharge is not made in violation of Subsection 
(1)
(2)
.
(d)
It is a defense to a charge for violating this section that the actor had actual 
permission of the person in charge of the property at the time the actor discharged the 
dangerous weapon as described in Subsection (2).
Section 348, Section 
76-11-208
, which is renumbered from Section 76-10-508.1 is renumbered 
and amended to read:
76-10-508.1
76-11-208
. Felony discharge of a firearm.
(1)
(a)
As used in this section, "habitable structure" means the same as that term is 
defined in Section 
76-6-101
.
(b)
Terms defined in Sections 
76-1-101.5
, 
76-11-101
, and 
76-11-201
 apply to this 
section.
(1)
(2)
Except as provided under Subsection 
(2)
 or 
(3)
, an individual who discharges a 
firearm is guilty of a third degree felony punishable by imprisonment for a term of not 
less than three years nor more than five years
An actor commits felony discharge of a 
firearm
 if:
(a)
the actor discharges a firearm in the direction of 
one or more individuals
an 
individual
, knowing or having reason to believe that 
any
an
 individual may be 
endangered by the discharge of the firearm;
(b)
the actor, with intent to intimidate or harass another 
individual 
or with intent to 
damage a habitable structure
 as defined in Section 
76-6-101
, discharges a firearm in 
the direction of 
any
an
 individual or habitable structure; or
(c)
the actor, with intent to intimidate or harass another
 individual
, discharges a firearm 
in the direction of 
any
a
 vehicle.
(2)
A violation of Subsection 
(1)
 that causes bodily injury to any individual is a second 
degree felony punishable by imprisonment for a term of not less than three years nor 
more than 15 years.
(3)
A violation of Subsection 
(1)
 that causes serious bodily injury to any individual is a 
first degree felony.
(3)
(a)
Except as provided in Subsection (3)(b) or (c), a violation of Subsection (2) is a 
third degree felony punishable by a term of imprisonment of not less than three years 
nor more than five years.
(b)
Except as provided in Subsection (3)(c), a violation of Subsection (2) that causes 
bodily injury to any individual is a second degree felony punishable by imprisonment 
for a term of not less than three years nor more than 15 years.
(c)
A violation of Subsection (2) that causes serious bodily injury to an individual is a 
first degree felony.
(4)
In addition to any other penalties for a violation of this section, the court shall:
(a)
notify the Driver License Division of the conviction for purposes of any revocation, 
denial, suspension, or disqualification of a driver license under Subsection 
53-3-220(1)(a)(xi)
; and
(b)
specify in court at the time of sentencing the length of the revocation under 
Subsection 
53-3-225(1)(c)
.
(5)
This section does not apply to an 
individual
actor
:
(a)
who discharges a firearm 
when that individual is 
in 
the 
lawful defense of 
self
the 
actor
 or 
others
another individual
;
(b)
who is performing official duties as provided in Section 
23A-5-202
 or Subsections 
76-10-523(1)(a)
 through 
(f)
53-5a-108(1)(a)
 through (f)
 or as otherwise authorized 
by law; or
(c)
who discharges a dangerous weapon or firearm from an automobile or other vehicle, 
if:
(i)
the discharge occurs at a firing range or training ground;
(ii)
at no time after the discharge does the projectile that is discharged cross over or 
stop at a location other than within the boundaries of the firing range or training 
ground described in Subsection 
(5)(c)(i)
;
(iii)
the discharge is made as practice or training for a lawful purpose;
(iv)
the discharge and the location, time, and manner of the discharge are approved 
by the owner or operator of the firing range or training ground before the 
discharge; and
(v)
the discharge is not made in violation of Subsection 
(1)
(2)
.
Section 349, Section 
76-11-209
, which is renumbered from Section 76-10-509.4 is renumbered 
and amended to read:
76-10-509.4
76-11-209
. Possession of a dangerous weapon by a minor.
(1)
(a)
As used in this section, "responsible adult" means an individual:
(a)
(i)
who is 18 years old or older; and
(b)
(ii)
who may lawfully possess a dangerous weapon.
(b)
Terms defined in Sections 
76-1-101.5
, 
76-11-101
, and 
76-11-201
 apply to this 
section.
(2)
An actor 
who is under 18 years old may not possess a dangerous weapon.
commits 
possession of a dangerous weapon by a minor if the actor:
(a)
is under 18 years old; and
(b)
possesses a dangerous weapon.
(3)
(a)
Except as provided in Subsection (3)(b), a violation of Subsection (2) is:
(i)
a class B misdemeanor for a first offense; and
(ii)
a class A misdemeanor for each subsequent offense.
(b)
A violation of Subsection (2) is a third degree felony if the dangerous weapon is:
(i)
a handgun;
(ii)
a short barreled rifle;
(iii)
a short barreled shotgun;
(iv)
a fully automatic weapon; or
(v)
a machinegun firearm attachment.
(4)
For an actor who is younger than 14 years old, this section does not apply if the actor:
(a)
possesses a dangerous weapon;
(b)
has permission from the actor's parent or guardian to possess the dangerous weapon;
(c)
is accompanied by the actor's parent or guardian, or a responsible adult, while the 
actor has the dangerous weapon in the actor's possession; and
(d)
does not use the dangerous weapon in the commission of a crime.
(5)
For an actor who is 14 years old or older but younger than 18 years old, this section 
does not apply if the actor:
(a)
possesses a dangerous weapon;
(b)
has permission from the actor's parent or guardian to possess the dangerous weapon; 
and
(c)
does not use the dangerous weapon in the commission of a crime.
(6)
This section does not apply to the following minors who are otherwise complying with 
Subsection (4) or (5):
(a)
a minor who is a patron at an amusement park, pier, or similar location and is 
possessing a firearm to participate in lawfully operated target concessions if the 
firearm to be used is firmly chained or affixed to the counters;
(b)
a minor attending a hunter's safety course or a firearms safety course and possessing 
a weapon as part of the course;
(c)
a minor using a firearm at an established range or other area where the discharge of a 
firearm is not prohibited by state or local law;
(d)
a minor participating in an organized competition involving the use of a firearm, or 
practicing for the competition;
(e)
a minor who is on real property with the permission of the owner, licensee, or lessee 
of the property and who has the permission of a parent or legal guardian or the 
owner, licensee, or lessee to possess a firearm not otherwise in violation of law;
(f)
a minor who has a valid hunting license and is possessing a firearm to lawfully 
engage in hunting; or
(g)
a minor traveling to or from an activity described in Subsections (6)(a) through (f) 
with an unloaded firearm in the minor's possession.
Section 350, Section 
76-11-210
, which is renumbered from Section 76-10-509.5 is renumbered 
and amended to read:
76-10-509.5
76-11-210
. Providing an illegal weapon to a minor.
(1)
Any person who provides a handgun to a minor when the possession of the handgun by 
the minor is a violation of Section 
76-10-509.4
 is guilty of:
(a)
a class B misdemeanor upon the first offense; and
(b)
a class A misdemeanor for each subsequent offense.
(2)
Any person who transfers in violation of applicable state or federal law a short barreled 
rifle, short barreled shotgun, or fully automatic weapon to a minor is guilty of a third 
degree felony.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-11-101
, and 
76-11-201
 apply to this section.
(2)
An actor commits providing an illegal weapon to a minor if:
(a)
the actor provides a handgun to a minor and the minor's possession of the handgun 
would be a violation of Section 
76-11-209
, Possession of a dangerous weapon by a 
minor; or
(b)
the actor transfers or provides, in violation of applicable state or federal law, a short 
barreled rifle, short barreled shotgun, or fully automatic weapon to a minor.
(3)
(a)
A violation of Subsection (2)(a) is:
(i)
a class B misdemeanor upon the first offense; and
(ii)
a class A misdemeanor for each subsequent offense.
(b)
A violation of Subsection (2)(b) is a third degree felony.
Section 351, Section 
76-11-211
, which is renumbered from Section 76-10-509.6 is renumbered 
and amended to read:
76-10-509.6
76-11-211
. Parent or guardian providing a firearm to a violent 
minor.
(1)
A parent or guardian may not intentionally or knowingly provide a firearm to, or 
permit the possession of a firearm by, any minor who has been convicted of a violent 
felony as defined in Section 
76-3-203.5
 or any minor who has been adjudicated in 
juvenile court for an offense which would constitute a violent felony if the minor were 
an adult.
(2)
Any person who violates this section is guilty of:
(a)
a class A misdemeanor upon the first offense; and
(b)
a third degree felony for each subsequent offense.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-11-101
, and 
76-11-201
 apply to this section.
(2)
An actor commits the offense of a parent or guardian providing a firearm to a violent 
minor if:
(a)
the actor intentionally or knowingly provides a firearm to, or permits the possession 
of a firearm by, a minor;
(b)
the minor is the actor's biological or adopted child or the actor is the legal guardian 
of the minor; and
(c)
the minor has previously been:
(i)
convicted of a violent felony; or
(ii)
adjudicated in juvenile court for an offense which would constitute a violent 
felony if the minor were an adult.
(3)
A violation of Subsection (2) is:
(a)
a class A misdemeanor upon the first offense; and
(b)
a third degree felony for each subsequent offense.
Section 352, Section 
76-11-212
, which is renumbered from Section 76-10-509.7 is renumbered 
and amended to read:
76-10-509.7
76-11-212
. Parent or guardian knowing a minor is in possession of 
a dangerous weapon.
Any parent or guardian of a minor who knows that the minor is in possession of a 
dangerous weapon in violation of Section
76-10-509.4
 and fails to make reasonable efforts to 
remove the dangerous weapon from the minor's possession is guilty of a class B misdemeanor.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-11-101
, and 
76-11-201
 apply to this section.
(2)
An actor commits the offense of a parent or guardian knowing a minor is in possession 
of a dangerous weapon if:
(a)
the actor knows a minor is in possession of a deadly weapon in violation of Section 
76-11-209
, Possession of a dangerous weapon by a minor;
(b)
the minor is the actor's biological or adopted child or the actor is the legal guardian 
of the minor; and 
(c)
the actor fails to make reasonable efforts to remove the dangerous weapon from the 
minor's possession.
(3)
A violation of Subsection (2) is a class B misdemeanor.
Section 353, Section 
76-11-213
, which is renumbered from Section 76-10-509.9 is renumbered 
and amended to read:
76-10-509.9
76-11-213
. Selling a firearm to a minor.
(1)
A person may not sell any firearm to a minor under 18 years of age unless the minor is 
accompanied by a parent or guardian.
(2)
Any person who violates this section is guilty of a third degree felony.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-11-101
, and 
76-11-201
 apply to this section.
(2)
An actor commits selling a firearm to a minor if:
(a)
the actor sells a firearm to a minor; and
(b)
at the time the actor sells the weapon to the minor, the minor is not accompanied by 
a parent of the minor or a legal guardian of the minor.
(3)
A violation of Subsection (2) is a third degree felony.
Section 354, Section 
76-11-214
, which is renumbered from Section 76-10-528 is renumbered 
and amended to read:
76-10-528
76-11-214
. Carrying a dangerous weapon while under influence of 
alcohol or drugs.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-11-101
, and 
76-11-201
 apply to this section.
(2)
It is a class B misdemeanor for an actor to carry
An actor commits carrying
 a 
dangerous weapon while under the influence of
 alcohol or drugs if the actor
:
(a)
carries a dangerous weapon; and
(b)
is under the influence of:
(a)
(i)
alcohol as determined by the actor's blood or breath alcohol concentration in 
accordance with Subsections 
41-6a-502(1)(a)
 through 
(c)
; or
(b)
(ii)
a controlled substance as defined in Section 
58-37-2
.
(2)
(3)
A violation of Subsection (2) is a class B misdemeanor.
(4)
This section does not apply to:
(a)
an actor carrying a dangerous weapon that is either securely encased, as defined in 
this part, or not within such close proximity and in such a manner that 
it
the 
dangerous weapon
 can be retrieved and used as readily as if carried on the person;
(b)
an actor who uses or threatens to use force in compliance with Section 
76-2-402
;
(c)
an actor carrying a dangerous weapon in the actor's residence or the residence of 
another 
individual 
with the consent of the individual who is lawfully in possession
 of 
the residence
;
(d)
an actor under the influence of cannabis or a cannabis product, as those terms are 
defined in Section 
26B-4-201
, if the actor's use of the cannabis or cannabis product 
complies with 
Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical 
Cannabis
; or
(e)
an actor who:
(i)
has a valid prescription for a controlled substance;
(ii)
takes the controlled substance described in Subsection 
(2)(e)(i)
(4)(e)(i) 
as 
prescribed; and
(iii)
after taking the controlled substance, the actor:
(A)
is not a danger to the actor or another individual; or
(B)
is capable of safely handling a dangerous weapon.
(3)
(5)
It is not a defense to prosecution under this section that the actor:
(a)
is licensed in the pursuit of wildlife of any kind; or
(b)
has a valid permit to carry a concealed firearm.
Section 355, Section 
76-11-215
, which is renumbered from Section 76-10-529 is renumbered 
and amended to read:
76-10-529
76-11-215
. Possession of a dangerous weapon in an airport secure 
area -- Reporting requirements.
(1)
(a)
As used in this section:
(i)
"Airport authority" has the same meaning as defined in Section 
72-10-102
.
(ii)
"Explosive" is the same as defined for "explosive, chemical, or incendiary 
device" in Section 
76-10-306
76-15-210
.
(iii)
"Law enforcement officer" means the same as that term is defined in Section 
53-13-103
.
(b)
Terms defined in Sections 
76-1-101.5
 and 
76-10-501
76-1-101.5
, 
76-11-101
, and 
76-11-201
 apply to this section.
(2)
(a)
Within a secure area of an airport established pursuant to this section, an actor, 
including an actor licensed to carry a concealed firearm under Title 53, Chapter 5, 
Part 7, Concealed Firearm Act, is guilty of:
(i)
a class A misdemeanor if the actor knowingly or intentionally possesses a firearm 
or other dangerous weapon;
(ii)
subject to Subsection (5), an infraction if the actor recklessly or with criminal 
negligence possesses a firearm or other dangerous weapon; or
(iii)
a violation of Section 
76-10-306
 if the actor transports, possesses, distributes, or 
sells an explosive, chemical, or incendiary device.
(b)
Subsection (2)(a) does not apply to:
(i)
individuals exempted under Section 
76-10-523
; and
(ii)
a member of the state or federal military forces while engaged in the 
performance of the member's official duties.
(3)
(2)
Except as provided in Subsection (4), an actor commits possession of a dangerous 
weapon in an airport secure area if the actor, including an actor who has a concealed 
firearm permit issued under Title 53, Chapter 5, Part 7, Concealed Firearm Act:
(a)
knowingly or intentionally possesses a dangerous weapon within the secure area of 
an airport established under Subsection (5); or
(b)
recklessly or with criminal negligence possesses a dangerous weapon within the 
secure area of an airport established under Subsection (5).
(3)
(a)
A violation of Subsection (2)(a) is a class A misdemeanor.
(b)
Subject to Subsection (6), a violation of Subsection (2)(b) is an infraction.
(4)
Subsection (2) does not apply to:
(a)
an individual exempted from certain weapons laws as described in Section 
53-5a-108
; 
or
(b)
a member of the state or federal military forces while engaged in the performance of 
the member's official duties.
(5)
An airport authority, county, municipality, or other entity regulating an airport may:
(a)
establish a secure area located beyond the main area where the public generally buys 
tickets, checks and retrieves luggage; and
(b)
use reasonable means, including mechanical, electronic, x-ray, or another device, to 
detect firearms, other dangerous weapons, or explosives concealed in baggage or 
upon the person of an individual attempting to enter the secure area.
(4)
(6)
At least one notice shall be prominently displayed at each entrance to a secure area 
in which a firearm, other dangerous weapon, or explosive is restricted.
(7)
An actor who transports, possesses, distributes, or sells an explosive, chemical, or 
incendiary device within the secure area of an airport commits a violation of Section 
76-15-210
.
(5)
(8)
(a)
An actor who violates Subsection 
(2)(a)(ii)
(2)(b)
 on a first offense may 
receive a written warning for the offense and may not receive a citation or any other 
form of punishment.
(b)
An actor who violates Subsection 
(2)(a)(ii)
(2)(b)
 on a second or subsequent offense 
may receive a written warning or a citation.
(6)
(9)
(a)
Except as provided in Subsection 
(6)(d)
(9)(d)
, if a law enforcement officer 
issues a citation to an actor for an infraction as a result of the actor's conduct 
described in Subsection 
(2)(a)(ii)
(2)(b)
, or provides an oral or written warning for 
that conduct, the law enforcement officer shall:
(i)
if the law enforcement officer is able to confirm that the actor may lawfully 
possess the 
firearm or other 
dangerous weapon, allow the actor, at the actor's 
option, to:
(A)
temporarily surrender custody of the
 firearm or other
 dangerous weapon into 
the custody of the law enforcement agency so that the
 firearm or other
dangerous weapon may be retrieved by the actor at a later date; or
(B)
exit the secure area of the airport with the
 firearm or other
 dangerous 
weapon; or
(ii)
if the law enforcement officer is unable to confirm that the actor may lawfully 
possess the
 firearm or other
 dangerous weapon, or the airport authority under 
Subsection 
(6)(d)
(9)(d)
 prohibits the procedure described in Subsection 
(6)(a)(i)
(9)(a)(i)
, take temporary custody of the
 firearm or other
 dangerous weapon so 
that the
 firearm or other
 dangerous weapon may be retrieved by the actor at a 
later date if legally permitted to do so.
(b)
If a law enforcement officer takes temporary custody of a
 firearm or other
dangerous weapon under Subsection 
(6)(a)
(9)(a)
:
(i)
at the time the
 firearm or other
 dangerous weapon is obtained from the actor, the 
law enforcement officer, or another law enforcement officer, or an employee who 
works in the secure area of the airport, shall provide the actor with written 
instructions on how, when, and where the actor may retrieve the actor's 
firearm or 
other 
dangerous weapon; and
(ii)
within three business days from the time when the law enforcement officer 
receives the
 firearm or other
 dangerous weapon, the law enforcement agency 
shall determine whether the actor is legally permitted to possess the
 firearm or 
other
 dangerous weapon, and if so, ensure that the
 firearm or other 
dangerous 
weapon is available for the actor to retrieve.
(c)
An unclaimed
 firearm or other
 dangerous weapon that is surrendered into the 
custody of a law enforcement agency under this Subsection 
(6)
(9)
 may be disposed 
of pursuant to Section 
77-11d-105
, disposition of unclaimed property.
(d)
An airport authority may implement a policy that prohibits the law enforcement 
agency with jurisdiction over the airport from utilizing the procedure described in 
Subsection 
(6)(a)(i)
(9)(a)(i)
.
(7)
(10)
(a)
An actor's firearm that is confiscated based on a violation of Subsection 
(2)(a)(i)
(2)(a)
 shall be returned to the actor in accordance with Subsection 
77-11a-402
(1)(b)
.
(b)
In accordance with Subsection 
77-11b-102
(5), a firearm seized under Subsection 
(2)(a)(i)
(2)(a)
 is not subject to forfeiture if the actor may lawfully possess the 
firearm.
(c)
In a prosecution brought under this section, a prosecutor may not condition a plea on 
the forfeiture of a firearm.
(8)
(11)
An airport authority, county, municipality, or other entity regulating an airport or 
with local jurisdiction over an airport may not:
(a)
charge, cite, or prosecute an actor with a different offense under the Utah Code, local 
ordinance, or another state or local law or regulation for conduct described in 
Subsection 
(2)(a)(ii)
(2)(b)
;
(b)
assess a civil penalty for conduct described in Subsection 
(2)(a)(i) or (ii)
(2)
; or
(c)
enact a regulation, ordinance, or law covering conduct described in Subsection (2).
(9)
(12)
A law enforcement agency that issues a written warning, citation, or referral for 
prosecution under this section shall record and report the information as required under 
Section 
53-25-103
.
Section 356, Section 
76-11-216
, which is renumbered from Section 76-10-530 is renumbered 
and amended to read:
76-10-530
76-11-216
. Trespass with a firearm in a house of worship or a 
private residence.
(1)
A person, including a person licensed to carry a concealed firearm pursuant to 
Title 53, 
Chapter 5, Part 7, Concealed Firearm Act
, after notice has been given as provided in 
Subsection 
(2)
 that firearms are prohibited, may not knowingly and intentionally:
(a)
transport a firearm into:
(i)
a house of worship; or
(ii)
a private residence; or
(b)
while in possession of a firearm, enter or remain in:
(i)
a house of worship; or
(ii)
a private residence.
Terms defined in Sections 
76-1-101.5
, 
76-11-101
, and 
76-11-201
 apply to this section.
(2)
An actor, including an actor licensed to carry a concealed firearm pursuant to Title 53, 
Chapter 5, Part 7, Concealed Firearm Act, commits trespass with a firearm in a house of 
worship or a private residence if the actor:
(a)
has been given notice as described in Subsection (4) that firearms are prohibited in a 
house of worship or a private residence; and
(b)
knowingly and intentionally:
(i)
transports a firearm into the house of worship or private residence; or
(ii)
while in possession of a firearm, enters or remains in the house of worship or 
private residence.
(3)
A violation of Subsection (2) is an infraction.
(2)
(4)
Notice that firearms are prohibited may be given by:
(a)
personal communication to the actor by:
(i)
the church or organization operating the house of worship;
(ii)
the owner, lessee, or person with lawful right of possession of the private 
residence; or
(iii)
a person with authority to act for the person or entity in Subsections 
(2)(a)(i)
(4)(a)(i)
 and 
(ii)
;
(b)
posting of signs reasonably likely to come to the attention of persons entering the 
house of worship or private residence;
(c)
announcement, by a person with authority to act for the church or organization 
operating the house of worship, in a regular congregational meeting in the house of 
worship;
(d)
publication in a bulletin, newsletter, worship program, or similar document generally 
circulated or available to the members of the congregation regularly meeting in the 
house of worship; or
(e)
publication:
(i)
in a newspaper of general circulation in the county in which the house of worship 
is located or the church or organization operating the house of worship has its 
principal office in this state; and
(ii)
as required in Section 
45-1-101
.
(3)
(5)
A church or organization operating a house of worship and giving notice that 
firearms are prohibited may:
(a)
revoke the notice, with or without supersedure, by giving further notice in any 
manner provided in Subsection 
(2)
(4)
; and
(b)
provide or allow exceptions to the prohibition as the church or organization 
considers advisable.
(4)
(6)
(a)
(i)
Within 30 days of giving or revoking any notice pursuant to Subsection 
(2)(c)
(4)(c)
, 
(d)
, or 
(e)
, a church or organization operating a house of worship 
shall notify the division on a form and in a manner as the division shall prescribe.
(ii)
The division shall post on 
its
the division's
 website a list of the churches and 
organizations operating houses of worship who have given notice under 
Subsection 
(4)(a)(i)
(6)(a)(i)
.
(b)
Any notice given pursuant to Subsection 
(2)(c)
(4)(c)
, 
(d)
, or 
(e)
 shall remain in 
effect until revoked or for a period of one year from the date the notice was originally 
given, whichever occurs first.
(5)
(7)
Nothing in this section permits
This section does not permit
 an owner who has 
granted the lawful right of possession to a renter or lessee to restrict the renter or lessee 
from lawfully possessing a firearm in the residence.
(6)
A violation of this section is an infraction.
Section 357, Section 
76-11-301
 is enacted to read:
3. Persons Restricted Regarding Dangerous Weapons 
76-11-301
. Definitions.
As used in this part:
(1)
"Adjudicated" means a judgment has been entered against a minor for an offense by a 
juvenile court under Section 
80-6-701
.
(2)
"Controlled substance" means the same as that term is defined in Section 
58-37-2
.
(3)
(a)
"Dating relationship" means a romantic or intimate relationship between 
individuals.
(b)
"Dating relationship" does not include a casual acquaintanceship or ordinary 
fraternization in a business or social context.
(4)
"Dealer" means a person who is:
(a)
licensed under 18 U.S.C. Sec. 923; and
(b)
engaged in the business of selling, leasing, or otherwise transferring a firearm, 
whether the person is a retail or wholesale dealer, pawnbroker, or otherwise.
(5)
"Domestic violence" means the same as that term is defined in Section 
77-36-1
.
(6)
"Single criminal episode" means the same as that term is defined in Section 
76-1-401
.
Section 358, Section 
76-11-302
, which is renumbered from Section 76-10-503 is renumbered 
and amended to read:
76-10-503
76-11-302
. Restrictions on possession, purchase, transfer, and 
ownership of dangerous weapons by certain persons -- Exceptions.
(1)
For purposes of this section:
(a)
A Category I restricted person is a person who:
(i)
has been convicted of a violent felony;
(ii)
is on probation or parole for a felony;
(iii)
is on parole from secure care, as defined in Section 
80-1-102
;
(iv)
within the last 10 years has been adjudicated 
under Section 
80-6-701
for an 
offense which if committed by an adult would have been a violent felony
 as 
defined in Section 
76-3-203.5
;
(v)
is an alien who is illegally or unlawfully in the United States; or
(vi)
is on probation for a conviction of possessing:
(A)
a 
substance classified in Section 
58-37-4
 as a 
Schedule I or II controlled 
substance;
(B)
a controlled substance analog; or
(C)
a substance listed in Section 
58-37-4.2
.
(b)
A Category II restricted person is a person who:
(i)
has been convicted of:
(A)
a domestic violence offense that is a felony;
(B)
a felony that is not a domestic violence offense or a violent felony and within 
seven years after completing the sentence for the conviction, has been 
convicted of or charged with another felony or class A misdemeanor;
(C)
multiple felonies that are part of a single criminal episode and are not 
domestic violence offenses or violent felonies and within seven years after 
completing the sentence for the convictions, has been convicted of or charged 
with another felony or class A misdemeanor; or
(D)
multiple felonies that are not part of a single criminal episode;
(ii)
(A)
within the last seven years has completed a sentence for:
(I)
a conviction for a felony that is not a domestic violence offense or a violent 
felony; or
(II)
convictions for multiple felonies that are part of a single criminal episode 
and are not domestic violence offenses or violent felonies; and
(B)
within the last seven years and after the completion of a sentence for a 
conviction described in Subsection 
(1)(b)(ii)(A)
, has not been convicted of or 
charged with another felony or class A misdemeanor;
(iii)
within the last seven years has been adjudicated delinquent for an offense which 
if committed by an adult would have been a felony;
(iv)
is an unlawful user of a controlled substance
 as defined in Section 
58-37-2
;
(v)
is in possession of a dangerous weapon and is knowingly and intentionally in 
unlawful possession of a Schedule I or II controlled substance
 as defined in 
Section 
58-37-2
;
(vi)
has been found not guilty by reason of insanity for a felony offense;
(vii)
has been found mentally incompetent to stand trial for a felony offense;
(viii)
has been adjudicated as mentally defective as provided in the Brady Handgun 
Violence Prevention Act, Pub. L. No. 103-159, 107 Stat. 1536 (1993), or has been 
committed to a mental institution;
(ix)
has been dishonorably discharged from the armed forces;
(x)
has renounced the individual's citizenship after having been a citizen of the 
United States;
(xi)
is a respondent or defendant subject to a protective order or child protective order 
that is issued after a hearing for which the respondent or defendant received actual 
notice and at which the respondent or defendant has an opportunity to participate, 
that restrains the respondent or defendant from harassing, stalking, threatening, or 
engaging in other conduct that would place an intimate partner, as defined in 18 
U.S.C. Sec. 921, or a child of the intimate partner, in reasonable fear of bodily 
injury to the intimate partner or child of the intimate partner, and that:
(A)
includes a finding that the respondent or defendant represents a credible threat 
to the physical safety of an individual who meets the definition of an intimate 
partner in 18 U.S.C. Sec. 921 or the child of the individual; or
(B)
explicitly prohibits the use, attempted use, or threatened use of physical force 
that would reasonably be expected to cause bodily harm against an intimate 
partner or the child of an intimate partner; or
(xii)
except as provided in Subsection 
(1)(d)
, has been convicted of the commission 
or attempted commission of misdemeanor assault under Section 
76-5-102
 or 
aggravated assault under Section 
76-5-103
 against an individual:
(A)
who is a current or former spouse, parent, or guardian;
(B)
with whom the restricted person shares a child in common;
(C)
who is cohabitating or has cohabitated with the restricted person as a spouse, 
parent, or guardian;
(D)
involved in a dating relationship with the restricted person within the last five 
years; or
(E)
similarly situated to a spouse, parent, or guardian of the restricted person.
(c)
(i)
As used in this section, a conviction of a felony or adjudication of delinquency 
for an offense which would be a felony if committed by an adult does not include:
(A)
a conviction or an adjudication under Section 
80-6-701
 for an offense 
pertaining to antitrust violations, unfair trade practices, restraint of trade, or 
other similar offenses relating to the regulation of business practices not 
involving theft or fraud; or
(B)
a conviction or an adjudication under Section 
80-6-701
 which, in accordance 
with the law of the jurisdiction in which the conviction or adjudication 
occurred, has been expunged, set aside, reduced to a misdemeanor by court 
order, pardoned or regarding which the person's civil rights have been restored 
unless the pardon, reduction, expungement, or restoration of civil rights 
expressly provides that the person may not ship, transport, possess, or receive 
firearms.
(ii)
As used in this section, a conviction for misdemeanor assault under Subsection 
(1)(b)(xii)
, does not include a conviction which, in accordance with the law of the 
jurisdiction in which the conviction occurred, has been expunged, set aside, 
reduced to an infraction by court order, pardoned, or regarding which the person's 
civil rights have been restored, unless the pardon, reduction, expungement, or 
restoration of civil rights expressly provides that the person may not ship, 
transport, possess, or receive firearms.
(iii)
It is the burden of the defendant in a criminal case to provide evidence that a 
conviction or an adjudication under Section 
80-6-701
 is subject to an exception 
provided in this Subsection 
(1)(c)
, after which it is the burden of the state to prove 
beyond a reasonable doubt that the conviction or the adjudication is not subject to 
that exception.
(d)
A person is not a restricted person for a conviction under Subsection 
(1)(b)(xii)(D)
 if:
(i)
five years have elapsed from the later of:
(A)
the day on which the conviction is entered;
(B)
the day on which the person is released from incarceration following the 
conviction; or
(C)
the day on which the person's probation for the conviction is successfully 
terminated;
(ii)
the person only has a single conviction for misdemeanor assault as described in 
Subsection 
(1)(b)(xii)(D)
; and
(iii)
the person is not otherwise a restricted person under Subsection 
(1)(a)
 or 
(b)
.
(2)
A Category I restricted person who intentionally or knowingly agrees, consents, offers, 
or arranges to purchase, transfer, possess, use, or have under the person's custody or 
control, or who intentionally or knowingly purchases, transfers, possesses, uses, or has 
under the person's custody or control:
(a)
a firearm is guilty of a second degree felony; or
(b)
a dangerous weapon other than a firearm is guilty of a third degree felony.
(3)
A Category II restricted person who intentionally or knowingly purchases, transfers, 
possesses, uses, or has under the person's custody or control:
(a)
a firearm is guilty of a third degree felony; or
(b)
a dangerous weapon other than a firearm is guilty of a class A misdemeanor.
(4)
A person may be subject to the restrictions of both categories at the same time.
(5)
A Category I or Category II restricted person may not use an antique firearm for an 
activity regulated under 
Title 23A, Wildlife Resources Act
.
(6)
If a higher penalty than is prescribed in this section is provided in another section for 
one who purchases, transfers, possesses, uses, or has under this custody or control a 
dangerous weapon, the penalties of that section control.
(7)
It is an affirmative defense to a charge based on the definition in Subsection 
(1)(b)(v)
that the person was:
(a)
in possession of a controlled substance pursuant to a lawful order of a practitioner for 
use of a member of the person's household or for administration to an animal owned 
by the person or a member of the person's household; or
(b)
otherwise authorized by law to possess the substance.
(8)
(a)
It is an affirmative defense to transferring a firearm or other dangerous weapon by 
a person restricted under Subsection 
(2)
 or 
(3)
 that the firearm or dangerous weapon:
(i)
was possessed by the person or was under the person's custody or control before 
the person became a restricted person;
(ii)
was not used in or possessed during the commission of a crime or subject to 
disposition under Section 
Title 77, Chapter 11a, Part 4, Disposal of Seized 
Property and Contraband
;
(iii)
is not being held as evidence by a court or law enforcement agency;
(iv)
was transferred to a person not legally prohibited from possessing the weapon; 
and
(v)
unless a different time is ordered by the court, was transferred within 10 days of 
the person becoming a restricted person.
(b)
Subsection 
(8)(a)
 is not a defense to the use, purchase, or possession on the person of 
a firearm or other dangerous weapon by a restricted person.
(9)
(a)
A person may not sell, transfer, or otherwise dispose of a firearm or dangerous 
weapon to a person, knowing that the recipient is a person described in Subsection 
(1)(a)
 or 
(b)
.
(b)
A person who violates Subsection 
(9)(a)
 when the recipient is:
(i)
a person described in Subsection 
(1)(a)
 and the transaction involves a firearm, is 
guilty of a second degree felony;
(ii)
a person described in Subsection 
(1)(a)
 and the transaction involves a dangerous 
weapon other than a firearm, and the transferor has knowledge that the recipient 
intends to use the weapon for any unlawful purpose, is guilty of a third degree 
felony;
(iii)
a person described in Subsection 
(1)(b)
 and the transaction involves a firearm, is 
guilty of a third degree felony; or
(iv)
a person described in Subsection 
(1)(b)
 and the transaction involves a dangerous 
weapon other than a firearm, and the transferor has knowledge that the recipient 
intends to use the weapon for an unlawful purpose, is guilty of a class A 
misdemeanor.
(10)
(a)
A person may not knowingly solicit, persuade, encourage or entice a dealer or 
other person to sell, transfer or otherwise dispose of a firearm or dangerous weapon 
under circumstances which the person knows would be a violation of the law.
(b)
A person may not provide to a dealer or other person information that the person 
knows to be materially false information with intent to deceive the dealer or other 
person about the legality of a sale, transfer or other disposition of a firearm or 
dangerous weapon.
(c)
"Materially false information" means information that portrays an illegal transaction 
as legal or a legal transaction as illegal.
(d)
A person who violates this Subsection 
(10)
 is guilty of:
(i)
a third degree felony if the transaction involved a firearm; or
(ii)
a class A misdemeanor if the transaction involved a dangerous weapon other than 
a firearm.
(11)
(a)
It is not a violation of Subsection 
(2)
 or (3) for an actor who is a restricted person 
to own, possess, or have under the actor's custody or control, archery equipment, 
including crossbows, for the purpose of lawful hunting and lawful target shooting.
(b)
Notwithstanding Subsection (11)(a), this section applies if the owning, possessing, or 
having under the actor's custody or control of archery equipment, including 
crossbows, is prohibited by:
(i)
a court, as a condition of pre-trial release or probation; or
(ii)
the Board of Pardons and Parole, as a condition of parole.
Section 359, Section 
76-11-309
, which is renumbered from Section 76-10-503.1 is renumbered 
and amended to read:
76-10-503.1
76-11-309
. Firearm restriction notification requirement for 
restricted persons.
(1)
As used in this section:
(a)
"Peace officer" means an officer described Section 
53-13-102
.
(b)
"Possess" means actual physical possession, actual or purported ownership, or 
exercising control of an item.
(c)
"Restricted person" means an individual who is restricted from possessing, 
purchasing, transferring, or owning a firearm under Section 
76-10-503
76-11-302
.
(2)
A defendant intending to plead guilty or no contest to a criminal charge that will, upon 
conviction, cause the defendant to become a restricted person shall, before entering a 
plea before a court, sign an acknowledgment that states:
(a)
the defendant's attorney or the prosecuting attorney has informed the defendant:
(i)
that conviction of the charge will classify the defendant as a restricted person;
(ii)
that a restricted person may not possess a firearm; and
(iii)
of the criminal penalties associated with possession of a firearm by a restricted 
person of the same category the defendant will become upon entering a plea for 
the criminal charge; and
(b)
the defendant acknowledges and understands that, by pleading guilty or no contest to 
the criminal charge, the defendant:
(i)
will be a restricted person;
(ii)
upon conviction, shall forfeit possession of each firearm currently possessed by 
the defendant; and
(iii)
will be in violation of federal and state law if the defendant possesses a firearm.
(3)
The prosecuting attorney or the defendant's attorney shall provide the acknowledgment 
described in Subsection 
(2)
 to the court before the defendant's entry of a plea, if the 
defendant pleads guilty or no contest.
(4)
A defendant who is convicted by trial of a criminal charge resulting in the defendant 
becoming a restricted person shall, at the time of sentencing:
(a)
be verbally informed by the court, prosecuting attorney, or defendant's attorney:
(i)
that the defendant is a restricted person;
(ii)
that, as a restricted person, the defendant may not possess a firearm; and
(iii)
of the criminal penalties associated with possession of a firearm by a restricted 
person of the defendant's category; and
(b)
sign an acknowledgment in the presence of the court attesting that the defendant 
acknowledges and understands that the defendant:
(i)
is a restricted person;
(ii)
shall forfeit possession of each firearm; and
(iii)
will be in violation of federal and state law if the defendant possesses a firearm.
(5)
The prosecuting attorney and the defendant's attorney shall inform the court at the 
preliminary hearing if a charge filed against the defendant would qualify the defendant 
as a restricted person if the defendant is convicted of the charge.
(6)
The failure to inform or obtain a signed acknowledgment from the defendant may not 
render the plea invalid, form the basis for withdrawal of the plea, or create a basis to 
challenge a conviction or sentence.
(7)
An individual who becomes a restricted person as a result of being served with a pretrial 
protective order in accordance with Section 
78B-7-803
, a sentencing protective order in 
accordance with Section 
77-36-5
, or a continuous protective order in accordance with 
Section 
77-36-5
, shall, at the time of service of the protective order:
(a)
be verbally informed by the court, prosecuting attorney, defendant's attorney, or, if a 
peace officer is serving the protective order, the peace officer:
(i)
that the individual is a restricted person;
(ii)
that, as a restricted person, the individual may not possess a firearm; and
(iii)
of the criminal penalties associated with possession of a firearm by a restricted 
person of the individual's category; and
(b)
sign, in the presence of the court or, if a peace officer serves the protective order, in 
the presence of the peace officer, an acknowledgment contained within the protective 
order document attesting that the individual acknowledges and understands that the 
individual:
(i)
is a restricted person;
(ii)
is required to relinquish possession of each firearm;
(iii)
will be in violation of federal and state law if the individual possesses a firearm; 
and
(iv)
may be eligible for an affirmative defense to a state-law prosecution for 
possession of a firearm under Section 
76-10-503
76-11-302
 if the individual 
lawfully transfers the individual's firearms within 10 days of becoming a restricted 
person.
Section 360, Section 
76-11-310
, which is renumbered from Section 76-10-532 is renumbered 
and amended to read:
76-10-532
76-11-310
. Removal from National Instant Check System database 
for certain restricted persons.
(1)
A person who is subject to the restrictions in Subsection 
76-10-503(1)(b)(vi)
, 
(vii)
, or 
(viii)
76-11-302(1)(b)(vi)
, (vii), or (viii)
, or 18 U.S.C. 922(d)(4) and (g)(4) based on a 
commitment, finding, or adjudication that occurred in this state may petition the district 
court in the county in which the commitment, finding, or adjudication occurred to 
remove the disability imposed.
(2)
The petition shall be filed in the district court in the county where the commitment, 
finding, or adjudication occurred. The petition shall include:
(a)
a listing of facilities, with their addresses, where the petitioner has ever received 
mental health treatment;
(b)
a release signed by the petitioner to allow the prosecutor or county attorney to obtain 
the petitioner's mental health records;
(c)
a verified report of a mental health evaluation conducted by a licensed psychiatrist 
occurring within 30 days prior to the filing of the petition, which shall include a 
statement regarding:
(i)
the nature of the commitment, finding, or adjudication that resulted in the 
restriction on the petitioner's ability to purchase or possess a dangerous weapon;
(ii)
the petitioner's previous and current mental health treatment;
(iii)
the petitioner's previous violent behavior, if any;
(iv)
the petitioner's current mental health medications and medication management;
(v)
the length of time the petitioner has been stable;
(vi)
external factors that may influence the petitioner's stability;
(vii)
the ability of the petitioner to maintain stability with or without medication; and
(viii)
whether the petitioner is dangerous to public safety; and
(d)
a copy of the petitioner's state and federal criminal history record.
(3)
The petitioner shall serve the petition on the prosecuting entity that prosecuted the case 
or, if the disability is not based on a criminal case, on the county or district attorney's 
office having jurisdiction where the petition was filed and the individual who filed the 
original action which resulted in the disability.
(4)
(a)
The court shall schedule a hearing as soon as practicable
. The
 in which the
petitioner may present evidence and subpoena witnesses to appear at the hearing. 
(b)
The prosecuting, county attorney, or the individual who filed the original action 
which resulted in the disability may object to the petition and present evidence in 
support of the objection.
(5)
The court shall consider the following evidence:
(a)
the facts and circumstances that resulted in the commitment, finding, or adjudication;
(b)
the 
person's
petitioner's
 mental health and criminal history records; and
(c)
the 
person's
petitioner's
 reputation, including the testimony of character witnesses.
(6)
The court shall grant the relief if the court finds by clear and convincing evidence that:
(a)
the 
person
petitioner
 is not a danger to the 
person
petitioner
 or to 
others
another 
individual
;
(b)
the 
person
petitioner
 is not likely to act in a manner dangerous to public safety; and
(c)
the requested relief would not be contrary to the public interest.
(7)
The court shall issue an order with its findings and send a copy to the bureau.
(8)
(a)
The bureau, upon receipt of a court order removing a 
person's
petitioner's
disability under Subsection 
76-10-503(1)(b)(viii)
76-11-302(1)(b)(viii)
, shall send a 
copy of the court order to the National Instant Check System requesting removal of 
the 
person's
petitioner's
 name from the database. 
(b)
In addition
 to the action described in Subsection 
(8)(a)
, if the 
person
petitioner
 is 
listed in a state database utilized by the bureau to determine eligibility for the 
purchase or possession of a firearm or to obtain a concealed firearm permit, the 
bureau shall remove the petitioner's name or send a copy of the court's order to the 
agency responsible for the database for removal of the petitioner's name.
(9)
If the court denies the petition, the petitioner may not petition again for relief until at 
least two years after the date of the court's final order.
(10)
The petitioner may appeal a denial of the requested relief
. The
 and the
 review on 
appeal shall be de novo.
Section 361, Section 
76-12-101
 is enacted to read:
12. OFFENSES RELATED TO PRIVACY, INFORMATION, AND 
COMMUNICATION
1. General Provisions
76-12-101
. Definitions.
Reserved.
Section 362, Section 
76-12-201
 is enacted to read:
2. Electronic Communication Abuse
76-12-201
. Definitions.
As used in this part:
(1)
(a)
"Adult" means an individual 18 years old or older.
(b)
"Adult" does not include an individual who is 18 years old and enrolled in high 
school.
(2)
(a)
"Electronic communication" means a communication by electronic, 
electro-mechanical, or electro-optical communication device for the transmission and 
reception of audio, image, or text.
(b)
"Electronic communication" does not include a broadcast transmission or a similar 
communication that is not targeted at a specific individual.
(3)
"Electronic communication device" includes a telephone, a facsimile machine, 
electronic mail, a pager, a computer, or another device or medium that can be used to 
communicate electronically.
(4)
(a)
"Minor" means an individual who is younger than 18 years old.
(b)
"Minor" includes an individual who is 18 years old and enrolled in high school.
Section 363, Section 
76-12-202
, which is renumbered from Section 76-9-201 is renumbered 
and amended to read:
76-9-201
76-12-202
. Electronic communication harassment.
(1)
As used in this section:
(a)
(i)
"Adult" means an individual 18 years old or older.
(ii)
"Adult" does not include an individual who is 18 years old and enrolled in high 
school.
(b)
"Electronic communication" means a communication by electronic, 
electro-mechanical, or electro-optical communication device for the transmission and 
reception of audio, image, or text but does not include broadcast transmissions or 
similar communications that are not targeted at a specific individual.
(c)
"Electronic communication device" includes a telephone, a facsimile machine, 
electronic mail, a pager, a computer, or another device or medium that can be used to 
communicate electronically.
(d)
(i)
"Minor" means an individual who is younger than 18 years old.
(ii)
"Minor" includes an individual who is 18 years old and enrolled in high school.
(e)
"Minor victim" means a minor who is a victim of a violation of Subsection (4).
(f)
"Personal identifying information" means the same as that term is defined in Section 
76-6-1101
.
Terms defined in Sections 
76-1-101.5
, 
76-12-101
, and 
76-12-201
 apply 
to this section
.
(2)
Except to the extent 
the person's
an actor's
 conduct constitutes an offense under 
Section 
76-9-203
, a person is guilty of
76-12-206
, an actor commits
 electronic 
communication harassment 
and subject to prosecution in the jurisdiction where the 
communication originated or was received 
if
,
 with intent to intimidate, abuse, threaten, 
harass, frighten, or disrupt the electronic communications of another, the 
person
actor
:
(a)
(i)
makes repeated contact by means of electronic communications, regardless of 
whether a conversation ensues; or
(ii)
after the recipient has requested or informed the 
person
actor
 not to contact the 
recipient, and the 
person
actor
 repeatedly or continuously:
(A)
contacts the electronic communication device of the recipient; or
(B)
causes an electronic communication device of the recipient to ring or to 
receive other notification of attempted contact by means of electronic 
communication;
(b)
makes contact by means of electronic communication and insults, taunts, or 
challenges the recipient of the communication or any person at the receiving location 
in a manner likely to provoke a violent or disorderly response;
(c)
makes contact by means of electronic communication and threatens to inflict injury, 
physical harm, or damage to any person or the property of any person; or
(d)
causes disruption, jamming, or overload of an electronic communication system 
through excessive message traffic or other means utilizing an electronic 
communication device.
(3)
A person is guilty of electronic communication harassment if the person:
(a)
electronically publishes, posts, or otherwise discloses personal identifying 
information of another individual in a public online site or forum with the intent to 
abuse, threaten, or disrupt the other individual's electronic communication and 
without the other individual's permission; or
(b)
sends a communication by electronic mail, instant message, or other similar means, 
if:
(i)
the communication references personal identifying information of another 
individual; 
(ii)
the person sends the communication:
(A)
without the individual's consent; and
(B)
with the intent to cause a recipient of the communication to reasonably 
believe that the individual authorized or sent the communication; and
(iii)
with the intent to:
(A)
cause an individual physical, emotional, or economic injury or damage; or
(B)
defraud an individual.
(4)
A person is guilty of electronic communication harassment if:
(a)
the person:
(i)
is an adult;
(ii)
electronically publishes, posts, or otherwise discloses in a public online site or 
forum personal identifying information of a minor who is unrelated by blood, 
marriage, or adoption to the person; and
(iii)
knows of, but consciously disregards, a substantial and unjustifiable risk that 
performing the action described in Subsection (4)(a)(ii) will result in the minor 
being the victim of an offense described in Title 76, Chapter 5, Offenses Against 
the Individual; and
(b)
the minor described in Subsection (4)(a)(ii) is aware of the person's action described 
in Subsection (4)(a)(ii).
(5)
(3)
(a)
Except as provided in Subsection 
(5)(b)
(3)(b)
, a violation of Subsection (2) 
or (3) 
is a class B misdemeanor.
(b)
A second or subsequent violation of Subsection (2)
 or (3)
 is a class A misdemeanor.
(c)
A violation of Subsection (4) is a class A misdemeanor.
(6)
(4)
(a)
Except as provided 
under
in
 Subsection 
(6)(b)
(4)(b)
, 
a 
criminal 
prosecution under this section does not affect an individual's right to bring a civil 
action for damages suffered as a result of the commission of an offense under this 
section.
(b)
This section does not create a civil cause of action based on electronic 
communications made for 
a 
legitimate business 
purposes
purpose
.
(7)
(a)
A minor victim has a civil right of action against an actor who violates 
Subsection (4).
(b)
A minor victim who brings a successful civil action under Subsection (7)(a) is 
entitled to recover from the actor:
(i)
damages resulting from the violation of Subsection (4);
(ii)
reasonable attorney fees; and
(iii)
court costs.
(5)
A violation of this section is subject to prosecution in the jurisdiction in which the 
electronic communication originated or was received.
Section 364, Section 
76-12-203
 is enacted to read:
76-12-203
. Unlawful electronic disclosure of personal identifying information.
(1)
(a)
As used in this section, "personal identifying information" means the same as that 
term is defined in Section 
76-6-1101
.
(b)
Terms defined in Sections 
76-1-101.5
, 
76-12-101
, and 
76-12-201
 apply to this 
section.
(2)
An actor commits unlawful electronic disclosure of personal identifying information if 
the actor:
(a)
(i)
electronically publishes, posts, or otherwise discloses personal identifying 
information of another individual in a public online site or forum without the 
permission of the other individual; and
(ii)
undertakes the action described in Subsection 
(2)(a)(i)
 with the intent to abuse, 
threaten, or disrupt the other individual's electronic communication; or
(b)
sends a communication by electronic mail, instant message, or other similar means, 
if:
(i)
the communication references personal identifying information of another 
individual;
(ii)
the actor sends the communication:
(A)
without the individual's consent; and
(B)
with the intent to cause a recipient of the communication to reasonably believe 
that the individual authorized or sent the communication; and
(iii)
with the intent to:
(A)
cause an individual physical, emotional, or economic injury or damage; or
(B)
defraud an individual.
(3)
(a)
Except as provided in Subsection 
(3)(b)
, a violation of Subsection 
(2)
 is a class B 
misdemeanor.
(b)
A second or subsequent violation of Subsection 
(2)
 is a class A misdemeanor.
(4)
(a)
Except as provided in Subsection 
(4)
(b), a criminal prosecution under this section 
does not affect an individual's right to bring a civil action for damages suffered as a 
result of the commission of an offense under this section.
(b)
This section does not create a civil cause of action based on an electronic 
communication made for a legitimate business purpose.
Section 365, Section 
76-12-204
 is enacted to read:
76-12-204
. Unlawful electronic disclosure of a minor's personal information.
(1)
(a)
As used in this section:
(i)
"Minor victim" means a minor who is a victim of a violation of Subsection (2).
(ii)
"Personal identifying information" means the same as that term is defined in 
Section 
76-6-1101
.
(b)
Terms defined in Sections 
76-1-101.5
, 
76-12-101
, and 
76-12-201
 apply to this 
section.
(2)
An actor commits unlawful electronic disclosure of a minor's personal information if:
(a)
the actor:
(i)
is an adult;
(ii)
electronically publishes, posts, or otherwise discloses in a public online site or 
forum personal identifying information of a minor who is unrelated by blood, 
marriage, or adoption to the actor; and
(iii)
knows of, but consciously disregards, a substantial and unjustifiable risk that 
performing the action described in Subsection (2)(a)(ii) will result in the minor 
being the victim of an offense described in Title 76, Chapter 5, Offenses Against 
the Individual; and
(b)
the minor described in Subsection (2)(a)(ii) is aware of the actor's action described in 
Subsection (2)(a)(ii).
(3)
A violation of Subsection 
(2)
 is a class A misdemeanor.
(4)
(a)
Except as provided in Subsection (4)(b), a criminal prosecution under this section 
does not affect an individual's right to bring a civil action for damages suffered as a 
result of the commission of an offense under this section.
(b)
This section does not create a civil cause of action based on an electronic 
communication made for a legitimate business purpose.
(5)
(a)
A minor victim has a civil right of action against an actor who violates Subsection 
(2)
.
(b)
A minor victim who brings a successful civil action under Subsection (5)(a) is 
entitled to recover from the actor:
(i)
damages resulting from the violation of Subsection (2);
(ii)
reasonable attorney fees; and
(iii)
court costs.
Section 366, Section 
76-12-205
, which is renumbered from Section 76-6-703.1 is renumbered 
and amended to read:
76-6-703.1
76-12-205
. Disclosure of personal information with intent to cause 
electronic communication harassment.
(1)
(a)
As used in this section
, "electronic 
:
(i)
"Adult" means an individual 18 years old or older.
(ii)
"Computer" means the same as that term is defined in Section 
76-6-702
.
(iii)
"Electronic 
communication harassment" means an offense under Section 
76-9-201
76-12-202
, 
76-12-203
, or 
76-12-204
.
(iv)
"Identifying information" means the same as that term is defined in Section 
76-6-702
.
(v)
"Interactive computer service" means the same as that term is defined in Section 
76-6-702
.
(vi)
"Minor" means an individual who is younger than 18 years old.
(vii)
"Service provider" means the same as that term is defined in Section 
76-6-702
.
(viii)
"Software" means the same as that term is defined in Section 
76-6-702
.
(b)
Terms defined in Sections 
76-1-101.5
, 
76-12-101
,
 and 
76-6-702
76-12-201
 apply to 
this section.
(2)
An actor commits 
unlawful 
disclosure of personal information
 with intent to cause 
electronic communication harassment
 if:
(a)
with intent that electronic communication harassment occur, the actor discloses or 
disseminates another person's identifying information with the expectation that others 
will further disseminate or use the person's identifying information; and
(b)
the disclosure or dissemination of the other person's identifying information results 
in electronic communication harassment.
(3)
(a)
If the 
person
individual
 whose identifying information is disseminated is an 
adult, a violation of Subsection 
(2)
 is:
(i)
a class B misdemeanor on the first offense;
(ii)
a class A misdemeanor on the second offense; or
(iii)
a third degree felony on a third or subsequent offense.
(b)
If the 
person
individual
 whose identifying information is disseminated is a minor, a 
violation of Subsection 
(2)
 is:
(i)
a class A misdemeanor on the first offense; or
(ii)
a third degree felony on the second or subsequent offense.
(4)
(a)
This section does not apply to an actor who provides information in conjunction 
with a report under 
Title 34A, Chapter 6, Utah Occupational Safety and Health Act
, 
or 
Title 67, Chapter 21, Utah Protection of Public Employees Act
.
(b)
In accordance with 47 U.S.C. Sec. 230, this section may not apply to, and 
nothing in 
this section may be construed to
does not
 impose liability or culpability on, an 
interactive computer service for content provided by another person.
(c)
This section does not affect, limit, or apply to any activity or conduct that is 
protected by the constitution or laws of this state, or by the constitution or laws of the 
United States.
(5)
(a)
An interactive computer service 
is not guilty of violating this section
does not 
commit a violation of Subsection 
(2)
 if an actor violates 
this section
Subsection (2)
using the interactive computer service and the interactive computer service did not 
knowingly assist the actor to commit the violation.
(b)
A service provider 
is not guilty of violating this section
does not commit a violation 
of Subsection (2)
 for:
(i)
action taken in relation to a customer of the service provider, for a legitimate 
business purpose, to install software on, monitor, or interact with the customer's 
Internet or other network connection, service, or computer for network or 
computer security purposes, authentication, diagnostics, technical support, 
maintenance, repair, network management, updates of computer software or 
system firmware, or remote system management; or
(ii)
action taken, including scanning and removing computer software, to detect or 
prevent the following:
(A)
unauthorized or fraudulent use of a network, service, or computer software;
(B)
illegal activity; or
(C)
infringement of intellectual property rights.
Section 367, Section 
76-12-206
, which is renumbered from Section 76-9-203 is renumbered 
and amended to read:
76-9-203
76-12-206
. Unlawful online impersonation.
(1)
(a)
As used in this section:
(a)
(i)
"Commercial social networking website" means a person who operates a 
website that allows a person to register as a user for the purpose of:
(i)
(A)
establishing a personal relationship with one or more other users through 
direct or real time communication with the other user; or
(ii)
(B)
the creation of 
web pages or profiles
a web page or a profile
 available to 
the public or to other users.
(b)
(ii)
"Commercial social networking website" does not include an electronic mail 
program or a message board program.
(b)
Terms defined in Sections 
76-1-101.5
, 
76-12-101
, and 
76-12-201
 apply to this 
section.
(2)
It is a criminal offense for a person to use
An actor commits unlawful online 
impersonation if the actor uses
 the name or persona of an individual:
(a)
without the individual's consent;
(b)
(i)
to create a web page on a commercial social networking website or other 
website; or
(ii)
to post or send a message on or through a commercial social networking website 
or other website, other than on or through an electronic mail program or message 
board program;
(c)
with the intent to cause an individual to reasonably believe that the individual whose 
name or persona is used authorized or performed the applicable action described in 
Subsection 
(2)(b)
; and
(d)
with the intent to harm, defraud, intimidate, or threaten any individual.
(3)
(a)
An offense under this section is
Except as provided in Subsection (3)(b), a 
violation of Subsection (2) is
 a class A misdemeanor.
(b)
A second or subsequent offense 
under this section
of Subsection (2)
 is a third 
degree felony.
(4)
It is a defense to prosecution under this section that the 
person
actor
 is one of the 
following entities or that the 
person's
actor's
 conduct consisted solely of action taken as 
an employee of one of the following entities:
(a)
a commercial social networking website;
(b)
an Internet service provider;
(c)
an interactive computer service, as defined in 47 U.S.C. Sec. 230;
(d)
a telecommunications provider, as defined in Section 
10-1-402
;
(e)
a cable television service;
(f)
an entity that provides cable television service, as defined in Section 
10-18-102
; or
(g)
a law enforcement agency engaged in lawful practices.
Section 368, Section 
76-12-207
, which is renumbered from Section 76-10-1802 is renumbered 
and amended to read:
76-10-1802
76-12-207
. Misrepresentation of a call or text communication 
identification.
(1)
(a)
As used in this section:
(a)
(i)
"Caller or text message identification information" means information 
provided by a caller identification service or text message service regarding the 
telephone number or other information regarding the origination of a call or text 
message made using a telecommunications service or VoIP voice service.
(b)
(ii)
"Caller or text message identification service" means 
any
a
 service or device 
designed to provide the user of the service or device with the telephone number 
of, or other information regarding, the origination of a call or text message made 
using a telecommunications service or VoIP voice service, including automatic 
number identification services.
(c)
(iii)
"Text message":
(i)
(A)
means a real-time or near real-time message consisting of text, images, 
sounds, or other information transmitted from or received by a device 
identified by a telephone number; and
(ii)
(B)
does not include a real-time, two-way voice or video communication.
(d)
(iv)
"VoIP" means a technology that allows telephone calls to be made over 
computer networks, including the Internet.
(b)
Terms defined in Sections 
76-1-101.5
, 
76-12-101
, and 
76-12-201
 apply to this 
section.
(2)
It is unlawful for any person or individual
An actor commits misrepresentation of a call 
or text communication identification if the actor
, in connection with 
any
a
telecommunications service or VoIP voice service, 
to 
knowingly 
cause any
causes a
caller identification service or text message service to transmit false, misleading, or 
inaccurate caller or text message identification information:
(a)
with the intent to harm the recipient of the call or text message; or
(b)
to a public safety answering point when reporting an emergency.
(3)
(a)
Except as provided in Subsection 
(3)(b)
, a violation of Subsection 
(2)
 is a class C 
misdemeanor.
(b)
A violation of Subsection 
(2)
 is a class B misdemeanor on a second or subsequent 
violation.
(c)
Each separate call or text message is a violation of this section.
(3)
(4)
This section does not prevent or restrict 
any person or individual
a person
 from 
blocking the capability of 
any
a
 caller or text message identification service to transmit 
caller or text message identification information.
(4)
(5)
The following are exempt from this section:
(a)
the lawful investigative, protective, or intelligence activity of a law enforcement 
agency; and
(b)
a court order that specifically authorizes the use of caller or text message 
identification manipulation.
(5)
Each separate call or text message transmitted in violation of this section is:
(a)
for a first violation, a class C misdemeanor; and
(b)
for a second or subsequent violation, a class B misdemeanor.
(6)
Violations
A violation of this section
 may be enforced in a civil action initiated by the 
recipient of a call, message, or text message made in violation of this section, a criminal 
action initiated by a prosecuting attorney, or both.
(7)
This section does not apply to an Internet service provider or hosting company, a 
provider of public telecommunications services, or a text message service by reason of 
the fact that the Internet service provider, hosting company, text message service, or 
provider of public telecommunications services:
(a)
transmits, routes, or provides connections for material without selecting the material;
(b)
stores or delivers the material at the direction of a user; or
(c)
provides a caller or text message identification service.
Section 369, Section 
76-12-301
, which is renumbered from Section 76-9-401 is renumbered 
and amended to read:
3. Privacy Offenses
76-9-401
76-12-301
. Definitions.
For purposes of this part:
(1)
"Eavesdrop" means to overhear, record, amplify, or transmit any part of a wire or oral 
communication of another without the consent of at least one party thereto by means of 
an electronic, mechanical, or other device.
(2)
"Private place" means a place where one may reasonably expect to be safe from casual 
or hostile intrusion or surveillance.
(2)
"Eavesdrop" means to overhear, record, amplify, or transmit any part of a wire or oral 
communication of others
 without the consent of at least one party thereto by means of 
any electronic, mechanical, or other device.
(3)
"Public" includes any professional or social group of which the victim of a defamation 
is a member.
Section 370, Section 
76-12-302
, which is renumbered from Section 76-9-402 is renumbered 
and amended to read:
76-9-402
76-12-302
. Unlawful privacy violation.
(1)
(a)
A property owner has an
For purposes of this section, "expectation of privacy" 
means a property owner's
 expectation of privacy 
regarding characteristics, data, or 
information pertaining to the owner's property that:
described in Subsection (6).
(i)
is not immediately apparent through routine visual observation of the property; 
and
(ii)
requires ground-penetrating technology to detect, observe, measure, map, or 
otherwise capture information or data about the property or characteristics of the 
property.
(b)
Terms defined in Sections 
76-1-101.5
, 
76-12-101
, and 
76-12-301
 apply to this 
section.
(2)
A person is guilty of
An actor commits unlawful
 privacy violation if, except as 
authorized by law, the 
person
actor
:
(a)
trespasses on property with intent to subject anyone to eavesdropping or other 
surveillance in a private place;
(b)
installs, or uses after unauthorized installation in a private place, without the consent 
of the person or persons entitled to privacy in the private place, 
any
a
 device for 
observing, photographing, hearing, recording, amplifying, or broadcasting sounds or 
events in the private place;
(c)
installs or uses outside of a private place a device for observing, photographing, 
hearing, recording, amplifying, or broadcasting sounds or events originating in the 
private place 
which
that
 would not ordinarily be audible, visible, or comprehensible 
outside the private place, without the consent of the person or persons entitled to 
privacy in the private place; or
(d)
uses ground-penetrating technology, without the consent of the property owner, to 
detect, observe, measure, map, or otherwise capture information or data about the 
property or characteristics of the property of another for which the property owner 
has an expectation of privacy
 as described in Subsection 
(1)
.
(3)
A violation of Subsection 
(2)
 is a class B misdemeanor.
(4)
A court may order an actor who commits a violation of Subsection 
(2)
 to remove or 
destroy any data collected by the actor in the commission of the violation of Subsection 
(2).
(5)
A person
An actor
 is not guilty of a violation of this section if:
(a)
the device used is an unmanned aircraft;
(b)
the 
person
actor
 is operating the unmanned aircraft for legitimate commercial or 
educational purposes in a manner consistent with applicable Federal Aviation 
Administration rules, exemptions, or other authorizations; and
(c)
any conduct described in Subsection 
(2)
 that occurs via the unmanned aircraft is 
solely incidental to the lawful commercial or educational use of the unmanned 
aircraft.
(4)
For a person who commits a violation of Subsection 
(2)
, a court may order the person 
to remove and destroy any data collected by the person in the commission of the 
violation of Subsection 
(2)
.
(5)
Privacy violation is a class B misdemeanor.
(6)
A property owner has an expectation of property privacy regarding characteristics, data, 
or information pertaining to the owner's property that:
(a)
is not immediately apparent through routine visual observation of the property; and
(b)
requires ground-penetrating technology to detect, observe, measure, map, or 
otherwise capture information or data about the property or characteristics of the 
property.
(6)
(7)
(a)
This section does not apply to lawful practices of:
(i)
a law enforcement agency; or
(ii)
another government entity.
(b)
Subsection 
(2)(d)
 does not apply to a land surveyor if:
(i)
the land surveyor is performing a survey service in good faith pursuant to a bona 
fide contract; and
(ii)
for any data pertaining to property not owned by a party to the contract described 
in Subsection 
(6)(b)(i)
(7)(b)(i)
 that is captured incidentally by the land surveyor, 
the land surveyor:
(A)
does not share, publish, sell, or distribute any incidentally captured data 
pertaining to property that is not relevant to the contract described in 
Subsection 
(6)(b)(i)
(7)(b)(i)
; and
(B)
upon completion of the contract, deletes or destroys any data pertaining to 
property that is not the subject of the contract.
(8)
(a)
A person, or the heirs of a deceased person, who has been injured by a violation of 
this section may bring an action against the actor who committed the violation.
(b)
If in the action described in Subsection 
(8)(a)
 the court finds the defendant is 
violating or has violated any of the provisions of this section, the court shall enjoin 
the defendant from a continued violation.
(c)
It is not necessary that actual damages to the plaintiff be alleged or proved, but if 
damages are alleged and proved, the plaintiff in the action is entitled to recover from 
the defendant the actual damages sustained, if any, in addition to injunctive relief.
(d)
 A finding that the defendant is in violation of this section entitles the plaintiff to an 
award of reasonable attorney fees.
(e)
Exemplary damages may be awarded when the violation is found to be malicious.
Section 371, Section 
76-12-303
, which is renumbered from Section 76-9-403 is renumbered 
and amended to read:
76-9-403
76-12-303
. Unlawful interception or disclosure of a private 
communication.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-12-101
, and 
76-12-301
 apply to this section.
(2)
A person commits communication abuse if, except as authorized by law, he
An actor 
commits unlawful interception or disclosure of a private communication if, except as 
authorized by law, the actor
:
(a)
Intercepts
intercepts
, without the consent of the sender or receiver, a message by 
telephone, telegraph, letter, or other means of communicating privately; 
this 
paragraph does not extend to:
or
(i)
Overhearing of messages through a regularly installed instrument on a telephone 
party line or on an extension; or
(ii)
Interception by the telephone company or subscriber incident to enforcement of 
regulations limiting use of the facilities or to other normal operation and use; or
(b)
Divulges
divulges,
 without consent of the sender or receiver
,
 the existence or 
contents of 
any such
a
 message
 described in Subsection 
(2)(a)
,
 if the actor
:
(i)
knows that the message 
described in Subsection 
(2)(a)
was illegally intercepted
;
or 
(ii)
if he 
learned of the message 
described in Subsection 
(2)(a)
in the course of 
employment with an agency engaged in 
transmitting it
the transmission of the 
message
.
(2)
(3)
Communication abuse
A violation of Subsection (2)
 is a class B misdemeanor.
(4)
Subsection 
(2)(a)
 does not apply to:
(a)
overhearing a message through a regularly installed instrument on a telephone party 
line or on an extension; or
(b)
intercepting a message by a telephone company or subscriber incident to 
enforcement of regulations limiting use of the facilities or to other normal operation 
and use.
(5)
(a)
A person, or the heirs of a deceased person, who has been injured by a violation of 
this section may bring an action against the actor who committed the violation.
(b)
If in the action described in Subsection (5)(a) the court finds the defendant is 
violating or has violated any of the provisions of this section, the court shall enjoin 
the defendant from a continued violation.
(c)
It is not necessary that actual damages to the plaintiff be alleged or proved, but if 
damages are alleged and proved, the plaintiff in the action is entitled to recover from 
the defendant the actual damages sustained, if any, in addition to injunctive relief.
(d)
 A finding that the defendant is in violation of this section entitles the plaintiff to an 
award of reasonable attorney fees.
(e)
Exemplary damages may be awarded when the violation is found to be malicious.
Section 372, Section 
76-12-304
, which is renumbered from Section 76-9-407 is renumbered 
and amended to read:
76-9-407
76-12-304
. Unlawful use of another's personal identity in an 
advertisement.
(1)
The definitions in Section
Terms defined in Sections
45-3-2
, 
76-1-101.5
, 
76-12-101
, 
and 
76-12-301
 apply to this section.
(2)
Any person is guilty of a class B misdemeanor who
An actor commits unlawful use of 
another's personal identity in an advertisement if the actor
 knowingly or intentionally 
causes the publication of an advertisement in which the personal identity of an 
individual is used in a manner 
which
that
 expresses or implies that the individual 
approves, endorses, has endorsed, or will endorse the specific subject matter of the 
advertisement without the consent for such use by the individual.
(3)
A violation of Subsection 
(2)
 is a class B misdemeanor.
(3)
(4)
It is an affirmative defense that the 
person causing
actor who caused
 the 
publication of the advertisement reasonably believed that the 
person
individual
 whose 
personal identity was to be used had consented to 
its
the
 use
 of the individual's personal 
identity
.
(4)
(5)
(a)
Upon conviction of an offense under this section, unless waived by the 
victim, the court shall order that, within 30 days of the conviction, the 
person
actor
convicted shall issue a public apology or retraction to whomever received the 
advertisement. 
(b)
The apology or retraction 
described in Subsection 
(5)(a)
shall be of similar size and 
placement as the original advertisement.
(5)
(6)
Nothing in this section prohibits a civil action under 
Title 45, Chapter 3, Abuse of 
Personal Identity Act
.
(7)
(a)
A person, or the heirs of a deceased person, who has been injured by a violation of 
this section may bring an action against the actor who committed the violation.
(b)
If in the action described in Subsection (7)(a) the court finds the defendant is 
violating or has violated any of the provisions of this section, the court shall enjoin 
the defendant from a continued violation.
(c)
It is not necessary that actual damages to the plaintiff be alleged or proved, but if 
damages are alleged and proved, the plaintiff in the action is entitled to recover from 
the defendant the actual damages sustained, if any, in addition to injunctive relief.
(d)
A finding that the defendant is in violation of this section entitles the plaintiff to an 
award of reasonable attorney fees.
(e)
Exemplary damages may be awarded when the violation is found to be malicious.
Section 373, Section 
76-12-305
, which is renumbered from Section 76-9-408 is renumbered 
and amended to read:
76-9-408
76-12-305
. Unlawful installation of a tracking device.
(1)
(a)
As used in this section:
(a)
(i)
"Motor vehicle" means the same as that term is defined in Subsection 
41-12a-103(4)
.
(b)
(ii)
"Private investigator" means an individual who is:
(i)
(A)
licensed as a private investigator under 
Title 53, Chapter 9, Private 
Investigator Regulation Act
; and
(ii)
(B)
acting in the capacity of a private investigator.
(c)
(iii)
"Protective order" means a protective order, stalking injunction, or 
restraining order issued by a court of any jurisdiction.
(d)
(iv)
(i)
(A)
"Tracking device" means a device used for the primary purpose of 
revealing the device's location or movement by the transmission or recording 
of an electronic signal.
(ii)
(B)
"Tracking device" does not include location technology installed on a 
vehicle by the vehicle manufacturer or a commercial vehicle dealer that 
transmits electronic signals for the purpose of data collection, if the data 
collection is anonymized.
(b)
Terms defined in Sections 
76-1-101.5
, 
76-12-101
, and 
76-12-301
 apply to this 
section.
(2)
Except as provided in Subsection 
(3)
, a person is guilty of
(4), an actor commits
unlawful installation of a tracking device if the 
person
actor
 knowingly installs, or 
directs another to install, a tracking device on a motor vehicle owned or leased by 
another person, without the permission of the owner or lessee of the vehicle.
(3)
A violation of Subsection 
(2)
 is a class A misdemeanor.
(3)
(4)
A person is not guilty of unlawful installation of a tracking device
An actor does 
not commit a violation of Subsection 
(2)
 if the 
person
actor
:
(a)
(i)
is a licensed private investigator installing the tracking device for a legitimate 
business purpose; and
(ii)
installs the tracking device on a motor vehicle that is not:
(A)
owned or leased by an individual under the protection of a protective order; or
(B)
operated by an individual under the protection of a protective order who 
resides with, or is an immediate family member of, the owner or lessee of the 
motor vehicle; or
(b)
installs the tracking device pursuant to a court order.
(4)
Unlawful installation of a tracking device is a class A misdemeanor.
(5)
This section does not apply to a peace officer, acting in the peace officer's official 
capacity, who installs a tracking device on a motor vehicle in the course of a criminal 
investigation or pursuant to a court order.
(6)
Before installing a tracking device on a motor vehicle under Subsection 
(3)
(4)
, a 
private investigator shall request confirmation from a state entity with access to updated 
protective order records, that:
(a)
the owner or lessee of the vehicle is not under the protection of a protective order; and
(b)
an individual who resides with, or is an immediate family member of, the owner or 
lessee of the motor vehicle is not under the protection of a protective order.
(7)
On request from a licensed private investigator, a state entity, including a law 
enforcement agency, with access to protective order records shall confirm or deny the 
existence of a protective order, disclosing only whether an individual named by the 
private investigator is under the protection of a protective order issued in any 
jurisdiction.
(8)
A private investigator may not disclose the information obtained under Subsection 
(7)
 to 
any person, except as permitted by law.
(9)
On request from the Bureau of Criminal Identification, a private investigator who 
installs a tracking device on a motor vehicle shall disclose the purpose of the tracking 
device to the Bureau of Criminal Identification.
(10)
(a)
A person, or the heirs of a deceased person, who has been injured by a violation 
of this section may bring an action against the actor who committed the violation.
(b)
If in the action described in Subsection (10)(a) the court finds the defendant is 
violating or has violated any of the provisions of this section, the court shall enjoin 
the defendant from a continued violation.
(c)
It is not necessary that actual damages to the plaintiff be alleged or proved, but if 
damages are alleged and proved, the plaintiff in the action is entitled to recover from 
the defendant the actual damages sustained, if any, in addition to injunctive relief.
(d)
A finding that the defendant is in violation of this section entitles the plaintiff to an 
award of reasonable attorney fees.
(e)
Exemplary damages may be awarded when the violation is found to be malicious.
Section 374, Section 
76-12-306
 is enacted to read:
76-12-306
. Voyeurism.
(1)
(a)
As used in this section, "sex-designated privacy space" means the same as that 
term is defined in Section 
76-12-309
.
(b)
Terms defined in Sections 
76-1-101.5
, 
76-12-101
, and 
76-12-301
 apply to this 
section.
(2)
An actor commits voyeurism if:
(a)
the actor views, or attempts to view, an individual, with or without the use of an 
instrumentality:
(i)
with the intent of viewing any portion of the individual's body regarding which the 
individual has a reasonable expectation of privacy, whether or not that portion of 
the body is covered with clothing;
(ii)
without the knowledge or consent of the individual; and
(iii)
under circumstances in which the individual has a reasonable expectation of 
privacy; and
(b)
the actor's conduct described in Subsection 
(2)(a)
 does not amount to a violation of 
Section 
76-12-307
, Recorded or photographed voyeurism.
(3)
(a)
Except as provided in Subsection 
(3)(b)
, a violation of Subsection 
(2)
 is a class B 
misdemeanor.
(b)
A violation of Subsection 
(2)
 is a class A misdemeanor if the violation is committed:
(i)
against a child under 14 years old;
(ii)
in a sex-designated privacy space that is not designated for individuals of the 
actor's sex; or
(iii)
while also committing the offense of:
(A)
criminal trespass in a sex-designated changing room under Subsection 
76-6-206(2)(d)
;
(B)
lewdness under Section 
76-5-419
;
(C)
lewdness involving a child under Section 
76-5-420
; or
(D)
loitering in a privacy space under Section 
76-12-309
.
(4)
For purposes of this section, an individual has a reasonable expectation of privacy 
within a public restroom.
Section 375, Section 
76-12-307
, which is renumbered from Section 76-9-702.7 is renumbered 
and amended to read:
76-9-702.7
76-12-307
. Recorded or photographed voyeurism.
(1)
(a)
As used in this section, "sex-designated privacy space" means the same as that 
term is defined in Section 
76-12-309
.
(b)
Terms defined in Sections 
76-1-101.5
, 
76-12-101
, and 
76-12-301
 apply to this 
section.
(2)
A person is guilty of voyeurism who
An actor commits recorded or photographed 
voyeurism if the actor
 intentionally uses any type of technology to secretly or 
surreptitiously record, by video, photograph, or other means, an individual:
(a)
for the purpose of viewing any portion of the individual's body regarding which the 
individual has a reasonable expectation of privacy, whether or not that portion of the 
body is covered with clothing;
(b)
without the knowledge or consent of the individual; and
(c)
under circumstances in which the individual has a reasonable expectation of privacy.
(2)
(3)
(a)
Except as provided in Subsection
 (2)(b)
(3)(b)
, a violation of Subsection 
(1)
(2)
 is a class A misdemeanor.
(b)
The following is a third degree felony
A violation of Subsection 
(2)
 is a third degree 
felony if the violation is committed
:
(i)
a violation of Subsection (1) committed 
against a child under 14 years 
of age 
old
;
(ii)
in a sex-designated privacy space that is not designed for individuals of the actor's 
sex; or
(ii)
(iii)
a violation of Subsection (1) committed 
while also committing the offense 
of:
(A)
criminal trespass in a sex-designated changing room under Subsection 
76-6-206
(2)(d);
(B)
lewdness under Section 
76-9-702
76-5-419
;
(C)
lewdness involving a child under Section 
76-9-702.5
76-5-420
; or
(D)
loitering in a privacy space under Section 
76-9-702.8
; or
76-12-309
.
(iii)
a violation of Subsection (1) in a sex-designated privacy space, as defined in 
Section 
76-9-702.8
, that is not designated for individuals of the actor's sex.
(3)
Distribution or sale of any images, including in print, electronic, magnetic, or digital 
format, obtained under Subsection (1) by transmission, display, or dissemination is a 
third degree felony, except that if the violation of this Subsection (3) includes images of 
a child under 14 years of age, the violation is a second degree felony.
(4)
A person is guilty of voyeurism who, under circumstances not amounting to a violation 
of Subsection (1), views or attempts to view an individual, with or without the use of 
any instrumentality:
(a)
with the intent of viewing any portion of the individual's body regarding which the 
individual has a reasonable expectation of privacy, whether or not that portion of the 
body is covered with clothing;
(b)
without the knowledge or consent of the individual; and
(c)
under circumstances in which the individual has a reasonable expectation of privacy.
(5)
(a)
Except as provided in Subsection (5)(b), a violation of Subsection (4) is a class 
B misdemeanor.
(b)
The following is a class A misdemeanor:
(i)
a violation of Subsection (4) committed against a child under 14 years of age is a 
class A misdemeanor;
(ii)
a violation of Subsection (4) committed while also committing the offense of:
(A)
criminal trespass in a sex-designated changing room under Subsection 
76-6-206
(2)(d);
(B)
lewdness under Section 
76-9-702
;
(C)
lewdness involving a child under Section 
76-9-702.5
; or
(D)
loitering in a privacy space under Section 
76-9-702.8
; or
(iii)
a violation of Subsection (4) committed in a sex-designated privacy space, as 
defined in Section 
76-9-702.8
, that is not designated for individuals of the actor's 
sex.
(6)
(4)
For purposes of this section, an individual has a reasonable expectation of privacy 
within a public restroom.
Section 376, Section 
76-12-308
 is enacted to read:
76-12-308
. Distribution of images obtained through voyeurism.
(1)
(a)
As used in this section, "image" includes print, electronic, magnetic, or digital 
format.
(b)
Terms defined in Sections 
76-1-101.5
, 
76-12-101
, and 
76-12-301
 apply to this 
section.
(2)
An actor commits distribution of images obtained through voyeurism if the actor 
distributes or sells an image obtained by conduct in violation of Section 
76-12-207
, 
Recorded or photographed voyeurism, by transmission, display, or dissemination.
(3)
(a)
Except as provided in Subsection 
(3)
(b), a violation of Subsection 
(2)
 is a third 
degree felony.
(b)
A violation of Subsection 
(2)
 is a second degree felony if the image is of a child 
under 14 years old.
Section 377, Section 
76-12-309
, which is renumbered from Section 76-9-702.8 is renumbered 
and amended to read:
76-9-702.8
76-12-309
. Loitering in a privacy space.
(1)
(a)
As used in this section:
(a)
(i)
"Privacy space" means the following in which an individual has a reasonable 
expectation of privacy:
(i)
(A)
a restroom or any other space that includes a toilet;
(ii)
(B)
a dressing room, fitting room, locker room, changing facility, or any other 
space designated for multiple individuals to dress or undress within the same 
space; or
(iii)
(C)
any room or space that includes a shower.
(b)
(ii)
"Sex-designated" means that a facility, program, or event is designated 
specifically for males or females and not the opposite sex.
(b)
Terms defined in Sections 
76-1-101.5
, 
76-12-101
, and 
76-12-301
 apply to this 
section.
(2)
An actor commits the offense 
of unlawfully 
loitering in a privacy space if the actor 
intentionally or knowingly remains unlawfully in a privacy space.
(3)
(a)
Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class B 
misdemeanor.
(b)
A violation of Subsection 
(4)
(2)
 is a class A misdemeanor if the actor commits the 
offense:
(i)
while also committing the offense of:
(A)
criminal trespass in a sex-designated changing room under Subsection 
76-6-206
(2)(d);
(B)
lewdness under Section 
76-9-702
76-5-419
;
(C)
lewdness involving a child under Section 
76-9-702.5
76-5-420
; or
(D)
voyeurism under Section 
76-9-702.7
; or
76-12-306
;
(E)
recorded or photographed voyeurism under Section 
76-12-307
; or
(F)
distribution of images obtained through voyeurism under Section 
76-12-308
; or
(ii)
in a sex-designated privacy space that is not designated for individuals of the 
actor's sex.
Section 378, Section 
76-12-401
, which is renumbered from Section 76-10-601 is renumbered 
and amended to read:
4. Offenses Involving Charitable Solicitations
76-10-601
76-12-401
. Definitions.
As used in this part:
(1)
"Person" means 
any
an
 individual, organization, group, association, partnership, 
corporation, or any combination of 
them;
an individual, organization, group, 
association, partnership, or corporation.
(2)
(a)
"Professional fund raiser" means 
any
a
 person
:
(i)
who
,
 for compensation or any other consideration
,
 plans, conducts, or manages 
in this state, the solicitation of contributions for or on behalf of 
any
a
 charitable 
organization or any other person
, 
; 
or
(ii)
who engages in the business of, or holds 
himself
the person's self
 out to 
persons in this state as
,
 independently engaged in the business of soliciting 
contributions for such purpose
, but shall not include a bona fide officer or 
employee of a charitable organization;
.
(b)
"Professional fund raiser" does not include a bona fide officer or employee of a 
charitable organization.
(3)
"Professional solicitor" means 
any
a
 person who is employed or retained for 
compensation by a professional fund raiser to solicit contributions in this state for 
charitable purposes
;
.
(4)
"Charitable organization" means 
any
an
 organization that is benevolent, philanthropic, 
patriotic, or eleemosynary or one purporting to be 
such;
benevolent, philanthropic, 
patriotic, or eleemosynary.
(5)
"Contribution" means the promise or grant of 
any 
money or property of any kind or 
value.
Section 379, Section 
76-12-402
, which is renumbered from Section 76-10-602 is renumbered 
and amended to read:
76-10-602
76-12-402
. Unlawful use of a person's name for soliciting 
contributions.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-12-101
, and 
76-12-401
 apply to this section.
(2)
An actor commits unlawful use of a person's name for soliciting contributions if the 
actor:
(a)
No
is a
 charitable organization, professional fund raiser, or professional 
solicitor, seeking to raise funds for 
a 
charitable 
purposes,
purpose; and
(b)
shall use
uses
 the name of any other person for the purpose of soliciting 
contributions,
a charitable contribution
 in this state
,
 without the written consent of 
the person
; provided that this section shall not apply to religious corporations or 
organizations, charities, agencies, and organizations operated, supervised, or 
controlled by or in connection with a religious corporation or organization
.
(3)
A violation of Subsection 
(2)
 is a class B misdemeanor.
(4)
This section does not apply to:
(a)
a religious corporation, organization, charity, or agency; or
(b)
an organization operated, supervised, or controlled by or in connection with a 
religious corporation or organization.
Section 380, Section 
76-12-403
, which is renumbered from Section 76-10-603 is renumbered 
and amended to read:
76-10-603
76-12-403
. Unlawful use of a person's name as a solicitation 
endorsement.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-12-101
, and 
76-12-401
 apply to this 
section.
(2)
It is a violation of this part to use
An actor commits unlawful use of a person's name as 
a solicitation endorsement if
, without written consent
, 
:
(a)
the actor uses 
the name of a person 
for the purpose of soliciting contributions if the 
person's name is listed 
on any stationery, advertisement, brochure, or 
correspondence of a charitable organization
,
 for the purpose of soliciting 
contributions;
 or 
(b)
his name is listed or referred to 
the actor lists or refers to the person's name 
as 
one
a person
 who has contributed to, sponsored, or endorsed the charitable organization 
or 
its
the charitable organization's
 activities.
(3)
A violation of Subsection (2) is a class B misdemeanor.
Section 381, Section 
76-13-101
 is enacted to read:
13. OFFENSES INVOLVING CRUELTY TO ANIMALS
1. General Provisions
76-13-101
. Definitions.
Reserved.
Section 382, Section 
76-13-102
, which is renumbered from Section 76-9-305 is renumbered 
and amended to read:
76-9-305
76-13-102
. Officer's authority to take possession of an animal -- Lien 
for care -- Humane destruction.
(1)
Any
Terms defined in Sections 
76-1-101.5
 and 
76-13-101
 apply to this section.
(2)
A
 law enforcement officer may take possession of 
any animals
an animal
 being treated 
cruelly and, after reasonable efforts to notify the owner, may provide shelter and care for 
them
the animal
 or
,
 upon permission from the owner
,
 may destroy 
them
the animal
.
(2)
Officers caring for animals pursuant to 
(3)
(a)
An officer caring for an animal under 
this section 
have
has
 a lien for the 
reasonable value of the care 
and/or destruction
provided to the animal and, if 
applicable, the reasonable value for the destruction of the animal
. 
(b)
Any
A
 court
,
 upon proof that the owner has been notified 
at least five days earlier 
of the lien and amount due, 
at least five days prior, 
shall order the animal sold at 
public auction or destroyed.
(3)
(4)
(a)
Any
A
 law enforcement officer may humanely destroy 
any
an
 animal found 
suffering past recovery for any useful purpose. 
(b)
Before destroying the animal
 under Subsection 
(4)(a)
,
 the officer shall obtain
:
(i)
the judgment 
to the effect 
of a veterinarian
,
 or of two reputable citizens 
called by 
him
the officer
 to view the animal in 
his
the officer's
 presence,
 of the 
animal's nonrecoverable condition;
 or 
(ii)
shall obtain 
consent to the destruction from the owner of the animal.
Section 383, Section 
76-13-103
, which is renumbered from Section 76-9-301.6 is renumbered 
and amended to read:
76-9-301.6
76-13-103
. Officer's authority at a dog fighting exhibition -- 
Authority to arrest and take possession of dogs and property.
(1)
Terms defined in Sections 
76-1-101.5
 and 
76-13-101
 apply to this section.
(2)
A peace officer as defined in 
Title 53, Chapter 13, Peace Officer Classifications
, may 
enter any place, building, or tenement where an exhibition of dog fighting is occurring, 
or where preparations are being made for such an exhibition and, without a warrant, 
arrest all persons present.
(2)
(3)
(a)
Notwithstanding the provisions of Section 
76-9-305
76-13-102
, Officer's 
authority to take possession of an animal
, any authorized officer who makes an arrest 
under 
Subsection 
(1)
Subsection (2)
 may lawfully take possession of all dogs, 
paraphernalia, implements, or other property or things used or employed, or to be 
employed, in an exhibition of dog fighting prohibited by Subsection 
76-9-301(2)(e)
76-13-202(2)(e)
 or Section 
76-9-301.1
76-13-205
, Dog fighting
.
(b)
The officer, at the time of the taking of property pursuant to Subsection 
(2)(a)
(3)(a)
, 
shall state 
his
the officer's
 name and provide other identifying information to the 
person in charge of the dogs or property taken.
(3)
(4)
(a)
After taking possession of dogs, paraphernalia, implements, or other property 
or things under Subsection 
(2)
(3)
, the officer shall file an affidavit with the judge or 
magistrate before whom a complaint has been made against any person arrested 
under this section.
(b)
The affidavit shall include:
(i)
the name of the person charged in the complaint;
(ii)
a description of all property taken;
(iii)
the time and place of the taking of the property;
(iv)
the name of the person from whom the property was taken;
(v)
the name of the person who claims to own the property, if known; and
(vi)
a statement that the officer has reason to believe and believes that the property 
taken was used or employed, or was to be used or employed, in violation of 
Section 
76-9-301
 or 
76-9-301.1
76-13-202
, 
76-13-203
, 
76-13-204
, or 
76-13-205
, 
and the grounds for the belief.
(4)
(5)
(a)
The officer shall deliver the confiscated property to the judge or magistrate 
who shall, by order, place the property in the custody of the officer or any other 
person designated in the order, and that person shall keep the property until 
conviction or final discharge of the person against whom the complaint was made.
(b)
The person designated in Subsection 
(4)(a)
(5)(a)
 shall assume immediate custody 
of the property, and retain the property until further order of the court.
(c)
Upon conviction of the person charged, all confiscated property shall be forfeited and 
destroyed or otherwise disposed of, as the court may order.
(d)
If the person charged is acquitted or discharged without conviction, the court shall, 
on demand, order the property to be returned to its owner.
Section 384, Section 
76-13-104
, which is renumbered from Section 76-9-301.7 is renumbered 
and amended to read:
76-9-301.7
76-13-104
. Enhanced penalties for cruelty to animal offenses.
(1)
(a)
As used in this section, "conviction" means a conviction by plea or by verdict, 
including a plea of guilty or no contest that is held in abeyance under 
Title 77, 
Chapter 2a, Pleas in Abeyance
, regardless of whether the charge was, or is, 
subsequently reduced or dismissed in accordance with the plea in abeyance 
agreement.
(b)
Terms defined in Sections 
76-1-101.5
 and 
76-13-101
 apply to this section.
(2)
Except as provided in Subsection 
(4)
, 
a person
an actor
 who commits 
any
a
 violation 
of Section 
76-9-301
, Section 
76-9-301.5
, or Subsection 
76-9-301.1(4)
76-13-202
, 
76-13-203
, 
76-13-206
, or 
76-13-208
 within the state and on at least one previous 
occasion has been convicted of violating Section 
76-9-301
, Section 
76-9-301.5
, or 
Subsection 
76-9-301.1(4)
76-13-202
, 
76-13-203
, 
76-13-206
, or 
76-13-208
 shall be 
subject to an enhanced penalty as provided in Subsection 
(3)
.
(3)
The enhanced degree of offense for offenses committed under this section are:
(a)
if the offense is a class C misdemeanor, it is a class B misdemeanor; and
(b)
if the offense is a class B misdemeanor, it is a class A misdemeanor.
(4)
The penalty enhancements described in this section do not apply to a conviction for the 
offense described in 
Subsection 
76-9-301(6)
Section 
76-13-204
, Torturing a companion 
animal
.
Section 385, Section 
76-13-201
 is enacted to read:
2. Cruelty to Animal Offenses
76-13-201
. Definitions.
Reserved.
Section 386, Section 
76-13-202
, which is renumbered from Section 76-9-301 is renumbered 
and amended to read:
76-9-301
76-13-202
. Cruelty to an animal.
(1)
(a)
As used in this section:
(a)
(i)
(i)
(A)
"Abandon" means to intentionally deposit, leave, or drop off any 
live animal:
(A)
(I)
without providing for the care of that animal, in accordance with 
accepted animal husbandry practices or customary farming practices; or
(B)
(II)
in a situation where conditions present an immediate, direct, and 
serious threat to the life, safety, or health of the animal.
(ii)
(B)
"Abandon" does not include returning wildlife to its natural habitat.
(b)
(ii)
(i)
(A)
"Animal" means, except as provided in Subsection 
(1)(b)(ii)
(1)(a)(ii)(B)
, a live, nonhuman vertebrate creature.
(ii)
(B)
"Animal" does not include:
(A)
(I)
a live, nonhuman vertebrate creature, if:
(I)
(Aa)
the conduct toward the creature, and the care provided to the 
creature, is in accordance with accepted animal husbandry practices; and
(II)
(Bb)
the creature is:
(Aa)
(Ii)
owned or kept by a zoological park that is accredited by, or a 
member of, the American Zoo and Aquarium Association;
(Bb)
(IIii)
kept, owned, or used for the purpose of training hunting dogs 
or raptors; or
(Cc)
(IIIiii)
temporarily in the state as part of a circus or traveling 
exhibitor licensed by the United States Department of Agriculture 
under 7 U.S.C. Sec. 2133;
(B)
(II)
a live, nonhuman vertebrate creature that is owned, kept, or used for 
rodeo purposes, if the conduct toward the creature, and the care provided to 
the creature, is in accordance with accepted rodeo practices;
(C)
(III)
livestock, if the conduct toward the creature, and the care provided to 
the creature, is in accordance with accepted animal husbandry practices or 
customary farming practices; or
(D)
(IV)
wildlife, as defined in Section 
23A-1-101
, including protected and 
unprotected wildlife, if the conduct toward the wildlife is in accordance 
with lawful hunting, fishing, or trapping practices or other lawful practices.
(c)
"Companion animal" means an animal that is a domestic dog or a domestic cat.
(d)
(iii)
"Custody" means ownership, possession, or control over an animal.
(e)
(iv)
"Legal privilege" means an act that:
(i)
(A)
is authorized by state law, including rules under 
Title 23A, Wildlife 
Resources Act
; and
(ii)
(B)
is not in violation of a local ordinance.
(f)
(v)
"Livestock" means:
(i)
(A)
domesticated:
(A)
(I)
cattle;
(B)
(II)
sheep;
(C)
(III)
goats;
(D)
(IV)
turkeys;
(E)
(V)
swine;
(F)
(VI)
equines;
(G)
(VII)
camelidae;
(H)
(VIII)
ratites; or
(I)
(IX)
bison;
(ii)
(B)
domesticated elk, as defined in Section 
4-39-102
;
(iii)
(C)
a livestock guardian dog, as defined in Section 
76-6-111
; or
(iv)
(D)
any domesticated nonhuman vertebrate creature, domestic furbearer, or 
domestic poultry, raised, kept, or used for agricultural purposes.
(g)
(vi)
"Necessary food, water, care, or shelter" means the following, taking into 
account the species, age, and physical condition of the animal:
(i)
(A)
appropriate and essential food and water;
(ii)
(B)
adequate protection, including appropriate shelter, against extreme 
weather conditions; and
(iii)
(C)
other essential care.
(h)
(vii)
"Torture" means intentionally or knowingly causing or inflicting extreme 
physical pain to an animal in an especially heinous, atrocious, cruel, or 
exceptionally depraved manner.
(b)
Terms defined in Sections 
76-1-101.5
, 
76-13-101
, and 
76-13-201
 apply to this 
section.
(2)
Except as provided in Subsection 
(4)
 or 
(6)
, a person is guilty of
(4), an actor commits
cruelty to an animal if the 
person
actor
, without legal privilege to do so, intentionally, 
knowingly, recklessly, or with criminal negligence:
(a)
fails to provide necessary food, water, care, or shelter for an animal in the 
person's
actor's
 custody;
(b)
abandons an animal in the 
person's
actor's
 custody;
(c)
injures an animal;
(d)
causes 
any
an
 animal, not including a dog or game fowl, to fight with another 
animal of like kind for amusement or gain; or
(e)
causes 
any
an
 animal, including a dog or game fowl, to fight with a different kind of 
animal or creature for amusement or gain.
(3)
Except as provided in Section 
76-9-301.7
, a 
A 
violation of Subsection 
(2)
 is:
(a)
a class B misdemeanor if committed intentionally or knowingly; 
and
or
(b)
a class C misdemeanor if committed recklessly or with criminal negligence.
(4)
A person is guilty of aggravated cruelty to an animal if the person:
If an actor's conduct 
in violation of this section also constitutes a violation of Section 
76-13-203
, Aggravated 
cruelty to an animal, or Section 
76-13-204
, Torturing a companion animal, the actor's 
conduct shall be prosecuted under either Section 
76-13-203
 or 
76-13-204
 as applicable.
(a)
tortures an animal;
(b)
administers, or causes to be administered, poison or a poisonous substance to an 
animal; or
(c)
kills an animal or causes an animal to be killed without having a legal privilege to 
do so.
(5)
Except as provided in Subsection 
(6)
 or Section 
76-9-301.7
, a violation of Subsection 
(4)
 is:
(a)
a class A misdemeanor if committed intentionally or knowingly;
(b)
a class B misdemeanor if committed recklessly; and
(c)
a class C misdemeanor if committed with criminal negligence.
(6)
A person is guilty of a third degree felony if the person intentionally or knowingly 
tortures a companion animal.
(7)
(5)
It is a defense to prosecution under this section that the conduct of the actor 
towards the animal was:
(a)
by a licensed veterinarian using accepted veterinary practice;
(b)
directly related to bona fide experimentation for scientific research, provided that if 
the animal is to be destroyed, the manner employed will not be unnecessarily cruel 
unless directly necessary to the veterinary purpose or scientific research involved;
(c)
permitted under Section 
18-1-3
;
(d)
by 
a person
an actor
 who humanely destroys 
any
an
 animal found suffering past 
recovery for any useful purpose; or
(e)
by 
a person
an actor
 who humanely destroys 
any
an
 apparently abandoned animal 
found on the 
person's
actor's
 property.
(8)
(6)
For purposes of Subsection 
(7)(d)
(5)(d)
, before destroying the suffering animal, 
the 
person
actor
 who is not the owner of the animal shall obtain:
(a)
the judgment of a veterinarian of the animal's nonrecoverable condition;
(b)
the judgment of two other persons called by the 
person
actor
 to view the 
unrecoverable condition of the animal in the 
person's
actor's
 presence;
(c)
the consent from the owner of the animal to the destruction of the animal; or
(d)
a reasonable conclusion that the animal's suffering is beyond recovery, through the 
person's
actor's
 own observation, if the 
person
actor
 is in a location or circumstance 
where the 
person
actor
 is unable to contact another person.
(9)
(7)
This section does not affect or prohibit:
(a)
the training, instruction, and grooming of animals, if the methods used are in 
accordance with accepted animal husbandry practices or customary farming practices;
(b)
the use of an electronic locating or training collar by the owner of an animal for the 
purpose of lawful animal training, lawful hunting practices, or protecting against loss 
of that animal; or
(c)
the lawful hunting of, fishing for, or trapping of, wildlife.
(10)
(8)
County and municipal governments may not prohibit the use of an electronic 
locating or training collar.
(11)
(9)
Upon conviction under this section, the court may in its discretion, in addition to 
other penalties:
(a)
order the defendant to be evaluated to determine the need for psychiatric or 
psychological counseling, to receive counseling as the court determines to be 
appropriate, and to pay the costs of the evaluation and counseling;
(b)
require the defendant to forfeit any rights the defendant has to the animal subjected 
to a violation of this section and to repay the reasonable costs incurred by any person 
or agency in caring for each animal subjected to violation of this section;
(c)
order the defendant to no longer possess or retain custody of any animal, as specified 
by the court, during the period of the defendant's probation or parole or other period 
as designated by the court; and
(d)
order the animal to be placed for the purpose of adoption or care in the custody of a 
county or municipal animal control agency or an animal welfare agency registered 
with the state to be sold at public auction or humanely destroyed.
(12)
(10)
This section does not prohibit the use of animals in lawful training.
(13)
(11)
A veterinarian who, acting in good faith, reports a violation of this section to law 
enforcement may not be held civilly liable for making the report.
Section 387, Section 
76-13-203
 is enacted to read:
76-13-203
. Aggravated cruelty to an animal.
(1)
(a)
As used in this section:
(i)
"Animal" means the same as that term is defined in Section 
76-13-202
.
(ii)
"Custody" means the same as that term is defined in Section 
76-13-202
.
(iii)
"Legal privilege" means the same as that term is defined in Section 
76-13-202
.
(iv)
"Torture" means the same as that term is defined in Section 
76-13-202
.
(b)
Terms defined in Sections 
76-1-101.5
, 
76-13-101
, and 
76-13-201
 apply to this 
section.
(2)
Except as provided in Subsection 
(4)
, an actor commits aggravated cruelty to an animal 
if the actor:
(a)
tortures an animal;
(b)
administers, or causes to be administered, poison or a poisonous substance to an 
animal; or
(c)
kills an animal or causes an animal to be killed without having a legal privilege to do 
so.
(3)
A violation of Subsection 
(2)
 is:
(a)
a class A misdemeanor if committed intentionally or knowingly;
(b)
a class B misdemeanor if committed recklessly; or
(c)
a class C misdemeanor if committed with criminal negligence.
(4)
If an actor's conduct in violation of this section also constitutes a violation of Section 
76-13-204
, Torturing a companion animal, the actor's conduct shall be prosecuted under 
Section 
76-13-204
.
(5)
It is a defense to prosecution under this section that the conduct of the actor towards the 
animal was:
(a)
performed by a licensed veterinarian using accepted veterinary practice;
(b)
directly related to bona fide experimentation for scientific research, provided that if 
the animal is to be destroyed, the manner employed will not be unnecessarily cruel 
unless directly necessary to the veterinary purpose or scientific research involved;
(c)
permitted under Section 
18-1-3
;
(d)
performed by an actor who humanely destroys an animal found suffering past 
recovery for any useful purpose; or
(e)
performed by an actor who humanely destroys an apparently abandoned animal 
found on the actor's property.
(6)
For purposes of Subsection (5)(d), before destroying the suffering animal, an actor who 
is not the owner of the animal shall obtain:
(a)
the judgment of a veterinarian of the animal's nonrecoverable condition;
(b)
the judgment of two other individuals called by the actor to view the unrecoverable 
condition of the animal in the actor's presence;
(c)
the consent from the owner of the animal to the destruction of the animal; or
(d)
a reasonable conclusion that the animal's suffering is beyond recovery, through the 
actor's own observation, if the actor is in a location or circumstance where the actor is 
unable to contact another individual.
(7)
Upon conviction under this section, the court may in the court's discretion, in addition to 
other penalties:
(a)
order the actor to be evaluated to determine the need for psychiatric or psychological 
counseling, to receive counseling as the court determines to be appropriate, and to 
pay the costs of the evaluation and counseling;
(b)
require the actor to forfeit any rights the actor has to the animal subjected to a 
violation of this section and to repay the reasonable costs incurred by any person in 
caring for each animal subjected to violation of this section;
(c)
order the actor to no longer possess or retain custody of any animal, as specified by 
the court, during the period of the actor's probation or parole or other period as 
designated by the court; and
(d)
order the animal to be placed for the purpose of adoption or care in the custody of a 
county or municipal animal control agency or an animal welfare agency registered 
with the state to be sold at public auction or humanely destroyed.
(8)
A veterinarian who, acting in good faith, reports a violation of this section to law 
enforcement may not be held civilly liable for making the report.
Section 388, Section 
76-13-204
 is enacted to read:
76-13-204
. Torturing a companion animal.
(1)
(a)
As used in this section:
(i)
"Animal" means the same as that term is defined in Section 
76-13-202
.
(ii)
"Companion animal" means an animal that is a domestic dog or a domestic cat.
(iii)
"Custody" means the same as that term is defined in Section 
76-13-202
.
(iv)
"Torture" means the same as that term is defined in Section 
76-13-202
.
(b)
Terms defined in Sections 
76-1-101.5
, 
76-13-101
, and 
76-13-201
 apply to this 
section.
(2)
An actor commits torturing a companion animal if the actor intentionally or knowingly 
tortures a companion animal.
(3)
A violation of Subsection 
(2)
 is a third degree felony.
(4)
It is a defense to prosecution under this section that the conduct of the actor towards the 
animal was:
(a)
performed by a licensed veterinarian using accepted veterinary practice;
(b)
directly related to bona fide experimentation for scientific research, provided that if 
the animal is to be destroyed, the manner employed will not be unnecessarily cruel 
unless directly necessary to the veterinary purpose or scientific research involved; or
(c)
permitted under Section 
18-1-3
.
(5)
Upon conviction under this section, the court may in its discretion, in addition to other 
penalties:
(a)
order the actor to be evaluated to determine the need for psychiatric or psychological 
counseling, to receive counseling as the court determines to be appropriate, and to 
pay the costs of the evaluation and counseling;
(b)
require the actor to forfeit any rights the actor has to the animal subjected to a 
violation of this section and to repay the reasonable costs incurred by any person in 
caring for each animal subjected to violation of this section;
(c)
order the actor to no longer possess or retain custody of any animal, as specified by 
the court, during the period of the actor's probation or parole or other period as 
designated by the court; and
(d)
order the animal to be placed for the purpose of adoption or care in the custody of a 
county or municipal animal control agency or an animal welfare agency registered 
with the state to be sold at public auction or humanely destroyed.
(6)
A veterinarian who, acting in good faith, reports a violation of this section to law 
enforcement may not be held civilly liable for making the report.
Section 389, Section 
76-13-205
, which is renumbered from Section 76-9-301.1 is renumbered 
and amended to read:
76-9-301.1
76-13-205
. Dog fighting.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-13-101
, and 
76-13-201
 apply to this section.
(2)
It is unlawful for any person to
An actor commits dog fighting if the actor
:
(a)
own, possess, keep, or train
owns, possesses, keeps, or trains
 a dog with the intent to 
engage 
it
the dog
 in an exhibition of fighting with another dog;
(b)
cause
causes
 a dog to fight with another dog or 
cause
causes
 a dog to injure 
another dog for amusement or gain;
(c)
tie, attach, or fasten
ties, attaches, or fastens
 any live animal to a machine or device 
propelled by any power, for the purpose of causing the animal to be pursued by a dog;
or
(d)
permit or allow any act which
permits or allows any act that
 violates Subsection 
(1)(a)
, 
(b)
, or 
(c)
(2)(a), (b), or (c)
 on any premises under 
his
the actor's
 charge; or 
(e)
to control, aid, or abet any such act
controls, aids, or abets any act that violates 
Subsection 
(2)(a)
, (b), or (c)
.
(2)
(3)
(a)
A violation of Subsection 
(2)
 is a third degree felony.
(b)
A fine imposed for a violation of Subsection 
(2)
 may not exceed $25,000.
(4)
Possession of 
any
a
 breaking stick, treadmill, wheel, hot walker, cat mill, cat walker, 
jenni, or other paraphernalia
,
 together with evidence that the paraphernalia is being used 
or is intended for use in the unlawful training of a dog to fight with another dog, together 
with the possession of any such dog, is prima facie evidence of violation of 
Subsections 
(1)(b)
 and 
(c)
Subsection 
(2)(b)
 or (c)
.
(3)
A person who violates Subsection 
(1)
 is guilty of a third degree felony, and any fine 
imposed may not exceed $25,000.
(4)
It is unlawful for a person to knowingly and intentionally be present as a spectator at 
any place, building, or tenement where preparations are being made for an exhibition of 
dog fighting, or to knowingly and intentionally be present at a dog fighting exhibition or 
any other occurrence of fighting or injury described in this section. A person who 
violates this subsection is guilty of a class B misdemeanor.
(5)
Nothing in this section prohibits any of the following:
(a)
the use of dogs for management of livestock by the owner, 
his
the owner's
employees or agents, or any other person in the lawful custody of livestock;
(b)
the use of dogs for hunting; or
(c)
the training of dogs or the possession or use of equipment in the training of dogs for 
any purpose not prohibited by law.
Section 390, Section 
76-13-206
 is enacted to read:
76-13-206
. Attending a dog fight or related activity.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-13-101
, and 
76-13-201
 apply to this section.
(2)
An actor commits attending a dog fight or related activity if the actor knowingly or 
intentionally is:
(a)
present as a spectator at a place, building, or tenement where preparations are being 
made for an exhibition of dog fighting;
(b)
present at a dog fighting exhibition; or
(c)
present for any other conduct that would be in violation of Section 
76-13-205
, Dog 
fighting.
(3)
A violation of Subsection 
(2)
 is a class B misdemeanor.
Section 391, Section 
76-13-207
, which is renumbered from Section 76-9-301.3 is renumbered 
and amended to read:
76-9-301.3
76-13-207
. Game fowl fighting.
(1)
(a)
As used in this section:
(a)
(i)
"Game fowl" means a fowl reared or used for fighting other fowl.
(b)
(ii)
"Promote" means to engage in promoting, producing, or staging events or 
activities that involve game fowl fighting.
(b)
Terms defined in Sections 
76-1-101.5
, 
76-13-101
, and 
76-13-201
 apply to this 
section.
(2)
It is unlawful for a person to
An actor commits game fowl fighting if the actor
:
(a)
intentionally 
cause
causes
 a game fowl to fight with or attack another game fowl for 
the purpose of entertainment, sport, or contest; or
(b)
promote
promotes
 any activity that involves game fowl fighting, including 
promoting an activity that is a violation of Subsection 
(2)(a)
.
(3)
A person who violates 
A violation of 
Subsection 
(2)
 is
, upon conviction, guilty of
:
(a)
a class B misdemeanor for the first violation;
(b)
a class A misdemeanor for the second violation; or
(c)
a third degree felony for a third or subsequent violation.
(4)
This section does not prohibit the lawful use of livestock by the livestock owner, an 
employee or agent of the livestock owner, or a person in the lawful custody of livestock.
Section 392, Section 
76-13-208
, which is renumbered from Section 76-9-301.5 is renumbered 
and amended to read:
76-9-301.5
76-13-208
. Attending an organized animal fighting exhibition.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-13-101
, and 
76-13-201
 apply to this 
section.
(2)
It is unlawful for a person to
An actor commits attending an organized animal fighting 
exhibition if the actor is
 knowingly 
be 
present
:
(a)
 as a spectator at any place, building, or tenement where preparations are being made 
for an exhibition of the fighting of animals, as prohibited by 
Subsections 
76-9-301(2)(d)
 and 
(e)
,
Subsection 
76-13-202(2)(d)
 or (e);
 or
(b)
to be present 
at 
such
an
 exhibition
 prohibited by Subsection 
76-13-202(2)(d)
 or (e)
, 
regardless of whether 
any
an
 entrance fee has been charged. 
(3)
A person who violates this section is guilty of
A violation of Subsection (2) is
 a class B 
misdemeanor.
Section 393, Section 
76-13-209
, which is renumbered from Section 76-9-306 is renumbered 
and amended to read:
76-9-306
76-13-209
. Endangering, injuring, or killing a police service canine.
(1)
(a)
As used in this section:
(a)
(i)
"Handler" means a law enforcement officer who is specially trained, and uses 
a police service canine during the course of the performance of 
his
the law 
enforcement officer's
 law enforcement duties.
(b)
(ii)
"Police service canine" means
:
(A)
 any dog used by a law enforcement agency
, which
 that
 is specially trained 
for law enforcement work
, or
; or
(B)
any animal contracted to assist a law enforcement agency in the performance 
of law enforcement duties.
(b)
Terms defined in Sections 
76-1-101.5
, 
76-13-101
, and 
76-13-201
 apply to this 
section.
(2)
It is a second degree felony for a person to intentionally or knowingly cause
An actor 
commits endangering, injuring, or killing a police service canine if the actor 
intentionally or knowingly:
(a)
causes the 
death 
to
of
 a police service canine
.
;
(b)
causes bodily injury to a police service canine;
(c)
engages in conduct likely to cause bodily injury or death to a police service canine; or
(d)
lays out, places, or administers any poison, trap, substance, or object that is likely to 
produce bodily injury or death to a police service canine.
(3)
(a)
A violation of Subsection 
(2)(a)
 is a second degree felony.
(b)
A violation of Subsection 
(2)(b)
, (c), or (d) is a third degree felony.
(3)
It is a third degree felony for a person to intentionally or knowingly:
(a)
cause bodily injury to a police service canine;
(b)
engage in conduct likely to cause bodily injury or death to a police service canine; or
(c)
lay out, place, or administer any poison, trap, substance, or object which is likely to 
produce bodily injury or death to a police service canine.
(4)
It is a class A misdemeanor for a person to intentionally or knowingly:
(a)
taunt, torment, strike, or otherwise assault a police service canine;
(b)
throw any object or substance at, or in the path of, a police service canine;
(c)
interfere with or obstruct a police service canine, or attempt to, or interfere with the 
handler of the canine in a manner that inhibits, restricts, or deprives the handler of 
control of the canine;
(d)
release a police service canine from its area of control, such as a vehicle, kennel, or 
pen, or trespass in that area; or
(e)
place any food, object, or substance into a police service canine's area of control 
without the permission of the handler.
(5)
(4)
(a)
A police service canine is exempt from quarantine or other animal control 
ordinances if 
it
the police service canine
 bites any 
person
individual
 while under 
proper police supervision or routine veterinary care. 
(b)
The law enforcement agency and the 
canine's
police service canine's
 handler shall 
make the 
canine
police service canine
 available for examination at 
any
a
 reasonable 
time and shall notify the local health officer if the 
police service 
canine exhibits any 
abnormal behavior.
(6)
(5)
In addition to any other penalty, 
a person
an actor
 convicted of a violation of this 
section is liable for restitution to the owning or employing law enforcement agency or 
individual owner of the police service canine for the replacement, training, and 
veterinary costs incurred as a result of the violation of this section.
Section 394, Section 
76-13-210
 is enacted to read:
76-13-210
. Interference with a police service canine.
(1)
(a)
As used in this section:
(i)
"Handler" means the same as that term is defined in Section 
76-13-209
.
(ii)
"Police service canine" means the same as that term is defined in Section 
76-13-209
.
(b)
Terms defined in Sections 
76-1-101.5
, 
76-13-101
, and 
76-13-201
 apply to this 
section.
(2)
An actor commits interference with a police service canine if the actor intentionally or 
knowingly:
(a)
taunts, torments, strikes, or otherwise assaults a police service canine;
(b)
throws any object or substance at, or in the path of, a police service canine;
(c)
interferes with or obstructs a police service canine, or attempts to, or interferes with 
the handler of the police service canine in a manner that inhibits, restricts, or deprives 
the handler of control of the police service canine;
(d)
releases a police service canine from the police service canine's area of control, such 
as a vehicle, kennel, or pen, or trespasses in that area; or
(e)
places any food, object, or substance into a police service canine's area of control 
without the permission of the handler.
(3)
A violation of Subsection 
(2)
 is a class A misdemeanor.
(4)
In addition to any other penalty, an actor convicted of a violation of this section is liable 
for restitution to the owning or employing law enforcement agency or individual owner 
of the police service canine for the replacement, training, and veterinary costs incurred 
as a result of the violation of this section.
Section 395, Section 
76-13-211
, which is renumbered from Section 76-9-307 is renumbered 
and amended to read:
76-9-307
76-13-211
. Injuring, harassing, or endangering a service animal.
(1)
(a)
As used in this section:
(a)
(i)
"Disability" 
has the same meaning as
means the same as that term is
 defined 
in Section 
26B-6-801
.
(b)
(ii)
"Search and rescue dog" means a dog:
(i)
(A)
with documented training to locate 
persons
individuals
 who are:
(A)
(I)
lost, missing, or injured; or
(B)
(II)
trapped under debris as the result of a natural or man-made event; and
(ii)
(B)
affiliated with an established search and rescue dog organization.
(c)
(iii)
"Service animal" means:
(i)
(A)
a service animal as 
that term is 
defined in Section 
26B-6-801
; or
(ii)
(B)
a search and rescue dog.
(b)
Terms defined in Sections 
76-1-101.5
, 
76-13-101
, and 
76-13-201
 apply to this 
section.
(2)
An actor commits injuring, harassing, or endangering a service animal if the actor:
(a)
It is a class A misdemeanor for a person to 
knowingly, intentionally, or recklessly 
cause
causes
 substantial bodily injury or death to a service animal
.
;
(3)
(b)
It is a class A misdemeanor for a person who 
owns, keeps, harbors, or 
exercises control over an animal 
to
and
 knowingly, intentionally, or recklessly 
fail
fails
 to exercise sufficient control over the animal to prevent 
it
the animal
 from
causing
:
(a)
(i)
any
causing
 substantial bodily injury 
to 
or the death of a service animal;
 or
(b)
(ii)
the
causing a
 service animal's subsequent inability to function as a service 
animal as a result of the animal's attacking, chasing, or harassing the service 
animal
.
; or
(iii)
chasing or harassing a service animal while the service animal is carrying out the 
service animal's functions as a service animal, to the extent that the animal 
temporarily interferes with the service animal's ability to carry out the service 
animal's functions; or
(4)
(c)
It is a class B misdemeanor for a person to chase or harass
chases or harasses
 a 
service animal.
(3)
(a)
A violation of Subsection 
(2)(a)
, (2)(b)(i), or (2)(b)(ii) is a class A misdemeanor.
(b)
A violation of Subsection 
(2)(b)(iii)
 or (2)(c) is a class B misdemeanor.
(5)
It is a class B misdemeanor for a person who owns, keeps, harbors, or exercises control 
over an animal to knowingly, intentionally, or recklessly fail to exercise sufficient 
control over the animal to prevent it from chasing or harassing a service animal while it 
is carrying out its functions as a service animal, to the extent that the animal temporarily 
interferes with the service animal's ability to carry out its functions.
(6)
(4)
(a)
A service animal is exempt from quarantine or other animal control 
ordinances if 
it
the service animal
 bites 
any person
an individual
 while 
it
the 
service animal
 is subject to an offense under Subsection 
(2)
, 
(3)
, 
(4)
, or 
(5)
.
(b)
The owner of the service animal or the 
person
individual
 with a disability whom the 
service animal serves shall make the 
service 
animal available for examination at 
any
a
 reasonable time and shall notify the local health officer if the 
service 
animal 
exhibits any abnormal behavior.
(7)
(5)
In addition to any other penalty, 
a person
an actor
 convicted of 
any
a
 violation of 
this section is liable for restitution to the owner of the service animal or the 
person
individual
 with a disability whom the service animal serves for the replacement, 
training, and veterinary costs incurred as a result of the violation of this section.
(8)
(6)
If the act committed under this section amounts to an offense subject to a greater 
penalty under another provision of 
Title 76, Utah Criminal Code
, than is provided under 
this section, this section does not prohibit prosecution and sentencing for the more 
serious offense.
Section 396, Section 
76-13-212
, which is renumbered from Section 76-9-304 is renumbered 
and amended to read:
76-9-304
76-13-212
. Allowing a vicious animal to go at large.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-13-101
, and 
76-13-201
 apply to this section.
(2)
Any
An actor commits allowing a vicious animal to go at large if:
(a)
the actor is an 
owner of a vicious animal, knowing 
its
the animal's
 propensities, 
and:
(i)
who 
willfully allows 
it
the animal
 to go at large
;
 or 
(ii)
who 
keeps 
it
the animal
 without ordinary care
, and
; and
(b)
any
the
 animal, while at large, or while not kept with ordinary care, causes injury to 
or the death of 
another animal or 
to any
a
 human being who has taken reasonable 
precaution which the circumstances permitted
precautions under the circumstances.
(3)
(a)
, is guilty of
Except as provided in Subsection (3)(b), a violation of Subsection (2) 
is
 a class B misdemeanor
.
(b)
unless
A violation of Subsection (2) is a third degree felony if
 the animal causes the 
death of a human being
, whereupon the owner is guilty of a felony of the third degree
.
Section 397, Section 
76-13-213
, which is renumbered from Section 76-9-301.8 is renumbered 
and amended to read:
76-9-301.8
76-13-213
. Bestiality.
(1)
A person commits the crime of bestiality if the actor engages in any sexual activity 
with an animal with the intent of sexual gratification of the actor.
(2)
(1)
(a)
For purposes of this section
 only
:
(a)
(i)
"Animal" means any live, nonhuman vertebrate creature, including fowl.
(b)
(ii)
"Sexual activity" means physical sexual contact:
(i)
(A)
between the actor and the animal involving the genitals of the actor and 
the genitals of the animal;
(ii)
(B)
the genitals of the actor or the animal and the mouth or anus of the actor 
or the animal; or
(iii)
(C)
through the actor's use of an object in contact with the genitals or anus of 
the animal.
(b)
Terms defined in Sections 
76-1-101.5
, 
76-13-101
, and 
76-13-201
 apply to this 
section.
(2)
An actor commits bestiality if the actor engages in sexual activity with an animal with 
the intent to sexually gratify the actor.
(3)
A 
crime of bestiality
violation of Subsection 
(2)
 is a class B misdemeanor.
Section 398, Section 
76-13-214
, which is renumbered from Section 76-9-308 is renumbered 
and amended to read:
76-9-308
76-13-214
. Harassment of livestock.
(1)
(a)
As used in this section:
(a)
(i)
"Livestock" 
has the same meaning
means the same
 as that term is defined in 
Subsection 
76-9-301(1)
Section 
76-13-202
.
(b)
(ii)
"Unmanned aircraft system" means the same as that term is defined in 
Section 
72-10-102
.
(b)
Terms defined in Sections 
76-1-101.5
, 
76-13-101
, and 
76-13-201
 apply to this 
section.
(2)
Except as provided in Subsection 
(3)
, a person is guilty of
(4), an actor commits
harassment of livestock if the 
person
actor
 intentionally, knowingly, or recklessly 
chases, with the intent of causing distress, or harms livestock through the use of:
(a)
a motorized vehicle or all-terrain vehicle;
(b)
a dog; or
(c)
an unmanned aircraft system.
(3)
(a)
Except as provided in Subsection 
(3)(b)
, a violation of Subsection 
(2)
 is a class B 
misdemeanor if:
(i)
no livestock is seriously injured or killed as a result of the actor's actions; or
(ii)
the actor's actions cause the livestock to be displaced onto property where the 
livestock is not legally entitled to be.
(b)
A violation of Subsection 
(2)
 is a class A misdemeanor if:
(i)
the offense is the actor's second or subsequent offense;
(ii)
livestock is seriously injured or killed as a result of the actor's actions; or
(iii)
livestock or property suffered damage in excess of $1,000, including money 
spent in recovering the livestock, as a result of the actor's actions.
(3)
(4)
A person is not guilty of harassment of livestock
An actor does not commit a 
violation of Subsection 
(2)
 if:
(a)
the 
person
actor
 is:
(i)
the owner of the livestock;
(ii)
an employee or agent of the owner, or otherwise acting under the owner's general 
direction or with the owner's permission;
(iii)
acting in an emergency situation to prevent damage to the livestock or property; 
or
(iv)
an employee or agent of the state or a political subdivision and acting in the 
employee or agent's official capacity; or
(b)
the action is in line with generally accepted animal husbandry practices.
(4)
A person who violates this section is guilty of:
(a)
a class B misdemeanor if the violation is a first offense and:
(i)
no livestock is seriously injured or killed as a result of the person's actions; or
(ii)
the person's actions cause the livestock to be displaced onto property where the 
livestock is not legally entitled to be; and
(b)
a class A misdemeanor if:
(i)
the person has previously been convicted of harassment of livestock under this 
section;
(ii)
livestock is seriously injured or killed as a result of the person's actions; or
(iii)
livestock or property suffered damage in excess of $1,000, including money 
spent in recovering the livestock, as a result of the person's actions.
Section 399, Section 
76-13-215
, which is renumbered from Section 76-9-301.9 is renumbered 
and amended to read:
76-9-301.9
76-13-215
. Failure of an animal care facility to maintain required 
standards.
(1)
(a)
As used in this section:
(a)
(i)
"Animal care facility" means an animal rescue, animal sanctuary, or animal 
shelter.
(b)
(ii)
"Animal rescue" means a person that:
(i)
(A)
accepts companion animals for the purpose of finding a permanent home 
for each companion animal;
(ii)
(B)
does not maintain a central facility for keeping companion animals; and
(iii)
(C)
uses a system of temporarily fostering the companion animals in a 
private residence or boarding facility.
(c)
(iii)
"Animal sanctuary" means a nonprofit entity, other than a government 
entity, that:
(i)
(A)
harbors companion animals; and
(ii)
(B)
is used exclusively for the purpose of indefinitely caring for, 
rehabilitating, or housing companion animals.
(d)
(iv)
(i)
(A)
"Animal shelter" means the same as that term is defined in 
Section 
11-46-102
.
(ii)
(B)
"Animal shelter" does not include an animal rescue.
(e)
(v)
"Boarding facility" means a facility where a companion animal is kept for the 
purpose of caring for the companion animal.
(f)
(vi)
"Companion animal" means an animal that is a domestic dog or a domestic 
cat.
(g)
(vii)
"Facility" means a location other than a private residence.
(2)
An actor commits failure of an animal care facility to maintain required standards if the 
actor:
(a)
is an animal care facility; and
(b)
For a dog in an animal care facility's possession, the animal care facility shall 
fails 
to:
(i)
ensure that:
(a)
(A)
a female dog does not produce more than one litter in any twelve-month 
period, unless a licensed veterinarian has examined the female dog and has 
determined that it is safe for the dog to produce more than one litter in a 
twelve-month period; 
and
or
(b)
(B)
a dog under eight weeks 
of age
old
 or a dog not properly weaned is not 
sold
.
; or
(3)
(ii)
An animal care facility shall 
keep records:
(a)
(A)
identifying, to the best of the animal care facility's knowledge, an 
animal's owner at the time the animal care facility acquires the animal; 
and
or
(b)
(B)
documenting dangerous behaviors, if any, heath conditions, and medical 
care for an animal in the animal care facility's possession.
(4)
(3)
(a)
An animal care facility's violation of a requirement described in this section 
A violation of Subsection 
(2)
is an infraction subject to a fine of $750.
(b)
(4)
A prosecution under this section does not preclude a prosecution for any other 
criminal offense.
(5)
It is a defense to 
the penalty imposed
a prosecution
 under this section that the conduct 
of the actor toward the animal was:
(a)
performed 
by a licensed veterinarian using accepted veterinary practice;
(b)
directly related to bona fide experimentation for scientific research, provided that if 
the animal is to be destroyed, the manner employed will not be unnecessarily cruel 
unless directly necessary to the veterinary purpose or scientific research involved;
(c)
permitted under Section 
18-1-3
;
(d)
performed 
by a person who humanely destroys 
any
an
 animal found suffering past 
recovery for any useful purpose; or
(e)
performed 
by a person who humanely destroys 
any
an
 apparently abandoned animal 
found on the person's property.
(6)
This section does not prohibit the use of animals in lawful training.
(7)
A veterinarian who, acting in good faith, reports a violation of this section to law 
enforcement or the Department of Agriculture and Food in accordance with Section 
4-2-903
 may not be held civilly liable for making the report.
Section 400, Section 
76-14-101
 is enacted to read:
14. OFFENSES RELATED TO IMMIGRATION STATUS
1. General Provisions
76-14-101
. Definitions.
Reserved.
Section 401, Section 
76-14-201
, which is renumbered from Section 76-9-1002 is renumbered 
and amended to read:
2. Offenses Related to Immigration Status
76-9-1002
76-14-201
. Definitions.
As used in this part:
(1)
"Alien" means 
a person
an individual
 who is not a citizen or national of the United 
States.
(2)
"ICE" means the federal Immigration and Customs Enforcement agency of the United 
States Department of Homeland Security.
(3)
"Law enforcement officer" has the same meaning as in Section 
53-13-103
.
(4)
"SAVE program" means the federal Systematic Alien Verification for Entitlements 
program operated by the federal Department of Homeland Security.
(5)
"State or local governmental agency" includes 
any
a
 private contractor or vendor that 
contracts with the agency to provide the agency's functions or services.
(6)
"Verify immigration status" or "verification of immigration status" means the 
determination of 
a person's
an individual's
 immigration status by:
(a)
a law enforcement officer who is authorized by a federal agency to determine an 
alien's immigration status; or
(b)
the United States Department of Homeland Security, ICE, or other federal agency 
authorized to provide immigration status as provided by 8 U.S.C. Sec. 1373(c).
Section 402, Section 
76-14-202
, which is renumbered from Section 76-9-1003 is renumbered 
and amended to read:
76-9-1003
76-14-202
. Detention or arrest -- Determination of immigration 
status.
(1)
(a)
Except as provided in Subsection 
(1)(b)
, 
(c)
, or 
(d)
, 
any
a
 law enforcement 
officer who, acting in the enforcement of 
any
a
 state law or local ordinance, 
conducts 
any
a
 lawful stop, detention, or arrest of 
a person
an individual
 as 
specified in Subsection 
(1)(a)(i)
 or 
(ii)
, and the 
person
individual
 is unable to 
provide to the law enforcement officer a document listed in Subsection 
76-9-1004(1)
76-14-203(1)
 and the 
law enforcement 
officer is otherwise unable to verify the 
identity of the 
person
individual
, the 
law enforcement 
officer:
(i)
shall request verification of the citizenship or the immigration status of the 
person
individual
 under 8 U.S.C. Sec. 1373(c), except as allowed under Subsection 
(1)(b)
, 
(c)
, or 
(d)
, if the 
person
individual
 is arrested for an alleged offense that is a class 
A misdemeanor or a felony; and
(ii)
may attempt to verify the immigration status of the 
person
individual
, except as 
exempted under Subsection 
(1)(b)
, 
(c)
, or 
(d)
, if the alleged offense is a class B or 
C misdemeanor, except that if the 
person
individual
 is arrested and booked for a 
class B or C misdemeanor, the arresting law enforcement officer or the law 
enforcement agency booking the 
person
individual
 shall attempt to verify the 
immigration status of the 
person
individual
.
(b)
In individual cases, the law enforcement officer may forego the verification of 
immigration status under Subsection 
(1)(a)
 if the determination could hinder or 
obstruct a criminal investigation.
(c)
Subsection 
(1)(a)
 does not apply to a law enforcement officer who is acting as a 
school resource officer for 
any
an
 elementary or secondary school.
(d)
Subsection 
(1)(a)
 does not apply to a county or municipality when it has only one 
law enforcement officer on duty and response support from another law enforcement 
agency is not available.
(2)
When a law enforcement officer makes a lawful stop, detention, or arrest under 
Subsection 
(1)
 of the operator of a vehicle, and while investigating or processing the 
primary offense, the 
law enforcement 
officer makes observations that give the
 law 
enforcement
 officer reasonable suspicion that the operator or any of the passengers in 
the vehicle are violating Section 
76-5-308
, 
76-5-308.1
, 
76-5-308.3
, 
76-5-308.5
, 
76-5-310
, 
76-5-310.1
, or 
76-10-2901
76-14-209
, which concern smuggling, human trafficking, 
and
or
 transporting illegal aliens, the 
law enforcement 
officer shall, to the extent 
possible within a reasonable period of time:
(a)
detain the occupants of the vehicle to investigate the suspected violations; and
(b)
inquire regarding the immigration status of the occupants of the vehicle.
(3)
When 
a person
an individual
 under Subsection 
(1)
 is arrested or booked into a jail, 
juvenile detention facility, or correctional facility, the arresting officer or the booking 
officer shall ensure that a request for verification of immigration status of the arrested or 
booked 
person
individual
 is submitted as promptly as is reasonably possible.
(4)
The law enforcement agency that has custody of 
a person
an individual
 verified to be 
an illegal alien shall request that the United States Department of Homeland Security 
issue a detainer requesting transfer of the illegal alien into federal custody.
(5)
A law enforcement officer may not consider race, color, or national origin in 
implementing this section, except to the extent permitted by the constitutions of the 
United States and this state.
Section 403, Section 
76-14-203
, which is renumbered from Section 76-9-1004 is renumbered 
and amended to read:
76-9-1004
76-14-203
. Grounds for presumption of lawful presence in United 
States -- Statement to officer.
(1)
A person 
An individual 
is presumed to be lawfully present in the United States for the 
purposes of this 
part
chapter
 if the 
person
individual
 provides one of the following 
documents to the law enforcement officer, unless the law enforcement officer has a 
reasonable suspicion that the document is false or identifies 
a person
an individual
other than the 
person
individual
 providing the document:
(a)
a valid Utah driver license issued on or after January 1, 2010;
(b)
a valid Utah identification card issued under Section 
53-3-804
 and issued on or after 
January 1, 2010;
(c)
a valid tribal enrollment card or other valid form of tribal membership identification 
that includes photo identification;
(d)
a valid identification document that:
(i)
includes a photo or biometric identifier of the holder of the document; and
(ii)
is issued by a federal, state, or local governmental agency that requires proof or 
verification of legal presence in the United States as a condition of issuance of the 
document; or
(e)
a valid resident immigrant permit issued under Section 
63G-14-204
.
(2)
A person 
An individual 
is presumed to be a citizen or national of the United States for 
purposes of this part if the 
person
individual
 makes a statement or affirmation to the 
law enforcement officer that the 
person
individual
 is a United States citizen or national, 
unless the officer has a reasonable suspicion that the statement or affirmation is false.
Section 404, Section 
76-14-204
, which is renumbered from Section 76-9-1005 is renumbered 
and amended to read:
76-9-1005
76-14-204
. Illegal alien -- Notification of federal government -- 
Transportation to federal facility.
A state or local law enforcement agency may securely transport an alien who is in the 
agency's custody and whom the agency has verified is unlawfully present in the United States 
to
:
(1)
a federal detention facility in this state
 or,
;
or
(2)
with the concurrence of the receiving federal agency, to a federal facility or other point 
of transfer to federal custody that is outside this state.
Section 405, Section 
76-14-205
, which is renumbered from Section 76-9-1006 is renumbered 
and amended to read:
76-9-1006
76-14-205
. Enforcement of federal immigration laws.
A state or local governmental agency of this state, or 
any
a
 representative of the 
agency, may not:
(1)
limit or restrict by ordinance, regulation, or policy the authority of 
any
a
 law 
enforcement agency or other governmental agency to assist the federal government in 
the enforcement of any federal law or regulation governing immigration; or
(2)
limit or restrict by ordinance, regulation, or policy the authority of 
any
a
 law 
enforcement agency to investigate or enforce 
any
a
 violation of the federal 
misdemeanor offenses of willful failure to register as an alien or willful failure to 
personally possess an alien registration document as required by 8 U.S.C. Sec. 1304(e) 
or 1306(a).
Section 406, Section 
76-14-206
, which is renumbered from Section 76-9-1007 is renumbered 
and amended to read:
76-9-1007
76-14-206
. Determining an alien's immigration status -- Transfer or 
maintenance of information.
Except as limited by federal law, 
any
a
 state or local governmental agency is not 
restricted or prohibited in any way from sending, receiving, or maintaining information related 
to the lawful or unlawful immigration status of 
any person
an individual
 by communicating 
with 
any
a
 federal, state, or local governmental entity for 
any
a
 lawful purpose, including:
(1)
determining 
a person's
an individual's
 eligibility for 
any
a
 public benefit, service, or 
license provided by 
any
a
 federal agency, by this state, or by 
any
a
 political 
subdivision of this state;
(2)
confirming 
a person's
an individual's
 claim of residence or domicile if determination is 
required by state law or a judicial order issued pursuant to a civil or criminal proceeding 
in this state;
(3)
if the 
person
individual
 is an alien, determining if the 
person
individual
 is in 
compliance with the federal registration laws of Title II, Part 7, Immigration and 
Nationality Act; or
(4)
a valid request for verification of the citizenship or immigration status of 
any person
an 
individual
 pursuant to 8 U.S.C. Sec. 1373.
Section 407, Section 
76-14-207
, which is renumbered from Section 76-9-1008 is renumbered 
and amended to read:
76-9-1008
76-14-207
. Proof of immigration status required to receive public 
benefits.
(1)
(a)
An agency that provides state or local public benefits as defined in 8 U.S.C. Sec. 
1621 shall comply with Section 
63G-12-402
 and shall also comply with this section, 
except:
(i)
as provided in Subsection 
63G-12-402
(3)(g) or (k); or
(ii)
when compliance is exempted by federal law or when compliance could 
reasonably be expected to be grounds for the federal government to withhold 
federal Medicaid funding.
(b)
The agency shall verify 
a person's
an individual's
 lawful presence in the United 
States by requiring that the applicant under this section sign a certificate under 
penalty of perjury, stating that the applicant:
(i)
is a United States citizen; or
(ii)
is a qualified alien as defined by 8 U.S.C. Sec. 1641.
(c)
The certificate under Subsection (1)(b) shall include a statement advising the signer 
that providing false information subjects the signer to penalties for perjury.
(d)
The signature under this Subsection (1) may be executed in person or electronically.
(e)
When an applicant who is a qualified alien has executed the certificate under this 
section, the applicant's eligibility for benefits shall be verified by the agency through 
the federal SAVE program or an equivalent program designated by the United States 
Department of Homeland Security.
(2)
Any person
An individual
 who knowingly and willfully makes a false, fictitious, or 
fraudulent statement of representation in a certificate executed under this section is 
guilty of public assistance fraud by an applicant for public assistance under Section 
76-8-1203.1
.
(3)
If the certificate constitutes a false claim of United States citizenship under 18 U.S.C. 
Sec. 911, the agency requiring the certificate shall file a complaint with the United 
States Attorney for the applicable federal judicial district based upon the venue in which 
the certificate was executed.
(4)
Agencies may, with the concurrence of the Utah Attorney General, adopt variations to 
the requirements of the provisions of this section that provide for adjudication of unique 
individual circumstances 
where
in which
 the verification procedures in this section 
would impose unusual hardship on a legal resident of this state.
(5)
If an agency under Subsection (1) receives verification that 
a person
an individual
making an application for 
any
a
 benefit, service, or license is not a qualified alien, the 
agency shall provide the information to the local law enforcement agency for 
enforcement of public assistance fraud by an applicant for public assistance under 
Section 
76-8-1203.1
 unless prohibited by federal mandate.
Section 408, Section 
76-14-208
, which is renumbered from Section 76-9-1009 is renumbered 
and amended to read:
76-9-1009
76-14-208
. Implementation to be consistent with federal law and 
civil rights.
All state and local agencies shall implement this part in a manner that is consistent with 
federal laws that regulate immigration, protect the civil rights of all 
persons
individuals
, and 
establish the privileges and immunities of United States citizens.
Section 409, Section 
76-14-209
, which is renumbered from Section 76-10-2901 is renumbered 
and amended to read:
76-10-2901
76-14-209
. Transporting or harboring an alien.
(1)
(a)
As used in this 
part
section
:
(a)
(i)
Except as provided in Subsection 
(1)(b)
(1)(a)(ii)
, "alien" means an 
individual who is illegally present in the United States.
(b)
(ii)
On or after the program start date, as defined in Section 
63G-12-102
, "alien" 
does not include an individual who holds a valid permit, as defined in Section 
63G-12-102
.
(b)
Terms defined in Sections 
76-1-101.5
, 
76-14-101
, and 
76-14-201
 apply to this 
section.
(2)
It is unlawful for a person to
An actor commits transporting or harboring an alien if the 
actor
:
(a)
transport, move, or attempt
transports, moves, or attempts
 to transport into this state 
or within the state an alien for commercial advantage or private financial gain, 
knowing or in reckless disregard of the fact that the alien is in the United States in 
violation of federal law, in furtherance of the illegal presence of the alien in the 
United States;
(b)
knowingly, with the intent to violate federal immigration law, 
conceal, harbor, or 
shelter
conceals, harbors, or shelters
 from detection an alien in a place within this 
state, including a building or means of transportation for commercial advantage or 
private financial gain, knowing or in reckless disregard of the fact that the alien is in 
the United States in violation of federal law;
(c)
encourage or induce
encourages or induces
 an alien to come to, enter, or reside in 
this state, knowing or in reckless disregard of the fact that the alien's coming to, 
entry, or residence is or will be in violation of law; or
(d)
engage
engages
 in a conspiracy, for commercial advantage or private financial gain, 
to commit any of the offenses listed in 
this 
Subsection 
(2)
(a), (b), or (c)
.
(3)
(a)
A person who violates
A violation of
 Subsection 
(2)(a)
, 
(c)
, or 
(d)
 is 
guilty of 
a 
third degree felony.
(b)
A person who violates
A violation of 
 Subsection 
(2)(b)
 is 
guilty of 
a class A 
misdemeanor.
(4)
Nothing in this 
part
section
 prohibits or restricts the provision of:
(a)
a state or local public benefit described in 8 U.S.C. Sec. 1621(b); or
(b)
charitable or humanitarian assistance, including medical care, housing, counseling, 
food, victim assistance, religious services and sacraments, 
and
or
 transportation to 
and from a location where the assistance is provided, by a charitable, educational, or 
religious organization or 
its
the
 employees, agents, or volunteers
 of a charitable, 
educational, or religious organization
, using private funds.
(5)
(a)
It is not a violation of this 
part
section
 for a religious denomination or 
organization or an agent, officer, or member of a religious denomination or 
organization to encourage, invite, call, allow, or enable an alien to perform the 
vocation of a minister or missionary for the denomination or organization in the 
United States as a volunteer who is not compensated as an employee, 
notwithstanding the provision of room, board, travel, medical assistance, and other 
basic living expenses.
(b)
Subsection 
(5)(a)
 applies only to an alien who has been a member of the religious 
denomination or organization for at least one year.
(6)
An individual's participation in 
Title 63G, Chapter 14, Utah Pilot Sponsored Resident 
Immigrant Program Act
, either as a sponsor or resident alien
,
 does not constitute 
encouraging or inducing an alien to come to, enter, or reside in this state in violation of 
Subsection 
(2)(c)
.
Section 410, Section 
76-15-101
 is enacted to read:
15. EXPLOSIVES AND WEAPONS OF MASS DESTRUCTION
1. General Provisions
76-15-101
. Definitions.
Reserved.
Section 411, Section 
76-15-201
 is enacted to read:
2. Explosives
76-15-201
. Definitions.
Reserved.
Section 412, Section 
76-15-202
, which is renumbered from Section 76-10-308 is renumbered 
and amended to read:
76-10-308
76-15-202
. Venue of prosecution for delivering for transmission an 
explosive, chemical, or incendiary device.
Any person
An actor
 who knowingly, intentionally, or recklessly delivers 
any
an
explosive, chemical, or incendiary device to any person for transmission without the consent 
or direction of the lawful possessor may be prosecuted
:
(1)
 in the county in which 
he
the actor
 delivers 
it
the explosive, chemical, or incendiary 
device;
 or 
(2)
in the county to which 
it
the explosive, chemical, or incendiary device
 is transmitted.
Section 413, Section 
76-15-203
, which is renumbered from Section 76-10-302 is renumbered 
and amended to read:
76-10-302
76-15-203
. Unlawful failure to mark a container of explosives before 
transportation or storage.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-15-101
, and 
76-15-201
 apply to this section.
(2)
Every person who
An actor commits unlawful failure to mark a container of 
explosives before transportation or storage if the actor
 knowingly leaves with or delivers 
to another, or to 
any
an
 express or railway company or other common carrier, or to 
any
a
 warehouse or storehouse, 
any
a
 package containing nitroglycerin, dynamite, 
guncotton, gunpowder, or other highly explosive compound, or any benzine, gasoline, 
phosphorus, or other highly inflammable substance, or any vitriol, sulphuric, nitric, 
carbolic, muriatic, or other dangerous acid, chemical or compound, to be handled, 
stored, shipped, or transported, without plainly marking and indicating on 
such
the
package the name and nature of the contents 
thereof, is guilty of
inside the package.
(3)
A violation of Subsection 
(2)
 is 
a class B misdemeanor.
Section 414, Section 
76-15-204
, which is renumbered from Section 76-10-303 is renumbered 
and amended to read:
76-10-303
76-15-204
. Unlawful construction or use of a powder house.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-15-101
, and 
76-15-201
 apply to this section.
(2)
Every person who
An actor commits unlawful construction or use of a powder 
house if the actor
 builds, constructs, or uses within 300 feet of 
any
a
 residence or 
traveled county road 
any
a
 powder house, magazine, or building in which powder, 
dynamite, or other explosive is kept in quantities exceeding 500 pounds
 is guilty of a 
class B misdemeanor; provided that this section shall not apply to any magazine 
maintained at any mine or stone quarry
.
(3)
A violation of Subsection 
(2)
 is a class B misdemeanor.
(4)
This section does not apply to a magazine maintained at a mine or stone quarry.
Section 415, Section 
76-15-205
, which is renumbered from Section 76-10-304 is renumbered 
and amended to read:
76-10-304
76-15-205
. Unlawful failure to mark a container of a high explosive 
held for sale or use.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-15-101
, and 
76-15-201
 apply to this section.
(2)
It shall be a class A misdemeanor to sell or offer
An actor commits unlawful 
failure to mark a container of a high explosive for sale or use if the actor:
(a)
sells or offers 
for sale
,
 or 
take or solicit
takes or solicits
 orders of sale, or 
purchase 
or use, or have
purchases or uses, or has
 on hand or in store for the purpose of sale or 
use, 
any
a
 giant, hercules, atlas, venture or any other high explosive containing 
nitroglycerin
; and
(b)
, unless
fails to plainly stamp or print
 on each box or package and wrapper 
containing 
any such
the
 high explosive
:
(i)
there shall be plainly stamped or printed 
the name and place of business of the 
person, partnership, or corporation by whom or by which 
it
the high explosive
was manufactured
, and
;
(ii)
the exact and true date of 
its
the high explosive's
 manufacture
,
;
 and 
(iii)
the percentage of nitroglycerin or other high explosive contained 
therein
within 
the box or package
.
(3)
A violation of Subsection 
(2)
 is a class A misdemeanor.
Section 416, Section 
76-15-206
, which is renumbered from Section 76-10-305 is renumbered 
and amended to read:
76-10-305
76-15-206
. Unlawful combination of dates in a box or package of 
high explosives.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-15-101
, and 
76-15-201
 apply to this section.
(2)
It shall be unlawful for any person or persons, partnership, or corporation to have
An actor commits unlawful combination of dates in a box or package of high explosives 
if the actor puts
 two or more different dates on 
any
a
 box or package containing
 a
 giant, 
hercules, atlas, or venture, or any other high explosive containing nitroglycerin. 
It shall 
further be unlawful to use any box, package, or wrapper formerly used by any other 
person or persons, partnership, or corporation in the packing of such giant, hercules, 
atlas, venture, or other high explosive containing nitroglycerin, and the name and date 
on the box or package shall be the same as on the wrapper containing the giant, hercules, 
atlas, venture, or other explosive containing nitroglycerin.
(3)
A violation of Subsection 
(2)
 is a class A misdemeanor.
Section 417, Section 
76-15-207
 is enacted to read:
76-15-207
. Unlawful reuse of a high explosive box, package, or wrapper.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-15-101
, and 
76-15-201
 apply to this section.
(2)
An actor commits unlawful reuse of a high explosive box, package, or wrapper if the 
actor uses a box, package, or wrapper that was formerly used by another person in the 
packing of a giant, hercules, atlas, venture, or other high explosive containing 
nitroglycerin.
(3)
A violation of Subsection 
(2)
 is a class A misdemeanor.
Section 418, Section 
76-15-208
 is enacted to read:
76-15-208
. Unlawful failure to have a high explosive box or package match an 
enclosed high explosive wrapper.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-15-101
, and 
76-15-201
 apply to this section.
(2)
An actor commits unlawful failure to have a high explosive box or package match an 
enclosed high explosive wrapper if:
(a)
the actor puts a giant, hercules, atlas, venture, or other explosive containing 
nitroglycerin inside a box or package; and
(b)
the name and date on the box or package do not match the name and date on the 
wrapper containing the high explosive.
(3)
A violation of Subsection 
(2)
 is a class A misdemeanor.
Section 419, Section 
76-15-209
, which is renumbered from Section 76-10-307 is renumbered 
and amended to read:
76-10-307
76-15-209
. Unlawful delivery or mailing of an explosive, chemical, or 
incendiary device.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-15-101
, and 
76-15-201
 apply to this section.
(2)
An actor commits unlawful delivery or mailing of an explosive, chemical, or incendiary 
device if the actor:
(a)
Any person is guilty of a felony of the second degree who 
delivers or causes to 
be delivered to 
any
an
 express or railway company or other common carrier, or to 
any person, 
any
an
 explosive, chemical, or incendiary device
, knowing it
;
(b)
knows the explosive, chemical, or incendiary device 
to be 
the
an explosive, 
chemical, or incendiary
 device
, without informing
; and
(c)
(i)
fails to inform
 the common carrier or person 
of its nature
that the item is an 
explosive, chemical, or incendiary device;
 or 
(ii)
sends 
it
the explosive, chemical, or incendiary device
 through the mail.
(3)
A violation of Subsection 
(2)
 is a second degree felony.
Section 420, Section 
76-15-210
, which is renumbered from Section 76-10-306 is renumbered 
and amended to read:
76-10-306
76-15-210
. Unlawful conduct involving an explosive, chemical, or 
incendiary device.
(1)
(a)
As used in this section:
(a)
(i)
(A)
"Explosive, chemical, or incendiary device" means:
(i)
(I)
dynamite and all other forms of high explosives, including water gel, 
slurry, military C-4 (plastic explosives), blasting agents to include 
nitro-carbon-nitrate, ammonium nitrate, fuel oil mixtures, cast primers and 
boosters, R.D.X., P.E.T.N., electric and nonelectric blasting caps, exploding 
cords commonly called detonating cord, detcord, or primacord, picric acid 
explosives, T.N.T. and T.N.T. mixtures, nitroglycerin and nitroglycerin 
mixtures, or any other chemical mixture intended to explode with fire or 
force;
(ii)
(II)
any explosive bomb, grenade, missile, or similar device; 
and
or
(iii)
(III)
any incendiary bomb, grenade, fire bomb, chemical bomb, or similar 
device, including any device, except kerosene lamps, if criminal intent has 
not been established, which consists of or includes a breakable container 
including a flammable liquid or compound and a wick composed of any 
material which, when ignited, is capable of igniting the flammable liquid or 
compound or any breakable container which consists of, or includes a 
chemical mixture that explodes with fire or force and can be carried, 
thrown, or placed.
(b)
(ii)
"Explosive, chemical, or incendiary device" does not include rifle, pistol, or 
shotgun ammunition, reloading components, or muzzleloading equipment.
(c)
"Explosive, chemical, or incendiary parts" means any substances or materials or 
combinations which have been prepared or altered for use in the creation of an 
explosive, chemical, or incendiary device. These substances or materials include:
(i)
timing device, clock, or watch which has been altered in such a manner as to be 
used as the arming device in an explosive;
(ii)
pipe, end caps, or metal tubing which has been prepared for a pipe bomb; and
(iii)
mechanical timers, mechanical triggers, chemical time delays, electronic time 
delays, or commercially made or improvised items which, when used singly or in 
combination, may be used in the construction of a timing delay mechanism, booby 
trap, or activating mechanism for any explosive, chemical, or incendiary device.
(d)
"Explosive, chemical, or incendiary parts" does not include rifle, pistol, or shotgun 
ammunition, or any signaling device customarily used in operation of railroad 
equipment.
(b)
Terms defined in Sections 
76-1-101.5
, 
76-15-101
, and 
76-15-201
 apply to this 
section.
(2)
An actor commits unlawful conduct involving an explosive, chemical, or incendiary 
device if, under circumstances not amounting to a violation of Part 2, Weapons of Mass 
Destruction, the actor:
(a)
intentionally, knowingly, or recklessly:
(i)
possesses or controls an explosive, chemical, or incendiary device; or
(ii)
removes or causes to be removed or carries away an explosive, chemical, or 
incendiary device from the premises where the explosive, chemical, or incendiary 
device is kept by the lawful user, vendor, transporter, or manufacturer, without the 
consent or direction of the lawful possessor; or
(b)
intentionally or knowingly:
(i)
uses or causes to be used an explosive, chemical, or incendiary device in the 
commission of or an attempt to commit a felony;
(ii)
injures another or attempts to injure another person or another person's property 
through the use of an explosive, chemical, or incendiary device; or
(iii)
transports, possesses, distributes, or sells any explosive, chemical, or incendiary 
device in a secure area established pursuant to Section 
76-8-311.1
, 
76-8-311.3
, 
76-11-215
, or 
78A-2-203
.
(3)
(a)
A violation of Subsection 
(2)
(a) is a second degree felony.
(b)
A violation of Subsection 
(2)(b)
 is a first degree felony.
(2)
(4)
The provisions in 
Subsections (3) and (6)
Subsection 
(2)(a)(i)
 do not apply to:
(a)
any
a
 public safety officer while acting in an official capacity transporting or 
otherwise handling 
explosives, chemical, or incendiary devices
an explosive, 
chemical, or incendiary device
;
(b)
any
a
 member of the armed forces of the United States or Utah National Guard 
while acting in an official capacity;
(c)
any
a
 person possessing a valid permit issued under the provisions of the 
International Fire Code, Section 105 and Chapter 56, or 
any
an
 employee of the 
permittee acting within the scope of employment;
(d)
any
a
 person possessing a valid license as an importer, wholesaler, display operator, 
special effects operator, or flame effects operator under the provisions of Sections 
11-3-3.5
 and 
53-7-223
; 
and
or
(e)
any
a
 person or entity possessing or controlling an explosive, chemical, or 
incendiary device as part of 
its
the person's or entity's
 lawful business operations.
(3)
Any person is guilty of a second degree felony who, under circumstances not 
amounting to a violation of Part 4, Weapons of Mass Destruction, knowingly, 
intentionally, or recklessly possesses or controls an explosive, chemical, or incendiary 
device.
(4)
Any person is guilty of a first degree felony who, under circumstances not amounting 
to a violation of Part 4, Weapons of Mass Destruction, knowingly or intentionally:
(a)
uses or causes to be used an explosive, chemical, or incendiary device in the 
commission of or an attempt to commit a felony;
(b)
injures another or attempts to injure another person or another person's property 
through the use of an explosive, chemical, or incendiary device; or
(c)
transports, possesses, distributes, or sells any explosive, chemical, or incendiary 
device in a secure area established pursuant to Section 
76-8-311.1
, 
76-8-311.3
, 
76-10-529
, or 
78A-2-203
.
(5)
Any person who, under circumstances not amounting to a violation of Part 4, Weapons 
of Mass Destruction, knowingly, intentionally, or recklessly removes or causes to be 
removed or carries away any explosive, chemical, or incendiary device from the 
premises where the explosive, chemical, or incendiary device is kept by the lawful user, 
vendor, transporter, or manufacturer without the consent or direction of the lawful 
possessor is guilty of a second degree felony.
(6)
Any person who, under circumstances not amounting to a violation of Part 4, Weapons 
of Mass Destruction, knowingly, intentionally, or recklessly possesses any explosive, 
chemical, or incendiary parts is guilty of a third degree felony.
Section 421, Section 
76-15-211
 is enacted to read:
76-15-211
. Unlawful conduct involving an explosive, chemical, or incendiary 
part.
(1)
(a)
As used in this section:
(i)
"Explosive, chemical, or incendiary device" means the same as that term is 
defined in Section 
76-15-210
.
(ii)
(A)
"Explosive, chemical, or incendiary part" means an explosive, chemical, or 
incendiary part substance or material, or combination of explosive, chemical, 
or incendiary part substances or materials, that has been prepared or altered for 
use in the creation of an explosive, chemical, or incendiary device.
(B)
"Explosive, chemical, or incendiary part" does not include rifle, pistol, or 
shotgun ammunition, or any signaling device customarily used in operation of 
railroad equipment.
(iii)
"Explosive, chemical, or incendiary part substance or material" includes:
(A)
a timing device, clock, or watch that has been altered in such a manner as to 
be used as the arming device in an explosive;
(B)
a pipe, end cap, or metal tubing that has been prepared for a pipe bomb; and
(C)
a mechanical timer, mechanical trigger, chemical time delay, electronic time 
delay, or commercially made or improvised items that, when used singly or in 
combination, may be used in the construction of a timing delay mechanism, 
booby trap, or activating mechanism for an explosive, chemical, or incendiary 
device.
(b)
Terms defined in Sections 
76-1-101.5
, 
76-15-101
, and 
76-15-201
 apply to this 
section.
(2)
An actor commits unlawful conduct involving an explosive, chemical, or incendiary 
part if, under circumstances not amounting to a violation of Part 3, Weapons of Mass 
Destruction, the actor intentionally, knowingly, or recklessly possesses an explosive, 
chemical, or incendiary part.
(3)
A violation of Subsection 
(2)
 is a third degree felony.
(4)
The provisions in Subsection (2) do not apply to:
(a)
a public safety officer while acting in an official capacity transporting or otherwise 
handling an explosive, chemical, or incendiary device;
(b)
a member of the armed forces of the United States or Utah National Guard while 
acting in an official capacity;
(c)
a person possessing a valid permit issued under the provisions of the International 
Fire Code, Section 105 and Chapter 56, or an employee of the permittee acting 
within the scope of employment;
(d)
a person possessing a valid license as an importer, wholesaler, display operator, 
special effects operator, or flame effects operator under the provisions of Sections 
11-3-3.5
 and 
53-7-223
; or
(e)
a person or entity possessing or controlling an explosive, chemical, or incendiary 
device as part of the person's or entity's lawful business operations.
Section 422, Section 
76-15-301
, which is renumbered from Section 76-10-401 is renumbered 
and amended to read:
3. Weapons of Mass Destruction
76-10-401
76-15-301
. Definitions.
As used in this part:
(1)
"Biological agent" means 
any
a
 microorganism, virus, infectious substance, or 
biological product that may be engineered as a result of biotechnology, or 
any
a
naturally occurring or bioengineered component of 
any
a
 microorganism, virus, 
infectious substance, or biological product, that is capable of causing:
(a)
death, disease, or other biological malfunction in a human, an animal, a plant, or 
another living organism;
(b)
deterioration of food, water, equipment, supplies, or material of any kind; or
(c)
deleterious alteration of the environment.
(2)
"Delivery system" means:
(a)
any
an
 apparatus, equipment, device, or means of delivery specifically designed to 
deliver or disseminate a biological agent, toxin, or vector; or
(b)
any
a
 vector.
(3)
"Hoax weapon of mass destruction" means 
any
a
 device or object that by 
its
the 
device's or object's
 design, construction, content, or characteristics appears to be or to 
contain, or is represented to be, constitute, or contain, a weapon of mass destruction as 
defined in this section, but which is, in fact, an inoperative facsimile, imitation, 
counterfeit, or representation of a weapon of mass destruction 
which
that
 does not:
(a)
meet the definition of a weapon of mass destruction; or
(b)
actually contain or constitute a weapon, biological agent, toxin, vector, or delivery 
system prohibited by this section.
(4)
"Toxin" means the toxic material of plants, animals, microorganisms, viruses, fungi, or 
infectious substances, or a recombinant molecule, whatever its origin or method of 
production, including:
(a)
any
a
 poisonous substance or biological product that may be engineered as a result 
of biotechnology produced by a living organism; or
(b)
any
a
 poisonous isomer or biological product, homolog, or derivative of the 
substance under Subsection 
(4)(a)
.
(5)
"Vector" means a living organism, or molecule, including a recombinant molecule, or 
biological product that may be engineered as a result of biotechnology, capable of 
carrying a biological agent or toxin to a host.
(6)
(a)
"Weapon of mass destruction" means:
(i)
any
an
 item or instrumentality that is designed or intended to cause widespread 
death or serious bodily injury to multiple victims;
(ii)
any
an
 item or instrumentality that is designed or intended to cause death or 
serious bodily injury through the release, dissemination, or impact of toxic or 
poisonous chemicals, or 
their
the
 precursors
 of toxic or poisonous chemicals
;
(iii)
any
a
 disease organism, including 
any
a
 biological agent, toxin, or vector 
which
that
 is used or intended to be used as a weapon;
(iv)
any
an
 item or instrumentality that is designed to release radiation or 
radioactivity at a level dangerous to human life and that is used or intended to be 
used as a weapon; or
(v)
any
a
 substance or material or combination 
which
that
 has been prepared or 
altered for use in the creation of a weapon described in Subsections 
(6)(a)(i)
through 
(iv)
.
(b)
"Weapon of mass destruction" does not include 
firearms
a firearm
 or rifle, pistol, or 
shotgun ammunition, reloading components, or muzzleloading equipment.
Section 423, Section 
76-15-302
, which is renumbered from Section 76-10-402 is renumbered 
and amended to read:
76-10-402
76-15-302
. Unlawful manufacture, possession, sale, use, or attempted 
use of a weapon of mass destruction.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-15-101
, and 
76-15-301
 apply to this section.
(2)
A person who
An actor commits unlawful manufacture, possession, sale, use, or 
attempted use of a weapon of mass destruction if the actor,
 without lawful authority
,
intentionally or knowingly manufactures, possesses, sells, delivers, displays, uses, 
attempts to use, solicits the use of, or conspires to use a weapon of mass destruction or a 
delivery system for a weapon of mass destruction, including any biological agent, toxin, 
vector, or delivery system
 as those terms are defined in this section, is guilty of a first 
degree felony
.
(3)
A violation of Subsection 
(2)
 is a first degree felony.
(4)
In addition to any other penalty authorized by law, a court shall order an actor convicted 
of a 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.
(5)
This section does not apply to a member or employee of the armed forces of the United 
States, allied armed forces personnel, a federal or state governmental agency, or a 
private entity, who is engaged in lawful activity within the scope of the actor's 
employment, if the actor is authorized or licensed to manufacture, possess, sell, deliver, 
display, or otherwise engage in activity relative to this section, and if the actor is in 
compliance with applicable federal and state law.
Section 424, Section 
76-15-303
, which is renumbered from Section 76-10-403 is renumbered 
and amended to read:
76-10-403
76-15-303
. Unlawful manufacture, possession, sale, use, or attempted 
use of a hoax weapon of mass destruction.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-15-101
, and 
76-15-301
 apply to this section.
(2)
Any person who
An actor commits unlawful manufacture, possession, sale, use, or 
attempted use of a hoax weapon of mass destruction if the actor,
 without lawful authority
,
 intentionally or knowingly manufactures, possesses, sells, delivers, displays, uses, 
attempts to use, solicits the use of, or conspires to use a hoax weapon of mass 
destruction with the intent to deceive or otherwise mislead another person into believing 
that the hoax weapon of mass destruction is a weapon of mass destruction
 is guilty of a 
second degree felony
.
(3)
A violation of Subsection 
(2)
 is a second degree felony.
(4)
In addition to any other penalty authorized by law, a court shall order an actor convicted 
of a 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.
(5)
This section does not apply to a member or employee of the armed forces of the United 
States, allied armed forces personnel, a federal or state governmental agency, or a 
private entity, who is engaged in lawful activity within the scope of the actor's 
employment, if the actor is authorized or licensed to manufacture, possess, sell, deliver, 
display, or otherwise engage in activity relative to this section, and if the actor is in 
compliance with applicable federal and state law.
Section 425, Section 
76-16-101
 is enacted to read:
16. OFFENSES CONCERNING BUSINESS PRACTICES
1. General Provisions
76-16-101
. Definitions.
Reserved.
Section 426, Section 
76-16-201
, which is renumbered from Section 76-10-701 is renumbered 
and amended to read:
2. Corporation and Association Offenses
76-10-701
76-16-201
. Definitions.
As used in this part:
(1)
"Bona fide stockholder of record" means a stockholder of record who has acquired stock 
in good faith and is acting for a proper purpose reasonably related to 
his
the 
stockholder's
 interests as a stockholder.
(2)
"Director" means 
any of the persons
a person
 having by law the direction or 
management of the affairs of a corporation, by whatever name the 
persons are
person is
described in 
its
the corporation's
 charter or 
is 
known by law.
Section 427, Section 
76-16-202
, which is renumbered from Section 76-10-709 is renumbered 
and amended to read:
76-10-709
76-16-202
. Presumption of director's knowledge of affairs.
Every
A
 director of a corporation or joint stock association is deemed to possess a 
knowledge of the affairs of 
his
the
 corporation 
or association so 
as to enable 
him
the director
to determine whether 
any
an
 act, proceeding, or omission of 
its
the corporation's or 
association's
 directors is a violation of this part.
Section 428, Section 
76-16-203
, which is renumbered from Section 76-10-710 is renumbered 
and amended to read:
76-10-710
76-16-203
. Presumption of director's concurrence in action if 
present at meeting -- Exception.
Every
(1)
Except as provided in Subsection 
(2)
, a
 director of a corporation or joint stock 
association who is present at a meeting of the directors at which 
any
an
 act, proceeding, 
or omission of the directors in violation of this part occurs is deemed to have concurred 
therein, unless he 
in the act, proceeding, or omission.
(2)
A director is not deemed to have concurred in an act, proceeding, or omission of the 
directors if, 
at the time 
of the act, proceeding, or omission, the director:
(a)
causes, or in writing requires, 
his
the director's
 dissent 
therefrom
from the act, 
proceeding, or omission
 to be entered in the minutes of the directors
;
 or 
(b)
forwards 
his
the director's
 dissent by registered mail to the secretary of the 
corporation immediately after the adjournment of the meeting.
Section 429, Section 
76-16-204
, which is renumbered from Section 76-10-711 is renumbered 
and amended to read:
76-10-711
76-16-204
. Foreign corporations subject to Utah laws.
It is no defense to a prosecution for a violation of 
any of the provisions of 
this part that 
the corporation was 
one 
created by the laws of another state, government, or country if 
it 
was one 
the corporation is 
carrying on business or keeping an office 
therefor 
within this 
state.
Section 430, Section 
76-16-205
, which is renumbered from Section 76-10-702 is renumbered 
and amended to read:
76-10-702
76-16-205
. Fraudulent signing of a stock subscription or agreement.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-16-101
, and 
76-16-201
 apply to this section.
(2)
Every person who
An actor commits fraudulent signing of a stock subscription or 
agreement if the actor:
(a)
signs the name of a fictitious person to 
any
a
 subscription for, or agreement to take, 
stock in 
any
a proposed or existing
 corporation
 existing or proposed, and every 
person who
; or
(b)
signs 
to any subscription or agreement 
the name of any person
 to a subscription for, 
or agreement to take, stock in a proposed or existing corporation
, knowing that the 
person has no means or does not intend in good faith to comply with all the terms 
thereof
of the subscription or agreement
, or under any understanding or agreement 
that the terms of the subscription or agreement are not to be complied with or 
enforced
, is guilty of a class B misdemeanor
.
(3)
A violation of Subsection 
(2)
 is a class B misdemeanor.
Section 431, Section 
76-16-206
, which is renumbered from Section 76-10-703 is renumbered 
and amended to read:
76-10-703
76-16-206
. Exhibition of a fraudulent document relating to a 
corporation or an increase of capital stock.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-16-101
, and 
76-16-201
 apply to this section.
(2)
An actor commits exhibition of a fraudulent document relating to a corporation or an 
increase of capital stock if the actor:
(a)
Every
is:
(i)
an 
officer, agent, or clerk of 
any
a
 corporation
, or any
; or
(ii)
a 
person proposing to organize a corporation
,
 or to increase the capital stock of 
any
a
 corporation
, who
; and
(b)
 knowingly exhibits 
any
a
 false, forged, or altered book, paper, voucher, security, or 
other instrument of evidence to 
any
a
 public officer or board authorized by law to 
examine the organization of the corporation, or to investigate 
its
the corporation's
affairs, or to allow an increase of 
its
the corporation's
 capital, with
 the
 intent to 
deceive the officer or board 
in respect thereto, shall be guilty of a felony of the third 
degree
with respect to the examination, investigation, or increase of capital
.
(3)
A violation of Subsection 
(2)
 is a third degree felony.
Section 432, Section 
76-16-207
, which is renumbered from Section 76-10-704 is renumbered 
and amended to read:
76-10-704
76-16-207
. Misrepresentation of a person as an officer, agent, 
member, or promoter.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-16-101
, and 
76-16-201
 apply to this section.
(2)
Every person who,
An actor commits misrepresentation of a person as an officer, 
agent, member, or promoter if the actor, 
 without being authorized 
so 
to do
 so
, 
subscribes the name of another
 person
 to, or inserts the name of another 
person 
in, 
any
a
prospectus, circular, or other advertisement or announcement of 
any
an existing
corporation or joint stock association, existing or intended to be formed, with 
the 
intent 
to permit 
it
the prospectus, circular, or other advertisement or announcement
 to be 
published, and thereby to lead persons to believe that the person whose name is 
so 
subscribed
included in the prospectus, circular, or other advertisement or announcement
is an officer, agent, member, or promoter of 
such
the
 corporation or association
, is 
guilty of 
.
(3)
A violation of Subsection 
(2)
 is 
a class B misdemeanor.
Section 433, Section 
76-16-208
, which is renumbered from Section 76-10-705 is renumbered 
and amended to read:
76-10-705
76-16-208
. Illegal concurrence by a director in a dividend or division 
of capital.
(1)
(a)
For purposes of this section, "director" does not include a director of:
(i)
a savings and loan association; or
(ii)
a building and loan association.
(b)
Terms defined in Sections 
76-1-101.5
, 
76-16-101
, and 
76-16-201
 apply to this 
section.
(2)
An actor commits illegal concurrence by a director in a dividend or division of capital if 
the actor:
(a)
Every director of any
is a director of a
 stock corporation
 except savings and 
loan or building and loan associations who 
; and
(b)
concurs in 
any
a
 vote or act of 
the
one or more
 directors of the corporation
 or any 
of them, by 
, 
which 
it
vote or act
 is intended 
to 
either:
(1)
(i)
to make any 
make a 
dividend except as permitted by 
Title 16, Chapter 10a, 
Utah Revised Business Corporation Act
; or
(2)
(ii)
to 
divide, withdraw, or in any manner pay to 
the
one or more
 stockholders
, 
or any of them,
 any part of the stated capital of the corporation except as 
permitted by 
Title 16, Chapter 10a, Utah Revised Business Corporation Act
.
(3)
,
A violation of Subsection (2)
 is 
guilty of 
a class B misdemeanor.
Section 434, Section 
76-16-209
, which is renumbered from Section 76-10-706 is renumbered 
and amended to read:
76-10-706
76-16-209
. Unlawful omission or entry in a corporate or association 
record with the intent to defraud.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-16-101
, and 
76-16-201
 apply to this section.
(2)
An actor commits unlawful omission or entry in a corporate or association record with 
the intent to defraud if the actor:
(a)
Every
is:
(i)
a 
director, officer, or agent of 
any
a
 corporation or association
; or
(ii)
a person who aids or abets a person described in Subsection 
(2)(a)(i)
; and
(b)
who 
knowingly receives or possesses 
himself of any
for the actor's self
 property 
of 
such
the
 corporation or association, otherwise than in payment of a just demand
, 
and who,
; and
(c)
 with intent to defraud, omits to make, or to cause or direct to be made, a full and true 
entry 
thereof
of the property described in Subsection 
(2)(b)
 in the books or accounts 
of the corporation or association
; and every director, officer, agent, or member of 
any corporation or association who embezzles, abstracts, or willfully misapplies any 
of the money, funds, or credits of the corporation or association; or who, without 
authority from the directors, issues or puts in circulation any of the notes of the 
corporation or association; or who, without the authority, issues or puts forth any 
certificate of deposit, draws any order or bill of exchange, makes any acceptance, 
assigns any note, bond, draft, bill of exchange, mortgage, judgment, or decree; or 
who makes any false entry in any book, report, or statement of the corporation or 
association; or who issues any fraudulent, fictitious, or illegal stock in any such 
corporation or association, with intent in either case to injure or defraud the 
corporation or association, or any other company, body politic, or corporate, or any 
individual person, or to deceive any officer of the corporation or association, or any 
agent appointed to examine the affairs of any such corporation or association; and 
every person who, with like intent, aids or abets any officer, clerk, or agent in any 
violation of this section is guilty of a felony of the third degree
.
(3)
A violation of Subsection 
(2)
 is a third degree felony.
Section 435, Section 
76-16-210
 is enacted to read:
76-16-210
. Embezzlement, abstraction, or misapplication of corporate or 
association funds.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-16-101
, and 
76-16-201
 apply to this section.
(2)
An actor commits unlawful embezzlement, abstraction, or misapplication of corporate 
or association funds if the actor:
(a)
is:
(i)
a director, officer, agent, or member of a corporation or association; or
(ii)
a person who aids or abets a person described in Subsection (2)(a)(i); and
(b)
embezzles, abstracts, or willfully misapplies money, funds, or credits of the 
corporation or association.
(3)
A violation of Subsection 
(2)
 is a third degree felony.
Section 436, Section 
76-16-211
 is enacted to read:
76-16-211
. Unlawful circulation of a corporate or association note.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-16-101
, and 
76-16-201
 apply to this section.
(2)
An actor commits unlawful circulation of a corporation or association note if the actor:
(a)
is:
(i)
a director, officer, agent, or member of a corporation or association; or
(ii)
a person who aids or abets a person described in Subsection (2)(a)(i); and
(b)
without the authority from a corporation's or association's directors, issues or puts in 
circulation a note of the corporation or association.
(3)
A violation of Subsection 
(2)
 is a third degree felony.
Section 437, Section 
76-16-212
 is enacted to read:
76-16-212
. Unauthorized corporate or association action.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-16-101
, and 
76-16-201
 apply to this section.
(2)
An actor commits unauthorized corporate or association action if the actor:
(a)
is:
(i)
a director, officer, agent, or member of a corporation or association; or
(ii)
a person who aids or abets a person described in Subsection (2)(a)(i); and
(b)
without having the authority to do so:
(i)
issues or puts forth a certificate of deposit;
(ii)
draws an order or bill of exchange;
(iii)
makes an acceptance; or
(iv)
 assigns a note, bond, draft, bill of exchange, mortgage, judgment, or decree.
(3)
A violation of Subsection (2) is a third degree felony.
Section 438, Section 
76-16-213
 is enacted to read:
76-16-213
. False entry in a corporate or association book, report, or statement.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-16-101
, and 
76-16-201
 apply to this section.
(2)
An actor commits false entry in a corporate or association book, report, or statement if 
the actor:
(a)
is:
(i)
a director, officer, agent, or member of a corporation or association; or
(ii)
a person who aids or abets a person described in Subsection (2)(a)(i); and
(b)
makes a false entry in a corporate or association book, report, or statement, with the 
intent:
(i)
to injure or defraud:
(A)
the corporation or association;
(B)
any other company;
(C)
a body politic; or
(D)
an individual person; or
(ii)
to deceive:
(A)
an officer of the corporation or association; or
(B)
an agent appointed to examine the affairs of the corporation or association.
(3)
A violation of Subsection (2) is a third degree felony.
Section 439, Section 
76-16-214
 is enacted to read:
76-16-214
. Unlawful stock issuance.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-16-101
, and 
76-16-201
 apply to this section.
(2)
An actor commits unlawful stock issuance if the actor:
(a)
is:
(i)
a director, officer, agent, or member of a corporation or association; or
(ii)
a person who aids or abets a person described in Subsection (2)(a)(i); and
(b)
issues fraudulent, fictitious, or illegal stock in the corporation or association, with 
the intent:
(i)
to injure or defraud:
(A)
 the corporation or association;
(B)
any other company;
(C)
a body politic; or
(D)
an individual person; or
(ii)
to deceive:
(A)
 an officer of the corporation or association; or
(B)
an agent appointed to examine the affairs of the corporation or association.
(3)
A violation of Subsection 
(2)
 is a third degree felony.
Section 440, Section 
76-16-215
, which is renumbered from Section 76-10-707 is renumbered 
and amended to read:
76-10-707
76-16-215
. Making or publishing a report containing a false material 
statement.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-16-101
, and 
76-16-201
 apply to this section.
(2)
Every
An actor commits making or publishing a report containing a false material 
statement if the actor:
(a)
is a 
director, officer, or agent of 
any
a
 corporation or joint stock association
; and
(b)
who 
knowingly makes or concurs in making or publishing 
any
a
 written report, 
exhibit, or statement of 
its
the corporation's or association's
 affairs or pecuniary 
condition
, containing any
 that contains a false
 material statement
 which is false is 
guilty of a class B misdemeanor
.
(3)
A violation of Subsection 
(2)
 is a class B misdemeanor.
Section 441, Section 
76-16-216
, which is renumbered from Section 76-10-708 is renumbered 
and amended to read:
76-10-708
76-16-216
. Prohibited refusal of inspection or copying of corporate 
books.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-16-101
, and 
76-16-201
 apply to this section.
(2)
Every
An actor commits prohibited refusal of inspection or copying of corporate 
books if the actor:
(a)
is an 
officer or agent of 
any
a
 corporation having or keeping an office within this 
state
, who
;
(b)
 has in 
his
the actor's
 custody or control the books of 
such
the
 corporation
, and 
who 
; and
(c)
refuses to give to a bona fide stockholder of record or member of the corporation, 
lawfully 
demanding
demanded
 during office hours, the right to inspect or take a 
copy of 
it or of any part thereof, is guilty of a class B misdemeanor
all or part of the 
corporation's books
.
(3)
A violation of Subsection 
(2)
 is a class B misdemeanor.
Section 442, Section 
76-16-301
, which is renumbered from Section 76-10-1001 is renumbered 
and amended to read:
3. Offenses Concerning Trademarks, Trade Names, and Devices
76-10-1001
76-16-301
. Definitions.
For the purpose of
As used in
 this part:
(1)
"Forged trademark," "forged trade name," "forged trade device," and "counterfeited 
trademark," "counterfeited trade name," "counterfeited trade device," or their equivalents
, as used in this part,
 include every alteration or imitation of 
any
a
 trademark, trade 
name, or trade device 
so resembling
that resembles
 the original 
so 
as to be likely to 
deceive.
(2)
"Trademark" or "trade name" or 
"trade device," as used in this part,
"trade device"
includes every trademark registrable with the Division of Corporations and Commercial 
Code.
Section 443, Section 
76-16-302
, which is renumbered from Section 76-10-1002 is renumbered 
and amended to read:
76-10-1002
76-16-302
. Forging or counterfeiting a trademark, trade name, or 
trade device.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-16-101
, and 
76-16-301
 apply to this section.
(2)
Every person who
An actor commits forging or counterfeiting a trademark, trade 
name, or trade device if the actor:
(a)
willfully forges or counterfeits, or procures to be forged or counterfeited, 
any
a
trademark, trade name, or trade device, 
that:
(i)
is 
usually affixed by 
any
a
 person
 to the person's goods
, or by 
any
an
 association 
or union of 
workingmen, to his or its
working people to the association's or 
union's
 goods
,
; and
(ii)
which 
has been filed with the Division of Corporations and Commercial Code
, 
; 
and
(b)
performs the action described in Subsection 
(2)(a)
with 
the 
intent to pass off any 
goods to which the forged or counterfeited trademark, trade name, or trade device is 
affixed, or intended to be affixed, as the goods of the person or association or union 
of 
workingmen, is guilty of a class B misdemeanor
working people
.
(3)
A violation of Subsection 
(2)
 is a class B misdemeanor.
Section 444, Section 
76-16-303
, which is renumbered from Section 76-10-1003 is renumbered 
and amended to read:
76-10-1003
76-16-303
. Selling goods under a counterfeited trademark, trade 
name, or trade device.
(1)
Every person who
Terms defined in Sections 
76-1-101.5
, 
76-16-101
, and 
76-16-301
apply to this section.
(2)
An actor commits selling goods under a counterfeited trademark, trade name, or trade 
device if the actor:
(a)
sells or keeps for sale any goods upon or to which any counterfeited trademark, trade 
name, or trade device has been affixed, after 
it
the trademark, trade name, or trade 
device
 has been filed with the Division of Corporations and Commercial Code
, 
intending
;
(b)
intends 
to represent the goods as the genuine goods of another
, knowing it to be
person; and
(c)
knows the goods are 
counterfeited
.
(3)
, is guilty of a class B misdemeanor.
A violation of Subsection 
(2)
 is a class B 
misdemeanor.
Section 445, Section 
76-16-304
, which is renumbered from Section 76-10-1004 is renumbered 
and amended to read:
76-10-1004
76-16-304
. Sale in a container bearing a registered trademark of a 
substituted article.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-16-101
, and 
76-16-301
 apply to this section.
(2)
Every person who
An actor commits sale in a container bearing a registered 
trademark of a substituted article if the actor:
(a)
has or uses 
any
a
 container or similar article 
bearing or having
that bears or is
 in 
any way connected with 
it 
the registered trademark of another 
person; and
(b)
has or uses the container or article described in Subsection 
(2)(a)
for the purpose of 
disposing, with intent to deceive or defraud, of 
any
an
 article or substance other than 
that which the container or similar article originally contained or was connected with 
by the owner of 
such
the
 trademark
 is guilty of a class B misdemeanor
.
(3)
A violation of Subsection 
(2)
 is a class B misdemeanor.
Section 446, Section 
76-16-305
, which is renumbered from Section 76-10-1005 is renumbered 
and amended to read:
76-10-1005
76-16-305
. Using, destroying, concealing, or possessing an article 
with a registered trademark or service mark to deprive the owner of use or possession.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-16-101
, and 
76-16-301
 apply to this section.
(2)
Every person who
An actor commits using, destroying, concealing, or possessing an 
article with a registered trademark or service mark to deprive the owner of use or 
possession if the actor
, without the consent of the owner of an article bearing the owner's 
validly registered trademark or service mark,
 and with the intent to deprive the owner of 
the use or possession of the article:
(a)
uses, destroys, conceals, or possesses the article
;
 or
 who
(b)
defaces or otherwise conceals the trademark or service mark 
upon
on
 the article
with intent to deprive the owner of the use or possession of the article
.
(3)
is guilty of 
A violation of Subsection (2) is 
a class B misdemeanor
.
(4)
; provided, however, that nothing contained in this part shall be construed to apply to or 
restrict
This section does not apply to
 the transfer or use of
 a
 wooden 
boxes
box
 or the 
re-use of 
a 
burlap or cotton 
bags or sacks
bag or sack
 when 
those bags or sacks have
the bag or sack has
 been reversed inside out or the markings 
thereon
on the box, bag, or 
sack
 have been concealed or obliterated to effectively demonstrate that the 
products
product
 contained 
therein do
in the box, bag, or sack does
 not purport to be the 
products
product
 of the owner of the registered trademark or service mark 
theretofore 
put upon those bags
that appeared on the box, bag, or sack
.
Section 447, Section 
76-16-306
, which is renumbered from Section 76-10-1006 is renumbered 
and amended to read:
76-10-1006
76-16-306
. Selling, trafficking, or withholding an article bearing a 
registered trademark or service mark with intent to defraud.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-16-101
, and 
76-16-301
 apply to this section.
(2)
Every person who
An actor commits selling, trafficking, or withholding an article 
bearing a registered trademark or service mark with intent to defraud if the actor
, 
without the consent of the owner of an article 
bearing
that bears
 the owner's validly 
registered trademark or service mark, 
and with the intent to defraud the owner of the 
article, 
knowingly
:
(a)
sells or traffics 
in the articles
the article;
 or 
(b)
who 
withholds the 
articles
article
 from the 
article's 
owner
 thereof with intent to 
defraud the owner thereof is guilty of
.
(3)
A violation of Subsection 
(2)
 is 
a class B misdemeanor.
Section 448, Section 
76-16-307
, which is renumbered from Section 76-10-1007 is renumbered 
and amended to read:
76-10-1007
76-16-307
. Use of a registered trademark without consent.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-16-101
, and 
76-16-301
 apply to this section.
(2)
Every person who
An actor commits use of a registered trademark without 
consent if the actor
 adopts or in any way uses 
the
a
 registered trademark 
of
owned by
another 
person 
without the 
person's 
consent
 of the owner thereof, is guilty of 
.
(3)
A violation of Subsection 
(2)
 is 
a class B misdemeanor.
Section 449, Section 
76-16-401
 is enacted to read:
4. Offenses Concerning Unfair Market Discrimination
76-16-401
. Definitions.
Reserved.
Section 450, Section 
76-16-402
, which is renumbered from Section 76-10-3002 is renumbered 
and amended to read:
76-10-3002
76-16-402
. Unfair discrimination in competitive practices.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-16-101
, and 
76-16-401
 apply to this section.
(2)
Every
An actor commits unfair discrimination in competitive prices if the actor:
(a)
is a 
person engaged in the production, manufacture, or distribution of 
any
a
commodity in general use
 who
; and
(b)
intentionally
,
 for the purpose of destroying the competition of 
any
a
 regular, 
established dealer in 
such
the
 commodity, or to prevent the competition of 
any
a
person who in good faith intends and attempts to become a dealer, discriminates 
between different sections, communities, or cities of this state by selling the 
commodity at a lower rate in one section, community, or city, or any portion 
thereof
of the section, community, or city
, than the 
person
actor
 charges for the commodity 
in another section, community, or city, after equalizing the distance from the point of 
production, manufacture, or distribution and freight rates
 therefrom, is guilty of 
unfair discrimination
.
(3)
A violation of this section is subject to:
(a)
 a fine of not less than $500 and no more than $4,000 for each offense; and
(b)
sanctions described in Subsection 
(4)
.
(4)
(a)
If a complaint is made to the attorney general that a corporation has violated this 
section, the attorney general shall investigate the complaint, and for that purpose, 
may subpoena witnesses, administer oaths, take testimony, and require the production 
of books or other documents.
(b)
If in the attorney general's opinion, sufficient grounds exist for a prosecution after an 
investigation under Subsection 
(4)(a)
, the attorney general may prosecute an action in 
the name of the state to annul the charter or revoke the license of the corporation, and 
to permanently enjoin the corporation from doing business in this state.
(c)
If, in an action described in Subsection 
(4)(b)
, the court finds that the corporation is 
guilty of unfair discrimination under this section, the court shall annul the charter or 
revoke the license of the corporation and may permanently enjoin the corporation 
from transacting business in this state.
Section 451, Section 
76-16-403
, which is renumbered from Section 76-10-3001 is renumbered 
and amended to read:
76-10-3001
76-16-403
. Fraudulent practice to affect market price.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-16-101
, and 
76-16-401
 apply to this section.
(2)
Every person who
An actor commits fraudulent practice to affect market price if 
the actor
 willfully makes or publishes 
any
a
 false statement, spreads 
any
a
 false rumor, 
or employs any other false or fraudulent means or device, with 
the 
intent to affect the 
market price of any kind of property
, is guilty of a class B misdemeanor
.
(3)
A violation of Subsection 
(2)
 is:
(a)
a class B misdemeanor; and
(b)
subject to a fine of not less than $500 and no more than $4,000 for each offense.
Section 452, Section 
76-16-404
, which is renumbered from Section 76-10-3005 is renumbered 
and amended to read:
76-10-3005
76-16-404
. Unfair discrimination by a buyer of milk, cream, or 
butterfat.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-16-101
, and 
76-16-401
 apply to this section.
(2)
Any
An actor commits unfair discrimination by a buyer of milk, cream, or butterfat 
if the actor:
(a)
is:
(i)
a 
person doing business in this state 
and
that is
 engaged in the business of buying 
milk, cream, or butterfat for the purpose of sale or storage
, who, 
; or
(ii)
an officer or agent of a person described in Subsection 
(2)(a)(i)
; and
(b)
for the purpose of creating a monopoly or destroying the business of a competitor, 
discriminates between different sections, communities, localities, cities, or towns of 
this state by purchasing 
the commodity or commodities
milk, cream, or butterfat
 at a 
higher price or rate in one section, community, location, city, or town than is paid for 
the same 
commodity
milk, cream, or butterfat
 by the 
person
actor
 in another 
section, community, locality, city, or town, after making due allowance for the 
difference, if any, in the grade or quality, and in the actual cost of transportation from 
the point of purchase to the point of manufacture, sale, or storage
, is guilty of unfair 
discrimination, which is hereby prohibited and declared to be unlawful; and any 
person, firm, company, association, or corporation, or any officer, agent, receiver, or 
member of such firm, company, association, or corporation, found guilty of unfair 
discrimination as herein defined shall be guilty of a class B misdemeanor
.
(3)
A violation of Subsection 
(2)
 is:
(a)
a class B misdemeanor; and
(b)
subject to a fine of not less than $500 and no more than $4,000 for each offense.
Section 453, Section 
76-16-501
, which is renumbered from Section 76-10-3103 is renumbered 
and amended to read:
5. Antitrust Offenses
76-10-3103
76-16-501
. Definitions.
As used in this part:
(1)
"Attempt to monopolize" means action taken without a legitimate business purpose and 
with a specific intent of destroying competition or controlling prices to substantially 
lessen competition, or creating a monopoly, where there is a dangerous probability of 
creating a monopoly.
(2)
"Attorney general" means the attorney general of the state or one of the attorney 
general's assistants.
(3)
"Commodity" includes 
any
a
 product of the soil, 
any
an
 article of merchandise or 
trade or commerce, and any other kind of real or personal property.
(4)
"Manufacturer" means the producer or originator of 
any
a
 commodity or service.
(5)
"Service" includes 
any
an
 activity that is performed in whole or in part for the purpose 
of financial gain including, but not limited to, personal service, professional service, 
rental, leasing or licensing for use.
(6)
"Trade or commerce" includes all economic activity involving, or relating to, 
any
a
commodity, service, or business activity, including the cost of exchange or 
transportation.
Section 454, Section 
76-16-502
, which is renumbered from Section 76-10-3102 is renumbered 
and amended to read:
76-10-3102
76-16-502
. Legislative findings -- Interpretation of part.
(1)
(a)
The Legislature finds and determines that competition is fundamental to the free 
market system and that the unrestrained interaction of competitive forces will yield the best 
allocation of our economic resources, the lowest prices, the highest quality and the greatest 
material progress, while at the same time providing an environment conducive to the 
preservation of our democratic, political and social institutions.
(b)
The purpose of this 
act is, therefore, to
part is to
 encourage free and open 
competition in the interest of the general welfare and economy of this state by 
prohibiting monopolistic and unfair trade practices, combinations and conspiracies in 
restraint of trade or commerce and by providing adequate penalties for the 
enforcement of 
its
the part's
 provisions.
(2)
The Legislature intends that the courts, in construing this part, will be guided by 
interpretations given by the federal courts to comparable federal antitrust statutes and by 
other state courts to comparable state antitrust statutes.
Section 455, Section 
76-16-503
, which is renumbered from Section 76-10-3117 is renumbered 
and amended to read:
76-10-3117
76-16-503
. Statute of limitations.
(1)
Any
An
 action brought by the attorney general pursuant to this 
act
part
 is barred if 
it
the action
 is not commenced within four years after the cause of action accrues.
(2)
Any other action pursuant to this 
act
part
 is barred if 
it
the action
 is not commenced 
within four years after the cause of action accrues, or within one year after the 
conclusion of an action brought by the state pursuant to this act based in whole or in part 
on any matter complained of in the subsequent action, whichever is the latter.
Section 456, Section 
76-16-504
, which is renumbered from Section 76-10-3105 is renumbered 
and amended to read:
76-10-3105
76-16-504
. Exempt activities.
(1)
This act may not be construed to prohibit:
(a)
the activities of 
any
a
 public utility to the extent that those activities are subject to 
regulation by the public service commission, the state or federal department of 
transportation, the federal energy regulatory commission, the federal communications 
commission, the interstate commerce commission, or successor agencies;
(b)
the activities of 
any
an
 insurer, insurance producer, independent insurance adjuster, 
or rating organization including, but not limited to, making or participating in joint 
underwriting or reinsurance arrangements, to the extent that those activities are 
subject to regulation by the commissioner of insurance;
(c)
the activities of securities dealers, issuers, or agents, to the extent that those activities 
are subject to regulation under the laws of either this state or the United States;
(d)
the activities of 
any
a
 state or national banking institution, to the extent that the 
activities are regulated or supervised by state government officers or agencies under 
the banking laws of this state or by federal government officers or agencies under the 
banking laws of the United States;
(e)
the activities of 
any
a
 state or federal savings and loan association to the extent that 
those activities are regulated or supervised by state government officers or agencies 
under the banking laws of this state or federal government officers or agencies under 
the banking laws of the United States;
(f)
the activities of a political subdivision to the extent authorized or directed by state 
law, consistent with the state action doctrine of federal antitrust law; or
(g)
the activities of an emergency medical service provider licensed under Title 53, 
Chapter 2d, Emergency Medical Services Act, to the extent that those activities are 
regulated by state government officers or agencies under that act.
(2)
(a)
The labor of a human being is not a commodity or article of commerce.
(b)
Nothing contained in the antitrust laws shall be construed to forbid the existence and 
operation of labor, agricultural, or horticultural organizations, instituted for the 
purpose of mutual help and not having capital stock or conducted for profit, or to 
forbid or restrain individual members of these organizations from lawfully carrying 
out 
their
the organizations'
 legitimate objects; nor may these organizations or 
membership in them be held to be illegal combinations or conspiracies in restraint of 
trade under the antitrust laws.
(3)
(a)
As used in this section, an entity is also a 
municipality
political subdivision
 if the 
entity was formed under Title 11, Chapter 13, Interlocal Cooperation Act, prior to 
January 1, 1981, and the entity is:
(i)
a project entity as defined in Section 
11-13-103
;
(ii)
an electric interlocal entity as defined in Section 
11-13-103
; or
(iii)
an energy services interlocal entity as defined in Section 
11-13-103
.
(b)
The activities of the entities under Subsection (3)(a) are authorized or directed by 
state law.
Section 457, Section 
76-16-505
, which is renumbered from Section 76-10-3106 is renumbered 
and amended to read:
76-10-3106
76-16-505
. Attorney general's powers -- Investigations -- Institution 
of actions -- Cooperation.
(1)
The attorney general may investigate 
a 
suspected 
violations
violation
 of this 
act
part
and institute
 an
 appropriate 
actions
action
 regarding 
those
the
 suspected 
violations
violation
 as provided in this 
act
part
.
(2)
(a)
Any violations of this act which come 
A violation of this part that comes 
to the 
attention of 
any
a
 state government officer or agency shall be reported to the 
attorney general. 
(b)
All state government officers and agencies shall cooperate with, and assist in, 
any
a
prosecution for violation of this 
act
part
.
(3)
The attorney general may proceed under any antitrust laws in the state or federal courts 
on behalf of this state, any of 
its
the state's
 political subdivisions or agencies, or as 
parens patriae on behalf of natural persons in this state.
Section 458, Section 
76-16-506
, which is renumbered from Section 76-10-3107 is renumbered 
and amended to read:
76-10-3107
76-16-506
. Civil antitrust investigations -- Demand for production 
of documents and responses to written interrogatories -- Oral examination -- Judicial 
order for compliance -- Confidentiality -- Subpoenas precluded.
(1)
When the attorney general has reasonable cause to believe that 
any
a
 person may be in 
possession, custody, or control of any information, including 
any
a
 document, material, 
or testimony, relevant to a civil antitrust investigation, the attorney general may, 
prior to
before
 the commencement of a civil action, issue and cause to be served upon that 
person a written civil investigative demand requesting that person to:
(a)
produce any document or material for inspection, copying, or reproduction by the 
state where the document or material is located or produced;
(b)
give oral testimony under oath, concerning the subject of the investigation;
(c)
respond to written interrogatories; or
(d)
furnish any combination of these.
(2)
(a)
Each demand shall state:
(i)
the nature of the activities under investigation, constituting the alleged antitrust 
violation, which may result in a violation of this part and the applicable provision 
of law;
(ii)
that the recipient is entitled to counsel;
(iii)
that the information received in response to the demand may be used in a civil or 
criminal proceeding;
(iv)
that if the recipient does not comply with the demand, the attorney general may 
compel compliance by appearance, upon reasonable notice to the recipient, before 
the 
district 
court in the judicial district where the recipient resides or does 
business and only upon a showing before that 
district 
court that the requirements 
of Subsection 
(7)
 have been met;
(v)
that the recipient has the right at any time before the return date of the demand, or 
within 30 days, whichever period is shorter, to seek a court order determining the 
validity of the demand; and
(vi)
that at any time during the proceeding the person may assert any applicable 
privilege.
(b)
If the demand is for production of 
any
a
 document or material, the demand shall 
also:
(i)
describe the document or material to be produced with sufficient definiteness and 
certainty as to permit the document or material to be fairly identified;
(ii)
prescribe return dates that provide a reasonable period of time within which the 
document or material demanded may be assembled and made available for 
inspection and reproduction; and
(iii)
identify the individual at the Office of the Attorney General to whom the 
document or material shall be made available.
(c)
If the demand is for the giving of oral testimony, the demand shall also:
(i)
prescribe the date, time, and place at which oral testimony shall be commenced;
(ii)
state that an employee of the Office of the Attorney General shall conduct the 
examination; and
(iii)
state that the recording or the transcript of the examination shall be submitted to 
and maintained by the Office of the Attorney General.
(d)
If the demand is for responses to written interrogatories, the demand shall also:
(i)
state that each interrogatory shall be answered separately and fully in writing and 
under oath, unless the person objects to the interrogatory, in which event the 
reasons for objection shall be stated in lieu of an answer;
(ii)
state that the answers are to be signed by the person making them, and the 
objections are to be signed by the attorney making them;
(iii)
identify by name and address the individual at the Office of the Attorney General 
on whom answers and objections provided under this Subsection 
(2)(d)
 are to be 
served; and
(iv)
prescribe the date on or before which these answers and objections are to be 
served on the identified individual.
(3)
The civil investigative demand may be served upon any person who is subject to the 
jurisdiction of any Utah court and shall be served upon the person in the manner 
provided for service of a subpoena.
(4)
(a)
Any
A
 document or material submitted in response to a demand served under 
this section shall be accompanied by an affidavit, in the form the demand designates, 
by the person, if a natural person, to whom the demand is directed or, if not a natural 
person, by a person having knowledge of the facts and circumstances relating to the 
production.
(b)
The affidavit shall state that every document or material required by the demand and 
in the possession, custody, or control of the person to whom the demand is directed 
has in good faith been produced and made available to the Office of the Attorney 
General.
(c)
The affidavit shall identify any demanded document or material that is not produced 
and state the reason why each item was not produced.
(5)
(a)
(i)
An examination of 
any
a
 person pursuant to a demand for oral testimony 
served under this section may only be taken before an officer authorized to 
administer oaths or affirmations by the laws of the United States or of the place 
where the examination is held. 
(ii)
The officer before whom the testimony is to be taken shall put the witness on oath 
or affirmation and shall personally, or by someone acting under the officer's 
direction and in the officer's presence, record the testimony of the witness. 
(iii)
If the testimony is taken stenographically, 
it
the testimony
 shall be transcribed 
and the officer before whom the testimony is taken shall promptly transmit the 
transcript of the testimony to the Office of the Attorney General.
(b)
When taking oral testimony, all persons other than personnel from the Office of the 
Attorney General, the witness, counsel for the witness, and the officer before whom 
the testimony is to be taken shall be excluded from the place where the examination 
is held.
(c)
The oral testimony of 
any
a
 person taken pursuant to a demand served under this 
section shall be taken in the county where the person resides or transacts business or 
in any other place agreed upon by the attorney general and the person.
(d)
(i)
When testimony is fully transcribed, the transcript shall be certified by the 
officer before whom the testimony was taken and submitted to the witness for 
examination and signing, in accordance with
 Rule 30(e) of
 the Utah Rules of Civil 
Procedure
, Rule 30(e)
. 
(ii)
A copy of the deposition shall be furnished free of charge to a witness upon the 
witness's request.
(e)
Any
A
 change in testimony recorded by nonstenographic means shall be made in 
the manner provided in 
Rule 30 of 
the Utah Rules of Civil Procedure
, Rule 30,
 for 
changing deposition testimony recorded by nonstenographic means.
(f)
(i)
Any 
A 
person compelled to appear under a demand for oral testimony under 
this section may be accompanied, represented, and advised by counsel. 
(ii)
Counsel may advise the person, in confidence, either upon the request of the 
person or upon counsel's own initiative, with respect to any question asked of the 
person. 
(iii)
The person or counsel may object on the record to any question, in whole or in 
part, and shall briefly state for the record the reason for the objection. 
(iv)
An objection may properly be made, received, and entered upon the record when 
it is claimed that the person is entitled to refuse to answer the question on grounds 
of any constitutional or other legal right or privilege, including the privilege 
against self-incrimination. 
(v)
If the person refuses to answer any question, the attorney general may petition the 
district court for an order compelling the person to answer the question.
(g)
If 
any
a
 person compelled to appear under a demand for oral testimony or other 
information pursuant to this section refuses to answer any questions or produce 
information on grounds of the privilege against self-incrimination, the testimony of 
that person may be compelled as in criminal cases.
(h)
(i)
Any 
A 
person appearing for oral examination pursuant to a demand served 
under this section is entitled to the same fees and mileage 
which
that
 are paid to 
witnesses in the district courts of the state of Utah. 
(ii)
Witness fees and expenses shall be tendered and paid as in any civil action.
(6)
The providing of 
any 
information in response to a civil investigative demand issued 
pursuant to the provisions of this part shall be considered part of an official proceeding 
as defined in Section 
76-8-501
.
(7)
(a)
(i)
If a person fails to comply with the demand served upon 
him
the person
under this section, the attorney general may file in the district court of the county 
in which the person resides, is found, or does business, a petition for an order 
compelling compliance with the demand. 
(ii)
Notice of hearing of the petition and a copy of the petition shall be served upon 
the person, who may appear in opposition to the petition. 
(iii)
If the court finds that the demand is proper, that there is reasonable cause to 
believe there has been a violation of this part, and that the information sought is 
relevant to the violation, 
it
the court
 shall order the person to comply with the 
demand, subject to modifications the court may prescribe.
(b)
(i)
(A)
At any time before the return date specified in a demand or within 30 
days after the demand has been served, whichever period is shorter, the person 
who has been served may file a petition for an order modifying or setting aside 
the demand. 
(B)
This petition shall be filed in the 
district 
court in the county of the person's 
residence, principal office, or place of business, or in the 
district 
court in Salt 
Lake County. 
(C)
The petition shall specify each ground upon which the petitioner relies in 
seeking the relief sought. 
(D)
The petition may be based upon 
any
a
 failure of the demand to comply with 
the provisions of this section or upon any constitutional or other legal right or 
privilege of the petitioner. 
(E)
The petitioner shall serve notice of hearing of the petition and a copy of the 
petition upon the attorney general. 
(F)
The attorney general may submit an answer to the petition within 30 days after 
receipt of the petition.
(ii)
(A)
After a hearing on the petition described in Subsection 
(7)(b)(i)
, and for 
good cause shown, the court may make any further order in the proceedings 
that justice requires to protect the person from unreasonable annoyance, 
embarrassment, oppression, burden, or expense. 
(B)
At 
any
a
 hearing pursuant to this section it is the attorney general's burden to 
establish that the demand is proper, that there is reasonable cause to believe 
that there has been a violation of this part, and that the information sought is 
relevant to the violation.
(8)
(a)
The attorney general may enter into a confidentiality agreement in lieu of, or in 
addition to, issuing a civil investigative demand, when the attorney general has 
reasonable cause to believe that 
any
a
 person may be in possession, custody, or 
control of 
any 
information relevant to a civil antitrust investigation or civil antitrust 
action.
(b)
In 
any
a
 civil antitrust action, the court may issue a confidentiality order, which may 
incorporate a confidentiality agreement.
(c)
(i)
The confidentiality agreement or confidentiality order may address any 
procedure, testimony taken, or document or material produced under this section. 
(ii)
The agreement or order may define to whom access will be given, the conditions 
and the restrictions to the access, and how the testimony, document, or material 
will be safeguarded. 
(iii)
The agreement or order may require that documentation of testimony and any 
other document or material:
(i)
(A)
be returned to the designated person; or
(ii)
(B)
notwithstanding the provisions of Section 
63A-12-105
 and any retention 
schedule promulgated pursuant to Section 
63G-2-604
, be destroyed by the 
attorney general at a designated time, in which case this requirement is binding 
upon the attorney general.
(9)
(a)
Any procedure, testimony taken, or document or material produced under this 
section, whether produced pursuant to a civil investigative demand, confidentiality 
agreement, or confidentiality order, shall be kept confidential by the attorney general 
unless confidentiality is waived in writing by the person who has testified, or 
produced a document or material.
(b)
Any testimony taken or document or material produced under this section may be 
used in a civil antitrust action, provided that the use is not restricted or prohibited 
under a confidentiality agreement or confidentiality order, unless that restriction or 
prohibition is waived by the person from whom the information was obtained.
(c)
Notwithstanding any other provision of this section, the attorney general may 
disclose testimony taken or a document or material obtained under this section, 
without either the consent of the person from whom it was received or the person 
being investigated, to:
(i)
any
a
 grand jury; and
(ii)
officers and employees of federal or state law enforcement agencies, provided the 
person from whom the information was obtained is notified 20 days prior to 
disclosure, and the federal or state law enforcement agency certifies that the 
information will be:
(A)
maintained in confidence, as required by Subsection 
(9)(a)
; and
(B)
used only for official law enforcement purposes.
(10)
Use of a civil investigative demand under this action precludes the invocation by the 
attorney general of Section 
77-22-2
.
Section 459, Section 
76-16-507
, which is renumbered from Section 76-10-3116 is renumbered 
and amended to read:
76-10-3116
76-16-507
. Venue of an action brought by the state -- Transfer.
Any
An
 action brought by the state pursuant to this 
act
part
 shall be brought in any 
county 
wherein
in which
 the defendant resides or does business, or at the option of the 
defendant, 
such
the
 action shall be transferred, upon motion made within 30 days after 
commencement of the action, to Salt Lake County.
Section 460, Section 
76-16-508
, which is renumbered from Section 76-10-3115 is renumbered 
and amended to read:
76-10-3115
76-16-508
. Attorney general to advocate for the policy of 
competition.
The attorney general 
shall have
has
 the authority and responsibility to advocate 
for 
the 
policy of competition before all political subdivisions of this state and all public agencies 
whose actions may affect the interests of persons in this state.
Section 461, Section 
76-16-509
, which is renumbered from Section 76-10-3108 is renumbered 
and amended to read:
76-10-3108
76-16-509
. Attorney general may bring action for injunctive relief, 
damages, and civil penalty.
(1)
The attorney general may bring an action for appropriate injunctive relief, a civil 
penalty, and damages in the name of the state, any of 
its
the state's
 political 
subdivisions or agencies, or as parens patriae on behalf of natural persons in this state, 
for a violation of this 
act
part
. 
(2)
Actions may be brought under this 
section
part
 regardless of whether the plaintiff dealt 
directly or indirectly with the defendant. 
(3)
This remedy is an additional remedy to any other remedies provided by law
. It
 and
may not diminish or offset any other remedy.
(2)
(4)
Any
An
 individual who violates this act is subject to a civil penalty of not more 
than $100,000 for each violation. 
(5)
Any
A
 person, other than an individual, who violates this act is subject to a civil 
penalty of not more than $500,000 for each violation.
Section 462, Section 
76-16-510
, which is renumbered from Section 76-10-3104 is renumbered 
and amended to read:
76-10-3104
76-16-510
. Illegal anticompetitive activities.
(1)
Every contract, combination in the form of trust or otherwise, or conspiracy in restraint 
of trade or commerce is declared to be illegal.
(2)
It 
shall be
is
 unlawful for any person to monopolize, or attempt to monopolize, or 
combine or conspire with any other person or persons to monopolize, any part of trade 
or commerce.
Section 463, Section 
76-16-511
, which is renumbered from Section 76-10-3109 is renumbered 
and amended to read:
76-10-3109
76-16-511
. Person may bring action for injunctive relief and 
damages -- Treble damages -- Recovery of actual damages or civil penalty by state or 
political subdivisions -- Immunity of political subdivisions from damages, costs, or 
attorney fees -- Conviction as prima facie evidence.
(1)
(a)
(i)
A person who is a citizen of this state or a resident of this state and who is 
injured or is threatened with injury in 
his
the person's
 business or property by a 
violation of 
the Utah Antitrust Act
this part
 may bring an action for injunctive 
relief and damages, regardless of whether the person dealt directly or indirectly 
with the defendant. 
(ii)
This remedy is in addition to any other remedies provided by law
. It
 and
 may 
not diminish or offset any other remedy.
(b)
Subject to the provisions of Subsections 
(3)
, 
(4)
, and 
(5)
, the court shall award three 
times the amount of damages sustained, plus the cost of suit and a reasonable 
attorney fees, in addition to granting any appropriate temporary, preliminary, or 
permanent injunctive relief.
(2)
(a)
If the court determines that a judgment in the amount of three times the damages 
awarded plus attorney fees and costs will directly cause the insolvency of the 
defendant, the court shall reduce the amount of judgment to the highest sum that 
would not cause the defendant's insolvency.
(b)
The court may not reduce a judgment to an amount less than the amount of damages 
sustained plus the costs of suit and reasonable attorney fees.
(3)
The state or any of its political subdivisions may recover three times the amount of 
damages it sustains and the civil penalty provided by 
the Utah Antitrust Act
this part
, in 
addition to injunctive relief, costs of suit, and reasonable attorney fees.
(4)
No damages, costs, or attorney fees may be recovered under this section:
(a)
from any political subdivision;
(b)
from the official or employee of any political subdivision acting in an official 
capacity; or
(c)
against any person based on any official action directed by a political subdivision or 
its
the political subdivision's
 official or employee acting in an official capacity.
(5)
Subsection 
(4)
 does not apply to cases filed before April 27, 1987, unless the defendant 
establishes and the court determines that in light of all the circumstances, including the 
posture of litigation and the availability of alternative relief, it would be inequitable not 
to apply Subsection 
(4)
 to a pending case.
(6)
(a)
When a defendant has been sued in one or more actions by both direct and indirect 
purchasers, whether in state court or federal court, a defendant shall be entitled to 
prove as a partial or complete defense to a claim for damages that the damages 
incurred by the plaintiff or plaintiffs have been passed on to others who are entitled to 
recover so as to avoid duplication of recovery of damages. 
(b)
In an action by indirect purchasers, any damages or settlement amounts paid to direct 
purchasers for the same alleged antitrust violations shall constitute a defense in the 
amount paid on a claim by indirect purchasers under this 
chapter
part
 so as to avoid 
duplication of recovery of damages.
(7)
(a)
It shall be presumed, in the absence of proof to the contrary, that the injured 
persons who dealt directly with the defendant incurred at least 1/3 of the damages, 
and shall, therefore, recover at least 1/3 of the awarded damages. 
(b)
It shall also be presumed, in the absence of proof to the contrary, that the injured 
persons who dealt indirectly with the defendant incurred at least 1/3 of the damages, 
and shall, therefore, recover at least 1/3 of the awarded damages. 
(c)
The final 1/3 of the damages shall be awarded by the court to those injured persons 
determined by the court as most likely to have absorbed the damages.
(8)
(a)
There is a presumption, in the absence of proof to the contrary and subject to 
Subsection 
(7)
, that each level in a product's or service's distribution chain passed on 
any and all increments in its cost due to an increase in the cost of an ingredient or a 
component product or service that was caused by a violation of this 
chapter
part
. 
(b)
This
The
 amount 
described in Subsection 
(8)(a)
will be presumed, in the absence of 
evidence to the contrary, to be equal to the change in the cost, in dollars and cents, of 
the ingredient, component product, or service to its first purchaser.
(9)
(a)
The attorney general shall be notified by the plaintiff about the filing of 
any
a
class action involving antitrust violations that includes plaintiffs from this state. 
(b)
The attorney general shall receive a copy of each filing 
described in Subsection 
(9)(a)
from each plaintiff. 
(c)
The attorney general may, in his or her discretion, intervene or file amicus briefs in 
the case, and may be heard on the question of the fairness or appropriateness of any 
proposed settlement agreement.
(10)
If, in a class action or parens patriae action filed under this 
chapter
part
, including the 
settlement of 
any
an
 action, it is not feasible to return any part of the recovery to the 
injured plaintiffs, the court shall order the residual funds be applied to benefit the 
specific class of injured plaintiffs, to improve antitrust enforcement generally by 
depositing the residual funds into the Attorney General Litigation Fund created by 
Section 
76-10-3114
67-5-40
, or both.
(11)
In 
any
an
 action brought under this 
chapter
part
, the court shall approve all attorney 
fees and arrangements for the payment of attorney fees, including contingency fee 
agreements.
(12)
(a)
Except as provided in Subsection 
(12)(b)
, in an action brought by the state, a 
final judgment or decree determining that a person has criminally violated this part is 
prima facie evidence against that person in an action brought under this section as to 
all matters with respect to which the judgment or decree would be an estoppel 
between the parties to the judgment or decree.
(b)
Subsection 
(12)(a)
 does not apply to a judgment entered under a no contest plea or a 
decree entered before any testimony has been taken.
Section 464, Section 
76-16-512
, which is renumbered from Section 76-10-3112 is renumbered 
and amended to read:
76-10-3112
76-16-512
. Fine for violation -- Certain vertical agreements 
excluded -- Nolo contendere.
(1)
(a)
Any person who violates Section 
76-10-3104
76-16-510
 by price fixing, bid 
rigging, agreeing among competitors to divide customers or territories, or by 
engaging in a group boycott with specific intent of eliminating competition is guilty 
of a third degree felony and, notwithstanding Sections 
76-3-301
 and 
76-3-302
, is 
subject to:
(i)
if an individual, a fine not to exceed $100,000; or
(ii)
if by a person other than an individual, a fine not to exceed $500,000.
(b)
Subsection 
(1)(a)
 may not be construed to include vertical agreements between a 
manufacturer, its distributors, or their subdistributors dividing customers and 
territories solely involving the manufacturer's commodity or service where the 
manufacturer distributes its commodity or service both directly and through 
distributors or subdistributors in competition with itself.
(2)
A defendant may plead nolo contendere to a charge brought under this title but only 
with the consent of the court. 
(3)
The court may accept the plea only after due consideration of the views of the parties 
and the interest of the public in the effective administration of justice.
Section 465, Section 
76-17-101
 is enacted to read:
17. OFFENSES CONCERNING KICKBACKS, PYRAMID SCHEMES, 
AND PATTERNS OF UNLAWFUL ACTIVITY
1. General Provisions
76-17-101
. Definitions.
Reserved.
Section 466, Section 
76-17-201
 is enacted to read:
2. Offenses Concerning Kickbacks
76-17-201
. Definitions.
As used in this part:
(1)
"Kickback or bribe" means a rebate, compensation, or any other form of remuneration, 
that is:
(a)
direct or indirect;
(b)
overt or covert; or
(c)
in cash or in kind.
(2)
"Kickback or bribe" does not include:
(a)
a fee that is:
(i)
shared between two or more individuals, each of whom is licensed to practice law; 
and
(ii)
charged for services provided in the individual's capacity as a licensee described 
in Subsection 
(2)(a)(i)
; or
(b)
payment for medical services rendered.
Section 467, Section 
76-17-202
, which is renumbered from Section 76-10-3201 is renumbered 
and amended to read:
76-10-3201
76-17-202
. Unlawful conduct concerning a kickback or bribe.
(1)
As used in this section:
(a)
"Kickback or bribe" means a rebate, compensation, or any other form of 
remuneration, that is:
(i)
direct or indirect;
(ii)
overt or covert; or
(iii)
in cash or in kind.
(b)
"Kickback or bribe" does not include:
(i)
a fee that is:
(A)
shared between two or more individuals, each of whom is licensed to practice 
law; and
(B)
charged for services provided in the individual's capacity as a licensee 
described in Subsection 
(1)(b)(i)(A)
; or
(ii)
payment for medical services rendered.
(2)
(1)
Terms defined in Sections 
76-1-101.5
, 
76-17-101
, and 
76-17-201
 apply to this 
section.
(2)
(a)
An actor 
commits unlawful conduct concerning a kickback or bribe if the actor:
(a)
may not solicit or receive
solicits or receives
 a kickback or bribe in return for the 
referral of a person to another person for the furnishing of 
any
a
 good or service that 
relates to 
any
an
 insurance claim or a claim for damages
.
; or
(b)
An actor may not offer or pay
offers or pays
 a kickback or bribe to induce the 
referral of a person to another person for the furnishing of 
any
a
 good or service that 
relates to 
any
an
 insurance claim or a claim for damages.
(3)
A violation of Subsection 
(2)
 is a third degree felony.
(4)
(a)
This section does not apply to an individual licensed to practice law or a medical 
provider when referring a client for medical treatment or evaluation, if the referral is 
made without compensation.
(5)
(b)
This section does not apply to an individual licensed to practice law when:
(a)
(i)
paying a lien, contractual reimbursement, or medical bill on behalf of a client 
from proceeds of a settlement or judgment; or
(b)
(ii)
marketing to, or engaging in client development activities with, an individual 
licensed to provide medical treatment or evaluation, if the marketing or client 
development activities are not for the purpose of inducing the individual licensed 
to provide medical treatment or evaluation to refer a particular person to the 
individual licensed to practice law.
Section 468, Section 
76-17-301
, which is renumbered from Section 76-6a-101 is renumbered 
and amended to read:
3. Offenses Concerning Pyramid Schemes
76-6a-101
76-17-301
. Definitions.
As used in this 
chapter
part
:
(1)
(a)
(i)
"Compensation" means money, money bonuses, overrides, prizes, or other 
real or personal property, tangible or intangible.
(ii)
(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.
(b)
(2)
"Consideration" does not include:
(i)
(a)
payment for sales demonstration equipment or materials furnished at cost for use 
in making sales and not for resale; or
(ii)
(b)
time or effort spent in selling or recruiting activities.
(c)
(3)
"Person" includes a business trust, estate, trust, joint venture, or any other legal or 
commercial entity.
(d)
(4)
"Pyramid scheme" means 
any
a
 sales device or plan under which a person gives 
consideration to another person in exchange for compensation or the right to receive 
compensation that 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.
(2)
Terms defined in Section 
76-1-101.5
 apply to this part.
Section 469, Section 
76-17-302
, which is renumbered from Section 76-6a-104 is renumbered 
and amended to read:
76-6a-104
76-17-302
. Rights of person giving consideration in pyramid scheme.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-17-101
, and 
76-17-301
 apply to this section.
(2)
(a)
Any
A
 person giving consideration in connection with a pyramid scheme may, 
notwithstanding any agreement to the contrary, declare the person's giving of 
consideration and the related sale or contract for sale void, and may bring a court 
action to recover the consideration.
(b)
In an action brought under Subsection 
(1)(a)
(2)(a)
, 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'
attorney
 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)
(3)
(a)
The rights, remedies, and penalties provided in this 
chapter
part
 are 
independent of and supplemental to each other and to any other right, remedy or 
penalty available in law or equity.
(b)
Nothing contained in this 
chapter
part
 shall be construed to diminish or abrogate 
any other right, remedy or penalty.
Section 470, Section 
76-17-303
, which is renumbered from Section 76-6a-102 is renumbered 
and amended to read:
76-6a-102
76-17-303
. Conducting a pyramid scheme.
(1)
Terms defined in 
Section
Sections
76-1-101.5
, 
76-17-101
, and 
76-17-301
 apply to this 
section.
(2)
An actor commits 
the offense of 
conducting a pyramid scheme if the actor knowingly 
organizes, establishes, promotes, or administers a pyramid scheme.
(3)
A violation of Subsection 
(2)
 is a third degree felony.
(4)
It is not a defense to an action brought under this section that:
(a)
the sales device or plan limits the number of persons who may be introduced into the 
sales device or plan;
(b)
the sales device or plan includes additional conditions affecting eligibility for 
introduction into the sales device or plan or when compensation may be received 
from the sales device or plan; or
(c)
a person receives property or services in addition to the compensation or right to 
receive compensation in connection with a pyramid scheme.
(5)
The appropriate county attorney or district attorney has primary responsibility for 
investigating and prosecuting a criminal violation of this section.
(6)
(a)
A violation under this section constitutes a violation of Section 
13-11-4
.
(b)
A criminal conviction under this section is prima facie evidence of a violation of 
Section 
13-11-4
.
(c)
In addition to prosecution under this section, a violation of this section shall be 
civilly investigated and prosecuted as prescribed by 
Title 13, Chapter 11, Utah 
Consumer Sales Practices Act
.
Section 471, Section 
76-17-304
, which is renumbered from Section 76-6a-103 is renumbered 
and amended to read:
76-6a-103
76-17-304
. Participating in a pyramid scheme.
(1)
Terms defined in 
Section
Sections
76-1-101.5
, 
76-17-101
, and 
76-17-301
 apply to this 
section.
(2)
An actor commits
 the offense of
 participating in a pyramid scheme if the actor 
participates in a pyramid scheme only by receiving compensation for the introduction of 
another person into the pyramid scheme rather than from the sale of goods, services, or 
other property.
(3)
A violation of Subsection 
(2)
 is a class B misdemeanor.
(4)
It is not a defense to an action brought under this section that:
(a)
the sales device or plan limits the number of persons who may be introduced into the 
sales device or plan;
(b)
the sales device or plan includes additional conditions affecting eligibility for 
introduction into the sales device or plan or when compensation may be received 
from the sales device or plan; or
(c)
a person receives property or services in addition to the compensation or right to 
receive compensation in connection with a pyramid scheme.
(5)
The appropriate county attorney or district attorney has primary responsibility for 
investigating and prosecuting a criminal violation of this section.
(6)
(a)
A violation under this section constitutes a violation of Section 
13-11-4
.
(b)
A criminal conviction under this section is prima facie evidence of a violation of 
Section 
13-11-4
.
(c)
In addition to prosecution under this section, a violation of this section shall be 
civilly investigated and prosecuted as prescribed by 
Title 13, Chapter 11, Utah 
Consumer Sales Practices Act
.
Section 472, Section 
76-17-401
, which is renumbered from Section 76-10-1602 is renumbered 
and amended to read:
4. Offenses Concerning Patterns of Unlawful Activity
76-10-1602
76-17-401
. Definitions.
As used in this part:
(1)
(a)
"Enterprise" means 
any
an
 individual, sole proprietorship, partnership, 
corporation, business trust, association, or other legal entity, and 
any
a
 union or 
group of individuals associated in fact although not a legal entity
, and
.
(b)
"Enterprise"
 includes illicit as well as licit entities.
(2)
"Pattern of unlawful activity" means engaging in conduct 
which
that
 constitutes the 
commission of at least three episodes of unlawful activity, which episodes are not 
isolated, but have the same or similar purposes, results, participants, victims, or methods 
of commission, or otherwise are interrelated by distinguishing characteristics. Taken 
together, the episodes shall demonstrate continuing unlawful conduct and be related 
either to each other or to the enterprise. At least one of the episodes comprising a 
pattern of unlawful activity shall have occurred after July 31, 1981. The most recent act 
constituting part of a pattern of unlawful activity as defined by this part shall have 
occurred within five years of the commission of the next preceding act alleged as part of 
the pattern.
(3)
"Person" includes 
any
an
 individual or entity capable of holding a legal or beneficial 
interest in property, including state, county, and local governmental entities.
(4)
"Unlawful activity" means to directly engage in conduct or to solicit, request, command, 
encourage, or intentionally aid another person to engage in conduct 
which
that
 would 
constitute 
any
an
 offense described by the following crimes or categories of crimes, or 
to attempt or conspire to engage in an act 
which
that
 would constitute any of those 
offenses, regardless of whether the act is in fact charged or indicted by 
any
an
 authority 
or is classified as a misdemeanor or a felony:
(a)
an act prohibited by the criminal provisions under Title 13, Chapter 10, Unauthorized 
Recording Practices Act;
(b)
an act prohibited by the criminal provisions under Title 19, Environmental Quality 
Code, Sections 
19-1-101
 through 
19-7-109
;
(c)
taking, destroying, or possessing wildlife or parts of wildlife for the primary purpose 
of sale, trade, or other pecuniary gain under Title 23A, Wildlife Resources Act, or 
Section 
23A-5-311
;
(d)
false claims for medical benefits, kickbacks, or other acts prohibited under Title 26B, 
Chapter 3, Part 11, Utah False Claims Act, Sections 
26B-3-1101
 through 
26B-3-1112
;
(e)
an act prohibited by the criminal provisions under Title 32B, Chapter 4, Criminal 
Offenses and Procedure Act;
(f)
an act prohibited by the criminal provisions under Title 57, Chapter 11, Utah 
Uniform Land Sales Practices Act;
(g)
an act prohibited by the criminal provisions under Title 58, Chapter 37, Utah 
Controlled Substances Act, or Title 58, Chapter 37b, Imitation Controlled Substances 
Act, Title 58, Chapter 37c, Utah Controlled Substance Precursor Act, or Title 58, 
Chapter 37d, Clandestine Drug Lab Act;
(h)
an act prohibited by the criminal provisions under Title 61, Chapter 1, Utah Uniform 
Securities Act;
(i)
an act prohibited by the criminal provisions under Title 63G, Chapter 6a, Utah 
Procurement Code;
(j)
assault under Section
76-5-102
;
(k)
aggravated assault under Section 
76-5-103
;
(l)
a threat of terrorism under Section 
76-5-107.3
;
(m)
a criminal homicide offense under Section 
76-5-201
;
(n)
kidnapping under Section
76-5-301
;
(o)
aggravated kidnapping under Section
76-5-302
;
(p)
human trafficking for labor under Section 
76-5-308
;
(q)
human trafficking for sexual exploitation under Section 
76-5-308.1
;
(r)
human smuggling under Section 
76-5-308.3
;
(s)
human trafficking of a child under Section
76-5-308.5
;
(t)
benefiting from trafficking and human smuggling under Section
76-5-309
;
(u)
aggravated human trafficking under Section
76-5-310
;
(v)
sexual exploitation of a minor under Section 
76-5b-201
;
(w)
aggravated sexual exploitation of a minor under Section
76-5b-201.1
;
(x)
arson under Section 
76-6-102
;
(y)
aggravated arson under Section
76-6-103
;
(z)
causing a catastrophe under Section 
76-6-105
;
(aa)
burglary under Section 
76-6-202
;
(bb)
aggravated burglary under Section
76-6-203
;
(cc)
burglary of a vehicle under Section 
76-6-204
;
(dd)
manufacture or possession of an instrument for burglary or theft under Section 
76-6-205
;
(ee)
robbery under Section 
76-6-301
;
(ff)
aggravated robbery under Section
76-6-302
;
(gg)
theft under Section 
76-6-404
;
(hh)
theft by deception under Section 
76-6-405
;
(ii)
theft by extortion under Section 
76-6-406
;
(jj)
receiving stolen property under Section 
76-6-408
;
(kk)
theft of services under Section 
76-6-409
;
(ll)
forgery under Section 
76-6-501
;
(mm)
unlawful use of financial transaction card under Section
76-6-506.2
;
(nn)
unlawful acquisition, possession, or transfer of financial transaction card under 
Section
76-6-506.3
;
(oo)
financial transaction card offenses under Section
76-6-506.6
;
(pp)
deceptive business practices under Section 
76-6-507
;
(qq)
bribery or receiving bribe by person in the business of selection, appraisal, or 
criticism of goods under Section 
76-6-508
;
(rr)
bribery of a labor official under Section 
76-6-509
;
(ss)
defrauding creditors under Section 
76-6-511
;
(tt)
acceptance of deposit by insolvent financial institution under Section 
76-6-512
;
(uu)
unlawful dealing with property by fiduciary under Section 
76-6-513
;
(vv)
bribery or threat to influence
unlawful influence of a
 contest under Section 
76-6-514
;
(ww)
making a false credit report under Section 
76-6-517
;
(xx)
criminal simulation under Section 
76-6-518
;
(yy)
criminal usury under Section 
76-6-520
;
(zz)
insurance fraud under Section 
76-6-521
;
(aaa)
retail theft under Section 
76-6-602
;
(bbb)
computer crimes under Section 
76-6-703
;
(ccc)
identity fraud under Section 
76-6-1102
;
(ddd)
mortgage fraud under Section 
76-6-1203
;
(eee)
sale of a child under Section 
76-7-203
;
(fff)
bribery 
to influence official or political actions
or offering a bribe
 under Section 
76-8-103
;
(ggg)
threat to influence official or political action under Section 
76-8-104
;
(hhh)
receiving bribe or bribery by public servant under Section 
76-8-105
;
(iii)
receiving bribe for endorsement of person as a public servant under Section 
76-8-106
;
(jjj)
bribery for endorsement of person as public servant under Section 
76-8-106.1
;
(kkk)
official misconduct based on unauthorized act or failure of duty under Section
76-8-201
;
(lll)
official misconduct concerning inside information under Section
76-8-202
;
(mmm)
obstruction of justice in a criminal investigation or proceeding under Section 
76-8-306
;
(nnn)
acceptance of bribe or bribery to prevent criminal prosecution under Section 
76-8-308
;
(ooo)
harboring or concealing offender who has escaped from official custody under 
Section 
76-8-309.2
;
(ppp)
making a false or inconsistent material statement under Section 
76-8-502
;
(qqq)
making a false or inconsistent statement under Section 
76-8-503
;
(rrr)
making a written false statement under Section 
76-8-504
;
(sss)
tampering with a witness under Section 
76-8-508
;
(ttt)
retaliation against a witness, victim, or informant under Section 
76-8-508.3
;
(uuu)
receiving or soliciting a bribe as a witness under Section 
76-8-508.7
;
(vvv)
extortion or bribery to dismiss a criminal proceeding under Section 
76-8-509
;
(www)
tampering with evidence under Section 
76-8-510.5
;
(xxx)
falsification or alteration of a government record under Section 
76-8-511
, if the 
record is a record described in Title 20A, Election Code, or Title 36, Chapter 11, 
Lobbyist Disclosure and Regulation Act;
(yyy)
public assistance fraud by an applicant for public assistance under Section 
76-8-1203.1
;
(zzz)
public assistance fraud by a recipient of public assistance under Section 
76-8-1203.3
;
(aaaa)
public assistance fraud by a provider under Section 
76-8-1203.5
;
(bbbb)
fraudulently misappropriating public assistance funds under Section 
76-8-1203.7
;
(cccc)
false statement to obtain or increase unemployment compensation under Section 
76-8-1301
;
(dddd)
false statement to prevent or reduce unemployment compensation or liability 
under Section 
76-8-1302
;
(eeee)
unlawful failure to comply with Employment Security Act requirements under 
Section 
76-8-1303
;
(ffff)
unlawful use or disclosure of employment information under Section 
76-8-1304
;
(gggg)
intentionally or knowingly causing one animal to fight with another under 
Subsection 
76-9-301
(2)(d) or (e), or Section 
76-9-301.1
76-13-202(2)(d)
 or (3), or 
Section 
76-13-205
 or 
76-13-206
 concerning dog fighting
;
(hhhh)
possession, use, or removal of explosives, chemical, or incendiary devices or 
parts
unlawful conduct involving an explosive, chemical, or incendiary device
 under 
Section 
76-10-306
76-15-210
;
(iiii)
unlawful conduct involving an explosive, chemical, or incendiary part under Section 
76-15-211
;
(iiii)
(jjjj)
delivery to common carrier, mailing, or placement on premises of an
unlawful delivery or mailing of an explosive, chemical, or
 incendiary device under 
Section 
76-10-307
76-15-209
;
(jjjj)
(kkkk)
possession of a 
deadly
dangerous
 weapon with
 criminal
 intent 
to assault 
under Section 
76-10-507
76-11-206
;
(kkkk)
(llll)
unlawful marking of 
pistol or revolver
a handgun
 under Section 
76-10-521
53-5a-105
;
(llll)
(mmmm)
alteration of number or mark on 
pistol or revolver
a handgun
 under 
Section 
76-10-522
53-5a-106
;
(mmmm)
(nnnn)
forging or counterfeiting trademarks, trade name, or trade device 
under Section 
76-10-1002
76-16-302
;
(nnnn)
(oooo)
selling goods under counterfeited trademark, trade name, or trade 
devices under Section 
76-10-1003
76-16-303
;
(oooo)
(pppp)
sales in containers bearing registered trademark of substituted articles 
under Section 
76-10-1004
76-16-304
;
(pppp)
(qqqq)
selling or dealing with article bearing registered trademark or service 
mark with intent to defraud under Section 
76-10-1006
76-16-306
;
(qqqq)
(rrrr)
participating in 
gambling under Section 
76-10-1102
76-9-1402
;
(ssss)
permitting gambling under Section 
76-9-1403
;
(tttt)
online gambling prohibition under Section 
76-9-1404
;
(uuuu)
gambling promotion under Section 
76-9-1405
;
(rrrr)
(vvvv)
gambling fraud under Section 
76-10-1103
76-9-1406
;
(ssss)
gambling promotion under Section 
76-10-1104
;
(tttt)
(wwww)
possessing a gambling device or record under Section 
76-10-1105
76-9-1407
;
(uuuu)
(xxxx)
obtaining a benefit from a 
confidence game under Section 
76-10-1109
76-9-1410
;
(vvvv)
(yyyy)
distributing pornographic material under Section 
76-10-1204
76-5c-202
;
(zzzz)
aiding or abetting a minor in distributing pornographic material under Section 
76-5c-203
;
(wwww)
(aaaaa)
inducing acceptance of pornographic material under Section 
76-10-1205
76-5c-204
;
(xxxx)
(bbbbb)
dealing in harmful material to a minor
distributing material harmful to 
minors
 under Section 
76-10-1206
76-5c-205
;
(ccccc)
aiding or abetting a minor in distributing material harmful to minors under 
Section 
76-5c-206
;
(yyyy)
(ddddd)
distribution of 
pornographic films
a pornographic file for exhibition
under Section 
76-10-1222
76-5c-305
;
(zzzz)
(eeeee)
indecent public 
displays
display in the presence of a minor
 under 
Section 
76-10-1228
76-5c-207
;
(aaaaa)
(fffff)
prostitution under Section 
76-10-1302
77-5d-202
;
(bbbbb)
(ggggg)
aiding prostitution under Section 
76-10-1304
76-5d-206
;
(ccccc)
(hhhhh)
exploiting prostitution under Section 
76-10-1305
76-5d-207
;
(ddddd)
(iiiii)
aggravated exploitation of prostitution under Section 
76-10-1306
76-5d-208
;
(eeeee)
(jjjjj)
communications fraud under Section 
76-10-1801
76-6-525
;
(fffff)
(kkkkk)
an act prohibited by the criminal provisions of 
Part 19, Money 
Laundering and Currency Transaction Reporting Act
Chapter 9, Part 16, Money 
Laundering and Currency Transaction Reporting
;
(ggggg)
(lllll)
vehicle compartment for contraband under Section 
76-10-2801
76-9-1902
 or 
76-9-1903
;
(hhhhh)
(mmmmm)
an act prohibited by the criminal provisions of the laws governing 
taxation in this state; or
(iiiii)
(nnnnn)
an act illegal under the laws of the United States and enumerated in 18 
U.S.C. Sec. 1961(1)(B), (C), and (D).
Section 473, Section 
76-17-402
, which is renumbered from Section 76-10-1604 is renumbered 
and amended to read:
76-10-1604
76-17-402
. Enforcement authority of peace officers.
Notwithstanding any law to the contrary, peace officers in 
the state of Utah shall
this 
state
 have 
the 
authority to enforce the criminal provisions of this 
act
part
 by initiating 
investigations, assisting grand juries, obtaining indictments, filing informations, and assisting 
in the prosecution of criminal cases through the attorney general or county attorneys' offices.
Section 474, Section 
76-17-403
, which is renumbered from Section 76-10-1605 is renumbered 
and amended to read:
76-10-1605
76-17-403
. Remedies of person injured by a pattern of unlawful 
activity -- Double damages -- Costs, including attorney fees -- Arbitration -- Agency -- 
Burden of proof -- Actions by attorney general or county attorney -- Dismissal -- Statute 
of limitations -- Authorized orders of a court.
(1)
(a)
A person injured in 
his
the person's
 person, business, or property by a person 
engaged in conduct forbidden by 
any provision of Section 
76-10-1603
Section 
76-17-407
 may bring an action in a court with jurisdiction under Title 78A, Judiciary 
and Judicial Administration, to recover twice the damages that the person sustains, 
regardless of whether:
(a)
(i)
the injury is separate or distinct from the injury suffered as a result of the acts 
or conduct constituting the pattern of unlawful conduct alleged as part of the cause 
of action; or
(b)
(ii)
the conduct has been adjudged criminal by 
any
a
 court of the state or of the 
United States.
(2)
A party who prevails on a cause of action brought under this section recovers the cost of 
the suit, including reasonable attorney fees.
(3)
All actions arising under this section 
which
that
 are grounded in fraud are subject to 
arbitration under Title 78B, Chapter 11, Utah Uniform Arbitration Act.
(4)
(a)
In all actions under this section, a principal is liable for actual damages for harm 
caused by an agent acting within the scope of either 
his
the agent's
 employment or 
apparent authority. 
(b)
A principal is liable for double damages only if the pattern of unlawful activity 
alleged and proven as part of the cause of action was authorized, solicited, requested, 
commanded, undertaken, performed, or recklessly tolerated by the board of directors 
or a high managerial agent acting within the scope of 
his
the agent's
 employment.
(5)
In all actions arising under this section, the burden of proof is clear and convincing 
evidence.
(6)
The attorney general, county attorney, or, if within a prosecution district, the district 
attorney may maintain 
actions
an action
 under this section on behalf of the state, the 
county, or any person injured by a person engaged in conduct forbidden by 
any 
provision of Section 
76-10-1603
Section 
76-17-407
, to prevent, restrain, or remedy 
injury as defined in this section and may recover the damages and costs allowed by this 
section.
(7)
In all actions under this section, the elements of each claim or cause of action shall be 
stated with particularity against each defendant.
(8)
If an action, claim, or counterclaim brought or asserted by a private party under this 
section is dismissed 
prior to
before
 trial or disposed of on summary judgment, or if it is 
determined at trial that there is no liability, the prevailing party shall recover from the 
party who brought the action or asserted the claim or counterclaim the amount of 
its
the 
prevailing party's
 reasonable expenses incurred because of the defense against the 
action, claim, or counterclaim, including a reasonable 
attorney's
attorney
 fee.
(9)
(a)
An action or proceeding brought under this section shall be commenced within 
three years after the conduct prohibited by Section 
76-10-1603
76-17-407
 terminates 
or the cause of action accrues, whichever is later. 
(b)
This provision
Subsection (9)(a)
 supersedes any limitation to the contrary.
(10)
(a)
In any action brought under this section, the court may prevent, restrain, or 
remedy injury as defined by this section by issuing appropriate orders after making 
provisions for the rights of innocent persons.
(b)
Before liability is determined in any action brought under this section, the court may:
(i)
issue restraining orders and injunctions;
(ii)
require satisfactory performance bonds or any other bond 
it
the court
 considers 
appropriate and necessary in connection with any property or 
any 
requirement 
imposed upon a party by the court; and
(iii)
enter any other order the court considers necessary and proper.
(c)
After a determination of liability, the court may, in addition to granting the relief 
allowed in Subsection (1), do any one or all of the following:
(i)
order 
any
a
 person to divest 
himself
the person's self
 of any interest in or any 
control, direct or indirect, of 
any
an
 enterprise;
(ii)
impose reasonable restrictions on the future activities or investments of 
any
a
person, including prohibiting 
any
a
 person from engaging in the same type of 
endeavor as the enterprise engaged in, to the extent the Utah Constitution and the 
Constitution of the United States permit; or
(iii)
order the dissolution or reorganization of 
any
an
 enterprise.
(d)
(i)
However, if an action is brought to obtain any relief provided by this section, 
and if the conduct prohibited by 
Section 
76-10-1603
Section 
76-17-407
 has for 
its pattern of unlawful activity acts or conduct illegal under Section 
76-10-1204
, 
76-10-1205
, 
76-10-1206
, or 
76-10-1222
,
76-5c-202
, 
76-5c-203
, 
76-5c-204
, 
76-5c-205
, 
76-5c-206
, or 
76-5c-305
,
 the court may not enter 
any
an
 order that 
would amount to a prior restraint on the exercise of an affected party's rights under 
the First Amendment to the Constitution of the United States, or Article I, Sec. 15 
of the Utah Constitution. 
(ii)
The court shall, upon the request of 
any
an
 affected party, and upon the notice to 
all parties, 
prior to
before
 the issuance of 
any
an
 order provided for in this 
subsection, and at any later time, hold hearings as necessary to determine whether 
any materials at issue are obscene or pornographic and to determine if there is 
probable cause to believe that any act or conduct alleged violates Section 
76-10-1204
, 
76-10-1205
, 
76-10-1206
, or 
76-10-1222
76-5c-202
, 
76-5c-203
, 
76-5c-204
, 
76-5c-205
, 
76-5c-206
, or 
76-5c-305
. 
(iii)
In making 
its
the court's
 findings
,
 the court shall be guided by the same 
considerations required of a court making similar findings in criminal cases 
brought under Section 
76-10-1204
, 
76-10-1205
, 
76-10-1206
, or 
76-10-1222
76-5c-202
, 
76-5c-203
, 
76-5c-204
, 
76-5c-205
, 
76-5c-206
, or 
76-5c-305
, including, 
but not limited to, the definitions in Sections 
76-10-1201
, 
76-10-1203
, and 
76-10-1216
76-5c-101
 and 
76-5c-301
, and the exemptions in Section 
76-10-1226
76-5c-302
.
Section 475, Section 
76-17-404
, which is renumbered from Section 76-10-1607 is renumbered 
and amended to read:
76-10-1607
76-17-404
. Evidentiary value of a criminal judgment in a civil 
proceeding.
A final judgment or decree rendered in favor of the state or a county in 
any
a
 criminal 
proceeding brought by this state or a county shall preclude the defendant from denying the 
essential allegations of the criminal offense in 
any
a
 subsequent civil proceeding.
Section 476, Section 
76-17-405
, which is renumbered from Section 76-10-1609 is renumbered 
and amended to read:
76-10-1609
76-17-405
. Prospective application.
(1)
The amendments to the Utah Pattern of Unlawful Activity Act
Except as provided 
in Subsection (2), amendments to this part
 are prospective in nature and apply only to 
civil causes of action accruing after 
the effective date of this act
April 27, 1987
. 
(2)
However, crimes committed prior to the effective date of this act
A crime committed 
before April 27, 1987,
 may comprise part of a pattern of unlawful activity if at least one 
of the criminal episodes comprising that pattern occurs after 
the effective date of this act
April 27, 1987,
 and the pattern otherwise meets the definition of pattern of unlawful 
activity as defined in Section 
76-10-1602
76-17-401
.
Section 477, Section 
76-17-406
, which is renumbered from Section 76-10-1608 is renumbered 
and amended to read:
76-10-1608
76-17-406
. Severability clause.
If any part or application of 
the Utah Pattern of Unlawful Activity Act
this part
 is held 
invalid, the remainder of this part, or 
its
the part's
 application to other situations or persons, is 
not affected.
Section 478, Section 
76-17-407
, which is renumbered from Section 76-10-1603 is renumbered 
and amended to read:
76-10-1603
76-17-407
. Prohibited conduct concerning a pattern of unlawful 
activity.
(1)
(a)
As used in this section, "net proceeds" of a violation of this section means 
property acquired as a result of the violation minus the direct costs of acquiring the 
property.
(b)
Terms defined in Sections 
76-1-101.5
, 
76-17-101
, and 
76-17-401
 apply to this 
section.
(2)
An actor commits prohibited conduct concerning a pattern of unlawful activity if the 
actor:
(a)
It is unlawful for any person who 
(i)
has received 
any 
proceeds derived, whether directly or indirectly, from a pattern 
of unlawful activity in which the 
person
actor
 has participated as a principal
, to 
use or invest, 
; and
(ii)
uses or invests, 
directly or indirectly, any part of 
that
the
 income
 described in 
Subsection 
(2)(a)(i)
, or the proceeds of the income, or the proceeds derived from 
the investment or use of those proceeds, in the acquisition of 
any
an
 interest in, or 
the establishment or operation of, 
any
an
 enterprise
.
;
(2)
(b)
It is unlawful for any person through a pattern of unlawful activity to acquire or 
maintain
acquires or maintains
, directly or indirectly, 
any
through a pattern of 
unlawful activity, an
 interest in or control of 
any
an
 enterprise
.
;
(3)
(c)
(i)
It is unlawful for any person
is
 employed by or associated with 
any
an
enterprise
; and
(ii)
 to conduct or participate
conducts or participates
, whether directly or indirectly, 
in the conduct of 
that
the
 enterprise's affairs through a pattern of unlawful activity
.
; 
or
(4)
(d)
It is unlawful for any person to conspire to violate any provision of Subsection 
(1)
, 
(2)
, or 
(3)
conspires to violate Subsection 
(2)(a)
, (b), or (c)
.
(3)
A violation of Subsection 
(2)
 is a second degree felony.
(4)
In addition to penalties prescribed by law, the court may order an actor to pay to the 
state, if the attorney general brought the action, or to the county, if the county attorney 
or district attorney brought the action, the costs of investigating and prosecuting the 
offense and the costs of securing the forfeitures provided for in this section.
(5)
In lieu of a fine otherwise authorized by law for a violation of this section, an actor who 
derives net proceeds from a conduct prohibited by this section may be fined not more 
than twice the amount of the net proceeds.
(6)
Upon a conviction for a violation of this section, and in addition to a penalty prescribed 
by law, the court may do any or all of the following:
(a)
order restitution to any victim or rightful owner of property obtained, directly or 
indirectly, from:
(i)
the conduct constituting the pattern of unlawful activity; or
(ii)
any act or conduct constituting the pattern of unlawful activity that is proven as 
part of the violation of this section;
(b)
order the actor to divest the actor of any interest in or any control, direct or indirect, 
of an enterprise;
(c)
impose reasonable restrictions on the future activities or investments of any person, 
including prohibiting the person from engaging in the same type of endeavor as the 
enterprise engaged in, to the extent the Utah Constitution and the Constitution of the 
United States permit; or
(d)
order the dissolution or reorganization of an enterprise.
(7)
If a violation of this section is based on a pattern of unlawful activity consisting of acts 
or conduct in violation of Section 
76-5c-202
, 
76-5c-203
, 
76-5c-204
, 
76-5c-205
, 
76-5c-206
, or 
76-5c-305
, the court may not enter an order that would amount to a prior 
restraint on the exercise of an affected party's rights under the First Amendment to the 
Constitution of the United States or Utah Constitution, Article I, Section 15.
Section 479, Section 
77-2-9
 is amended to read:
77-2-9
. Offenses ineligible for diversion.
(1)
A magistrate may not grant a diversion for:
(a)
a capital felony;
(b)
a felony in the first degree;
(c)
any case involving a sexual offense against a victim who is under 14 years old;
(d)
any motor vehicle related offense involving alcohol or drugs;
(e)
any case involving using a motor vehicle in the commission of a felony;
(f)
driving a motor vehicle or commercial motor vehicle on a revoked or suspended 
license;
(g)
any case involving operating a commercial motor vehicle in a negligent manner 
causing the death of another including the offenses of:
(i)
manslaughter under Section 
76-5-205
; or
(ii)
negligent homicide under Section 
76-5-206
; or
(h)
a crime of domestic violence as defined in Section 
77-36-1
.
(2)
When an individual is alleged to have committed any violation of 
Title 76, Chapter 5, 
Part 4, Sexual Offenses
,
 other than a violation of Section 
76-5-417
, 
76-5-418
, 
76-5-419
, 
or 
76-5-420
,
 while 
the individual is 
under 16 years old, the court may enter a diversion 
in the matter if the court enters on the record the court's findings that:
(a)
the offenses could have been adjudicated in juvenile court but for the delayed 
reporting or delayed filing of the information in the district court, unless the offenses 
are before the court in accordance with Section 
80-6-502
 or 
80-6-504
;
(b)
the individual did not use coercion or force;
(c)
there is no more than three years' difference between the ages of the participants; and
(d)
it would be in the best interest of the person to grant diversion.
Section 480, Section 
77-7a-104
 is amended to read:
77-7a-104
. Activation and use of body-worn cameras.
(1)
An officer using a body-worn camera shall verify that the equipment is properly 
functioning as is reasonably within the officer's ability.
(2)
An officer shall report any malfunctioning equipment to the officer's supervisor if:
(a)
the body-worn camera issued to the officer is not functioning properly upon initial 
inspection; or
(b)
an officer determines that the officer's body-worn camera is not functioning properly 
at any time while the officer is on duty.
(3)
An officer shall wear the body-worn camera so that it is clearly visible to the person 
being recorded.
(4)
An officer shall activate the body-worn camera prior to any law enforcement encounter, 
or as soon as reasonably possible.
(5)
An officer shall record in an uninterrupted manner until after the conclusion of a law 
enforcement encounter, except as an interruption of a recording is allowed under this 
section.
(6)
When going on duty and off duty, an officer who is issued a body-worn camera shall 
record the officer's name, identification number, and the current time and date, unless 
the information is already available due to the functionality of the body-worn camera.
(7)
If a body-worn camera was present during a law enforcement encounter, the officer 
shall document the presence of the body-worn camera in any report or other official 
record of a contact.
(8)
When a body-worn camera has been activated, the officer may not deactivate the 
body-worn camera until the officer's direct participation in the law enforcement 
encounter is complete, except as provided in Subsection 
(9)
.
(9)
An officer may deactivate a body-worn camera:
(a)
to consult with a supervisor or another officer;
(b)
during a significant period of inactivity;
(c)
during a conversation with a sensitive victim of crime, a witness of a crime, or an 
individual who wishes to report or discuss criminal activity if:
(i)
the individual who is the subject of the recording requests that the officer 
deactivate the officer's body-worn camera; and
(ii)
the officer believes that the value of the information outweighs the value of the 
potential recording and records the request by the individual to deactivate the 
body-worn camera; or
(d)
during a conversation with a victim of
 a domestic violence offense as defined in 
Section 
77-36-1
, or
 a sexual offense, as described in 
Title 76, Chapter 5, Part 4, 
Sexual Offenses
,
 or domestic violence, as defined in Section 
77-36-1
, 
 other than 
Section 
76-5-417
, 
76-5-418
, 
76-5-419
, or 
76-5-420
if:
(i)
the officer is conducting an evidence-based lethality assessment;
(ii)
the victim or the officer believes that deactivating the body-worn camera 
recording:
(A)
will encourage complete and accurate information sharing by the victim; or
(B)
is necessary to protect the safety or identity of the victim; and
(iii)
the officer's body-worn camera is reactivated as soon as reasonably possible after 
the evidence-based lethality assessment is complete.
(10)
If an officer deactivates or fails to activate a body-worn camera in violation of this 
section, the officer shall document the reason for deactivating or for failing to activate a 
body-worn camera in a written report.
(11)
(a)
For purposes of this Subsection 
(11)
:
(i)
"Health care facility" means the same as that term is defined in Section 
78B-3-403
.
(ii)
"Health care provider" means the same as that term is defined in Section 
78B-3-403
.
(iii)
"Hospital" means the same as that term is defined in Section 
78B-3-403
.
(iv)
"Human service program" means the same as that term is defined in Section 
26B-2-101
.
(b)
An officer may not activate a body-worn camera in a hospital, health care facility, 
human service program, or the clinic of a health care provider, except during a law 
enforcement encounter, and with notice under Section 
77-7a-105
.
(12)
A violation of this section may not serve as the sole basis to dismiss a criminal case or 
charge.
(13)
Nothing in this section precludes a law enforcement agency from establishing internal 
agency policies for an officer's failure to comply with the requirements of this section. 
Section 481, Section 
77-11a-402
 is amended to read:
77-11a-402
. Disposition of seized property and contraband -- Return of seized 
property.
(1)
(a)
Except as provided in Subsection (1)(b), if a prosecuting attorney determines that 
seized property no longer needs to be retained as evidence under Chapter 11c, 
Retention of Evidence, the prosecuting attorney may:
(i)
petition the court to apply the property that is money towards restitution, fines, 
fees, or monetary judgments owed by the owner of the property;
(ii)
petition the court for an order transferring ownership of weapons to the agency 
with custody for the agency's use and disposal in accordance with Section 
77-11a-403
 if the owner:
(A)
is the individual who committed the offense for which the weapon was seized; 
or
(B)
may not lawfully possess the weapon; or
(iii)
notify the agency with custody of the property or contraband that:
(A)
the property may be returned to the owner in accordance with Section 
77-11a-301
 if the owner may lawfully possess the property; or
(B)
the contraband may be disposed of or destroyed.
(b)
If a prosecuting attorney determines that a firearm seized from an individual as a 
result of an offense committed under Subsection 
76-10-529
(2)(a)(i)
76-11-215(2)(a)
no longer needs to be retained for court proceedings, the prosecuting attorney shall 
notify the agency with custody of the firearm that the property shall be returned to the 
individual if the individual may lawfully possess the firearm.
(2)
Before returning a firearm to an individual, the agency returning the firearm shall 
confirm, through the Bureau of Criminal Identification, that the individual is eligible to 
lawfully possess and receive firearms.
(3)
(a)
Except as provided in Subsection (3)(b), if the agency is unable to locate the 
owner of the property or the owner is not entitled to lawfully possess the property, 
the agency may:
(i)
apply the property to a public interest use;
(ii)
sell the property at public auction and apply the proceeds of the sale to a public 
interest use; or
(iii)
destroy the property if the property is unfit for a public interest use or for sale.
(b)
If the property described in Subsection (3)(a) is a firearm, the agency shall dispose of 
the firearm in accordance with Section 
77-11a-403
.
(4)
Before applying the property or the proceeds from the sale of the property to a public 
interest use, the agency shall obtain from the legislative body of the agency's jurisdiction:
(a)
permission to apply the property or the proceeds to public interest use; and
(b)
the designation and approval of the public interest use of the property or the proceeds.
(5)
If a peace officer seizes property that at the time of seizure is held by a pawn or 
secondhand business in the course of the pawn or secondhand business's business, the 
provisions of Section 
13-32a-116
 shall apply to the disposition of the property.
Section 482, Section 
77-11b-102
 is amended to read:
77-11b-102
. Property subject to forfeiture.
(1)
(a)
Except as provided in Subsection 
(2)
, 
(3)
, 
(4)
, or 
(5)
, an agency may seek to 
forfeit:
(i)
seized property that was used to facilitate the commission of an offense that is a 
violation of federal or state law; or
(ii)
seized proceeds.
(b)
An agency, or the prosecuting attorney, may not forfeit the seized property of an 
innocent owner or an interest holder.
(2)
If seized property is used to facilitate an offense that is a violation of Section 
76-10-1204
, 
76-10-1205
, 
76-10-1206
, or 
76-10-1222
76-5c-202
, 
76-5c-203
, 
76-5c-204
, 
76-5c-205
, 
76-5c-206
, or 
76-5c-305
, an agency may not forfeit the property if the 
forfeiture would constitute a prior restraint on the exercise of an affected party's rights 
under the First Amendment to the Constitution of the United States or 
Utah Constitution, 
Article I, Section 15
, or would otherwise unlawfully interfere with the exercise of the 
party's rights under the First Amendment to the Constitution of the United States or 
Utah 
Constitution, Article I, Section 15.
(3)
If a motor vehicle is used in an offense that is a violation of Section 
41-6a-502
, 
41-6a-517
, a local ordinance that complies with the requirements of Subsection 
41-6a-510(1)
, Subsection 
76-5-102.1(2)(b)
, or Section 
76-5-207
, an agency may not 
seek forfeiture of the motor vehicle, unless:
(a)
the operator of the vehicle has previously been convicted of an offense committed 
after May 12, 2009, that is:
(i)
a felony driving under the influence violation under Section 
41-6a-502
 or 
Subsection 
76-5-102.1(2)(a)
;
(ii)
a felony violation under Subsection 
76-5-102.1(2)(b)
;
(iii)
a violation under Section 
76-5-207
; or
(iv)
operating a motor vehicle with any amount of a controlled substance in an 
individual's body and causing serious bodily injury or death, as codified before 
May 4, 2022, 
Laws of Utah 2021, Chapter 236
, Section 1, Subsection 
58-37-8(2)(g)
; or
(b)
the operator of the vehicle was driving on a denied, suspended, revoked, or 
disqualified license and:
(i)
the denial, suspension, revocation, or disqualification under Subsection 
(3)(b)(ii)
was imposed because of a violation under:
(A)
Section 
41-6a-502
;
(B)
Section 
41-6a-517
;
(C)
a local ordinance that complies with the requirements of Subsection 
41-6a-510(1)
;
(D)
Section 
41-6a-520.1
;
(E)
operating a motor vehicle with any amount of a controlled substance in an 
individual's body and causing serious bodily injury or death, as codified before 
May 4, 2022, 
Laws of Utah 2021, Chapter 236
, Section 1, Subsection 
58-37-8(2)(g)
;
(F)
Section 
76-5-102.1
;
(G)
Section 
76-5-207
; or
(H)
a criminal prohibition as a result of a plea bargain after having been originally 
charged with violating one or more of the sections or ordinances described in 
Subsections 
(3)(b)(i)(A)
 through 
(G)
; or
(ii)
the denial, suspension, revocation, or disqualification described in Subsection 
(3)(b)(i)
:
(A)
is an extension imposed under Subsection 
53-3-220(2)
 of a denial, suspension, 
revocation, or disqualification; and
(B)
the original denial, suspension, revocation, or disqualification was imposed 
because of a violation described in Subsection 
(3)(b)(i)
.
(4)
If a peace officer seizes property incident to an arrest solely for possession of a 
controlled substance under Subsection 
58-37-8(2)(a)(i)
 but not Subsection 
58-37-8(2)(b)(i)
, an agency may not seek to forfeit the property that was seized in 
accordance with the arrest.
(5)
If a peace officer seizes an individual's firearm as the result of an offense under Section 
76-10-529
76-11-215
, an agency may not seek to forfeit the individual's firearm if the 
individual may lawfully possess the firearm.
Section 483, Section 
77-11d-101
 is amended to read:
77-11d-101
. Definitions.
As used in this chapter:
(1)
"Interest holder" means the same as that term is defined in Section 
77-11a-101
.
(2)
(a)
"Lost or mislaid property":
(i)
means any property that comes into the possession of a peace officer or law 
enforcement agency:
(A)
that is not claimed by anyone who is identified as the owner of the property; or
(B)
for which no owner or interest holder can be found after a reasonable and 
diligent search;
(ii)
includes any property received by a peace officer or law enforcement agency 
from a person claiming to have found the property; and
(iii)
does not include property seized by a peace officer in accordance with Chapter 
11a, Seizure of Property and Contraband.
(b)
"Lost or mislaid property" includes a firearm or other dangerous weapon received by 
a law enforcement agency at an airport under Subsection 
76-10-529
(6)
76-11-215(7)
.
(3)
"Owner" means the same as that term is defined in Section 
77-11a-101
.
(4)
"Public interest use" means:
(a)
use by a governmental agency as determined by the agency's legislative body; or
(b)
donation to a nonprofit charity registered with the state.
Section 484, Section 
77-11d-105
 is amended to read:
77-11d-105
. Disposition of unclaimed property.
(1)
(a)
Except as provided in Subsection (6), if the owner of any lost or mislaid property 
cannot be determined or notified, or if the owner of the property is determined and 
notified, and fails to appear and claim the property after three months of the 
property's receipt by the local law enforcement agency, the agency shall:
(i)
publish notice of the intent to dispose of the unclaimed property on Utah's Public 
Legal Notice Website established in Subsection 
45-1-101
(2)(b);
(ii)
post a similar notice on the public website of the political subdivision within 
which the law enforcement agency is located; and
(iii)
post a similar notice in a public place designated for notice within the law 
enforcement agency.
(b)
The notice shall:
(i)
give a general description of the item; and
(ii)
the date of intended disposition.
(c)
The agency may not dispose of the lost or mislaid property until at least eight days 
after the date of publication and posting.
(2)
(a)
If no claim is made for the lost or mislaid property within nine days of publication 
and posting, the agency shall notify the person who turned the property over to the 
local law enforcement agency, if it was turned over by a person under Section 
77-11d-103
.
(b)
Except as provided in Subsection (4), if that person has complied with the provisions 
of this chapter, the person may take the lost or mislaid property if the person:
(i)
pays the costs incurred for advertising and storage; and
(ii)
signs a receipt for the item.
(3)
If the person who found the lost or mislaid property fails to take the property under the 
provisions of this chapter, the agency shall:
(a)
apply the property to a public interest use as provided in Subsection (4);
(b)
sell the property at public auction and apply the proceeds of the sale to a public 
interest use; or
(c)
destroy the property if it is unfit for a public interest use or sale.
(4)
(a)
Before applying the lost or mislaid property to a public interest use, the agency 
having possession of the property shall obtain from the agency's legislative body:
(i)
permission to apply the property to a public interest use; and
(ii)
the designation and approval of the public interest use of the property.
(b)
If the agency is a private law enforcement agency as defined in Subsection 
53-19-102
(4), the agency may apply the lost or mislaid property to a public interest use as 
provided in Subsection (4)(a) after obtaining the permission, designation, and 
approval of the legislative body of the municipality in which the agency is located.
(5)
Any person employed by a law enforcement agency who finds property may not claim 
or receive property under this section.
(6)
(a)
If the lost or mislaid property is a firearm or other dangerous weapon received by 
a law enforcement agency under Subsection 
76-10-529
(6)
76-11-215(7)
, the law 
enforcement agency may dispose of the firearm or other dangerous weapon three 
months after the property's receipt by the law enforcement agency if the owner of the 
firearm or other dangerous weapon, or the owner's agent:
(i)
fails to retrieve the firearm or other dangerous weapon; or
(ii)
is legally prohibited from possessing the firearm or other dangerous weapon.
(b)
A law enforcement agency may dispose of a firearm under Subsection (6)(a) by 
following the procedures described in Section 
77-11a-403
, disposition of firearms no 
longer needed as evidence.
Section 485, Section 
77-20-203
 is amended to read:
77-20-203
. County sheriff authority to release an individual from jail on own 
recognizance.
(1)
As used in this section:
(a)
(i)
"Qualifying domestic violence offense" means the same as that term is defined 
in Subsection 
77-36-1.1
(4).
(ii)
"Qualifying domestic violence offense" does not include criminal mischief as 
described in Section 
76-6-106
.
(b)
"Qualifying offense" means the same as that term is defined in Section 
78B-7-801
.
(c)
"Violent felony" means the same as that term is defined in Section 
76-3-203.5
.
(2)
Except as provided in Subsection (3), a county jail official may release an individual 
from a jail facility on the individual's own recognizance if:
(a)
the individual was arrested without a warrant;
(b)
the individual was not arrested for:
(i)
a violent felony;
(ii)
a qualifying offense;
(iii)
the offense of driving under the influence or driving with a measurable 
controlled substance in the body if the offense results in death or serious bodily 
injury to an individual; or
(iv)
an offense described in Subsection 
76-9-101
(4)
76-9-101(3)(b)
;
(c)
law enforcement has not submitted a probable cause statement to a court or 
magistrate;
(d)
the individual agrees in writing to appear for any future criminal proceedings related 
to the arrest; and
(e)
the individual qualifies for release under the written policy described in Subsection 
(4) for the county.
(3)
A county jail official may not release an individual from a jail facility if the individual is 
subject to a 72-hour hold placed on the individual by the Department of Corrections as 
described in Section 
64-13-29
.
(4)
(a)
A county sheriff shall create and approve a written policy for the county that 
governs the release of an individual on the individual's own recognizance.
(b)
The written policy shall describe the criteria an individual shall meet to be released 
on the individual's own recognizance.
(c)
A county sheriff may include in the written policy the criteria for release relating to:
(i)
criminal history;
(ii)
prior instances of failing to appear for a mandatory court appearance;
(iii)
current employment;
(iv)
residency;
(v)
ties to the community;
(vi)
an offense for which the individual was arrested;
(vii)
any potential criminal charges that have not yet been filed;
(viii)
the individual's health condition;
(ix)
any potential risks to a victim, a witness, or the public; and
(x)
any other similar factor a sheriff determines is relevant.
(5)
(a)
Except as provided in Subsection (5)(b)(ii), a jail facility shall detain an individual 
for up to 24 hours from booking if:
(i)
the individual is on supervised probation or parole and that information is 
reasonably available; and
(ii)
the individual was arrested for:
(A)
a violent felony; or
(B)
a qualifying domestic violence offense.
(b)
The jail facility shall:
(i)
notify the entity supervising the individual's probation or parole that the individual 
is being detained; and
(ii)
release the individual:
(A)
to the Department of Corrections if the Department of Corrections supervises 
the individual and requests the individual's release; or
(B)
if a court or magistrate orders release.
(c)
This Subsection (5) does not prohibit a jail facility from holding the individual in 
accordance with this chapter for a new criminal offense.
(6)
This section does not prohibit a court and a county from entering into an agreement 
regarding release.
Section 486, Section 
77-20-204
 is amended to read:
77-20-204
. County jail authority to release an individual from jail on monetary 
bail.
(1)
As used in this section, "eligible felony offense" means a third degree felony violation 
under:
(a)
Section 
23A-4-501
 or 
23A-4-502
;
(b)
Section 
23A-5-311
;
(c)
Section 
23A-5-313
;
(d)
Title 76, Chapter 6, Part 4, Theft;
(e)
Title 76, Chapter 6, Part 5, Fraud;
(f)
Title 76, Chapter 6, Part 6, Retail Theft;
(g)
Title 76, Chapter 6, Part 7, Utah Computer Crimes Act;
(h)
Title 76, Chapter 6, Part 8, Library Theft;
(i)
Title 76, Chapter 6, Part 9, Cultural Sites Protection;
(j)
Title 76, Chapter 6, Part 10, Mail Box Damage and Mail Theft;
(k)
Title 76, Chapter 6, Part 11, Identity Fraud Act;
(l)
Title 76, Chapter 6, Part 12, Utah Mortgage Fraud Act;
(m)
Title 76, Chapter 6, Part 13, Utah Automated Sales Suppression Device Act;
(n)
Title 76, Chapter 6, Part 14, Regulation of Metal Dealers;
(o)
Title 76, Chapter 6a, Pyramid Scheme Act;
(p)
(o)
Title 76, Chapter 7, Offenses Against the Family;
(q)
(p)
Title 76, Chapter 7a, Abortion Prohibition;
(q)
Title 76, Chapter 12, Part 2, Electronic Communication Abuse;
(r)
Title 76, Chapter 12, Part 3, Privacy Offenses;
(s)
Title 76, Chapter 13, Offenses Involving Cruelty to Animals; or
(t)
Title 76, Chapter 17, Part 3, Offenses Concerning Pyramid Schemes.
(r)
Title 76, Chapter 9, Part 2, Electronic Communication and Telephone Abuse;
(s)
Title 76, Chapter 9, Part 3, Cruelty to Animals;
(t)
Title 76, Chapter 9, Part 4, Offenses Against Privacy;
(u)
Title 76, Chapter 9, Part 5, Libel; or
(v)
Title 76, Chapter 9, Part 6, Offenses Against the Flag.
(2)
Except as provided in Subsection (7)(a), a county jail official may fix a financial 
condition for an individual if:
(a)
(i)
the individual is ineligible to be released on the individual's own recognizance 
under Section 
77-20-203
;
(ii)
the individual is arrested for, or charged with:
(A)
a misdemeanor offense under state law; or
(B)
a violation of a city or county ordinance that is classified as a class B or C 
misdemeanor offense;
(iii)
the individual agrees in writing to appear for any future criminal proceedings 
related to the arrest; and
(iv)
law enforcement has not submitted a probable cause statement to a magistrate; or
(b)
(i)
the individual is arrested for, or charged with, an eligible felony offense;
(ii)
the individual is not on pretrial release for a separate criminal offense;
(iii)
the individual is not on probation or parole;
(iv)
the primary risk posed by the individual is the risk of failure to appear;
(v)
the individual agrees in writing to appear for any future criminal proceedings 
related to the arrest; and
(vi)
law enforcement has not submitted a probable cause statement to a magistrate.
(3)
A county jail official may not fix a financial condition at a monetary amount that 
exceeds:
(a)
$5,000 for an eligible felony offense;
(b)
$1,950 for a class A misdemeanor offense;
(c)
$680 for a class B misdemeanor offense;
(d)
$340 for a class C misdemeanor offense;
(e)
$150 for a violation of a city or county ordinance that is classified as a class B 
misdemeanor; or
(f)
$80 for a violation of a city or county ordinance that is classified as a class C 
misdemeanor.
(4)
If an individual is arrested for more than one offense, and the county jail official fixes a 
financial condition for release:
(a)
the county jail official shall fix the financial condition at a single monetary amount; 
and
(b)
the single monetary amount may not exceed the monetary amount under Subsection 
(3) for the highest level of offense for which the individual is arrested.
(5)
Except as provided in Subsection (7)(b), an individual shall be released if the individual 
posts a financial condition fixed by a county jail official in accordance with this section.
(6)
If a county jail official fixes a financial condition for an individual, law enforcement 
shall submit a probable cause statement in accordance with Rule 9 of the Utah Rules of 
Criminal Procedure after the county jail official fixes the financial condition.
(7)
Once a magistrate begins a review of an individual's case under Rule 9 of the Utah 
Rules of Criminal Procedure:
(a)
a county jail official may not fix or modify a financial condition for an individual; 
and
(b)
if a county jail official fixed a financial condition for the individual before the 
magistrate's review, the individual may no longer be released on the financial 
condition.
(8)
A jail facility may not release an individual subject to a 72-hour hold placed on the 
individual by the Department of Corrections as described in Section 
64-13-29
.
(9)
This section does not prohibit a court and a county from entering into an agreement 
regarding release.
Section 487, Section 
77-22-2.5
 is amended to read:
77-22-2.5
. Court orders for criminal investigations for records concerning an 
electronic communications system or service or remote computing service -- Content -- 
Fee for providing information.
(1)
As used in this section:
(a)
(i)
"Electronic communication" means any transfer of signs, signals, writing, 
images, sounds, data, or intelligence of any nature transmitted in whole or in part 
by a wire, radio, electromagnetic, photoelectronic, or photooptical system.
(ii)
"Electronic communication" does not include:
(A)
a wire or oral communication;
(B)
a communication made through a tone-only paging device;
(C)
a communication from a tracking device; or
(D)
electronic funds transfer information stored by a financial institution in a 
communications system used for the electronic storage and transfer of funds.
(b)
"Electronic communications service" means a service which provides for users the 
ability to send or receive wire or electronic communications.
(c)
"Electronic communications system" means a wire, radio, electromagnetic, 
photooptical, or photoelectronic facilities for the transmission of wire or electronic 
communications, and a computer facilities or related electronic equipment for the 
electronic storage of the communication.
(d)
"Internet service provider" means the same as that term is defined in Section 
76-10-1230
76-5c-401
.
(e)
"Prosecutor" means the same as that term is defined in Section 
77-22-4.5
.
(f)
"Remote computing service" means the provision to the public of computer storage 
or processing services by means of an electronic communications system.
(g)
(i)
"Sexual offense against a minor" means:
(i)
(A)
sexual exploitation of a minor or attempted sexual exploitation of a minor 
in violation of Section 
76-5b-201
;
(ii)
(B)
aggravated sexual exploitation of a minor or attempted aggravated sexual 
exploitation of a minor in violation of Section 
76-5b-201.1
;
(iii)
(C)
a sexual offense or attempted sexual offense committed against a minor 
in violation of 
Title 76, Chapter 5, Part 4, Sexual Offenses
;
(iv)
(D)
dealing in or attempting to deal in material harmful to a minor in 
violation of 
Section 
76-10-1206
Section 
76-5c-205
 or 
76-5c-206
;
(v)
enticement of a minor or attempted enticement of a minor in violation of Section 
76-4-401
;
(vi)
(E)
human trafficking of a child in violation of Section 
76-5-308.5
; or
(vii)
(F)
aggravated sexual extortion of a child in violation of Section 
76-5b-204
.
(ii)
"Sexual offense against a minor" does not include an offense described in Section 
76-5-418
, 
76-5-419
, or 
76-5-420
.
(2)
When a law enforcement agency is investigating a sexual offense against a minor, an 
offense of stalking under Section 
76-5-106.5
, or an offense of child kidnapping under 
Section 
76-5-301.1
, and has reasonable suspicion that an electronic communications 
system or service or remote computing service has been used in the commission of a 
criminal offense, a law enforcement agent shall:
(a)
articulate specific facts showing reasonable grounds to believe that the records or 
other information sought, as designated in Subsections 
(2)(c)(i)
 through 
(v)
, are 
relevant and material to an ongoing investigation;
(b)
present the request to a prosecutor for review and authorization to proceed; and
(c)
submit the request to a magistrate for a court order, consistent with 18 U.S.C. Sec. 
2703 and 18 U.S.C. Sec. 2702, to the electronic communications system or service or 
remote computing service provider that owns or controls the Internet protocol 
address, websites, email address, or service to a specific telephone number, requiring 
the production of the following information, if available, upon providing in the court 
order the Internet protocol address, email address, telephone number, or other 
identifier, and the dates and times the address, telephone number, or other identifier 
is suspected of being used in the commission of the offense:
(i)
names of subscribers, service customers, and users;
(ii)
addresses of subscribers, service customers, and users;
(iii)
records of session times and durations;
(iv)
length of service, including the start date and types of service utilized; and
(v)
telephone or other instrument subscriber numbers or other subscriber identifiers, 
including a temporarily assigned network address.
(3)
A court order issued under this section shall state that the electronic communications 
system or service or remote computing service provider shall produce a record under 
Subsections 
(2)(c)(i)
 through 
(v)
 that is reasonably relevant to the investigation of the 
suspected criminal activity or offense as described in the court order.
(4)
(a)
An electronic communications system or service or remote computing service 
provider that provides information in response to a court order issued under this 
section may charge a fee, not to exceed the actual cost, for providing the information.
(b)
The law enforcement agency conducting the investigation shall pay the fee.
(5)
The electronic communications system or service or remote computing service provider 
served with or responding to the court order may not disclose the court order to the 
account holder identified pursuant to the court order for a period of 90 days.
(6)
If the electronic communications system or service or remote computing service 
provider served with the court order does not own or control the Internet protocol 
address, websites, or email address, or provide service for the telephone number that is 
the subject of the court order, the provider shall notify the investigating law enforcement 
agency that the provider does not have the information.
(7)
There is no cause of action against a provider or wire or electronic communication 
service, or the provider or service's officers, employees, agents, or other specified 
persons, for providing information, facilities, or assistance in accordance with the terms 
of the court order issued under this section or statutory authorization.
(8)
(a)
A court order issued under this section is subject to the provisions of 
Title 77, 
Chapter 23b, Access to Electronic Communications
.
(b)
Rights and remedies for providers and subscribers under 
Title 77, Chapter 23b, 
Access to Electronic Communications
, apply to providers and subscribers subject to a 
court order issued under this section.
(9)
A prosecutorial agency shall annually on or before February 15 report to the 
Commission on Criminal and Juvenile Justice:
(a)
the number of requests for court orders authorized by the prosecutorial agency;
(b)
the number of orders issued by the court and the criminal offense, pursuant to 
Subsection 
(2)
, each order was used to investigate; and
(c)
if the court order led to criminal charges being filed, the type and number of offenses 
charged.
Section 488, Section 
77-23a-8
 is amended to read:
77-23a-8
. Court order to authorize or approve interception -- Procedure.
(1)
The attorney general of the state, any assistant attorney general specially designated by 
the attorney general, any county attorney, district attorney, deputy county attorney, or 
deputy district attorney specially designated by the county attorney or by the district 
attorney, may authorize an application to a judge of competent jurisdiction for an order 
for an interception of wire, electronic, or oral communications by any law enforcement 
agency of the state, the federal government or of any political subdivision of the state 
that is responsible for investigating the type of offense for which the application is made.
(2)
The judge may grant the order in conformity with the required procedures when the 
interception sought may provide or has provided evidence of the commission of:
(a)
an act:
(i)
prohibited by the criminal provisions of:
(A)
Title 58, Chapter 37, Utah Controlled Substances Act;
(B)
Title 58, Chapter 37c, Utah Controlled Substance Precursor Act; or
(C)
Title 58, Chapter 37d, Clandestine Drug Lab Act; and
(ii)
punishable by a term of imprisonment of more than one year;
(b)
an act prohibited by the criminal provisions under Title 61, Chapter 1, Utah Uniform 
Securities Act, and punishable by a term of imprisonment of more than one year;
(c)
an offense:
(i)
of:
(A)
attempt under Section 
76-4-101
;
(B)
conspiracy under Section 
76-4-201
;
(C)
criminal solicitation of an adult, Section 
76-4-203
; or
(D)
criminal solicitation of a minor, Section 
76-4-205
; and
(ii)
punishable by a term of imprisonment of more than one year;
(d)
a threat of terrorism offense punishable by a maximum term of imprisonment of 
more than one year under Section 
76-5-107.3
;
(e)
(i)
aggravated murder under Section 
76-5-202
;
(ii)
murder under Section 
76-5-203
; or
(iii)
manslaughter under Section 
76-5-205
;
(f)
(i)
kidnapping under Section 
76-5-301
;
(ii)
child kidnapping under Section 
76-5-301.1
;
(iii)
aggravated kidnapping under Section 
76-5-302
;
(iv)
human trafficking for labor under Section 
76-5-308
;
(v)
human trafficking for sexual exploitation under Section 
76-5-308.1
;
(vi)
human trafficking of a child under Section 
76-5-308.5
;
(vii)
human smuggling under Section 
76-5-308.3
;
(viii)
aggravated human trafficking under Section 
76-5-310
; or 
(ix)
aggravated human smuggling under Section 
76-5-310.1
;
(g)
(i)
arson under Section 
76-6-102
; or
(ii)
aggravated arson under Section 
76-6-103
;
(h)
(i)
burglary under Section 
76-6-202
; or
(ii)
aggravated burglary under Section 
76-6-203
;
(i)
(i)
robbery under Section 
76-6-301
; or
(ii)
aggravated robbery under Section 
76-6-302
;
(j)
an offense:
(i)
of:
(A)
theft under Section 
76-6-404
;
(B)
theft by deception under Section 
76-6-405
; or
(C)
theft by extortion under Section 
76-6-406
; and
(ii)
punishable by a maximum term of imprisonment of more than one year;
(k)
an offense of receiving stolen property that is punishable by a maximum term of 
imprisonment of more than one year under Section 
76-6-408
;
(l)
a financial card transaction offense punishable by a maximum term of imprisonment 
of more than one year under Section 
76-6-506.2
, 
76-6-506.3
, or 
76-6-506.6
;
(m)
bribery of a labor official under Section 
76-6-509
;
(n)
bribery or threat to influence a publicly exhibited contest under Section 
76-6-514
;
(o)
a criminal simulation offense punishable by a maximum term of imprisonment of 
more than one year under Section 
76-6-518
;
(p)
criminal usury under Section 
76-6-520
;
(q)
insurance fraud punishable by a maximum term of imprisonment of more than one 
year under Section 
76-6-521
;
(r)
a violation under Title 76, Chapter 6, Part 7, Utah Computer Crimes Act, punishable 
by a maximum term of imprisonment of more than one year under Section 
76-6-703
;
(s)
bribery to influence official or political actions under Section 
76-8-103
;
(t)
misusing public money or public property under Section 
76-8-402
;
(u)
tampering with a witness under Section 
76-8-508
;
(v)
retaliation against a witness, victim, or informant under Section 
76-8-508.3
;
(w)
tampering or retaliating against a juror under Section 
76-8-508.5
;
(x)
receiving or soliciting a bribe as a witness under Section 
76-8-508.7
;
(y)
extortion or bribery to dismiss a criminal proceeding under Section 
76-8-509
;
(z)
obstruction of justice in a criminal investigation or proceeding under Section 
76-8-306
;
(aa)
harboring or concealing offender who has escaped from official custody under 
Section 
76-8-309.2
;
(bb)
destruction of property to interfere with preparations for defense or war under 
Section 
76-8-802
;
(cc)
an attempt to commit crimes of sabotage under Section 
76-8-804
;
(dd)
conspiracy to commit crimes of sabotage under Section 
76-8-805
;
(ee)
advocating criminal syndicalism or sabotage under Section 
76-8-902
;
(ff)
assembling for advocating criminal syndicalism or sabotage under Section 
76-8-903
;
(gg)
riot punishable by a maximum term of imprisonment of more than one year under 
Section 
76-9-101
;
(hh)
dog fighting, training dogs for fighting, or dog fighting exhibitions punishable by a 
maximum term of imprisonment of more than one year under Section 
76-9-301.1
76-13-205
;
(ii)
possession, use, or removal of an explosive, chemical, or incendiary device and 
parts under Section 
76-10-306
;
(jj)
(ii)
delivery to a common carrier or mailing of an explosive, chemical, or 
incendiary device under Section 
76-10-307
76-15-209
;
(jj)
unlawful conduct involving an explosive, chemical, or incendiary device under 
Section 
76-15-210
;
(kk)
unlawful conduct involving an explosive, chemical, or incendiary part under 
Section 
76-15-211
;
(kk)
(ll)
exploiting prostitution under Section 
76-10-1305
76-5d-207
;
(ll)
(mm)
aggravated exploitation of prostitution under Section 
76-10-1306
76-5d-208
;
(mm)
(nn)
bus hijacking
 or assault with intent to commit hijacking
 under Section 
76-10-1504
76-9-1502
;
(oo)
assault with intent to commit bus hijacking under Section 
76-9-1503
;
(nn)
(pp)
discharging firearms and hurling missiles
unlawful discharge of a firearm or 
hurling of a missile into a bus or terminal
 under Section 
76-10-1505
76-9-1504
;
(oo)
(qq)
violations under 
Title 76, Chapter 10, Part 16, Pattern of Unlawful Activity 
Act
Title 76, Chapter 17, Part 4, Offenses Concerning a Pattern of Unlawful Activity
, 
and the offenses listed under the definition of unlawful activity in the act, including 
the offenses not punishable by a maximum term of imprisonment of more than one 
year when those offenses are investigated as predicates for the offenses prohibited by 
the act under Section 
76-10-1602
76-17-401
;
(pp)
(rr)
communications fraud under Section 
76-10-1801
76-6-525
;
(qq)
(ss)
money laundering under Sections 
76-10-1903
 and 
76-10-1904
76-9-1602
 and 
76-9-1603
; or
(rr)
(tt)
reporting by a person engaged in a trade or business when the offense is 
punishable by a maximum term of imprisonment of more than one year under Section 
76-10-1906
76-9-1604
.
Section 489, Section 
77-36-1
 is amended to read:
77-36-1
. Definitions.
As used in this chapter:
(1)
"Cohabitant" means the same as that term is defined in Section 
78B-7-102
.
(2)
"Department" means the Department of Public Safety.
(3)
"Divorced" means an individual who has obtained a divorce under Title 81, Chapter 4, 
Part 4, Divorce.
(4)
(a)
"Domestic violence" or "domestic violence offense" means any criminal offense 
involving violence or physical harm or threat of violence or physical harm, or any 
attempt, conspiracy, or solicitation to commit a criminal offense involving violence 
or physical harm, when committed by one cohabitant against another.
(b)
"Domestic violence" or "domestic violence offense" includes the commission of or 
attempt to commit, any of the following offenses by one cohabitant against another:
(i)
aggravated assault under Section 
76-5-103
;
(ii)
aggravated cruelty to an animal under 
Subsection 
76-9-301
(4)
Section 
76-13-203
, 
with the intent to harass or threaten the other cohabitant;
(iii)
assault under Section 
76-5-102
;
(iv)
criminal homicide under Section 
76-5-201
;
(v)
harassment under Section 
76-5-106
;
(vi)
electronic communication harassment under 
Section 
76-9-201
Sections 
76-12-202
, 
76-12-203
, and 
76-12-204
;
(vii)
kidnapping, child kidnapping, or aggravated kidnapping under Sections 
76-5-301
, 
76-5-301.1
, and 
76-5-302
;
(viii)
mayhem under Section 
76-5-105
;
(ix)
propelling a bodily substance or material, as described in Section 
76-5-102.9
;
(x)
sexual offenses under Title 76, Chapter 5, Part 4, Sexual Offenses, and 
sexual 
exploitation of a minor and aggravated sexual exploitation of a minor, as 
described in Sections 
76-5b-201
 and 
76-5b-201.1
;
(xi)
stalking under Section 
76-5-106.5
;
(xii)
unlawful detention and unlawful detention of a minor under Section 
76-5-304
;
(xiii)
violation of a protective order or ex parte protective order under Section 
76-5-108
;
(xiv)
an offense against property under Title 76, Chapter 6, Part 1, Property 
Destruction, Title 76, Chapter 6, Part 2, Burglary and Criminal Trespass, or Title 
76, Chapter 6, Part 3, Robbery;
(xv)
possession of a deadly weapon with criminal intent under Section 
76-10-507
76-11-206
;
(xvi)
discharge of a firearm from a vehicle, near a highway, or in the direction of any 
person, building, or vehicle under Section 
76-10-508
76-11-207
;
(xvii)
disorderly conduct under Section 
76-9-102
, if a conviction or adjudication of 
disorderly conduct is the result of a plea agreement in which the perpetrator was 
originally charged with a domestic violence offense otherwise described in this 
Subsection (4), except that a conviction or adjudication of disorderly conduct as a 
domestic violence offense, in the manner described in this Subsection (4)(p), does 
not constitute a misdemeanor crime of domestic violence under 18 U.S.C. Sec. 
921, and is exempt from the federal Firearms Act, 18 U.S.C. Sec. 921 et seq.;
(xviii)
child abuse under Section 
76-5-114
;
(xix)
threatening use of a dangerous weapon under Section 
76-10-506
76-11-205
;
(xx)
threatening violence under Section 
76-5-107
;
(xxi)
tampering with a witness under Section 
76-8-508
;
(xxii)
retaliation against a witness, victim, or informant under Section 
76-8-508.3
;
(xxiii)
receiving or soliciting a bribe as a witness under Section 
76-8-508.7
;
(xxiv)
unlawful distribution of an intimate image under Section 
76-5b-203
;
(xxv)
unlawful distribution of a counterfeit intimate image under Section 
76-5b-205
;
(xxvi)
sexual battery under Section 
76-9-702.1
;
(xxvii)
(xxvi)
voyeurism under Section 
76-9-702.7
76-12-306
;
(xxvii)
recorded or photographed voyeurism under Section 
76-12-307
;
(xxviii)
distribution of images obtained through voyeurism under Section 
76-12-308
;
(xxviii)
(xxix)
damage to or interruption of a communication device under Section 
76-6-108
; or
(xxix)
(xxx)
an offense under Subsection 
78B-7-806
(1).
(c)
"Domestic violence" or "domestic violence offense" does not include:
(i)
enticing a minor under Section 
76-5-417
;
(ii)
lewdness under in Section 
76-5-419
; or
(iii)
lewdness involving a child under Section 
76-5-420
.
(5)
"Jail release agreement" means the same as that term is defined in Section 
78B-7-801
.
(6)
"Jail release court order" means the same as that term is defined in Section 
78B-7-801
.
(7)
"Marital status" means married and living together, divorced, separated, or not married.
(8)
"Married and living together" means a couple whose marriage was solemnized under 
Section 
81-2-305
 or 
81-2-407
 and who are living in the same residence.
(9)
"Not married" means any living arrangement other than married and living together, 
divorced, or separated.
(10)
"Protective order" includes an order issued under Subsection 
78B-7-804
(3).
(11)
"Pretrial protective order" means a written order:
(a)
specifying and limiting the contact a person who has been charged with a domestic 
violence offense may have with an alleged victim or other specified individuals; and
(b)
specifying other conditions of release under Section 
78B-7-802
 or 
78B-7-803
, 
pending trial in the criminal case.
(12)
"Sentencing protective order" means a written order of the court as part of sentencing 
in a domestic violence case that limits the contact an individual who is convicted or 
adjudicated of a domestic violence offense may have with a victim or other specified 
individuals under Section 
78B-7-804
.
(13)
"Separated" means a couple who have had their marriage solemnized under Section 
81-2-305
 or 
81-2-407
 and who are not living in the same residence.
(14)
"Victim" means a cohabitant who has been subjected to domestic violence.
Section 490, Section 
77-36-2.1
 is amended to read:
77-36-2.1
. Duties of law enforcement officers -- Notice to victims -- Lethality 
assessments.
(1)
As used in this section:
)
(a)
"Criminal justice system victim advocate" means the same as that term is defined in 
Section 
77-38-403
.
(b)
(i)
"Dating relationship" means a social relationship of a romantic or intimate 
nature, or a relationship which has romance or intimacy as a goal by one or both 
parties, regardless of whether the relationship involves sexual intimacy.
(ii)
"Dating relationship" does not include casual fraternization in a business, 
educational, or social context.
(c)
"Intimate partner" means an emancipated individual under Section 
15-2-1
 or an 
individual who is 16 years old or older who:
(i)
is or was a spouse of the other party;
(ii)
is or was living as if a spouse of the other party;
(iii)
has or had one or more children in common with the other party;
(iv)
is the biological parent of the other party's unborn child;
(v)
is or was in a consensual sexual relationship with the other party; or
(vi)
is or was in a dating relationship with the other party.
(d)
"Nongovernment organization victim advocate" means the same as that term is 
defined in Section 
77-38-403
.
(e)
"Primary purpose domestic violence organization" means a contract provider of 
domestic violence services as described in Section 
80-2-301
.
(2)
A law enforcement officer who responds to an allegation of domestic violence shall:
(a)
use all reasonable means to protect the victim and prevent further violence, including:
(i)
taking the action that, in the officer's discretion, is reasonably necessary to provide 
for the safety of the victim and any family or household member;
(ii)
confiscating the weapon or weapons involved in the alleged domestic violence;
(iii)
making arrangements for the victim and any child to obtain emergency housing 
or shelter;
(iv)
providing protection while the victim removes essential personal effects;
(v)
arrange, facilitate, or provide for the victim and any child to obtain medical 
treatment; 
(vi)
arrange, facilitate, or provide the victim with immediate and adequate notice of 
the rights of victims and of the remedies and services available to victims of 
domestic violence, in accordance with Subsection (3); and
(vii)
providing the pamphlet created by the department under Section 
53-5c-201
 to 
the victim if the allegation of domestic violence:
(A)
includes a threat of violence as described in Section 
76-5-107
;
(B)
results, or would result, in the owner cohabitant becoming a restricted person 
under Section 
76-10-503
76-11-302
; or
(C)
is accompanied by a completed lethality assessment that demonstrates the 
cohabitant is at high risk of being further victimized; and
(b)
if the allegation of domestic violence is against an intimate partner, complete the 
lethality assessment protocols described in this section.
(3)
(a)
A law enforcement officer shall give written notice to the victim in simple 
language, describing the rights and remedies available under this chapter, Title 78B, 
Chapter 7, Part 6, Cohabitant Abuse Protective Orders, and Title 78B, Chapter 7, Part 
2, Child Protective Orders.
(b)
The written notice shall include:
(i)
a statement that the forms needed in order to obtain an order for protection are 
available from the court clerk's office in the judicial district where the victim 
resides or is temporarily domiciled;
(ii)
a list of shelters, services, and resources available in the appropriate community, 
together with telephone numbers, to assist the victim in accessing any needed 
assistance; and
(iii)
the information required to be provided to both parties in accordance with 
Subsections 
78B-7-802
(8) and (9) .
(4)
If a weapon is confiscated under this section, the law enforcement agency shall return 
the weapon to the individual from whom the weapon is confiscated if a domestic 
violence protective order is not issued or once the domestic violence protective order is 
terminated.
(5)
A law enforcement officer shall complete a lethality assessment form by asking the 
victim:
(a)
if the aggressor has ever used a weapon against the victim or threatened the victim 
with a weapon;
(b)
if the aggressor has ever threatened to kill the victim or the victim's children;
(c)
if the victim believes the aggressor will try to kill the victim;
(d)
if the aggressor has ever tried to choke the victim;
(e)
if the aggressor has a gun or could easily get a gun;
(f)
if the aggressor is violently or constantly jealous, or controls most of the daily 
activities of the victim;
(g)
if the victim left or separated from the aggressor after they were living together or 
married;
(h)
if the aggressor is unemployed;
(i)
if the aggressor has ever attempted suicide, to the best of the victim's knowledge;
(j)
if the victim has a child that the aggressor believes is not the aggressor's biological 
child;
(k)
if the aggressor follows or spies on the victim, or leaves threatening messages for the 
victim; and
(l)
if there is anything else that worries the victim about the victim's safety and, if so, 
what worries the victim.
(6)
A law enforcement officer shall comply with Subsection (7) if:
(a)
the victim answers affirmatively to any of the questions in Subsections (5)(a) through 
(d);
(b)
the victim answers negatively to the questions in Subsections (5)(a) through (d), but 
affirmatively to at least four of the questions in Subsections (5)(e) through (k); or
(c)
as a result of the victim's response to the question in Subsection (5)(l), the law 
enforcement officer believes the victim is in a potentially lethal situation.
(7)
If the criteria in Subsections (6)(a), (b), or (c) are met, the law enforcement officer shall:
(a)
advise the victim of the results of the assessment; 
(b)
refer the victim to a nongovernment organization victim advocate at a primary 
purpose domestic violence organization; and
(c)
refer the victim to a criminal justice system victim advocate if the responding law 
enforcement agency has a criminal justice system victim advocate available.
(8)
If a victim does not or is unable to provide information to a law enforcement officer 
sufficient to allow the law enforcement officer to complete a lethality assessment form, 
or does not speak or is unable to speak with a nongovernment organization victim 
advocate, the law enforcement officer shall document this information on the lethality 
assessment form and submit the information to the Department of Public Safety under 
Subsection (9).
(9)
(a)
Except as provided in Subsection (9)(b), a law enforcement officer shall submit 
the results of a lethality assessment to the Department of Public Safety while on 
scene.
(b)
If a law enforcement officer is not reasonably able to submit the results of a lethality 
assessment while on scene, the law enforcement officer shall submit the results of the 
lethality assessment to the Department of Public Safety as soon as practicable.
(c)
(i)
Before the reporting mechanism described in Subsection (10)(a) is developed, a 
law enforcement officer shall submit the results of a lethality assessment to the 
Department of Public Safety using means prescribed by the Department of Public 
Safety.
(ii)
After the reporting mechanism described in Subsection (10)(a) is developed, a 
law enforcement officer shall submit the results of a lethality assessment to the 
Department of Public Safety using that reporting mechanism.
(10)
The Department of Public Safety shall:
(a)
as soon as practicable, develop and maintain a reporting mechanism by which a law 
enforcement officer will submit the results of a lethality assessment as required by 
Subsection (9);
(b)
provide prompt analytical support to a law enforcement officer who submits the 
results of a lethality assessment using the reporting mechanism described in 
Subsection (10)(a); and
(c)
create and maintain a database of lethality assessment data provided under this 
section.
(11)
(a)
Subject to Subsection (11)(b), a law enforcement officer shall include the results 
of a lethality assessment and any related, relevant analysis provided by the 
Department of Public Safety under Subsection (10), with:
(i)
a probable cause statement submitted in accordance with Rule 9 of the Utah Rules 
of Criminal Procedure; and
(ii)
an incident report prepared in accordance with Section 
77-36-2.2
.
(b)
In a probable cause statement or incident report, a law enforcement officer may not 
include information about how or where a victim was referred under Subsection (7)(b).
Section 491, Section 
77-37-2
 is amended to read:
77-37-2
. Definitions.
As used in this chapter:
(1)
"Alleged sexual offender" means the same as that term is defined in Section 
53-10-801
.
(2)
"Child" means a person who is younger than 18 years old, unless otherwise specified in 
statute. The rights to information as extended in this chapter also apply to the parents, 
custodian, or legal guardians of children.
(3)
"Family member" means spouse, child, sibling, parent, grandparent, or legal guardian.
(4)
"HIV infection" means the same as that term is defined in Section 
53-10-801
.
(5)
"Sexual assault kit" means the same as that term is defined in Section 
53-10-902
.
(6)
(a)
"Sexual offense" means any conduct described in:
(a)
(i)
Title 76, Chapter 5, Part 4, Sexual Offenses;
(b)
(ii)
Title 76, Chapter 5b, Sexual Exploitation Act;
 or
(c)
(iii)
Section 
76-7-102
, incest
;
.
(d)
Section 
76-9-702
, lewdness; or
(e)
Section 
76-9-702.1
, sexual battery.
(b)
"Sexual offense" does not include conduct described in:
(i)
Section 
76-5-417
, enticing a minor;
(ii)
Section 
76-5-420
, lewdness involving a child; or
(iii)
Section 
76-5b-206
, failure to report child sexual abuse material by a computer 
technician.
(7)
"Victim" means an individual, including a minor, against whom an offense has been 
allegedly committed.
(8)
"Witness" means any person who has been subpoenaed or is expected to be summoned 
to testify for the prosecution or who by reason of having relevant information is subject 
to call or likely to be called as a witness for the prosecution, whether any action or 
proceeding has commenced.
Section 492, Section 
77-38-3
 is amended to read:
77-38-3
. Notification to victims -- Initial notice, election to receive subsequent 
notices -- Form of notice -- Protected victim information -- Pretrial criminal no contact 
order.
(1)
Within seven days after the day on which felony criminal charges are filed against a 
defendant, the prosecuting agency shall provide an initial notice to reasonably 
identifiable and locatable victims of the crime contained in the charges, except as 
otherwise provided in this chapter.
(2)
The initial notice to the victim of a crime shall provide information about electing to 
receive notice of subsequent important criminal justice hearings listed in Subsections 
77-38-2
(5)(a) through (g) and rights under this chapter.
(3)
The prosecuting agency shall provide notice to a victim of a crime:
(a)
for the important criminal justice hearings, provided in Subsections 
77-38-2
(5)(a) 
through (g), which the victim has requested; and
(b)
for a restitution request to be submitted in accordance with Section 
77-38b-202
.
(4)
(a)
The responsible prosecuting agency may provide initial and subsequent notices in 
any reasonable manner, including telephonically, electronically, orally, or by means 
of a letter or form prepared for this purpose.
(b)
In the event of an unforeseen important criminal justice hearing, described in 
Subsections 
77-38-2
(5)(a) through (g) for which a victim has requested notice, a 
good faith attempt to contact the victim by telephone shall be considered sufficient 
notice, provided that the prosecuting agency subsequently notifies the victim of the 
result of the proceeding.
(5)
(a)
The court shall take reasonable measures to ensure that its scheduling practices for 
the proceedings provided in Subsections 
77-38-2
(5)(a) through (g) permit an 
opportunity for victims of crimes to be notified.
(b)
The court shall consider whether any notification system that the court might use to 
provide notice of judicial proceedings to defendants could be used to provide notice 
of judicial proceedings to victims of crimes.
(6)
A defendant or, if it is the moving party, the Division of Adult Probation and Parole, 
shall give notice to the responsible prosecuting agency of any motion for modification of 
any determination made at any of the important criminal justice hearings provided in 
Subsections 
77-38-2
(5)(a) through (g) in advance of any requested court hearing or 
action so that the prosecuting agency may comply with the prosecuting agency's 
notification obligation.
(7)
(a)
Notice to a victim of a crime shall be provided by the Board of Pardons and 
Parole for the important criminal justice hearing under Subsection 
77-38-2
(5)(h).
(b)
The board may provide notice in any reasonable manner, including telephonically, 
electronically, orally, or by means of a letter or form prepared for this purpose.
(8)
Prosecuting agencies and the Board of Pardons and Parole are required to give notice to 
a victim of a crime for the proceedings provided in Subsections 
77-38-2
(5)(a) through (g) 
only where the victim has responded to the initial notice, requested notice of subsequent 
proceedings, and provided a current address and telephone number if applicable.
(9)
To facilitate the payment of restitution and the notice of hearings regarding restitution, a 
victim who seeks restitution and notice of restitution hearings shall provide the court 
with the victim's current address and telephone number.
(10)
(a)
Law enforcement and criminal justice agencies shall refer any requests for notice 
or information about crime victim rights from victims to the responsible prosecuting 
agency.
(b)
In a case in which the Board of Pardons and Parole is involved, the responsible 
prosecuting agency shall forward any request for notice the prosecuting agency has 
received from a victim to the Board of Pardons and Parole.
(11)
In all cases where the number of victims exceeds 10, the responsible prosecuting 
agency may send any notices required under this chapter in the prosecuting agency's 
discretion to a representative sample of the victims.
(12)
(a)
A victim's address, telephone number, and victim impact statement maintained 
by a peace officer, prosecuting agency, Youth Parole Authority, Division of Juvenile 
Justice and Youth Services, Department of Corrections, Utah State Courts, and Board 
of Pardons and Parole, for purposes of providing notice under this section, are 
classified as protected under Subsection 
63G-2-305
(10).
(b)
The victim's address, telephone number, and victim impact statement is available 
only to the following persons or entities in the performance of their duties:
(i)
a law enforcement agency, including the prosecuting agency;
(ii)
a victims' right committee as provided in Section 
77-37-5
;
(iii)
a governmentally sponsored victim or witness program;
(iv)
the Department of Corrections;
(v)
the Utah Office for Victims of Crime;
(vi)
the Commission on Criminal and Juvenile Justice;
(vii)
the Utah State Courts; and
(viii)
the Board of Pardons and Parole.
(13)
The notice provisions as provided in this section do not apply to misdemeanors as 
provided in Section 
77-38-5
 and to important juvenile justice hearings as provided in 
Section 
77-38-2
.
(14)
(a)
When a defendant is charged with a felony crime under Sections 
76-5-301
through 
76-5-310.1
 regarding kidnapping, human trafficking, and human smuggling; 
Sections 
76-5-401
 through 
76-5-413.2
 regarding sexual offenses; or Section 
76-10-1306
76-5d-208
 regarding aggravated exploitation of prostitution, the court 
may, during any court hearing where the defendant is present, issue a pretrial 
criminal no contact order:
(i)
prohibiting the defendant from harassing, telephoning, contacting, or otherwise 
communicating with the victim directly or through a third party;
(ii)
ordering the defendant to stay away from the residence, school, place of 
employment of the victim, and the premises of any of these, or any specified place 
frequented by the victim or any designated family member of the victim directly 
or through a third party; and
(iii)
ordering any other relief that the court considers necessary to protect and provide 
for the safety of the victim and any designated family or household member of the 
victim.
(b)
Violation of a pretrial criminal no contact order issued pursuant to this section is a 
third degree felony.
(c)
(i)
The court shall provide to the victim a certified copy of any pretrial criminal no 
contact order that has been issued if the victim can be located with reasonable 
effort.
(ii)
The court shall also transmit the pretrial criminal no contact order to the statewide 
domestic violence network in accordance with Section 
78B-7-113
.
(15)
(a)
When a case involving a victim may resolve before trial with a plea deal, the 
prosecutor shall notify the victim of that possibility as soon as practicable.
(b)
Upon the request of a victim described in Subsection (15)(a), the prosecutor shall 
explain the available details of an anticipated plea deal.
Section 493, Section 
77-38-601
 is amended to read:
77-38-601
. Definitions.
As used in this part:
(1)
"Abuse" means any of the following:
(a)
"abuse" as that term is defined in Section 
76-5-111
 or 
80-1-102
; or
(b)
"child abuse" as that term is defined in Section 
76-5-109
.
(2)
"Actual address" means the residential street address of the program participant that is 
stated in a program participant's application for enrollment or on a notice of a change of 
address under Section 
77-38-610
.
(3)
"Assailant" means an individual who commits or threatens to commit abuse, human 
trafficking, domestic violence, stalking, or a sexual offense against an applicant for the 
program or a minor or incapacitated individual residing with an applicant for the 
program.
(4)
"Assigned address" means an address designated by the commission and assigned to a 
program participant.
(5)
"Authorization card" means a card issued by the commission that identifies a program 
participant as enrolled in the program with the program participant's assigned address 
and the date on which the program participant will no longer be enrolled in the program.
(6)
"Commission" means the State Commission on Criminal and Juvenile Justice created in 
Section 
63M-7-201
.
(7)
"Domestic violence" means the same as that term is defined in Section 
77-36-1
.
(8)
"Human trafficking" means a human trafficking offense under Section 
76-5-308
.
(9)
"Incapacitated individual" means an individual who is incapacitated, as defined in 
Section 
75-1-201
.
(10)
(a)
"Mail" means first class letters or flats delivered by the United States Postal 
Service, including priority, express, and certified mail.
(b)
"Mail" does not include a package, parcel, periodical, or catalogue, unless the 
package, parcel, periodical, or catalogue is clearly identifiable as:
(i)
being sent by a federal, state, or local agency or another government entity; or
(ii)
a pharmaceutical or medical item.
(11)
"Minor" means an individual who is younger than 18 years old.
(12)
"Notification form" means a form issued by the commission that a program participant 
may send to a person demonstrating that the program participant is enrolled in the 
program.
(13)
"Program" means the Safe at Home Program created in Section 
77-38-602
.
(14)
"Program assistant" means an individual designated by the commission under Section 
77-38-604
 to assist an applicant or program participant.
(15)
"Program participant" means an individual who is enrolled under Section 
77-38-606
 by 
the commission to participate in the program.
(16)
"Record" means the same as that term is defined in Section 
63G-2-103
.
(17)
(a)
"Sexual offense" means:
(a)
(i)
a sexual offense under 
Title 76, Chapter 5, Part 4, Sexual Offenses
; or
(b)
(ii)
a sexual exploitation offense under 
Title 76, Chapter 5b, Part 2, Sexual 
Exploitation
.
(b)
"Sexual offense" does not include an offense under:
(i)
Section 
76-5-417
, enticing a minor;
(ii)
Section 
76-5-418
, sexual battery;
(iii)
Section 
76-5-419
, lewdness;
(iv)
Section 
76-5-420
, lewdness involving a child; or
(v)
Section 
76-5b-206
, failure to report child sexual abuse material by a computer 
technician.
(18)
"Stalking" means the same as that term is defined in Section 
76-5-106.5
.
(19)
"State or local government entity" means a county, municipality, higher education 
institution, special district, special service district, or any other political subdivision of 
the state or an administrative subunit of the executive, legislative, or judicial branch of 
this state, including:
(a)
a law enforcement entity or any other investigative entity, agency, department, 
division, bureau, board, or commission; or
(b)
an individual acting or purporting to act for or on behalf of a state or local entity, 
including an elected or appointed public official.
(20)
"Victim" means a victim of abuse, domestic violence, human trafficking, stalking, or 
sexual assault.
Section 494, Section 
77-39-101
 is amended to read:
77-39-101
. Investigation of sales of alcohol, tobacco products, electronic 
cigarette products, nicotine products, and cannabinoid products to underage individuals.
(1)
As used in this section:
(a)
"Cannabinoid product" means the same as that term is defined in Section 
4-41-102
.
(b)
"Electronic cigarette product" means the same as that term is defined in Section 
76-10-101
76-9-1101
.
(c)
"Nicotine product" means the same as that term is defined in Section 
76-10-101
76-9-1101
.
(d)
"Peace officer" means the same as the term is described in Section 
53-13-109
.
(e)
"Tobacco product" means the same as that term is defined in Section 
76-10-101
76-9-1101
.
(2)
(a)
A peace officer may investigate the possible violation of:
(i)
Section 
32B-4-403
 by requesting an individual under 21 years old to enter into 
and attempt to purchase or make a purchase of alcohol from a retail establishment; 
(ii)
Section 
76-10-114
76-9-1116
 by requesting an individual under 21 years old to 
enter into and attempt to purchase or make a purchase from a retail establishment 
of:
(A)
a tobacco product;
(B)
an electronic cigarette product; or
(C)
a nicotine product; or
(iii)
Subsection 
4-41-105
(2)(d) by requesting an individual under 21 years old to 
enter into and attempt to purchase or make a purchase of a cannabinoid product 
that contains THC or a THC analog from a retail establishment.
(b)
A peace officer who is present at the site of a proposed purchase shall direct, 
supervise, and monitor the individual requested to make the purchase.
(c)
Immediately following a purchase or attempted purchase or as soon as practical the 
supervising peace officer shall inform the cashier and the proprietor or manager of 
the retail establishment that the attempted purchaser was under the legal age to 
purchase:
(i)
alcohol; 
(ii)
(A)
a tobacco product;
(B)
an electronic cigarette product; or
(C)
a nicotine product; or
(iii)
a cannabinoid product that contains THC or a THC analog.
(d)
If a citation or information is issued, the citation or information shall be issued 
within seven days after the day on which the purchase occurs.
(3)
(a)
If an individual under 18 years old is requested to attempt a purchase, a written 
consent of that individual's parent or guardian shall be obtained before the individual 
participates in any attempted purchase.
(b)
An individual requested by the peace officer to attempt a purchase may:
(i)
be a trained volunteer; or
(ii)
receive payment, but may not be paid based on the number of successful 
purchases of alcohol, tobacco products, electronic cigarette products, nicotine 
products, or cannabinoid products that contain THC or a THC analog.
(4)
The individual requested by the peace officer to attempt a purchase and anyone 
accompanying the individual attempting a purchase may use false identification in 
attempting the purchase if:
(a)
the Department of Public Safety created in Section 
53-1-103
 provides the false 
identification;
(b)
the false identification:
(i)
accurately represents the individual's age; and
(ii)
displays a current photo of the individual; and
(c)
the peace officer maintains possession of the false identification at all times outside 
the attempt to purchase.
(5)
An individual requested to attempt to purchase or make a purchase pursuant to this 
section is immune from prosecution, suit, or civil liability for the purchase of, attempted 
purchase of, or possession of alcohol, a tobacco product, an electronic cigarette product, 
a nicotine product, or a cannabinoid product that contains THC or a THC analog if a 
peace officer directs, supervises, and monitors the individual.
(6)
(a)
Except as provided in Subsection (6)(b), a purchase attempted under this section 
shall be conducted within a 12-month period:
(i)
on a random basis at any one retail establishment location, not more often than 
four times for the attempted purchase of alcohol; 
(ii)
a minimum of two times at a retail establishment that sells tobacco products, 
electronic cigarette products, or nicotine products for the attempted purchase of a 
tobacco product, an electronic cigarette product, or a nicotine product; and
(iii)
a minimum of one time at a retail establishment that sells a cannabinoid product 
that contains THC or a THC analog.
(b)
This section does not prohibit an investigation or an attempt to purchase alcohol, a 
tobacco product, an electronic cigarette product, or a nicotine product under this 
section if:
(i)
there is reasonable suspicion to believe the retail establishment has sold alcohol, a 
tobacco product, an electronic cigarette product, a nicotine product, or a 
cannabinoid product that contains THC or a THC analog to an individual under 
the age established by Section 
32B-4-403
, Section
76-10-114
76-9-1116
, or 
Subsection 
4-41-105
(2)(d); and
(ii)
the supervising peace officer makes a written record of the grounds for the 
reasonable suspicion.
(7)
(a)
The peace officer exercising direction, supervision, and monitoring of the 
attempted purchase shall make a report of the attempted purchase, whether or not a 
purchase was made.
(b)
The report required by this Subsection (7) shall include:
(i)
the name of the supervising peace officer;
(ii)
the name of the individual attempting the purchase;
(iii)
a photograph of the individual attempting the purchase showing how that 
individual appeared at the time of the attempted purchase;
(iv)
the name and description of the cashier or proprietor from whom the individual 
attempted the purchase;
(v)
the name and address of the retail establishment; and
(vi)
the date and time of the attempted purchase.
Section 495, Section 
77-40a-101
 is amended to read:
77-40a-101
. Definitions.
As used in this chapter:
(1)
"Agency" means a state, county, or local government entity that generates or maintains 
records relating to an investigation, arrest, detention, or conviction for an offense for 
which expungement may be ordered.
(2)
"Automatic expungement" means the expungement of records of an investigation, 
arrest, detention, or conviction of an offense without the filing of a petition.
(3)
"Bureau" means the Bureau of Criminal Identification of the Department of Public 
Safety established in Section 
53-10-201
.
(4)
"Certificate of eligibility" means a document issued by the bureau stating that the 
criminal record and all records of arrest, investigation, and detention associated with a 
case that is the subject of a petition for expungement is eligible for expungement.
(5)
"Civil accounts receivable" means the same as that term is defined in Section 
77-32b-102
.
(6)
"Civil judgment of restitution" means the same as that term is defined in Section 
77-32b-102
.
(7)
"Clean slate eligible case" means a case that is eligible for automatic expungement 
under Section 
77-40a-205
.
(8)
"Conviction" means judgment by a criminal court on a verdict or finding of guilty after 
trial, a plea of guilty, or a plea of nolo contendere.
(9)
"Court" means a district court or a justice court.
(10)
"Criminal accounts receivable" means the same as that term is defined in Section 
77-32b-102
.
(11)
"Criminal protective order" means the same as that term is defined in Section 
78B-7-102
.
(12)
"Criminal stalking injunction" means the same as that term is defined in Section 
78B-7-102
.
(13)
"Department" means the Department of Public Safety established in Section 
53-1-103
.
(14)
"Drug possession offense" means:
(a)
an offense described in Subsection 
58-37-8
(2), except for:
(i)
an offense under Subsection 
58-37-8
(2)(b)(i), possession of 100 pounds or more 
of marijuana;
(ii)
an offense enhanced under Subsection 
58-37-8
(2)(e), violation in a correctional 
facility; or
(iii)
an offense for driving with a controlled substance illegally in the person's body 
and negligently causing serious bodily injury or death of another, as codified 
before May 4, 2022, Laws of Utah 2021, Chapter 236, Section 1, Subsection 
58-37-8
(2)(g);
(b)
an offense described in Subsection 
58-37a-5
(1), use or possession of drug 
paraphernalia;
(c)
an offense described in Section 
58-37b-6
, possession or use of an imitation 
controlled substance; or
(d)
any local ordinance which is substantially similar to any of the offenses described in 
this Subsection (14).
(15)
(a)
"Expunge" means to remove a record from public inspection by:
(i)
sealing the record; or
(ii)
restricting or denying access to the record.
(b)
"Expunge" does not include the destruction of a record.
(16)
"Indigent" means a financial status that results from a court finding that a petitioner is 
financially unable to pay the fee to file a petition for expungement under Section 
78A-2-302
.
(17)
"Jurisdiction" means a state, district, province, political subdivision, territory, or 
possession of the United States or any foreign country.
(18)
(a)
"Minor regulatory offense" means, except as provided in Subsection (18)(c), a 
class B or C misdemeanor offense or a local ordinance.
(b)
"Minor regulatory offense" includes an offense under Section 
76-9-701
76-9-110
 or 
76-10-105
76-9-1106
.
(c)
"Minor regulatory offense" does not include:
(i)
any drug possession offense;
(ii)
an offense under Title 41, Chapter 6a, Part 5, Driving Under the Influence and 
Reckless Driving;
(iii)
an offense under Sections 
73-18-13
 through 
73-18-13.6
;
(iv)
except as provided in Subsection (18)(b), an offense under Title 76, Utah 
Criminal Code; or
(v)
any local ordinance that is substantially similar to an offense listed in Subsections 
(18)(c)(i) through (iv).
(19)
"Petitioner" means an individual applying for expungement under this chapter.
(20)
"Plea in abeyance" means the same as that term is defined in Section 
77-2a-1
.
(21)
"Record" means a book, letter, document, paper, map, plan, photograph, film, card, 
tape, recording, electronic data, or other documentary material, regardless of physical 
form or characteristics, that:
(a)
is contained in the agency's file regarding the arrest, detention, investigation, 
conviction, sentence, incarceration, probation, or parole of an individual; and
(b)
is prepared, owned, received, or retained by an agency, including a court.
(22)
"Special certificate" means a document issued as described in Subsection 
77-40a-304(1)(c)
 by the bureau stating that the criminal record and all records of arrest, 
investigation, and detention associated with the case that is the subject of a petition for 
expungement is eligible for expungment.
(23)
(a)
"Traffic offense" means, except as provided in Subsection (23)(b):
(i)
an infraction, a class B misdemeanor offense, or a class C misdemeanor offense 
under Title 41, Chapter 6a, Traffic Code;
(ii)
an infraction, a class B misdemeanor offense, or a class C misdemeanor offense 
under Title 53, Chapter 3, Part 2, Driver Licensing Act;
(iii)
an infraction, a class B misdemeanor offense, or a class C misdemeanor offense 
under Title 73, Chapter 18, State Boating Act; and
(iv)
all local ordinances that are substantially similar to an offense listed in 
Subsections (23)(a)(i) through (iii).
(b)
"Traffic offense" does not mean:
(i)
an offense under Title 41, Chapter 6a, Part 5, Driving Under the Influence and 
Reckless Driving;
(ii)
an offense under Sections 
73-18-13
 through 
73-18-13.6
; or
(iii)
any local ordinance that is substantially similar to an offense listed in Subsection 
(23)(b)(i) or (ii).
(24)
"Traffic offense case" means that each offense in the case is a traffic offense.
Section 496, Section 
77-40a-205
 is amended to read:
77-40a-205
. Automatic expungement of state records for a clean slate case.
(1)
A court shall issue an order of expungement, without the filing of a petition, for all 
records of the case that are held by the court and the bureau if:
(a)
on and after October 1, 2024, but before January 1, 2026, the individual submitted a 
form requesting expungement of a case as described in Section 
77-40a-204
;
(b)
the case is eligible for expungement under this section; and
(c)
the prosecuting agency does not object to the expungement of the case as described 
in Subsection (6).
(2)
Except as otherwise provided in Subsection (3), a case is eligible for expungement 
under this section if:
(a)
(i)
each conviction within the case is a conviction for:
(A)
a misdemeanor offense for possession of a controlled substance in violation of 
Subsection 
58-37-8
(2)(a)(i);
(B)
a class B misdemeanor offense;
(C)
a class C misdemeanor offense; or
(D)
an infraction; and
(ii)
the following time periods have passed after the day on which the individual is 
adjudicated:
(A)
at least five years for the conviction of a class C misdemeanor offense or an 
infraction;
(B)
at least six years for the conviction of a class B misdemeanor offense; or
(C)
at least seven years for the conviction of a class A misdemeanor offense for 
possession of a controlled substance in violation of Subsection 
58-37-8
(2)(a)(i); 
or
(b)
(i)
the case is dismissed as a result of a successful completion of a plea in 
abeyance agreement governed by Subsection 
77-2a-3
(2)(b) or the case is 
dismissed without prejudice;
(ii)
each charge within the case is:
(A)
a misdemeanor offense for possession of a controlled substance in violation of 
Subsection 
58-37-8
(2)(a)(i);
(B)
a class B misdemeanor offense;
(C)
a class C misdemeanor offense; or
(D)
an infraction; and
(iii)
the following time periods have passed after the day on which the case is 
dismissed:
(A)
at least five years for a charge in the case for a class C misdemeanor offense 
or an infraction;
(B)
at least six years for a charge in the case for a class B misdemeanor offense; or
(C)
at least seven years for a charge in the case for a class A misdemeanor offense 
for possession of a controlled substance in violation of Subsection 
58-37-8
(2)(a)(i).
(3)
A case is not eligible for expungement under this section if:
(a)
the individual has a total number of convictions in courts of this state that exceed the 
limits under Subsection 
77-40a-303
(4) or (5) without taking into consideration:
(i)
the exception in Subsection 
77-40a-303
(7); or
(ii)
any infraction, traffic offense, or minor regulatory offense;
(b)
there is a criminal proceeding for a misdemeanor or felony offense pending in a 
court of this state against the individual, unless the proceeding is for a traffic offense;
(c)
for an individual seeking an automatic expungement on and after January 1, 2025, 
the individual is incarcerated in the state prison or on probation or parole that is 
supervised by the Department of Corrections;
(d)
the case resulted in the individual being found not guilty by reason of insanity;
(e)
the case establishes a criminal accounts receivable that:
(i)
has been entered as a civil accounts receivable or a civil judgment of restitution 
and transferred to the Office of State Debt Collection under Section 
77-18-114
; or
(ii)
has not been satisfied according to court records; or
(f)
the case resulted in a plea held in abeyance or a conviction for the following offenses:
(i)
any of the offenses listed in Subsection 
77-40a-303
(2)(a);
(ii)
an offense against the person in violation of Title 76, Chapter 5, Offenses Against 
the Individual;
(iii)
a weapons offense in violation of 
Title 76, Chapter 10, Part 5, Weapons
Title 
76, Chapter 11, Weapons
;
(iv)
sexual battery in violation of Section 
76-9-702.1
76-5-418
;
(v)
an act of lewdness in violation of Section 
76-9-702
76-5-419
 or 
76-9-702.5
76-5-420
;
(vi)
an offense in violation of Title 41, Chapter 6a, Part 5, Driving Under the 
Influence and Reckless Driving;
(vii)
damage to or interruption of a communication device in violation of Section 
76-6-108
;
(viii)
a domestic violence offense as defined in Section 
77-36-1
; or
(ix)
any other offense classified in the Utah Code as a felony or a class A 
misdemeanor other than a class A misdemeanor conviction for possession of a 
controlled substance in violation of Subsection 
58-37-8
(2)(a)(i).
(4)
A prosecuting agency that has complied with Rule 42 of the Utah Rules of Criminal 
Procedure shall receive notice on a monthly basis for any case prosecuted by that agency 
that appears to be eligible for automatic expungement under this section.
(5)
Within 35 days after the day on which the notice described in Subsection (4) is sent, the 
prosecuting agency shall provide written notice in accordance with Rule 42 of the Utah 
Rules of Criminal Procedure if the prosecuting agency objects to an automatic 
expungement for any of the following reasons:
(a)
the prosecuting agency believes that the case is not eligible for expungement under 
this section after reviewing the agency record;
(b)
the individual has not paid restitution to the victim as ordered by the court; or
(c)
the prosecuting agency has a reasonable belief, grounded in supporting facts, that an 
individual involved in the case is continuing to engage in criminal activity within or 
outside of the state.
(6)
If a prosecuting agency provides written notice of an objection for a reason described in 
Subsection (5) within 35 days after the day on which the notice under Subsection (4) is 
sent, the court may not proceed with automatic expungement of the case.
(7)
If 35 days pass after the day on which the notice described in Subsection (4) is sent 
without the prosecuting agency providing written notice of an objection under 
Subsection (5), the court shall proceed with automatic expungement of the case.
(8)
If a court issues an order of expungement under Subsection (1), the court shall:
(a)
expunge all records of the case held by the court in accordance with Section 
77-40a-401
; and
(b)
notify the bureau and the prosecuting agency identified in the case, based on 
information available to the court, of the order of expungement.
Section 497, Section 
77-40a-403
 is amended to read:
77-40a-403
. Release and use of expunged records -- Agencies.
(1)
(a)
An agency with an expunged record, or any employee of an agency with an 
expunged record, may not knowingly or intentionally divulge any information 
contained in the expunged record to any person, or another agency, without a court 
order unless:
(i)
specifically authorized by Subsection (4) or Section 
77-40a-404
; or
(ii)
subject to Subsection (1)(b), the information in an expunged record is being 
shared with another agency through a records management system that both 
agencies use for the purpose of record management.
(b)
An agency with a records management system may not disclose any information in 
an expunged record to another agency or person, or allow another agency or person 
access to an expunged record, if that agency or person does not use the records 
management system for the purpose of record management.
(2)
The following entities or agencies may receive information contained in expunged 
records upon specific request:
(a)
the Board of Pardons and Parole;
(b)
Peace Officer Standards and Training;
(c)
federal authorities if required by federal law;
(d)
the State Board of Education;
(e)
the Commission on Criminal and Juvenile Justice, for purposes of investigating 
applicants for judicial office; and
(f)
a research institution or an agency engaged in research regarding the criminal justice 
system if:
(i)
the research institution or agency provides a legitimate research purpose for 
gathering information from the expunged records;
(ii)
the research institution or agency enters into a data sharing agreement with the 
court or agency with custody of the expunged records that protects the 
confidentiality of any identifying information in the expunged records;
(iii)
any research using expunged records does not include any individual's name or 
identifying information in any product of that research; and
(iv)
any product resulting from research using expunged records includes a disclosure 
that expunged records were used for research purposes.
(3)
Except as otherwise provided by this section or by court order, a person, an agency, or 
an entity authorized by this section to view expunged records may not reveal or release 
any information obtained from the expunged records to anyone outside the specific 
request, including distribution on a public website.
(4)
A prosecuting attorney may communicate with another prosecuting attorney, or another 
prosecutorial agency, regarding information in an expunged record that includes a 
conviction, or a charge dismissed as a result of a successful completion of a plea in 
abeyance agreement, for:
(a)
stalking as described in Section 
76-5-106.5
;
(b)
a domestic violence offense as defined in Section 
77-36-1
;
(c)
an offense that would require the individual to register as a sex offender, kidnap 
offender, or child abuse offender as defined in Section 
77-41-102
; or
(d)
a weapons offense under 
Title 76, Chapter 10, Part 5, Weapons
Title 76, Chapter 
11, Weapons
.
(5)
Except as provided in Subsection (7), a prosecuting attorney may not use an expunged 
record for the purpose of a sentencing enhancement or as a basis for charging an 
individual with an offense that requires a prior conviction.
(6)
The bureau may also use the information in the bureau's index as provided in Section 
53-5-704
.
(7)
If an individual is charged with a felony, or an offense eligible for enhancement based 
on a prior conviction, after obtaining an order of expungement, the prosecuting attorney 
may petition the court in which the individual is charged to open the expunged records 
upon a showing of good cause.
(8)
(a)
For judicial sentencing, a court may order any records expunged under this 
chapter or Section 
77-27-5.1
 to be opened and admitted into evidence.
(b)
The records are confidential and are available for inspection only by the court, 
parties, counsel for the parties, and any other person who is authorized by the court to 
inspect them.
(c)
At the end of the action or proceeding, the court shall order the records expunged 
again.
(d)
Any person authorized by this Subsection (8) to view expunged records may not 
reveal or release any information obtained from the expunged records to anyone 
outside the court.
(9)
Records released under this chapter are classified as protected under Section 
63G-2-305
and are accessible only as provided under Title 63G, Chapter 2, Part 2, Access to 
Records, and Subsection 
53-10-108
(2)(k) for records held by the bureau.
Section 498, Section 
77-41-102
 is amended to read:
77-41-102
. Definitions.
As used in this chapter:
(1)
"Child abuse offender" means an individual:
(a)
who has been convicted in this state of a violation of:
(i)
aggravated child abuse under Subsection 
76-5-109.2
(3)(a) or (b); or
(ii)
attempting, soliciting, or conspiring to commit aggravated child abuse under 
Subsection 
76-5-109.2
(3)(a) or (b);
(b)
(i)
who has been convicted of a crime, or an attempt, solicitation, or conspiracy to 
commit a crime in another jurisdiction, including a state, federal, or military court, 
that is substantially equivalent to the offense listed in Subsection (1)(a); and
(ii)
(A)
who is a Utah resident; or
(B)
who is not a Utah resident but is in this state for a total of 10 days in a 
12-month period, regardless of whether the offender intends to permanently 
reside in this state;
(c)
(i)
(A)
who is required to register as a child abuse offender in another 
jurisdiction of original conviction;
(B)
who is required to register as a child abuse offender by a state, a federal, or a 
military court; or
(C)
who would be required to register as a child abuse offender if residing in the 
jurisdiction of the conviction regardless of the date of the conviction or a 
previous registration requirement; and
(ii)
who is in this state for a total of 10 days in a 12-month period, regardless of 
whether the offender intends to permanently reside in this state;
(d)
(i)
(A)
who is a nonresident regularly employed or working in this state; or
(B)
who is a student in this state; and
(ii)
(A)
who was convicted of the offense listed in Subsection (1)(a) or a 
substantially equivalent offense in another jurisdiction; or
(B)
who is required to register in the individual's state of residence based on a 
conviction for an offense that is not substantially equivalent to an offense listed 
in Subsection (1)(a);
(e)
who is found not guilty by reason of insanity in this state or in another jurisdiction of 
the offense listed in Subsection (1)(a); or
(f)
(i)
who is adjudicated under Section 
80-6-701
 for the offense listed in Subsection 
(1)(a); and
(ii)
who has been committed to the division for secure care, as defined in Section 
80-1-102
, for that offense if:
(A)
the individual remains in the division's custody until 30 days before the 
individual's 21st birthday;
(B)
the juvenile court extended the juvenile court's jurisdiction over the individual 
under Section 
80-6-605
 and the individual remains in the division's custody 
until 30 days before the individual's 25th birthday; or
(C)
the individual is moved from the division's custody to the custody of the 
department before expiration of the division's jurisdiction over the individual.
(2)
"Bureau" means the Bureau of Criminal Identification of the Department of Public 
Safety established in section 
53-10-201
.
(3)
"Business day" means a day on which state offices are open for regular business.
(4)
"Certificate of eligibility" means a document issued by the Bureau of Criminal 
Identification showing that the offender has met the requirements of Section 
77-41-112
.
(5)
(a)
"Convicted" means a plea or conviction of:
(i)
guilty;
(ii)
guilty with a mental illness; or
(iii)
no contest.
(b)
"Convicted" includes, unless otherwise specified, the period a plea is held in 
abeyance pursuant to a plea in abeyance agreement as defined in Section 
77-2a-1
.
(c)
"Convicted" does not include:
(i)
a withdrawn or dismissed plea in abeyance;
(ii)
a diversion agreement; or
(iii)
an adjudication of a minor for an offense under Section 
80-6-701
.
(6)
"Department" means the Department of Public Safety.
(7)
"Division" means the Division of Juvenile Justice and Youth Services.
(8)
"Employed" or "carries on a vocation" includes employment that is full time or part 
time, whether financially compensated, volunteered, or for the purpose of government or 
educational benefit.
(9)
"Indian Country" means:
(a)
all land within the limits of any Indian reservation under the jurisdiction of the 
United States government, regardless of the issuance of any patent, and includes 
rights-of-way running through the reservation;
(b)
all dependent Indian communities within the borders of the United States whether 
within the original or subsequently acquired territory, and whether or not within the 
limits of a state; and
(c)
all Indian allotments, including the Indian allotments to which the Indian titles have 
not been extinguished, including rights-of-way running through the allotments.
(10)
"Jurisdiction" means any state, Indian Country, United States Territory, or property 
under the jurisdiction of the United States military, Canada, the United Kingdom, 
Australia, or New Zealand.
(11)
"Kidnap offender" means an individual, other than a natural parent of the victim:
(a)
who has been convicted in this state of a violation of:
(i)
kidnapping under Subsection 
76-5-301
(2)(c) or (d);
(ii)
child kidnapping under Section 
76-5-301.1
;
(iii)
aggravated kidnapping under Section 
76-5-302
;
(iv)
human trafficking for labor under Section 
76-5-308
;
(v)
human smuggling under Section 
76-5-308.3
;
(vi)
human trafficking of a child for labor under Subsection 
76-5-308.5
(4)(a);
(vii)
aggravated human trafficking under Section 
76-5-310
;
(viii)
aggravated human smuggling under Section 
76-5-310.1
;
(ix)
human trafficking of a vulnerable adult for labor under Section 
76-5-311
; or
(x)
attempting, soliciting, or conspiring to commit a felony offense listed in 
Subsections (11)(a)(i) through (ix);
(b)
(i)
who has been convicted of a crime, or an attempt, solicitation, or conspiracy to 
commit a crime in another jurisdiction, including a state, federal, or military court, 
that is substantially equivalent to the offenses listed in Subsection (11)(a); and
(ii)
(A)
who isa Utah resident; or
(B)
who is not a Utah resident but is in this state for a total of 10 days in a 
12-month period, regardless of whether the offender intends to permanently 
reside in this state;
(c)
(i)
(A)
who is required to register as a kidnap offender in another jurisdiction of 
original conviction;
(B)
who is required to register as a kidnap offender by a state, federal, or military 
court; or
(C)
who would be required to register as a kidnap offender if residing in the 
jurisdiction of the conviction regardless of the date of the conviction or a 
previous registration requirement; and
(ii)
who is in this state for a total of 10 days in a 12-month period, regardless of 
whether the offender intends to permanently reside in this state;
(d)
(i)
(A)
who is a nonresident regularly employed or working in this state; or
(B)
who is a student in this state; and
(ii)
(A)
who was convicted of one or more offenses listed in Subsection (11)(a) or 
any substantially equivalent offense in another jurisdiction; or
(B)
who is required to register in the individual's state of residence based on a 
conviction for an offense that is not substantially equivalent to an offense listed 
in Subsection (11)(a);
(e)
who is found not guilty by reason of insanity in this state or in any other jurisdiction 
of one or more offenses listed in Subsection (11)(a); or
(f)
(i)
who is adjudicated under Section 
80-6-701
 for one or more offenses listed in 
Subsection (11)(a); and
(ii)
who has been committed to the division for secure care, as defined in Section 
80-1-102
, for that offense if:
(A)
the individual remains in the division's custody until 30 days before the 
individual's 21st birthday;
(B)
the juvenile court extended the juvenile court's jurisdiction over the individual 
under Section 
80-6-605
 and the individual remains in the division's custody 
until 30 days before the individual's 25th birthday; or
(C)
the individual is moved from the division's custody to the custody of the 
department before expiration of the division's jurisdiction over the individual.
(12)
"Natural parent" means a minor's biological or adoptive parent, including the minor's 
noncustodial parent.
(13)
"Offender" means a child abuse offender, kidnap offender, or sex offender.
(14)
"Online identifier" or "Internet identifier":
(a)
means any electronic mail, chat, instant messenger, social networking, or similar 
name used for Internet communication; and
(b)
does not include date of birth, social security number, PIN number, or Internet 
passwords.
(15)
"Primary residence" means the location where the offender regularly resides, even if 
the offender intends to move to another location or return to another location at a future 
date.
(16)
"Register" means to comply with the requirements of this chapter and administrative 
rules of the department made under this chapter.
(17)
"Registration website" means the Sex, Kidnap, and Child Abuse Offender Notification 
and Registration website described in Section 
77-41-110
 and the information on the 
website.
(18)
"Secondary residence" means real property that the offender owns or has a financial 
interest in, or a location where the offender stays overnight a total of 10 or more nights 
in a 12-month period when not staying at the offender's primary residence.
(19)
"Sex offender" means an individual:
(a)
convicted in this state of:
(i)
a felony or class A misdemeanor violation of enticing a minor under Section 
76-4-401
76-5-417
;
(ii)
sexual exploitation of a vulnerable adult under Section 
76-5b-202
;
(iii)
human trafficking for sexual exploitation under Section 
76-5-308.1
;
(iv)
human trafficking of a child for sexual exploitation under Subsection 
76-5-308.5
(4)(b);
(v)
aggravated human trafficking for sexual exploitation under Section 
76-5-310
;
(vi)
human trafficking of a vulnerable adult for sexual exploitation under Section 
76-5-311
;
(vii)
unlawful sexual activity with a minor under Section 
76-5-401
, except as 
provided in Subsection 
76-5-401
(3)(b) or (c);
(viii)
sexual abuse of a minor under Section 
76-5-401.1
, except as provided in 
Subsection 
76-5-401.1
(3);
(ix)
unlawful sexual conduct with a 16 or 17 year old under Section 
76-5-401.2
;
(x)
rape under Section 
76-5-402
;
(xi)
rape of a child under Section 
76-5-402.1
;
(xii)
object rape under Section 
76-5-402.2
;
(xiii)
object rape of a child under Section 
76-5-402.3
;
(xiv)
a felony violation of forcible sodomy under Section 
76-5-403
;
(xv)
sodomy on a child under Section 
76-5-403.1
;
(xvi)
forcible sexual abuse under Section 
76-5-404
;
(xvii)
sexual abuse of a child under Section 
76-5-404.1
;
(xviii)
aggravated sexual abuse of a child under Section 
76-5-404.3
;
(xix)
aggravated sexual assault under Section 
76-5-405
;
(xx)
custodial sexual relations under Section 
76-5-412
, when the individual in 
custody is younger than 18 years old, if the offense is committed on or after May 
10, 2011;
(xxi)
sexual exploitation of a minor under Section 
76-5b-201
;
(xxii)
aggravated sexual exploitation of a minor under Section 
76-5b-201.1
;
(xxiii)
sexual extortion or aggravated sexual extortion under Section 
76-5b-204
;
(xxiv)
incest under Section 
76-7-102
;
(xxv)
lewdness under Section 
76-9-702
76-5-419
, if the individual has been 
convicted of the offense four or more times;
(xxvi)
sexual battery under Section 
76-9-702.1
76-5-418
, if the individual has been 
convicted of the offense four or more times;
(xxvii)
any combination of convictions of lewdness under Section 
76-9-702
76-5-419
, and of sexual battery under Section 
76-9-702.1
76-5-418
, that total 
four or more convictions;
(xxviii)
lewdness involving a child under Section 
76-9-702.5
76-5-420
;
(xxix)
a felony or class A misdemeanor violation of
:
(A)
voyeurism under Section 
76-9-702.7
76-12-306
;
(B)
recorded or photographed voyeurism under Section 
76-12-307
; or
(C)
distribution of images obtained through voyeurism under Section 
76-12-308
;
(xxx)
aggravated exploitation of prostitution under Section 
76-10-1306
76-5d-208
; 
or
(xxxi)
attempting, soliciting, or conspiring to commit a felony offense listed in this 
Subsection (19)(a);
(b)
(i)
who has been convicted of a crime, or an attempt, solicitation, or conspiracy to 
commit a crime in another jurisdiction, including a state, federal, or military court, 
that is substantially equivalent to the offenses listed in Subsection (19)(a); and
(ii)
(A)
who isa Utah resident; or
(B)
who is not a Utah resident but is in this state for a total of 10 days in a 
12-month period, regardless of whether the offender intends to permanently 
reside in this state;
(c)
(i)
(A)
who is required to register as a sex offender in another jurisdiction of 
original conviction;
(B)
who is required to register as a sex offender by a state, federal, or military 
court; or
(C)
who would be required to register as a sex offender if residing in the 
jurisdiction of the original conviction regardless of the date of the conviction or 
a previous registration requirement; and
(ii)
who is in this state for a total of 10 days in a 12-month period, regardless of 
whether the offender intends to permanently reside in this state;
(d)
(i)
(A)
who is a nonresident regularly employed or working in this state; or
(B)
who is a student in this state; and
(ii)
(A)
who was convicted of one or more offenses listed in Subsection (19)(a) or 
a substantially equivalent offense in another jurisdiction; or
(B)
who is required to register in the individual's jurisdiction of residence based 
on a conviction for an offense that is not substantially equivalent to an offense 
listed in Subsection (19)(a);
(e)
who is found not guilty by reason of insanity in this state, or in another jurisdiction of 
one or more offenses listed in Subsection (19)(a); or
(f)
(i)
who is adjudicated under Section 
80-6-701
 for one or more offenses listed in 
Subsection (19)(a); and
(ii)
who has been committed to the division for secure care, as defined in Section 
80-1-102
, for that offense if:
(A)
the individual remains in the division's custody until 30 days before the 
individual's 21st birthday;
(B)
the juvenile court extended the juvenile court's jurisdiction over the individual 
under Section 
80-6-605
 and the individual remains in the division's custody 
until 30 days before the individual's 25th birthday; or
(C)
the individual is moved from the division's custody to the custody of the 
department before expiration of the division's jurisdiction over the individual.
(20)
"Traffic offense" does not include a violation of Title 41, Chapter 6a, Part 5, Driving 
Under the Influence and Reckless Driving.
(21)
"Vehicle" means a motor vehicle, an aircraft, or a watercraft subject to registration in 
any jurisdiction.
Section 499, Section 
77-41-106
 is amended to read:
77-41-106
. Offenses requiring lifetime registration.
Offenses referred to in Subsection 
77-41-105
(3)(c)(i) requiring lifetime registration are:
(1)
an offense listed in Subsection 
77-41-102
(1), (11), or (19) if, at the time of the 
conviction for the offense, the offender has previously been convicted of an offense 
listed in Subsection 
77-41-102
(1), (11), or (19) or has previously been required to 
register as a sex offender, kidnap offender, or child abuse offender for an offense 
committed as a juvenile;
(2)
a conviction for a following offense, including attempting, soliciting, or conspiring to 
commit a felony of:
(a)
child kidnapping under Section 
76-5-301.1
, except if the offender is a natural parent 
of the victim;
(b)
rape under Section 
76-5-402
;
(c)
rape of a child under Section 
76-5-402.1
;
(d)
object rape under Section 
76-5-402.2
;
(e)
object rape of a child under Section 
76-5-402.3
;
(f)
sodomy on a child under Section 
76-5-403.1
;
(g)
aggravated sexual abuse of a child under Section 
76-5-404.3
; or
(h)
aggravated sexual assault under Section 
76-5-405
;
(3)
human trafficking for sexual exploitation under Section 
76-5-308.1
;
(4)
human trafficking of a child for sexual exploitation under Subsection 
76-5-308.5
(4)(b);
(5)
aggravated human trafficking for sexual exploitation under Section 
76-5-310
;
(6)
human trafficking of a vulnerable adult for sexual exploitation under Section 
76-5-311
;
(7)
aggravated kidnapping under Section 
76-5-302
, except if the offender is a natural parent 
of the victim;
(8)
forcible sodomy under Section 
76-5-403
;
(9)
sexual abuse of a child under Section 
76-5-404.1
;
(10)
sexual exploitation of a minor under Section 
76-5b-201
;
(11)
aggravated sexual exploitation of a minor under Section 
76-5b-201.1
;
(12)
aggravated sexual extortion under Subsection 
76-5b-204
(2)(b); or
(13)
aggravated exploitation of prostitution under Section 
76-10-1306
76-5d-208
, on or 
after May 10, 2011; or
(14)
a felony violation of enticing a minor under Section 
76-4-401
76-5-417
 if the offender 
enticed the minor to engage in sexual activity that is one of the offenses described in 
Subsections (2) through (13).
Section 500, Section 
77-41-112
 is amended to read:
77-41-112
. Removal from registry -- Requirements -- Procedure.
(1)
An offender who is required to register with the Sex, Kidnap, and Child Abuse Offender 
Registry may petition the court for an order removing the offender from the Sex, 
Kidnap, and Child Abuse Offender Registry if:
(a)
(i)
the offender was convicted of an offense described in Subsection (2);
(ii)
at least five years have passed after the day on which the offender's sentence for 
the offense terminated;
(iii)
the offense is the only offense for which the offender was required to register;
(iv)
the offender has not been convicted of another offense, excluding a traffic 
offense, since the day on which the offender was convicted of the offense for 
which the offender is required to register, as evidenced by a certificate of 
eligibility issued by the bureau;
(v)
the offender successfully completed all treatment ordered by the court or the 
Board of Pardons and Parole relating to the offense; and
(vi)
the offender has paid all restitution ordered by the court or the Board of Pardons 
and Parole relating to the offense;
(b)
(i)
the offender is required to register in accordance with Subsection 
77-41-105
(3)(a);
(ii)
at least 10 years have passed after the later of:
(A)
the day on which the offender was placed on probation;
(B)
the day on which the offender was released from incarceration to parole;
(C)
the day on which the offender's sentence was terminated without parole;
(D)
the day on which the offender entered a community-based residential 
program; or
(E)
for a minor, as defined in Section 
80-1-102
, the day on which the division's 
custody of the offender was terminated;
(iii)
the offender has not been convicted of another offense that is a class A 
misdemeanor, felony, or capital felony within the most recent 10-year period after 
the date described in Subsection (1)(b)(ii), as evidenced by a certificate of 
eligibility issued by the bureau;
(iv)
the offender successfully completed all treatment ordered by the court or the 
Board of Pardons and Parole relating to the offense; and
(v)
the offender has paid all restitution ordered by the court or the Board of Pardons 
and Parole relating to the offense; or
(c)
(i)
the offender is required to register in accordance with Subsection 
77-41-105
(3)(c);
(ii)
at least 20 years have passed after the later of:
(A)
the day on which the offender was placed on probation;
(B)
the day on which the offender was released from incarceration to parole;
(C)
the day on which the offender's sentence was terminated without parole;
(D)
the day on which the offender entered a community-based residential 
program; or
(E)
for a minor, as defined in Section 
80-1-102
, the day on which the division's 
custody of the offender was terminated;
(iii)
the offender has not been convicted of another offense that is a class A 
misdemeanor, felony, or capital felony within the most recent 20-year period after 
the date described in Subsection (1)(c)(ii), as evidenced by a certificate of 
eligibility issued by the bureau;
(iv)
the offender completed all treatment ordered by the court or the Board of 
Pardons and Parole relating to the offense;
(v)
the offender has paid all restitution ordered by the court or the Board of Pardons 
and Parole relating to the offense; and
(vi)
the offender submits to an evidence-based risk assessment to the court, with the 
offender's petition, that:
(A)
meets the standards for the current risk assessment, score, and risk level 
required by the Board of Pardons and Parole for parole termination requests;
(B)
is completed within the six months before the date on which the petition is 
filed; and
(C)
describes the evidence-based risk assessment of the current level of risk to the 
safety of the public posed by the offender.
(2)
The offenses referred to in Subsection (1)(a)(i) are:
(a)
enticing a minor under Section 
76-4-401
76-5-417
, if the offense is a class A 
misdemeanor;
(b)
kidnapping under Section 
76-5-301
;
(c)
unlawful detention under Section 
76-5-304
, if the conviction of violating Section 
76-5-304
 is the only conviction for which the offender is required to register;
(d)
unlawful sexual activity with a minor under Section 
76-5-401
, if, at the time of the 
offense, the offender is not more than 10 years older than the victim;
(e)
sexual abuse of a minor under Section 
76-5-401.1
, if, at the time of the offense, the 
offender is not more than 10 years older than the victim;
(f)
unlawful sexual conduct with a 16 or 17 year old under Section 
76-5-401.2
, and at 
the time of the offense, the offender is not more than 15 years older than the victim;
(g)
voyeurism under Section 
76-9-702.7
76-12-306
 or recorded or photographed 
voyeurism under Section 
76-12-307
, if the offense is a class A misdemeanor; or
(h)
an offense for which an individual is required to register under Subsection 
77-41-102
(1)(c), (11)(c), or (19)(c), if the offense is not substantially equivalent to an offense 
described in Subsection 
77-41-102
(1)(a), (11)(a), or (19)(a).
(3)
(a)
(i)
An offender seeking removal from the Sex, Kidnap, and Child Abuse 
Offender Registry under this section shall apply for a certificate of eligibility from 
the bureau.
(ii)
An offender who intentionally or knowingly provides false or misleading 
information to the bureau when applying for a certificate of eligibility is guilty of 
a class B misdemeanor and subject to prosecution under Section 
76-8-504.6
.
(iii)
Regardless of whether the offender is prosecuted, the bureau may deny a 
certificate of eligibility to an offender who provides false information on an 
application.
(b)
(i)
The bureau shall:
(A)
perform a check of records of governmental agencies, including national 
criminal databases, to determine whether an offender is eligible to receive a 
certificate of eligibility; and
(B)
determine whether the offender meets the requirements described in 
Subsection (1)(a)(ii), (a)(v), (a)(vi), (b)(ii), (b)(iv), (b)(v), (c)(ii), (c)(iv), or 
(c)(v).
(ii)
If the offender meets the requirements described in Subsection (1)(a), (b), or (c), 
the bureau shall issue a certificate of eligibility to the offender, which is valid for a 
period of 90 days after the day on which the bureau issues the certificate.
(4)
(a)
(i)
The bureau shall charge application and issuance fees for a certificate of 
eligibility in accordance with the process in Section 
63J-1-504
.
(ii)
The application fee shall be paid at the time the offender submits an application 
for a certificate of eligibility to the bureau.
(iii)
If the bureau determines that the issuance of a certificate of eligibility is 
appropriate, the offender will be charged an additional fee for the issuance of a 
certificate of eligibility.
(b)
Funds generated under this Subsection (4) shall be deposited into the General Fund 
as a dedicated credit by the department to cover the costs incurred in determining 
eligibility.
(5)
(a)
The offender shall file the petition, including original information, the court 
docket, the certificate of eligibility from the bureau, and the document from the 
department described in Subsection (3)(b)(iv) with the court, and deliver a copy of 
the petition to the office of the prosecutor.
(b)
Upon receipt of a petition for removal from the Sex, Kidnap, and Child Abuse 
Offender Registry, the office of the prosecutor shall provide notice of the petition by 
first-class mail to the victim at the most recent address of record on file or, if the 
victim is still a minor under 18 years old, to the parent or guardian of the victim.
(c)
The notice described in Subsection (5)(b) shall include a copy of the petition, state 
that the victim has a right to object to the removal of the offender from the registry, 
and provide instructions for registering an objection with the court.
(d)
The office of the prosecutor shall provide the following, if available, to the court 
within 30 days after the day on which the office receives the petition:
(i)
presentencing report;
(ii)
an evaluation done as part of sentencing; and
(iii)
other information the office of the prosecutor determines the court should 
consider.
(e)
The victim, or the victim's parent or guardian if the victim is a minor under 18 years 
old, may respond to the petition by filing a recommendation or objection with the 
court within 45 days after the day on which the petition is mailed to the victim.
(6)
(a)
The court shall:
(i)
review the petition and all documents submitted with the petition; and
(ii)
hold a hearing if requested by the prosecutor or the victim.
(b)
(i)
Except as provided in Subsections (6)(b)(ii) and (iii), the court may grant the 
petition and order removal of the offender from the registry if the court determines 
that the offender has met the requirements described in Subsection (1)(a) or (b) 
and removal is not contrary to the interests of the public.
(ii)
When considering a petition filed under Subsection (1)(c), the court shall 
determine whether the offender has demonstrated, by clear and convincing 
evidence, that the offender is rehabilitated and does not pose a threat to the safety 
of the public.
(iii)
In making the determination described in Subsection (6)(b)(ii), the court may 
consider:
(A)
the nature and degree of violence involved in the offense that requires 
registration;
(B)
the age and number of victims of the offense that requires registration;
(C)
the age of the offender at the time of the offense that requires registration;
(D)
the offender's performance while on supervision for the offense that requires 
registration;
(E)
the offender's stability in employment and housing;
(F)
the offender's community and personal support system;
(G)
other criminal and relevant noncriminal behavior of the offender both before 
and after the offense that requires registration;
(H)
the level of risk posed by the offender as evidenced by the evidence-based risk 
assessment described in Subsection (1)(c)(vi); and
(I)
any other relevant factors.
(c)
In determining whether removal is contrary to the interests of the public, the court 
may not consider removal unless the offender has substantially complied with all 
registration requirements under this chapter at all times.
(d)
If the court grants the petition, the court shall forward a copy of the order directing 
removal of the offender from the registry to the department and the office of the 
prosecutor.
(e)
(i)
Except as provided in Subsection (6)(e)(ii), if the court denies the petition, the 
offender may not submit another petition for three years.
(ii)
If the offender files a petition under Subsection (1)(c) and the court denies the 
petition, the offender may not submit another petition for eight years.
(7)
The court shall notify the victim and the Sex, Kidnap, and Child Abuse Offender 
Registry office in the department of the court's decision within three days after the day 
on which the court issues the court's decision in the same manner described in 
Subsection (5).
(8)
Except as provided in Subsection (9), an offender required to register under Subsection 
77-41-105
(3)(b) may petition for early removal from the registry under Subsection (1)(b) 
if the offender:
(a)
meets the requirements of Subsections (1)(b)(ii) through (v);
(b)
has resided in this state for at least 183 days in a year for two consecutive years; and
(c)
intends to primarily reside in this state.
(9)
An offender required to register under Subsection 
77-41-105
(3)(b) for life may petition 
for early removal from the registry under Subsection (1)(c) if:
(a)
the offense requiring the offender to register is substantially equivalent to an offense 
listed in Section 
77-41-106
;
(b)
the offender meets the requirements of Subsections (1)(c)(ii) through (vi);
(c)
the offender has resided in this state for at least 183 days in a year for two 
consecutive years; and
(d)
the offender intends to primarily reside in this state.
Section 501, Section 
77-41-113
 is amended to read:
77-41-113
. Removal for offenses or convictions for which registration is no 
longer required.
(1)
The department shall automatically remove an individual who is currently on the Sex, 
Kidnap, and Child Abuse Offender Registry because of a conviction if:
(a)
the only offense or offenses for which the individual is on the registry are listed in 
Subsection (2); or
(b)
the department receives a formal notification or order from the court or the Board of 
Pardons and Parole that the conviction for the offense or offenses for which the 
individual is on the registry have been reversed, vacated, or pardoned.
(2)
The offenses described in Subsection (1)(a) are:
(a)
a class B or class C misdemeanor for enticing a minor under Section 
76-4-401
76-5-417
;
(b)
kidnapping under Subsection 
76-5-301
(2)(a) or (b);
(c)
child kidnapping under Section 
76-5-301.1
, if the offender was the natural parent of 
the child victim;
(d)
unlawful detention under Section 
76-5-304
;
(e)
a third degree felony for unlawful sexual intercourse before 1986, or a class B 
misdemeanor for unlawful sexual intercourse, under Section 
76-5-401
; or
(f)
sodomy, but not forcible sodomy, under Section 
76-5-403
.
(3)
(a)
The department shall notify an individual who has been removed from the registry 
in accordance with Subsection (1).
(b)
The notice described in Subsection (3)(a) shall include a statement that the individual 
is no longer required to register as a sex offender or kidnap offender.
(4)
An individual who is currently on the Sex, Kidnap, and Child Abuse Offender Registry 
may submit a request to the department to be removed from the registry if the individual 
believes that the individual qualifies for removal under this section.
(5)
The department, upon receipt of a request for removal from the registry shall:
(a)
check the registry for the individual's current status;
(b)
determine whether the individual qualifies for removal based upon this section; and
(c)
notify the individual in writing of the department's determination and whether the 
individual:
(i)
qualifies for removal from the registry; or
(ii)
does not qualify for removal.
(6)
If the department determines that the individual qualifies for removal from the registry, 
the department shall remove the offender from the registry.
(7)
If the department determines that the individual does not qualify for removal from the 
registry, the department shall provide an explanation in writing for the department's 
determination. The department's determination is final and not subject to administrative 
review.
(8)
Neither the department nor an employee of the department may be civilly liable for a 
determination made in good faith in accordance with this section.
(9)
(a)
The department shall provide a response to a request for removal within 30 days 
of receipt of the request.
(b)
If the response under Subsection (9)(a) cannot be provided within 30 days, the 
department shall notify the individual that the response may be delayed up to 30 
additional days.
Section 502, Section 
77-42-105
 is amended to read:
77-42-105
. Registerable offenses.
A person shall be required to register with the Office of the Attorney General for a 
conviction of any of the following offenses as a second degree felony:
(1)
Section 
61-1-1
 or Section 
61-1-2
, securities fraud;
(2)
Section 
76-6-405
, theft by deception;
(3)
Section 
76-6-513
, unlawful dealing of property by fiduciary;
(4)
Section 
76-6-521
, insurance fraud;
(5)
Section 
76-6-1203
, mortgage fraud;
(6)
Section 
76-10-1801
76-6-525
, communications fraud;
(7)
Section 
76-10-1903
76-9-1602
, money laundering;
(8)
Section 
76-9-1603
, accepting the proceeds of unlawful activity;
 and
(8)
(9)
Section 
76-10-1603
,
76-17-407
, prohibited conduct concerning a
 pattern of 
unlawful activity, if at least one of the unlawful activities used to establish the pattern of 
unlawful activity is an offense listed in Subsections 
(1)
 through 
(7)
.
Section 503, Section 
78A-2-203
 is amended to read:
78A-2-203
. Rules -- Right to make -- Limitation -- Security.
(1)
Every court of record may make rules, not inconsistent with law, for its own 
government and the government of its officers; but such rules must neither impose any 
tax or charge upon any legal proceeding nor give any allowance to any officer for 
service.
(2)
(a)
The judicial council may provide, through the rules of judicial administration, for 
security in or about a courthouse or courtroom, or establish a secure area as 
prescribed in Section 
76-8-311.1
.
(b)
(i)
If the council establishes a secure area under Subsection 
(2)(a)
, it shall provide 
a secure firearms storage area on site so that persons with lawfully carried 
firearms may store them while they are in the secure area.
(ii)
The entity operating the facility with the secure area shall be responsible for the 
firearms while they are stored in the storage area referred to in Subsection 
(2)(b)(i)
.
(iii)
The entity may not charge a fee to individuals for storage of their firearms under 
Subsection 
(2)(b)(i)
.
(3)
(a)
Unless authorized by the rules of judicial administration, any person who 
knowingly or intentionally possesses a firearm, ammunition, or dangerous weapon 
within a secure area established by the judicial council under this section is guilty of 
a third degree felony.
(b)
Any person is guilty of violating Section 
76-10-306
76-15-210
 who transports, 
possesses, distributes, or sells an explosive, chemical, or incendiary device, as 
defined by Section 
76-10-306
76-15-210
, within a secure area, established by the 
Judicial Council under this section.
Section 504, Section 
78A-5a-103
 is amended to read:
78A-5a-103
. Concurrent jurisdiction of the Business and Chancery Court -- 
Exceptions.
(1)
The Business and Chancery Court has jurisdiction, concurrent with the district court, 
over an action:
(a)
seeking monetary damages of at least $300,000 or seeking solely equitable relief; and
(b)
(i)
with a claim arising from:
(A)
a breach of a contract;
(B)
a breach of a fiduciary duty;
(C)
a dispute over the internal affairs or governance of a business organization;
(D)
the sale, merger, or dissolution of a business organization;
(E)
the sale of substantially all of the assets of a business organization;
(F)
the receivership or liquidation of a business organization;
(G)
a dispute over liability or indemnity between or among owners of the same 
business organization;
(H)
a dispute over liability or indemnity of an officer or owner of a business 
organization;
(I)
a tortious or unlawful act committed against a business organization, including 
an act of unfair competition, tortious interference, or misrepresentation or fraud;
(J)
a dispute between a business organization and an insurer regarding a 
commercial insurance policy;
(K)
a contract or transaction governed by Title 70A, Uniform Commercial Code;
(L)
the misappropriation of trade secrets under Title 13, Chapter 24, Uniform 
Trade Secrets Act;
(M)
the misappropriation of intellectual property;
(N)
a noncompete agreement, a nonsolicitation agreement, or a nondisclosure or 
confidentiality agreement, regardless of whether the agreement is oral or 
written;
(O)
a relationship between a franchisor and a franchisee;
(P)
the purchase or sale of a security or an allegation of security fraud;
(Q)
a dispute over a blockchain, blockchain technology, or a decentralized 
autonomous organization;
(R)
a violation of 
Title 76, Chapter 10, Part 31, Utah Antitrust Act
Title 76, 
Chapter 16, Part 5, Antitrust Offenses
; or
(S)
a contract with a forum selection clause for a chancery, business, or 
commercial court of this state or any other state;
(ii)
with a malpractice claim concerning services that a professional provided to a 
business organization; 
(iii)
that is a shareholder derivative action; or
(iv)
seeking a declaratory judgment as described in Title 78B, Chapter 6, Part 4, 
Declaratory Judgments.
(2)
Except as provided in Subsection (3), the Business and Chancery Court may exercise 
supplemental jurisdiction over any claim in an action that is within the jurisdiction of the 
Business and Chancery Court under Subsection (1) if the claim arises from the same set 
of facts or circumstances as the action.
(3)
The Business and Chancery Court may not exercise supplemental jurisdiction over:
(a)
any claim arising from:
(i)
a consumer contract;
(ii)
a personal injury, including a personal injury relating to or arising out of health 
care rendered or which should have been rendered by the health care provider;
(iii)
a violation of Title 13, Chapter 7, Civil Rights;
(iv)
Title 20A, Election Code;
(v)
Title 63G, Chapter 4, Administrative Procedures Act;
(vi)
Title 78B, Chapter 6, Part 1, Utah Adoption Act;
(vii)
Title 78B, Chapter 6, Part 5, Eminent Domain;
(viii)
Title 78B, Chapter 6, Part 8, Forcible Entry and Detainer, unless the claim is 
brought against a commercial tenant;
(ix)
Title 78B, Chapter 7, Protective Orders and Stalking Injunctions;
(x)
Title 78B, Chapter 13, Utah Uniform Child Custody Jurisdiction and Enforcement 
Act;
(xi)
Title 78B, Chapter 14, Utah Uniform Interstate Family Support Act;
(xii)
Title 78B, Chapter 15, Utah Uniform Parentage Act;
(xiii)
Title 78B, Chapter 16, Utah Uniform Child Abduction Prevention Act; 
(xiv)
Title 78B, Chapter 20, Uniform Deployed Parents Custody, Parent-time, and 
Visitation Act; 
(xv)
Title 81, Utah Domestic Relations Code; or
(b)
any action in which a governmental entity is a party; or
(c)
any criminal matter, unless the criminal matter is an act or omission of contempt that 
occurs in an action before the Business and Chancery Court.
(4)
Notwithstanding Subsection (3), the Business and Chancery Court may exercise 
supplemental jurisdiction over a claim that is barred under Subsection (3):
(a)
if the claim is a compulsory counterclaim;
(b)
if there would be a material risk of inconsistent outcomes if the claim were tried in a 
separate action; or
(c)
solely to resolve a request for a provisional remedy related to the claim before the 
Business and Chancery Court transfers the claim as described in Subsection (5).
(5)
If an action contains a claim for which the Business and Chancery Court may not 
exercise supplemental jurisdiction under this section, the Business and Chancery Court 
shall bifurcate the action and transfer any claim for which the Business and Chancery 
Court does not have jurisdiction to a court with jurisdiction under Title 78A, Judiciary 
and Judicial Administration.
(6)
Before the Business and Chancery Court transfers a claim as described in Subsection (5), 
the Business and Chancery Court may resolve:
(a)
all claims for which the Business and Chancery Court has jurisdiction; and
(b)
any request for a provisional remedy related to a claim that is being transferred.
Section 505, Section 
78B-4-511
 is amended to read:
78B-4-511
. Regulation of firearms reserved to state -- Lawsuits prohibited.
(1)
As prescribed by Section 
76-10-500
53-5a-102
, all authority to regulate firearms is 
reserved to the state through the Legislature.
(2)
A person who lawfully designs, manufactures, markets, advertises, transports, or sells 
firearms or ammunition to the public may not be sued by the state or any of its political 
subdivisions for the subsequent use, whether lawfully or unlawfully, of the firearm or 
ammunition, unless the suit is based on the breach of a contract or warranty for a firearm 
or ammunition purchased by the state or political subdivision.
Section 506, Section 
78B-5-505
 is amended to read:
78B-5-505
. Property exempt from execution.
(1)
(a)
An individual is entitled to exemption of the following property:
(i)
a burial plot for the individual and the individual's family;
(ii)
health aids reasonably necessary to enable the individual or a dependent to work 
or sustain health;
(iii)
benefits that the individual or the individual's dependent have received or are 
entitled to receive from any source because of:
(A)
disability;
(B)
illness; or
(C)
unemployment;
(iv)
benefits paid or payable for medical, surgical, or hospital care to the extent that 
the benefits are used by an individual or the individual's dependent to pay for that 
care;
(v)
veterans benefits;
(vi)
money or property received, and rights to receive money or property for child 
support;
(vii)
money or property received, and rights to receive money or property for alimony 
or separate maintenance, to the extent reasonably necessary for the support of the 
individual and the individual's dependents;
(viii)
(A)
one:
(I)
clothes washer and dryer;
(II)
refrigerator;
(III)
freezer;
(IV)
stove;
(V)
microwave oven; and
(VI)
sewing machine;
(B)
all carpets in use;
(C)
provisions sufficient for 12 months actually provided for individual or family 
use;
(D)
all wearing apparel of every individual and dependent, not including jewelry 
or furs; and
(E)
all beds and bedding for every individual or dependent;
(ix)
except for works of art held by the debtor as part of a trade or business, works of 
art:
(A)
depicting the debtor or the debtor and the debtor's resident family; or
(B)
produced by the debtor or the debtor and the debtor's resident family;
(x)
proceeds of insurance, a judgment, or a settlement, or other rights accruing as a 
result of bodily injury of the individual or of the wrongful death or bodily injury 
of another individual of whom the individual was or is a dependent to the extent 
that those proceeds are compensatory;
(xi)
the proceeds or benefits of any life insurance contracts or policies paid or 
payable to the debtor or any trust of which the debtor is a beneficiary upon the 
death of the spouse or children of the debtor, provided that the contract or policy 
has been owned by the debtor for a continuous unexpired period of one year;
(xii)
the proceeds or benefits of any life insurance contracts or policies paid or 
payable to the spouse or children of the debtor or any trust of which the spouse or 
children are beneficiaries upon the death of the debtor, provided that the contract 
or policy has been in existence for a continuous unexpired period of one year;
(xiii)
proceeds and avails of any unmatured life insurance contracts owned by the 
debtor or any revocable grantor trust created by the debtor, excluding any 
payments made on the contract during the one year immediately preceding a 
creditor's levy or execution;
(xiv)
except as provided in Subsection 
(1)(b)
, and except for a judgment described in 
Subsection 
75-7-503(2)(c)
, any money or other assets held for or payable to the 
individual as an owner, participant, or beneficiary from or an interest of the 
individual as an owner, participant, or beneficiary in a fund or account, including 
an inherited fund or account, in a retirement plan or arrangement that is described 
in Section 401(a), 401(h), 401(k), 403(a), 403(b), 408, 408A, 409, 414(d), 414(e), 
or 457, Internal Revenue Code, including an owner's, a participant's, or a 
beneficiary's interest that arises by inheritance, designation, appointment, or 
otherwise;
(xv)
the interest of or any money or other assets payable to an alternate payee under a 
qualified domestic relations order as those terms are defined in Section 414(p), 
Internal Revenue Code;
(xvi)
unpaid earnings of the household of the filing individual due as of the date of 
the filing of a bankruptcy petition in the amount of 1/24 of the Utah State annual 
median family income for the household size of the filing individual as 
determined by the Utah State Annual Median Family Income reported by the 
United States Census Bureau and as adjusted based upon the Consumer Price 
Index for All Urban Consumers for an individual whose unpaid earnings are paid 
more often than once a month or, if unpaid earnings are not paid more often than 
once a month, then in the amount of 1/12 of the Utah State annual median family 
income for the household size of the individual as determined by the Utah State 
Annual Median Family Income reported by the United States Census Bureau and 
as adjusted based upon the Consumer Price Index for All Urban Consumers;
(xvii)
except for curio or relic firearms, as defined in Section 
76-10-501
76-11-101
, 
any three of the following:
(A)
one handgun and ammunition for the handgun not exceeding 1,000 rounds;
(B)
one shotgun and ammunition for the shotgun not exceeding 1,000 rounds; and
(C)
one shoulder arm and ammunition for the shoulder arm not exceeding 1,000 
rounds; and
(xviii)
money, not exceeding $200,000, in the aggregate, that an individual deposits, 
more than 18 months before the day on which the individual files a petition for 
bankruptcy or an action is filed by a creditor against the individual, as applicable, 
in all tax-advantaged accounts for saving for higher education costs on behalf of a 
particular individual that meets the requirements of Section 529, Internal Revenue 
Code.
(b)
(i)
Any money, asset, or other interest in a fund or account that is exempt from a 
claim of a creditor of the owner, beneficiary, or participant under Subsection 
(1)(a)(xiv)
 does not cease to be exempt after the owner's, participant's, or 
beneficiary's death by reason of a direct transfer or eligible rollover to an inherited 
individual retirement account as defined in Section 408(d)(3), Internal Revenue 
Code.
(ii)
Subsections 
(1)(a)(xiv)
 and 
(1)(b)(i)
 apply to all inherited individual retirement 
accounts without regard to the date on which the account was created.
(c)
(i)
The exemption granted by Subsection 
(1)(a)(xiv)
 does not apply to:
(A)
an alternate payee under a qualified domestic relations order, as those terms 
are defined in Section 414(p), Internal Revenue Code; or
(B)
amounts contributed or benefits accrued by or on behalf of a debtor within one 
year before the debtor files for bankruptcy, except amounts directly rolled over 
from other funds that are exempt from attachment under this section.
(ii)
The exemptions in Subsections 
(1)(a)(xi)
, 
(xii)
, and 
(xiii)
 do not apply to the 
secured creditor's interest in proceeds and avails of any matured or unmatured life 
insurance contract assigned or pledged as collateral for repayment of a loan or 
other legal obligation.
(2)
(a)
Disability benefits, as described in Subsection 
(1)(a)(iii)(A)
, and veterans benefits, 
as described in Subsection 
(1)(a)(v)
, may be garnished on behalf of a victim who is a 
child if the person receiving the benefits has been convicted of a felony sex offense 
against the victim and ordered by the sentencing court to pay restitution to the victim.
(b)
The exemption from execution under this Subsection 
(2)
 shall be reinstated upon 
payment of the restitution in full.
(3)
The exemptions under this section do not limit items that may be claimed as exempt 
under Section 
78B-5-506
.
(4)
(a)
The exemptions described in Subsections 
(1)(a)(iii)
, 
(iv)
, 
(vi)
, 
(vii)
, 
(x)
, 
(xii)
, 
(xiii)
, 
(xiv)
, 
(xv)
, 
(xvii)
, and 
(xviii)
 do not apply to a civil accounts receivable or a civil 
judgment of restitution for an individual who is found in contempt under Section 
78B-6-317
.
(b)
Subsection 
(4)(a)
 does not apply to the benefits described in Subsection 
(1)(a)(iii)
 if 
the individual's dependent received, or is entitled to receive, the benefits.
Section 507, Section 
78B-6-111
 is amended to read:
78B-6-111
. Criminal sexual offenses.
(1)
As used in this section:
(a)
"Sexual offense" means:
(i)
an offense described in Title 76, Chapter 5, Part 4, Sexual Offenses; or
(ii)
an offense under the laws of the state where the child was conceived that is 
substantially similar to an offense described in Title 76, Chapter 5, Part 4, Sexual 
Offenses.
(b)
"Sexual offense" does not include:
(i)
an offense described in Section 
76-5-417
, 
76-5-418
, 
76-5-419
, or 
76-5-420
; or
(ii)
an offense under the laws of the state where the child was conceived that is 
substantially similar to an offense described in Section 
76-5-417
, 
76-5-418
, 
76-5-419
, or 
76-5-420
.
(2)
An unmarried biological father is not entitled to notice of an adoption proceeding, 
nor is the consent of an unmarried biological father required in connection with an 
adoption proceeding, in cases where it is shown that the child who is the subject of the 
proceeding was conceived as a result of conduct that constitutes a sexual offense
 under 
Title 76, Chapter 5, Part 4, Sexual Offenses
, or under the laws of the state where the 
child was conceived
, regardless of whether the unmarried biological father is formally 
charged with or convicted of 
a criminal offense
the sexual offense
.
Section 508, Section 
78B-6-1101
 is amended to read:
78B-6-1101
. Definitions -- Nuisance -- Right of action -- Agriculture operations.
(1)
A nuisance is anything that is injurious to health, indecent, offensive to the senses, or an 
obstruction to the free use of property, so as to interfere with the comfortable enjoyment 
of life or property. A nuisance may be the subject of an action.
(2)
A nuisance may include the following:
(a)
drug houses and drug dealing as provided in Section 
78B-6-1107
;
(b)
gambling as provided in 
Title 76, Chapter 10, Part 11, Gambling
Title 76, Chapter 
9, Part 14, Gambling
;
(c)
criminal activity committed in concert with three or more persons as provided in 
Section 
76-3-203.1
;
(d)
criminal activity committed for the benefit of, at the direction of, or in association 
with any criminal street gang as defined in Section 
76-9-802
;
(e)
criminal activity committed to gain recognition, acceptance, membership, or 
increased status with a criminal street gang as defined in Section 
76-9-802
;
(f)
party houses that frequently create conditions defined in Subsection 
(1)
; and
(g)
prostitution as provided in 
Title 76, Chapter 10, Part 13, Prostitution
Title 76, 
Chapter 5d, Prostitution
.
(3)
A nuisance under this part includes tobacco smoke that drifts into a residential unit a 
person rents, leases, or owns, from another residential or commercial unit and the smoke:
(a)
drifts in more than once in each of two or more consecutive seven-day periods; and
(b)
creates any of the conditions under Subsection 
(1)
.
(4)
Subsection 
(3)
 does not apply to:
(a)
a residential rental unit available for temporary rental, such as for a vacation, or 
available for only 30 or fewer days at a time; or
(b)
a hotel or motel room.
(5)
Subsection 
(3)
 does not apply to a unit that is part of a timeshare development, as 
defined in Section 
57-19-2
, or subject to a timeshare interest as defined in Section 
57-19-2
.
(6)
An action may be brought by a person whose property is injuriously affected, or whose 
personal enjoyment is lessened by the nuisance.
(7)
An action for nuisance against an agricultural operation is governed by 
Title 4, Chapter 
44, Agricultural Operations Nuisances Act
.
(8)
"Critical infrastructure materials operations" means the same as that term is defined in 
Section 
10-9a-901
.
(9)
"Manufacturing facility" means a factory, plant, or other facility including its 
appurtenances, where the form of raw materials, processed materials, commodities, or 
other physical objects is converted or otherwise changed into other materials, 
commodities, or physical objects or where such materials, commodities, or physical 
objects are combined to form a new material, commodity, or physical object.
Section 509, Section 
78B-6-1103
 is amended to read:
78B-6-1103
. Manufacturing facility in operation over three years -- Limited 
application of restrictions.
(1)
Notwithstanding Sections 
76-10-803
76-9-1301
 and 
78B-6-1101
, a manufacturing 
facility or operation may not be considered a nuisance, private or public, by virtue of 
any changed circumstance in land uses near the facility after it has been in operation for 
more than three years if the manufacturing facility or operation was not a nuisance at the 
time it began operation. The manufacturing facility may not increase the condition 
asserted to be a nuisance. The provisions of this Subsection 
(1)
 do not apply if a 
nuisance results from the negligent or improper operation of a manufacturing facility.
(2)
The provisions of Subsection 
(1)
 may not affect or defeat the right of any person to 
recover damages for any injuries or damage sustained because of any pollution of, or 
change in the condition of, the waters of any stream or the overflow of the lands of any 
person.
(3)
Any and all ordinances now or in the future adopted by any county or municipal 
corporation in which a manufacturing facility is located and which makes its operation a 
nuisance or providing for an abatement as a nuisance in the circumstances set forth in 
this section are null and void. The provisions of this Subsection 
(3)
 may not apply 
whenever a nuisance results from the negligent or improper operation of a 
manufacturing facility.
Section 510, Section 
78B-6-1107
 is amended to read:
78B-6-1107
. Nuisance -- Drug houses and drug dealing -- Gambling -- Group 
criminal activity -- Party house -- Prostitution -- Weapons -- Abatement by eviction.
(1)
Every building or place is a nuisance where:
(a)
the unlawful sale, manufacture, service, storage, distribution, dispensing, or 
acquisition occurs of any controlled substance, precursor, or analog specified in 
Title 
58, Chapter 37, Utah Controlled Substances Act
;
(b)
gambling is permitted to be played, conducted, or dealt upon as prohibited in 
Title 
76, Chapter 10, Part 11, Gambling
Title 76, Chapter 9, Part 14, Gambling
, which 
creates the conditions of a nuisance as defined in Subsection 
78B-6-1101(1)
;
(c)
criminal activity is committed in concert with three or more persons as provided in 
Section 
76-3-203.1
;
(d)
criminal activity is committed for the benefit of, at the direction of, or in association 
with any criminal street gang as defined in Section 
76-9-802
;
(e)
criminal activity is committed to gain recognition, acceptance, membership, or 
increased status with a criminal street gang as defined in Section 
76-9-802
;
(f)
parties occur frequently which create the conditions of a nuisance as defined in 
Subsection 
78B-6-1101(1)
;
(g)
prostitution or promotion of prostitution is regularly carried on by one or more 
persons as provided in 
Title 76, Chapter 10, Part 13, Prostitution
Title 76, Chapter 
5d, Prostitution
; and
(h)
a violation of 
Title 76, Chapter 10, Part 5, Weapons
Title 76, Chapter 11, Weapons
, 
occurs on the premises.
(2)
It is a defense to nuisance under Subsection 
(1)(a)
 if the defendant can prove that the 
defendant is lawfully entitled to possession of a controlled substance.
(3)
Sections 
78B-6-1108
 through 
78B-6-1114
 govern only an abatement by eviction of the 
nuisance as defined in Subsection 
(1)
.
Section 511, Section 
78B-6-1701
 is amended to read:
78B-6-1701
. Cause of action for identity theft.
(1)
A petitioner who has been injured by a violation of Section 
76-6-1102
, Identity Fraud, 
or Section 
76-10-1801
76-6-525
, Communications Fraud, may recover from the 
perpetrator:
(a)
compensatory damages in the amount of $1,000 or up to three times the amount of 
actual damages, whichever is greater;
(b)
attorney fees; and
(c)
court costs.
(2)
Actual damages may include:
(a)
replacement or reissuance costs for checks and any personal identification documents;
(b)
the value of the petitioner's time spent:
(i)
repairing their credit history or rating; and
(ii)
attending civil or administrative hearings necessary to resolve any debt, lien, or 
other obligation arising from the offense;
(c)
lost wages; and
(d)
any other verifiable costs the court may choose to include.
(3)
The court may award punitive damages in addition to compensatory damages.
(4)
A perpetrator who is not tried or found not guilty of a violation of Section 
76-6-1102
, 
Identity Fraud, or Section 
76-10-1801
76-6-525
, Communications Fraud, may be found 
liable under this section if the court finds by a preponderance of the evidence that the 
perpetrator participated in a violation and the petitioner was injured as a result.
(5)
(a)
A perpetrator who is found guilty of a violation of Section 
76-6-1102
, Identity 
Fraud, or Section 
76-10-1801
76-6-525
, Communications Fraud, shall be found 
liable under this section.
(b)
If restitution was ordered in the criminal action, the amount ordered shall be 
deducted from any damages awarded under this section.
Section 512, Section 
78B-6-2102
 is amended to read:
78B-6-2102
. Exemptions.
(1)
If the conditions of Subsection (2) are met, this part does not apply to:
(a)
the following, as defined in the Communications Act of 1934, as amended:
(i)
an interactive computer service;
(ii)
a telecommunications service, information service, or mobile service, including a 
commercial mobile service; or
(iii)
a multichannel video programming distributor;
(b)
an Internet service provider;
(c)
a provider of an electronic communications service;
(d)
a distributor of Internet-based video services;
(e)
a 
host
hosting
 company as defined in Section 
76-10-1230
76-5c-401
; or
(f)
a distributor of electronic or computerized game software that users manipulate 
through interactive devices.
(2)
This part does not apply to an entity described in Subsection (1) if:
(a)
the distribution of pornographic material by the entity occurs only incidentally 
through the entity's function of:
(i)
transmitting or routing data from one person to another person;
(ii)
providing a connection between one person and another person; or
(iii)
providing data storage space or data caching to a person; and
(b)
the entity does not intentionally aid or abet in the distribution of the pornographic 
material.
Section 513, Section 
78B-6-2105
 is amended to read:
78B-6-2105
. Civil action for enforcement -- Penalties.
(1)
A person who distributes or otherwise provides pornographic material to consumers 
may not distribute any obscene material or performance as defined in Section 
76-10-1203
76-5c-101
 without first giving a clear and reasonable warning of the 
harmful impact of exposing minors to the material or performance. 
(2)
The warning of the harm shall be prominently displayed in the following form:
STATE OF UTAH WARNING
Exposing minors to obscene material may damage or negatively impact minors.
(3)
(a)
For print publications created after May 12, 2020, the warning in Subsection (2) 
shall be placed in clear, readable type on the cover of each publication which 
includes material as defined in Section 
76-10-1201
76-5c-101
.
(b)
For digital publications:
(i)
the warning in Subsection (2) shall be displayed in searchable text format and for 
at least five seconds prior to the display of any video or each image which 
includes material as defined in Section 
76-10-1201
76-5c-101
; or
(ii)
if the website complies with Subsection 
78B-6-2103
(3), it is not required to 
display the warning in Subsection (2) prior to each video or image contained on 
the website.
(4)
A person who violates this section shall be liable for a civil penalty not to exceed 
$2,500 per violation, plus filing fees and attorney fees, in addition to any other penalty 
established by law, and enjoined from further violations. 
(5)
The civil penalty may be assessed and recovered in a civil action brought in any court of 
competent jurisdiction.
(6)
 Each of the following violations shall create a separate liability per violation:
(a)
the sale or display of potentially harmful content without the warning required in 
Subsection (2), in accordance with Subsection (3); or
(b)
the absence of the following searchable text within the website's metadata - 
utahobscenitywarning.
(7)
The determination by a court as to whether a person is distributing material the state 
considers to be obscene material or performance as defined in Section 
78B-6-1203
 shall 
be proven by clear and convincing evidence. All other elements of proof shall be proven 
by a preponderance of the evidence.
(8)
The court, in ordering payment, shall specify each amount for the civil penalty, filing 
fees, and attorney fees.
(9)
In assessing the amount of a civil penalty for a violation of this chapter, the court shall 
consider all of the following:
(a)
the nature and extent of the violation;
(b)
the number and severity of the violations;
(c)
the economic effect of the penalty on the violator;
(d)
whether the violator took good faith measures to comply with this chapter and when 
those measures were taken;
(e)
the willfulness of the violator's misconduct;
(f)
the deterrent effect that the imposition of the penalty would have on both the violator 
and the regulated community as a whole; and
(g)
any other factor that the court determines justice requires.
(10)
Actions pursuant to this section may be brought by the attorney general's office in the 
name of the people of the state or by a private person in accordance with Subsection (11).
(11)
A private person may bring an action in the public interest pursuant to this section if:
(a)
the person has served notice of an alleged violation of Section 
78B-6-2103
 on the 
alleged violator and the attorney general's office;
(b)
the attorney general's office has not provided a letter to the noticing party within 60 
days of receipt of the notice of an alleged violation indicating that:
(i)
an action is currently being pursued or will be pursued by the attorney general's 
office regarding the violation; or
(ii)
the attorney general believes that there is no merit to the action; and
(c)
the alleged violator has not responded to the notice of alleged violation or returned 
the proof of compliance form provided in Subsection (17).
(12)
If a lawsuit is commenced, the plaintiff may include additional violations in the claim 
that are discovered through the discovery process.
(13)
Notice of the alleged violation shall be executed by the attorney for the noticing party, 
or by the noticing party, if the noticing party is not represented by an attorney, and 
include a notice of alleged violation. The notice of alleged violation shall:
(a)
state that the person executing the notice believes that there is a violation; and
(b)
provide factual information sufficient to establish the basis for the alleged violation.
(14)
A person who serves a notice of alleged violation identified in Subsection (13) shall 
complete and provide to the alleged violator at the time the notice of alleged violation is 
served, a notice of special compliance procedure and proof of compliance form pursuant 
to Subsection (17). The person may file an action against the alleged violator, or recover 
from the alleged violator if:
(a)
the notice of alleged violation alleges that the alleged violator failed to provide a 
clear and reasonable warning as required under Subsection (1); and
(b)
within 14 days after receipt of the notice of alleged violation, the alleged violator has 
not:
(i)
corrected the alleged violation and all similar violations known to the alleged 
violator;
(ii)
agreed to pay a penalty for the alleged violation in the amount of $500 per 
violation; and
(iii)
notified, in writing, the noticing party that the violation has been corrected.
(15)
The written notice required in Subsection (14)(b)(iii) shall be the notice of special 
compliance procedure and proof of compliance form specified in Subsection (17). The 
alleged violator shall deliver the civil penalty to the noticing party within 30 days of 
receipt of the notice of alleged violation.
(16)
The attorney general shall review the notice of alleged violation and may confer with 
the noticing party. If the attorney general believes there is no merit to the action, the 
attorney general shall, within 45 days of receipt of the notice of alleged violation, 
provide a letter to the noticing party and the alleged violator stating that the attorney 
general believes there is no merit to the action.
(17)
The notice required to be provided to an alleged violator pursuant to Subsection (14) shall 
be presented as follows:
Date:
Name of Noticing Party or attorney for Noticing Party:
Address:
Phone number:
SPECIAL COMPLIANCE PROCEDURE
PROOF OF COMPLIANCE
You are receiving this form because the Noticing Party listed above has alleged that you 
are in violation of Utah Code Section 
78B-6-2103
.
The Noticing Party may bring legal proceedings against you for the alleged violation 
checked below if:
(1) you have not actually taken the corrective steps that you have certified in this form;
(2) the Noticing Party has not received this form at the address shown above, accurately 
completed by you, postmarked within 14 days of your receiving this notice; and
(3) the Noticing Party does not receive the required $500 penalty payment for each 
violation alleged from you at the address shown above postmarked within 30 days of your 
receiving this notice.
PART 1: TO BE COMPLETED BY THE NOTICING PARTY OR ATTORNEY FOR 
THE NOTICING PARTY
This notice of alleged violation is for failure to warn against an exposure to minors of 
materials considered harmful to minors. (provide complete description of violation, including 
when and where observed)
Date:
Name of Noticing Party or attorney for Noticing Party:
Address:
Phone number:
PART 2: TO BE COMPLETED BY THE ALLEGED VIOLATOR OR AUTHORIZED 
REPRESENTATIVE
Certification of Compliance
Accurate completion of this form will demonstrate that you are now in compliance with 
Utah Code Section 
78B-6-2103
, for the alleged violation listed above. You must complete and 
submit the form below to the Noticing Party at the address shown above, postmarked within 14 
days of you receiving this notice.
I hereby agree to pay, within 30 days of receipt of this notice, a penalty of $500 for each 
violation alleged to the Noticing Party only and certify that I have complied with by (check 
only one of the following):
[ ] Posting a warning or warnings, and attaching a copy of that warning and a 
photograph accurately showing its placement on the print or digital publication.
[ ] Eliminating the alleged exposure, and attaching a statement accurately describing 
how the alleged exposure has been eliminated.
CERTIFICATION
My statements on this form, and on any attachments to it, are true, complete, and correct 
to the best of my knowledge and belief and are made in good faith. I have carefully read the 
instructions to complete this form. I understand that if I make a false statement on this form, I 
may be subject to additional penalties under Utah Code 
Section 
76-10-1206
Sections 
76-5c-205
 and 
76-5c-206
.
Signature of alleged violator or authorized representative:
Date:
Name and title of signatory:
(18)
An alleged violator may satisfy the conditions set forth in Subsection (17) only one 
time for a specific violation.
(19)
Notwithstanding Subsection (17), the attorney general may file an action pursuant to 
Subsection (10) against an alleged violator. In any action, the amount of any civil 
penalty for a violation shall be reduced to reflect any payment made by the alleged 
violator to a private person in accordance with Subsection (17) for the same alleged 
violation.
(20)
Payments shall be made in accordance with this section.
(a)
A civil penalty ordered by the court shall be paid to the plaintiff as directed by the 
court.
(b)
A penalty paid in accordance with the special compliance procedure in Subsection 
(17) shall be made directly to the noticing party.
(21)
The Utah Office for Victims of Crime shall receive 50% of any penalty paid in 
accordance with this section. Funds received shall be deposited into the Crime Victim 
Reparations Fund created in Section 
63M-7-526
. The penalty amount upon which the 
50% is calculated may not include attorney fees or costs awarded by the court.
(a)
If the penalty is paid to a noticing party in accordance with Subsection (17), the 
noticing party shall remit the required amount along with a copy of the Special 
Compliance Procedure document.
(b)
If a civil penalty is ordered by the court, the plaintiff shall remit the required amount 
along with a copy of the court order.
(22)
The attorney general's office shall provide to the Utah Office for Victims of Crime a 
copy of all notices of alleged violations to which the attorney general's office did not 
respond with a letter of no merit in accordance with Subsection (16).
(23)
The court shall provide to the Utah Office for Victims of Crime a copy of the court's 
order for payment.
(24)
The Utah Office for Victims of Crime shall:
(a)
maintain a record of documents and payments submitted pursuant to Subsections (21), 
(22), and (23);
(b)
create and provide to the Legislature in odd-numbered years beginning November 
2021, a report containing the following for the previous two years:
(i)
the number of notices of alleged violations received from the attorney general's 
office;
(ii)
the number of court orders received; and
(iii)
the total amount received and deposited into the Crime Victim Reparations Fund.
(25)
This section does not apply to:
(a)
a person portrayed in obscene or pornographic material that is created, duplicated, or 
distributed without the person's knowledge or consent; or
(b)
a person who is coerced or blackmailed into distributing obscene or pornographic 
material.
(26)
Beginning May 1, 2025, and at each five-year interval, the dollar amount of the civil 
penalty provided in Subsection (4) shall be adjusted by the Judicial Council based on the 
change in the annual Consumer Price Index for the most recent five-year period ending 
on December 31 of the previous year, and rounded to the nearest five dollars. The 
attorney general shall publish the dollar amount of the civil penalty together with the 
date of the next scheduled adjustment.
Section 514, Section 
78B-6-2301
 is amended to read:
78B-6-2301
. Definitions.
As used in this part:
(1)
"Directive" means an ordinance, regulation, measure, rule, enactment, order, or policy 
issued, enacted, or required by a local or state governmental entity.
(2)
"Firearm" means the same as that term is defined in Section 
53-5a-102
53-5a-102.1
.
(3)
"Legislative firearm preemption" means the preemption provided for in 
Sections 
53-5a-102
 and 
76-10-500
Section 
53-5a-102
.
(4)
"Local or state governmental entity" means:
(a)
a department, commission, board, council, agency, institution, officer, corporation, 
fund, division, office, committee, authority, laboratory, library, unit, bureau, panel, or 
other administrative unit of the state, including the Utah Board of Higher Education, 
each institution of higher education, and the boards of trustees of each higher 
education institution; or
(b)
a county, city, town, special district, local education agency, public school, school 
district, charter school, special service district under Title 17D, Chapter 1, Special 
Service District Act, an entity created by interlocal cooperation agreement under Title 
11, Chapter 13, Interlocal Cooperation Act, or any other governmental entity 
designated in statute as a political subdivision of the state.
Section 515, Section 
78B-7-502
 is amended to read:
78B-7-502
. Definitions.
As used in this part:
(1)
"Ex parte sexual violence protective order" means an order issued without notice to the 
respondent under this part.
(2)
"Protective order" means:
(a)
a sexual violence protective order; or
(b)
an ex parte sexual violence protective order.
(3)
(a)
"Sexual violence" means the commission or the attempt to commit:
(a)
(i)
any sexual offense described in
:
(A)
Title 76, Chapter 5, Part 4, Sexual Offenses
, 
; 
or 
(B)
Title 76, Chapter 5b, Part 2, Sexual Exploitation
;
(b)
(ii)
human trafficking for sexual exploitation under Section 
76-5-308.1
; or
(c)
(iii)
aggravated human trafficking for forced sexual exploitation under Section 
76-5-310
.
(b)
"Sexual violence" does not include an offense described in:
(i)
Section 
76-5-417
, enticing a minor;
(ii)
Section 
76-5-418
, sexual battery;
(iii)
Section 
76-5-419
, lewdness;
(iv)
Section 
76-5-420
, lewdness involving a child; or
(v)
Section 
76-5b-206
, failure to report child sexual abuse material by a computer 
technician.
(4)
"Sexual violence protective order" means an order issued under this part after a hearing 
on the petition, of which the petitioner and respondent have been given notice.
Section 516, Section 
78B-7-801
 is amended to read:
78B-7-801
. Definitions.
As used in this part:
(1)
(a)
"Jail release agreement" means a written agreement that is entered into by an 
individual who is arrested or issued a citation, regardless of whether the individual is 
booked into jail:
(i)
under which the arrested or cited individual agrees to not engage in any of the 
following:
(A)
telephoning, contacting, or otherwise communicating with the alleged victim, 
directly or indirectly;
(B)
threatening or harassing the alleged victim; or
(C)
knowingly entering onto the premises of the alleged victim's residence or on 
premises temporarily occupied by the alleged victim, unless, after a law 
enforcement officer or the law enforcement officer's employing agency notifies 
or attempts to notify the alleged victim, the individual enters the premises 
while accompanied by a law enforcement officer for the purpose of retrieving 
the individual's personal belongings; and
(ii)
that specifies other conditions of release from jail or arrest.
(b)
"Jail release agreement" includes a written agreement that includes the conditions 
described in Section 
(1)(a)
 entered into by a minor who is taken into custody or 
placed in detention or a shelter facility under Section 
80-6-201
.
(2)
"Jail release court order" means a written court order that:
(a)
orders an arrested or cited individual not to engage in any of the following:
(i)
telephoning, contacting, or otherwise communicating with the alleged victim, 
directly or indirectly;
(ii)
threatening or harassing the alleged victim; or
(iii)
knowingly entering onto the premises of the alleged victim's residence or on 
premises temporarily occupied by the alleged victim, unless, after a law 
enforcement officer or the law enforcement officer's employing agency notifies or 
attempts to notify the alleged victim, the individual enters the premises while 
accompanied by a law enforcement officer for the purpose of retrieving the 
individual's personal belongings; and
(b)
specifies other conditions of release from jail.
(3)
"Minor" means the same as that term is defined in Section 
80-1-102
.
(4)
"Offense against a child or vulnerable adult" means the commission or attempted 
commission of an offense described in:
(a)
Section 
76-5-109
, child abuse;
(b)
Section 
76-5-109.2
, aggravated child abuse;
(c)
Section 
76-5-109.3
, child abandonment;
(d)
Section 
76-5-110
, abuse or neglect of a child with a disability;
(e)
Section 
76-5-111
, abuse of a vulnerable adult;
(f)
Section 
76-5-111.2
, aggravated abuse of a vulnerable adult;
(g)
Section 
76-5-111.3
, personal dignity exploitation of a vulnerable adult;
(h)
Section 
76-5-111.4
, financial exploitation of a vulnerable adult;
(i)
Section 
76-5-114
, commission of domestic violence in the presence of a child; or
(j)
Section 
76-9-702.1
76-5-418
, sexual battery.
(5)
(a)
"Qualifying offense" means:
(a)
(i)
domestic violence;
(b)
(ii)
an offense against a child or vulnerable adult; or
(c)
(iii)
the commission or attempted commission of an offense described in Section 
76-9-702.1
76-5-418
, sexual battery,
 or 
Title 76, Chapter 5, Part 4, Sexual 
Offenses
.
(b)
"Qualifying offense" does not include an offense described in:
(i)
Section 
76-5-417
, enticing a minor;
(ii)
Section 
76-5-419
, lewdness; or
(iii)
Section 
76-5-420
, lewdness involving a child.
Section 517, Section 
78B-8-503
 is amended to read:
78B-8-503
. Definitions.
As used in this part:
(1)
"Prevail" means to obtain favorable final judgment, the right to all appeals having been 
exhausted, on the merits, on substantially all counts or charges in the action and with 
respect to the most significant issue or set of issues presented, but does not include the 
settlement of any action, either by stipulation, consent decree or otherwise, whether or 
not settlement occurs before or after any hearing or trial.
(2)
"Reasonable litigation expenses" means court costs, administrative hearing costs, 
attorney fees, and witness fees of all necessary witnesses, not in excess of $25,000 
which a court finds were reasonably incurred in opposing action covered under this part.
(3)
"Small business" means a commercial or business entity, including a sole 
proprietorship, which does not have more than 250 employees, but does not include an 
entity which is a subsidiary or affiliate of another entity which is not a small business.
(4)
"State" means any department, board, institution, hospital, college, or university of the 
state of Utah or any political subdivision thereof, except with respect to actions brought 
under 
Title 76, Chapter 10, Part 31, Utah Antitrust Act
Title 76, Chapter 16, Part 5, 
Antitrust Offenses
.
Section 518, Section 
78B-9-104
 is amended to read:
78B-9-104
. Grounds for relief -- Retroactivity of rule.
(1)
Unless precluded by Section 
78B-9-106
 or 
78B-9-107
, an individual who has been 
convicted and sentenced for a criminal offense may file an action in the district court of 
original jurisdiction for postconviction relief to vacate or modify the conviction or 
sentence upon the following grounds:
(a)
the conviction was obtained or the sentence was imposed in violation of the United 
States Constitution or Utah Constitution;
(b)
the conviction was obtained or the sentence was imposed under a statute that is in 
violation of the United States Constitution or Utah Constitution, or the conduct for 
which the petitioner was prosecuted is constitutionally protected;
(c)
the sentence was imposed or probation was revoked in violation of the controlling 
statutory provisions;
(d)
the petitioner had ineffective assistance of counsel in violation of the United States 
Constitution or Utah Constitution;
(e)
newly discovered material evidence exists that requires the court to vacate the 
conviction or sentence, because:
(i)
neither the petitioner nor petitioner's counsel knew of the evidence at the time of 
trial or sentencing or in time to include the evidence in any previously filed 
post-trial motion or postconviction proceeding, and the evidence could not have 
been discovered through the exercise of reasonable diligence;
(ii)
the material evidence is not merely cumulative of evidence that was known;
(iii)
the material evidence is not merely impeachment evidence; and
(iv)
viewed with all the other evidence, the newly discovered material evidence 
demonstrates that no reasonable trier of fact could have found the petitioner guilty 
of the offense or subject to the sentence received;
(f)
the petitioner can prove that:
(i)
biological evidence, as that term is defined in Section 
77-11c-101
, relevant to the 
petitioner's conviction was not preserved in accordance with 
Title 77, Chapter 
11c, Part 4, Preservation of Biological Evidence for Violent Felony Offenses
;
(ii)
(A)
the biological evidence described in Subsection 
(1)(f)(i)
 was not tested 
previously; or
(B)
if the biological evidence described in Subsection 
(1)(f)(i)
 was tested 
previously, there is a material change in circumstance, including a scientific or 
technological advance, that would make it plausible that a test of the biological 
evidence described in Subsection 
(1)(f)(i)
 would produce a favorable test result 
for the petitioner; and
(iii)
a favorable result described in Subsection 
(1)(f)(ii)
, which is presumed for 
purposes of the petitioner's action under this section, when viewed with all the 
other evidence, demonstrates a reasonable probability of a more favorable 
outcome at trial for the petitioner;
(g)
the petitioner can prove entitlement to relief under a rule announced by the United 
States Supreme Court, the Utah Supreme Court, or the Utah Court of Appeals after 
conviction and sentence became final on direct appeal, and that:
(i)
the rule was dictated by precedent existing at the time the petitioner's conviction 
or sentence became final; or
(ii)
the rule decriminalizes the conduct that comprises the elements of the crime for 
which the petitioner was convicted; or
(h)
the petitioner committed any of the following offenses while subject to force, fraud, 
or coercion, as defined in Section 
76-5-308
:
(i)
Section 
58-37-8
, possession of a controlled substance;
(ii)
Section 
76-10-1304
76-5d-206
, aiding prostitution;
(iii)
Section 
76-6-206
, criminal trespass;
(iv)
Section 
76-6-413
, theft;
(v)
Section 
76-6-502
, possession of forged writing or device for writing;
(vi)
any offense in 
Title 76, Chapter 6, Part 6, Retail Theft
;
(vii)
Subsection 
76-6-1105(2)(a)(i)(A)
, unlawful possession of another's 
identification document;
(viii)
Section 
76-9-702
76-5-419
, lewdness;
(ix)
Section 
76-10-1302
76-5d-202
, prostitution;
or
(x)
Section 
76-10-1313
76-5d-209
, sexual solicitation
; or
(xi)
Section 
76-5d-210
, sexual solicitation of a child
.
(2)
The court may not grant relief from a conviction or sentence unless in light of the facts 
proved in the postconviction proceeding, viewed with the evidence and facts introduced 
at trial or during sentencing:
(a)
the petitioner establishes that there would be a reasonable likelihood of a more 
favorable outcome; or
(b)
if the petitioner challenges the conviction or the sentence on grounds that the 
prosecutor knowingly failed to correct false testimony at trial or at sentencing, the 
petitioner establishes that the false testimony, in any reasonable likelihood, could 
have affected the judgment of the fact finder.
(3)
(a)
The court may not grant relief from a conviction based on a claim that the 
petitioner is innocent of the crime for which convicted except as provided in 
Part 3, 
Postconviction Testing of DNA
, or 
Part 4, Postconviction Determination of Factual 
Innocence
.
(b)
Claims under 
Part 3, Postconviction Testing of DNA
, or 
Part 4, Postconviction 
Determination of Factual Innocence
, of this chapter may not be filed as part of a 
petition under this part, but shall be filed separately and in conformity with the 
provisions of 
Part 3, Postconviction Testing of DNA
, or 
Part 4, Postconviction 
Determination of Factual Innocence
.
Section 519, Section 
80-1-102
 is amended to read:
80-1-102
. Juvenile Code definitions.
Except as provided in Section 
80-6-1103
, as used in this title:
(1)
(a)
"Abuse" means:
(i)
(A)
nonaccidental harm of a child;
(B)
threatened harm of a child;
(C)
sexual exploitation;
(D)
sexual abuse; or
(E)
human trafficking of a child in violation of Section 
76-5-308.5
; or
(ii)
that a child's natural parent:
(A)
intentionally, knowingly, or recklessly causes the death of another parent of 
the child;
(B)
is identified by a law enforcement agency as the primary suspect in an 
investigation for intentionally, knowingly, or recklessly causing the death of 
another parent of the child; or
(C)
is being prosecuted for or has been convicted of intentionally, knowingly, or 
recklessly causing the death of another parent of the child.
(b)
"Abuse" does not include:
(i)
reasonable discipline or management of a child, including withholding privileges;
(ii)
conduct described in Section 
76-2-401
; or
(iii)
the use of reasonable and necessary physical restraint or force on a child:
(A)
in self-defense;
(B)
in defense of others;
(C)
to protect the child; or
(D)
to remove a weapon in the possession of a child for any of the reasons 
described in Subsections (1)(b)(iii)(A) through (C).
(2)
"Abused child" means a child who has been subjected to abuse.
(3)
(a)
"Adjudication" means, except as provided in Subsection (3)(b):
(i)
for a delinquency petition or criminal information under Chapter 6, Juvenile 
Justice:
(A)
a finding by the juvenile court that the facts alleged in a delinquency petition 
or criminal information alleging that a minor committed an offense have been 
proved;
(B)
an admission by a minor in the juvenile court as described in Section 
80-6-306
; 
or
(C)
a plea of no contest by minor in the juvenile court; or
(ii)
for all other proceedings under this title, a finding by the juvenile court that the 
facts alleged in the petition have been proved.
(b)
"Adjudication" does not include:
(i)
an admission by a minor described in Section 
80-6-306
 until the juvenile court 
enters the minor's admission; or
(ii)
a finding of not competent to proceed in accordance with Section 
80-6-402
.
(4)
(a)
"Adult" means an individual who is 18 years old or older.
(b)
"Adult" does not include an individual:
(i)
who is 18 years old or older; and
(ii)
who is a minor.
(5)
"Attorney guardian ad litem" means the same as that term is defined in Section 
78A-2-801
.
(6)
"Board" means the Board of Juvenile Court Judges.
(7)
"Child" means, except as provided in Section 
80-2-905
, an individual who is under 18 
years old.
(8)
"Child and family plan" means a written agreement between a child's parents or 
guardian and the Division of Child and Family Services as described in Section 
80-3-307
.
(9)
"Child placing" means the same as that term is defined in Section 
26B-2-101
.
(10)
"Child-placing agency" means the same as that term is defined in Section 
26B-2-101
.
(11)
"Child protection team" means a team consisting of:
(a)
the child welfare caseworker assigned to the case;
(b)
if applicable, the child welfare caseworker who made the decision to remove the 
child;
(c)
a representative of the school or school district where the child attends school;
(d)
if applicable, the law enforcement officer who removed the child from the home;
(e)
a representative of the appropriate Children's Justice Center, if one is established 
within the county where the child resides;
(f)
if appropriate, and known to the division, a therapist or counselor who is familiar 
with the child's circumstances;
(g)
if appropriate, a representative of law enforcement selected by the chief of police or 
sheriff in the city or county where the child resides; and
(h)
any other individuals determined appropriate and necessary by the team coordinator 
and chair.
(12)
(a)
"Chronic abuse" means repeated or patterned abuse.
(b)
"Chronic abuse" does not mean an isolated incident of abuse.
(13)
(a)
"Chronic neglect" means repeated or patterned neglect.
(b)
"Chronic neglect" does not mean an isolated incident of neglect.
(14)
"Clandestine laboratory operation" means the same as that term is defined in Section 
58-37d-3
.
(15)
"Commit" or "committed" means, unless specified otherwise:
(a)
with respect to a child, to transfer legal custody; and
(b)
with respect to a minor who is at least 18 years old, to transfer custody.
(16)
"Community-based program" means a nonsecure residential or nonresidential program, 
designated to supervise and rehabilitate juvenile offenders, that prioritizes the least 
restrictive setting, consistent with public safety, and operated by or under contract with 
the Division of Juvenile Justice and Youth Services.
(17)
"Community placement" means placement of a minor in a community-based program 
described in Section 
80-5-402
.
(18)
"Correctional facility" means:
(a)
a county jail; or
(b)
a secure correctional facility as defined in Section 
64-13-1
.
(19)
"Criminogenic risk factors" means evidence-based factors that are associated with a 
minor's likelihood of reoffending.
(20)
"Department" means the Department of Health and Human Services created in Section 
26B-1-201
.
(21)
"Dependent child" or "dependency" means a child who is without proper care through 
no fault of the child's parent, guardian, or custodian.
(22)
"Deprivation of custody" means transfer of legal custody by the juvenile court from a 
parent or a previous custodian to another person, agency, or institution.
(23)
"Detention" means home detention or secure detention.
(24)
"Detention facility" means a facility, established by the Division of Juvenile Justice 
and Youth Services in accordance with Section 
80-5-501
, for minors held in detention.
(25)
"Detention risk assessment tool" means an evidence-based tool established under 
Section 
80-5-203
 that:
(a)
assesses a minor's risk of failing to appear in court or reoffending before 
adjudication; and
(b)
is designed to assist in making a determination of whether a minor shall be held in 
detention.
(26)
"Developmental immaturity" means incomplete development in one or more domains 
that manifests as a functional limitation in the minor's present ability to:
(a)
consult with counsel with a reasonable degree of rational understanding; and
(b)
have a rational as well as factual understanding of the proceedings.
(27)
"Disposition" means an order by a juvenile court, after the adjudication of a minor, 
under Section 
80-3-405
 or 
80-4-305
 or Chapter 6, Part 7, Adjudication and Disposition.
(28)
"Educational neglect" means that, after receiving a notice of compulsory education 
violation under Section 
53G-6-202
, the parent or guardian fails to make a good faith 
effort to ensure that the child receives an appropriate education.
(29)
"Educational series" means an evidence-based instructional series:
(a)
obtained at a substance abuse program that is approved by the Division of Integrated 
Healthcare in accordance with Section 
26B-5-104
; and
(b)
designed to prevent substance use or the onset of a mental health disorder.
(30)
"Emancipated" means the same as that term is defined in Section 
80-7-102
.
(31)
"Evidence-based" means a program or practice that has had multiple randomized 
control studies or a meta-analysis demonstrating that the program or practice is effective 
for a specific population or has been rated as effective by a standardized program 
evaluation tool.
(32)
"Forensic evaluator" means the same as that term is defined in Section 
77-15-2
.
(33)
"Formal probation" means a minor is:
(a)
supervised in the community by, and reports to, a juvenile probation officer or an 
agency designated by the juvenile court; and
(b)
subject to return to the juvenile court in accordance with Section 
80-6-607
.
(34)
"Group rehabilitation therapy" means psychological and social counseling of one or 
more individuals in the group, depending upon the recommendation of the therapist.
(35)
"Guardian" means a person appointed by a court to make decisions regarding a minor, 
including the authority to consent to:
(a)
marriage;
(b)
enlistment in the armed forces;
(c)
major medical, surgical, or psychiatric treatment; or
(d)
legal custody, if legal custody is not vested in another individual, agency, or 
institution.
(36)
"Guardian ad litem" means the same as that term is defined in Section 
78A-2-801
.
(37)
"Harm" means:
(a)
physical or developmental injury or damage;
(b)
emotional damage that results in a serious impairment in the child's growth, 
development, behavior, or psychological functioning;
(c)
sexual abuse; or
(d)
sexual exploitation.
(38)
"Home detention" means placement of a minor:
(a)
if prior to a disposition, in the minor's home, or in a surrogate home with the consent 
of the minor's parent, guardian, or custodian, under terms and conditions established 
by the Division of Juvenile Justice and Youth Services or the juvenile court; or
(b)
if after a disposition, and in accordance with Section 
78A-6-353
 or 
80-6-704
, in the 
minor's home, or in a surrogate home with the consent of the minor's parent, 
guardian, or custodian, under terms and conditions established by the Division of 
Juvenile Justice and Youth Services or the juvenile court.
(39)
(a)
"Incest" means engaging in sexual intercourse with an individual whom the 
perpetrator knows to be the perpetrator's ancestor, descendant, brother, sister, uncle, 
aunt, nephew, niece, or first cousin.
(b)
"Incest" includes:
(i)
blood relationships of the whole or half blood, regardless of whether the 
relationship is legally recognized;
(ii)
relationships of parent and child by adoption; and
(iii)
relationships of stepparent and stepchild while the marriage creating the 
relationship of a stepparent and stepchild exists.
(40)
"Indian child" means the same as that term is defined in 25 U.S.C. Sec. 1903.
(41)
"Indian tribe" means the same as that term is defined in 25 U.S.C. Sec. 1903.
(42)
"Indigent defense service provider" means the same as that term is defined in Section 
78B-22-102
.
(43)
"Indigent defense services" means the same as that term is defined in Section 
78B-22-102
.
(44)
"Indigent individual" means the same as that term is defined in Section 
78B-22-102
.
(45)
(a)
"Intake probation" means a minor is:
(i)
monitored by a juvenile probation officer; and
(ii)
subject to return to the juvenile court in accordance with Section 
80-6-607
.
(b)
"Intake probation" does not include formal probation.
(46)
"Intellectual disability" means a significant subaverage general intellectual functioning 
existing concurrently with deficits in adaptive behavior that constitutes a substantial 
limitation to the individual's ability to function in society.
(47)
"Juvenile offender" means:
(a)
a serious youth offender; or
(b)
a youth offender.
(48)
"Juvenile probation officer" means a probation officer appointed under Section 
78A-6-205
.
(49)
"Juvenile receiving center" means a nonsecure, nonresidential program established by 
the Division of Juvenile Justice and Youth Services, or under contract with the Division 
of Juvenile Justice and Youth Services, that is responsible for minors taken into 
temporary custody under Section 
80-6-201
.
(50)
"Legal custody" means a relationship embodying:
(a)
the right to physical custody of the minor;
(b)
the right and duty to protect, train, and discipline the minor;
(c)
the duty to provide the minor with food, clothing, shelter, education, and ordinary 
medical care;
(d)
the right to determine where and with whom the minor shall live; and
(e)
the right, in an emergency, to authorize surgery or other extraordinary care.
(51)
"Licensing Information System" means the Licensing Information System maintained 
by the Division of Child and Family Services under Section 
80-2-1002
.
(52)
"Management Information System" means the Management Information System 
developed by the Division of Child and Family Services under Section 
80-2-1001
.
(53)
"Mental illness" means:
(a)
a psychiatric disorder that substantially impairs an individual's mental, emotional, 
behavioral, or related functioning; or
(b)
the same as that term is defined in:
(i)
the current edition of the Diagnostic and Statistical Manual of Mental Disorders 
published by the American Psychiatric Association; or
(ii)
the current edition of the International Statistical Classification of Diseases and 
Related Health Problems.
(54)
"Minor" means, except as provided in Sections 
80-6-501
, 
80-6-901
, and 
80-7-102
:
(a)
a child; or
(b)
an individual:
(i)
(A)
who is at least 18 years old and younger than 21 years old; and
(B)
for whom the Division of Child and Family Services has been specifically 
ordered by the juvenile court to provide services because the individual was an 
abused, neglected, or dependent child or because the individual was 
adjudicated for an offense;
(ii)
(A)
who is at least 18 years old and younger than 25 years old; and
(B)
whose case is under the jurisdiction of the juvenile court in accordance with 
Subsection 
78A-6-103
(1)(b); or
(iii)
(A)
who is at least 18 years old and younger than 21 years old; and
(B)
whose case is under the jurisdiction of the juvenile court in accordance with 
Subsection 
78A-6-103
(1)(c).
(55)
"Mobile crisis outreach team" means the same as that term is defined in Section 
26B-5-101
.
(56)
"Molestation" means that an individual, with the intent to arouse or gratify the sexual 
desire of any individual, touches the anus, buttocks, pubic area, or genitalia of any child, 
or the breast of a female child, or takes indecent liberties with a child as defined in 
Section 
76-5-401.1
.
(57)
(a)
"Natural parent" means, except as provided in Section 
80-3-302
, a minor's 
biological or adoptive parent.
(b)
"Natural parent" includes the minor's noncustodial parent.
(58)
(a)
"Neglect" means action or inaction causing:
(i)
abandonment of a child, except as provided in Chapter 4, Part 5, Safe 
Relinquishment of a Newborn Child;
(ii)
lack of proper parental care of a child by reason of the fault or habits of the 
parent, guardian, or custodian;
(iii)
failure or refusal of a parent, guardian, or custodian to provide proper or 
necessary subsistence or medical care, or any other care necessary for the child's 
health, safety, morals, or well-being;
(iv)
a child to be at risk of being neglected or abused because another child in the 
same home is neglected or abused;
(v)
abandonment of a child through an unregulated child custody transfer under 
Section 
78B-24-203
; or
(vi)
educational neglect.
(b)
"Neglect" does not include:
(i)
a parent or guardian legitimately practicing religious beliefs and who, for that 
reason, does not provide specified medical treatment for a child;
(ii)
a health care decision made for a child by the child's parent or guardian, unless 
the state or other party to a proceeding shows, by clear and convincing evidence, 
that the health care decision is not reasonable and informed;
(iii)
a parent or guardian exercising the right described in Section 
80-3-304
; or
(iv)
permitting a child, whose basic needs are met and who is of sufficient age and 
maturity to avoid harm or unreasonable risk of harm, to engage in independent 
activities, including:
(A)
traveling to and from school, including by walking, running, or bicycling;
(B)
traveling to and from nearby commercial or recreational facilities;
(C)
engaging in outdoor play;
(D)
remaining in a vehicle unattended, except under the conditions described in 
Subsection 
76-10-2202
(2)
76-5-115(2)
;
(E)
remaining at home unattended; or
(F)
engaging in a similar independent activity.
(59)
"Neglected child" means a child who has been subjected to neglect.
(60)
"Nonjudicial adjustment" means closure of the case by the assigned juvenile probation 
officer, without an adjudication of the minor's case under Section 
80-6-701
, upon the 
consent in writing of:
(a)
the assigned juvenile probation officer; and
(b)
(i)
the minor; or
(ii)
the minor and the minor's parent, guardian, or custodian.
(61)
"Not competent to proceed" means that a minor, due to a mental illness, intellectual 
disability or related condition, or developmental immaturity, lacks the ability to:
(a)
understand the nature of the proceedings against the minor or of the potential 
disposition for the offense charged; or
(b)
consult with counsel and participate in the proceedings against the minor with a 
reasonable degree of rational understanding.
(62)
"Parole" means a conditional release of a juvenile offender from residency in secure 
care to live outside of secure care under the supervision of the Division of Juvenile 
Justice and Youth Services, or another person designated by the Division of Juvenile 
Justice and Youth Services.
(63)
"Physical abuse" means abuse that results in physical injury or damage to a child.
(64)
(a)
"Probation" means a legal status created by court order, following an 
adjudication under Section 
80-6-701
, whereby the minor is permitted to remain in the 
minor's home under prescribed conditions.
(b)
"Probation" includes intake probation or formal probation.
(65)
"Prosecuting attorney" means:
(a)
the attorney general and any assistant attorney general;
(b)
any district attorney or deputy district attorney;
(c)
any county attorney or assistant county attorney; and
(d)
any other attorney authorized to commence an action on behalf of the state.
(66)
"Protective custody" means the shelter of a child by the Division of Child and Family 
Services from the time the child is removed from the home until the earlier of:
(a)
the day on which the shelter hearing is held under Section 
80-3-301
; or
(b)
the day on which the child is returned home.
(67)
"Protective services" means expedited services that are provided:
(a)
in response to evidence of neglect, abuse, or dependency of a child;
(b)
to a cohabitant who is neglecting or abusing a child, in order to:
(i)
help the cohabitant develop recognition of the cohabitant's duty of care and of the 
causes of neglect or abuse; and
(ii)
strengthen the cohabitant's ability to provide safe and acceptable care; and
(c)
in cases where the child's welfare is endangered:
(i)
to bring the situation to the attention of the appropriate juvenile court and law 
enforcement agency;
(ii)
to cause a protective order to be issued for the protection of the child, when 
appropriate; and
(iii)
to protect the child from the circumstances that endanger the child's welfare 
including, when appropriate:
(A)
removal from the child's home;
(B)
placement in substitute care; and
(C)
petitioning the court for termination of parental rights.
(68)
"Protective supervision" means a legal status created by court order, following an 
adjudication on the ground of abuse, neglect, or dependency, whereby:
(a)
the minor is permitted to remain in the minor's home; and
(b)
supervision and assistance to correct the abuse, neglect, or dependency is provided 
by an agency designated by the juvenile court.
(69)
(a)
"Related condition" means a condition that:
(i)
is found to be closely related to intellectual disability;
(ii)
results in impairment of general intellectual functioning or adaptive behavior 
similar to that of an intellectually disabled individual;
(iii)
is likely to continue indefinitely; and
(iv)
constitutes a substantial limitation to the individual's ability to function in society.
(b)
"Related condition" does not include mental illness, psychiatric impairment, or 
serious emotional or behavioral disturbance.
(70)
(a)
"Residual parental rights and duties" means the rights and duties remaining with 
a parent after legal custody or guardianship, or both, have been vested in another 
person or agency, including:
(i)
the responsibility for support;
(ii)
the right to consent to adoption;
(iii)
the right to determine the child's religious affiliation; and
(iv)
the right to reasonable parent-time unless restricted by the court.
(b)
If no guardian has been appointed, "residual parental rights and duties" includes the 
right to consent to:
(i)
marriage;
(ii)
enlistment; and
(iii)
major medical, surgical, or psychiatric treatment.
(71)
"Runaway" means a child, other than an emancipated child, who willfully leaves the 
home of the child's parent or guardian, or the lawfully prescribed residence of the child, 
without permission.
(72)
"Secure care" means placement of a minor, who is committed to the Division of 
Juvenile Justice and Youth Services for rehabilitation, in a facility operated by, or under 
contract with, the Division of Juvenile Justice and Youth Services, that provides 24-hour 
supervision and confinement of the minor.
(73)
"Secure care facility" means a facility, established in accordance with Section 
80-5-503
, 
for juvenile offenders in secure care.
(74)
"Secure detention" means temporary care of a minor who requires secure custody in a 
physically restricting facility operated by, or under contract with, the Division of 
Juvenile Justice and Youth Services:
(a)
before disposition of an offense that is alleged to have been committed by the minor; 
or
(b)
under Section 
80-6-704
.
(75)
"Serious youth offender" means an individual who:
(a)
is at least 14 years old, but under 25 years old;
(b)
committed a felony listed in Subsection 
80-6-503
(1) and the continuing jurisdiction 
of the juvenile court was extended over the individual's case until the individual was 
25 years old in accordance with Section 
80-6-605
; and
(c)
is committed by the juvenile court to the Division of Juvenile Justice and Youth 
Services for secure care under Sections 
80-6-703
 and 
80-6-705
.
(76)
"Severe abuse" means abuse that causes or threatens to cause serious harm to a child.
(77)
"Severe neglect" means neglect that causes or threatens to cause serious harm to a 
child.
(78)
(a)
"Severe type of child abuse or neglect" means, except as provided in Subsection 
(78)(b):
(i)
if committed by an individual who is 18 years old or older:
(A)
chronic abuse;
(B)
severe abuse;
(C)
sexual abuse;
(D)
sexual exploitation;
(E)
abandonment;
(F)
chronic neglect; or
(G)
severe neglect; or
(ii)
if committed by an individual who is under 18 years old:
(A)
causing serious physical injury, as defined in Subsection 
76-5-109
(1), to 
another child that indicates a significant risk to other children; or
(B)
sexual behavior with or upon another child that indicates a significant risk to 
other children.
(b)
"Severe type of child abuse or neglect" does not include:
(i)
the use of reasonable and necessary physical restraint by an educator in 
accordance with Subsection 
53G-8-302
(2) or Section 
76-2-401
;
(ii)
an individual's conduct that is justified under Section 
76-2-401
 or constitutes the 
use of reasonable and necessary physical restraint or force in self-defense or 
otherwise appropriate to the circumstances to obtain possession of a weapon or 
other dangerous object in the possession or under the control of a child or to 
protect the child or another individual from physical injury; or
(iii)
a health care decision made for a child by a child's parent or guardian, unless, 
subject to Subsection (78)(c), the state or other party to the proceeding shows, by 
clear and convincing evidence, that the health care decision is not reasonable and 
informed.
(c)
Subsection (78)(b)(iii) does not prohibit a parent or guardian from exercising the 
right to obtain a second health care opinion.
(79)
(a)
"Sexual abuse" means:
(a)
(i)
an act or attempted act of sexual intercourse, sodomy, incest, or molestation 
by an adult directed towards a child;
(b)
(ii)
an act or attempted act of sexual intercourse, sodomy, incest, or molestation 
committed by a child towards another child if:
(i)
(A)
there is an indication of force or coercion;
(ii)
(B)
the children are related, as described in Subsection (39), including 
siblings by marriage while the marriage exists or by adoption;
(iii)
(C)
there have been repeated incidents of sexual contact between the two 
children, unless the children are 14 years old or older; or
(iv)
(D)
there is a disparity in chronological age of four or more years between 
the two children;
(c)
(iii)
engaging in any conduct with a child that would constitute an offense under 
any of the following, regardless of whether the individual who engages in the 
conduct is actually charged with, or convicted of, the offense:
(i)
(A)
Title 76, Chapter 5, Part 4, Sexual Offenses
, except for Section 
76-5-401
, 
if the alleged perpetrator of an offense described in Section 
76-5-401
 is a minor
;
(ii)
(B)
child bigamy, Section 
76-7-101.5
;
(iii)
(C)
incest, Section 
76-7-102
;
(iv)
lewdness, Section 
76-9-702
;
(v)
sexual battery, Section 
76-9-702.1
;
(vi)
lewdness involving a child, Section 
76-9-702.5
; or
(vii)
(D)
voyeurism, Section 
76-9-702.7
76-12-306
;
(E)
recorded or photographed voyeurism, Section 
76-12-307
; or
(F)
distribution of images obtained through voyeurism, Section 
76-12-308
; or
(d)
(iv)
subjecting a child to participate in or threatening to subject a child to 
participate in a sexual relationship, regardless of whether that sexual relationship 
is part of a legal or cultural marriage.
(b)
"Sexual abuse" does not include engaging in any conduct with a child that would 
constitute an offense described in:
(i)
Section 
76-5-401
, unlawful sexual activity with a minor, if the alleged perpetrator 
of the offense is a minor; or
(ii)
Section 
76-5-417
, enticing a minor.
(80)
"Sexual exploitation" means knowingly:
(a)
employing, using, persuading, inducing, enticing, or coercing any child to:
(i)
pose in the nude for the purpose of sexual arousal of any individual; or
(ii)
engage in any sexual or simulated sexual conduct for the purpose of 
photographing, filming, recording, or displaying in any way the sexual or 
simulated sexual conduct;
(b)
displaying, distributing, possessing for the purpose of distribution, or selling material 
depicting a child:
(i)
in the nude, for the purpose of sexual arousal of any individual; or
(ii)
engaging in sexual or simulated sexual conduct; or
(c)
engaging in any conduct that would constitute an offense under Section 
76-5b-201
, 
sexual exploitation of a minor, or Section 
76-5b-201.1
, aggravated sexual 
exploitation of a minor, regardless of whether the individual who engages in the 
conduct is actually charged with, or convicted of, the offense.
(81)
"Shelter" means the temporary care of a child in a physically unrestricted facility 
pending a disposition or transfer to another jurisdiction.
(82)
"Shelter facility" means a nonsecure facility that provides shelter for a minor.
(83)
"Significant risk" means a risk of harm that is determined to be significant in 
accordance with risk assessment tools and rules established by the Division of Child and 
Family Services in accordance with Title 63G, Chapter 3, Utah Administrative 
Rulemaking Act, that focus on:
(a)
age;
(b)
social factors;
(c)
emotional factors;
(d)
sexual factors;
(e)
intellectual factors;
(f)
family risk factors; and
(g)
other related considerations.
(84)
"Single criminal episode" means the same as that term is defined in Section 
76-1-401
.
(85)
"Status offense" means an offense that would not be an offense but for the age of the 
offender.
(86)
"Substance abuse" means, except as provided in Section 
80-2-603
, the misuse or 
excessive use of alcohol or other drugs or substances.
(87)
"Substantiated" or "substantiation" means a judicial finding based on a preponderance 
of the evidence, and separate consideration of each allegation made or identified in the 
case, that abuse, neglect, or dependency occurred .
(88)
"Substitute care" means:
(a)
the placement of a minor in a family home, group care facility, or other placement 
outside the minor's own home, either at the request of a parent or other responsible 
relative, or upon court order, when it is determined that continuation of care in the 
minor's own home would be contrary to the minor's welfare;
(b)
services provided for a minor in the protective custody of the Division of Child and 
Family Services, or a minor in the temporary custody or custody of the Division of 
Child and Family Services, as those terms are defined in Section 
80-2-102
; or
(c)
the licensing and supervision of a substitute care facility.
(89)
"Supported" means a finding by the Division of Child and Family Services based on 
the evidence available at the completion of an investigation, and separate consideration 
of each allegation made or identified during the investigation, that there is a reasonable 
basis to conclude that abuse, neglect, or dependency occurred.
(90)
"Termination of parental rights" means the permanent elimination of all parental rights 
and duties, including residual parental rights and duties, by court order.
(91)
"Therapist" means:
(a)
an individual employed by a state division or agency for the purpose of conducting 
psychological treatment and counseling of a minor in the division's or agency's 
custody; or
(b)
any other individual licensed or approved by the state for the purpose of conducting 
psychological treatment and counseling.
(92)
"Threatened harm" means actions, inactions, or credible verbal threats, indicating that 
the child is at an unreasonable risk of harm or neglect.
(93)
"Ungovernable" means a child in conflict with a parent or guardian, and the conflict:
(a)
results in behavior that is beyond the control or ability of the child, or the parent or 
guardian, to manage effectively;
(b)
poses a threat to the safety or well-being of the child, the child's family, or others; or
(c)
results in the situations described in Subsections (93)(a) and (b).
(94)
"Unsubstantiated" means a judicial finding that there is insufficient evidence to 
conclude that abuse, neglect, or dependency occurred.
(95)
"Unsupported" means a finding by the Division of Child and Family Services at the 
completion of an investigation, after the day on which the Division of Child and Family 
Services concludes the alleged abuse, neglect, or dependency is not without merit, that 
there is insufficient evidence to conclude that abuse, neglect, or dependency occurred.
(96)
"Validated risk and needs assessment" means an evidence-based tool that assesses a 
minor's risk of reoffending and a minor's criminogenic needs.
(97)
"Without merit" means a finding at the completion of an investigation by the Division 
of Child and Family Services, or a judicial finding, that the alleged abuse, neglect, or 
dependency did not occur, or that the alleged perpetrator was not responsible for the 
abuse, neglect, or dependency.
(98)
"Youth offender" means an individual who is:
(a)
at least 12 years old, but under 21 years old; and
(b)
committed by the juvenile court to the Division of Juvenile Justice and Youth 
Services for secure care under Sections 
80-6-703
 and 
80-6-705
.
Section 520, Section 
80-2-301
 is amended to read:
80-2-301
. Division responsibilities.
(1)
The division is the child, youth, and family services authority of the state.
(2)
The division shall:
(a)
administer services to minors and families, including:
(i)
child welfare services;
(ii)
domestic violence services; and
(iii)
all other responsibilities that the Legislature or the executive director of the 
department may assign to the division;
(b)
provide the following services:
(i)
financial and other assistance to an individual adopting a child with special needs 
under Sections 
80-2-806
 through 
80-2-809
, not to exceed the amount the division 
would provide for the child as a legal ward of the state;
(ii)
non-custodial and in-home services in accordance with Section 
80-2-306
, 
including:
(A)
services designed to prevent family break-up; and
(B)
family preservation services;
(iii)
reunification services to families whose children are in substitute care in 
accordance with this chapter, Chapter 2a, Removal and Protective Custody of a 
Child, and Chapter 3, Abuse, Neglect, and Dependency Proceedings;
(iv)
protective supervision of a family, upon court order, in an effort to eliminate 
abuse or neglect of a child in that family;
(v)
shelter care in accordance with this chapter, Chapter 2a, Removal and Protective 
Custody of a Child, and Chapter 3, Abuse, Neglect, and Dependency Proceedings;
(vi)
domestic violence services, in accordance with the requirements of federal law;
(vii)
protective services to victims of domestic violence and the victims' children, in 
accordance with this chapter, Chapter 2a, Removal and Protective Custody of a 
Child, and Chapter 3, Abuse, Neglect, and Dependency Proceedings;
(viii)
substitute care for dependent, abused, and neglected children;
(ix)
services for minors who are victims of human trafficking or human smuggling, 
as described in Sections 
76-5-308
 through 
76-5-310.1
, or who have engaged in 
prostitution or sexual solicitation, as defined in Sections 
76-10-1302
76-5d-202
and 
76-10-1313
76-5d-210
; 
and
(x)
training for staff and providers involved in the administration and delivery of 
services offered by the division in accordance with this chapter and Chapter 2a, 
Removal and Protective Custody of a Child;
(c)
establish standards for all:
(i)
contract providers of out-of-home care for minors and families;
(ii)
facilities that provide substitute care for dependent, abused, or neglected children 
placed in the custody of the division; and
(iii)
direct or contract providers of domestic violence services described in 
Subsection (2)(b)(vi);
(d)
have authority to:
(i)
contract with a private, nonprofit organization to recruit and train foster care 
families and child welfare volunteers in accordance with Section 
80-2-405
; 
(ii)
approve facilities that meet the standards established under Subsection (2)(c) to 
provide substitute care for dependent, abused, or neglected children placed in the 
custody of the division; and
(iii)
approve an individual to provide short-term relief care to a foster parent if the 
individual:
(A)
provides the relief care for less than six consecutive nights;
(B)
provides the relief care in the short-term relief care provider's home;
(C)
is direct access qualified, as that term is defined in Section 
26B-2-120
; and
(D)
is an immediate family member or relative, as those terms are defined in 
Section 
80-3-102
, of the foster parent;
(e)
cooperate with the federal government in the administration of child welfare and 
domestic violence programs and other human service activities assigned by the 
department;
(f)
in accordance with Subsection (5)(a), promote and enforce state and federal laws 
enacted for the protection of abused, neglected, or dependent children, in accordance 
with this chapter and Chapter 2a, Removal and Protective Custody of a Child, unless 
administration is expressly vested in another division or department of the state;
(g)
cooperate with the Workforce Development Division within the Department of 
Workforce Services in meeting the social and economic needs of an individual who is 
eligible for public assistance;
(h)
compile relevant information, statistics, and reports on child and family service 
matters in the state;
(i)
prepare and submit to the department, the governor, and the Legislature reports of the 
operation and administration of the division in accordance with the requirements of 
Sections 
80-2-1102
 and 
80-2-1103
;
(j)
within appropriations from the Legislature, provide or contract for a variety of 
domestic violence services and treatment methods;
(k)
enter into contracts for programs designed to reduce the occurrence or recurrence of 
abuse and neglect in accordance with Section 
80-2-503
;
(l)
seek reimbursement of funds the division expends on behalf of a child in the 
protective custody, temporary custody, or custody of the division, from the child's 
parent or guardian in accordance with an order for child support under Section 
78A-6-356
;
(m)
ensure regular, periodic publication, including electronic publication, regarding the 
number of children in the custody of the division who:
(i)
have a permanency goal of adoption; or
(ii)
have a final plan of termination of parental rights, under Section 
80-3-409
, and 
promote adoption of the children;
(n)
subject to Subsections (5) and (7), refer an individual receiving services from the 
division to the local substance abuse authority or other private or public resource for 
a court-ordered drug screening test;
(o)
report before November 30, 2020, and every third year thereafter, to the Social 
Services Appropriations Subcommittee regarding:
(i)
the daily reimbursement rate that is provided to licensed foster parents based on 
level of care;
(ii)
the amount of money spent on daily reimbursements for licensed foster parents 
during the previous fiscal year; and
(iii)
any recommended changes to the division's budget to support the daily 
reimbursement rates described in Subsection (2)(o)(i); 
(p)
when a division child welfare caseworker identifies a safety concern with the foster 
home, cooperate with the Office of Licensing and make a recommendation to the 
Office of Licensing concerning whether the foster home's license should be placed on 
conditions, suspended, or revoked; and
(q)
perform other duties and functions required by law.
(3)
(a)
The division may provide, directly or through contract, services that include the 
following:
(i)
adoptions;
(ii)
day-care services;
(iii)
out-of-home placements for minors;
(iv)
health-related services;
(v)
homemaking services;
(vi)
home management services;
(vii)
protective services for minors;
(viii)
transportation services; or
(ix)
domestic violence services.
(b)
The division shall monitor services provided directly by the division or through 
contract to ensure compliance with applicable law and rules made in accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(c)
(i)
Except as provided in Subsection (3)(c)(ii), if the division provides a service 
through a private contract, the division shall post the name of the service provider 
on the division's website.
(ii)
Subsection (3)(c)(i) does not apply to a foster parent placement.
(4)
(a)
The division may:
(i)
receive gifts, grants, devises, and donations;
(ii)
encourage merchants and service providers to:
(A)
donate goods or services; or
(B)
provide goods or services at a nominal price or below cost;
(iii)
distribute goods to applicants or consumers of division services free or for a 
nominal charge and tax free; and
(iv)
appeal to the public for funds to meet needs of applicants or consumers of 
division services that are not otherwise provided by law, including Sub-for-Santa 
programs, recreational programs for minors, and requests for household 
appliances and home repairs.
(b)
If requested by the donor and subject to state and federal law, the division shall use a 
gift, grant, devise, donation, or proceeds from the gift, grant, devise, or donation for 
the purpose requested by the donor.
(5)
(a)
In carrying out the requirements of Subsection (2)(f), the division shall:
(i)
cooperate with the juvenile courts, the Division of Juvenile Justice and Youth 
Services, and with all public and private licensed child welfare agencies and 
institutions to develop and administer a broad range of services and support;
(ii)
take the initiative in all matters involving the protection of abused or neglected 
children, if adequate provisions have not been made or are not likely to be made; 
and
(iii)
make expenditures necessary for the care and protection of the children described 
in Subsection (5)(a)(ii), within the division's budget.
(b)
If an individual is referred to a local substance abuse authority or other private or 
public resource for court-ordered drug screening under Subsection (2)(n), the court 
shall order the individual to pay all costs of the tests unless:
(i)
the cost of the drug screening is specifically funded or provided for by other 
federal or state programs;
(ii)
the individual is a participant in a drug court; or
(iii)
the court finds that the individual is an indigent individual.
(6)
Except to the extent provided by rules made in accordance with Title 63G, Chapter 3, 
Utah Administrative Rulemaking Act, the division is not required to investigate 
domestic violence in the presence of a child, as described in Section 
76-5-114
.
(7)
(a)
Except as provided in Subsection (7)(b), the division may not:
(i)
require a parent who has a child in the custody of the division to pay for some or 
all of the cost of any drug testing the parent is required to undergo; or
(ii)
refer an individual who is receiving services from the division for drug testing by 
means of a hair, fingernail, or saliva test that is administered to detect the presence 
of drugs.
(b)
Notwithstanding Subsection (7)(a)(ii), the division may refer an individual who is 
receiving services from the division for drug testing by means of a saliva test if:
(i)
the individual consents to drug testing by means of a saliva test; or
(ii)
the court, based on a finding that a saliva test is necessary in the circumstances, 
orders the individual to complete drug testing by means of a saliva test.
Section 521, Section 
80-4-302
 is amended to read:
80-4-302
. Evidence of grounds for termination.
(1)
In determining whether a parent or parents have abandoned a child, it is prima facie 
evidence of abandonment that the parent or parents:
(a)
although having legal custody of the child, have surrendered physical custody of the 
child, and for a period of six months following the surrender have not manifested to 
the child or to the person having the physical custody of the child a firm intention to 
resume physical custody or to make arrangements for the care of the child;
(b)
have failed to communicate with the child by mail, telephone, or otherwise for six 
months;
(c)
failed to have shown the normal interest of a natural parent, without just cause; or
(d)
have abandoned an infant, as described in Section 
80-4-203
.
(2)
In determining whether a parent or parents are unfit or have neglected a child the 
juvenile court shall consider:
(a)
emotional illness, mental illness, or mental deficiency of the parent that renders the 
parent unable to care for the immediate and continuing physical or emotional needs 
of the child for extended periods of time;
(b)
conduct toward a child of a physically, emotionally, or sexually cruel or abusive 
nature;
(c)
habitual or excessive use of intoxicating liquors, controlled substances, or dangerous 
drugs that render the parent unable to care for the child;
(d)
repeated or continuous failure to provide the child with adequate food, clothing, 
shelter, education, or other care necessary for the child's physical, mental, and 
emotional health and development by a parent or parents who are capable of 
providing that care;
(e)
whether the parent is incarcerated as a result of conviction of a felony, and the 
sentence is of such length that the child will be deprived of a normal home for more 
than one year;
(f)
a history of violent behavior;
(g)
whether the parent has intentionally exposed the child to
:
(i)
pornography
;
 or 
(ii)
material harmful to a minor, as defined in Section 
76-10-1201
76-5c-101
; or
(h)
any other circumstance, conduct, or condition that the court considers relevant in the 
determination of whether a parent or parents are unfit or have neglected the child.
(3)
Notwithstanding Subsection 
(2)(c)
, the juvenile court may not discriminate against a 
parent because of or otherwise consider the parent's lawful possession or consumption of 
cannabis in a medicinal dosage form, a cannabis product, as those terms are defined in 
Section 
26B-4-201
 or a medical cannabis device, in accordance with 
Title 26B, Chapter 
4, Part 2, Cannabinoid Research and Medical Cannabis
.
(4)
A parent who, legitimately practicing the parent's religious beliefs, does not provide 
specified medical treatment for a child is not, for that reason alone, a negligent or unfit 
parent.
(5)
(a)
Notwithstanding Subsection 
(2)
, a parent may not be considered neglectful or 
unfit because of a health care decision made for a child by the child's parent unless 
the state or other party to the proceeding shows, by clear and convincing evidence, 
that the health care decision is not reasonable and informed.
(b)
Nothing in Subsection 
(5)(a)
 may prohibit a parent from exercising the right to 
obtain a second health care opinion.
(6)
If a child has been placed in the custody of the division and the parent or parents fail to 
comply substantially with the terms and conditions of a plan within six months after the 
date on which the child was placed or the plan was commenced, whichever occurs later, 
that failure to comply is evidence of failure of parental adjustment.
(7)
The following circumstances are prima facie evidence of unfitness:
(a)
sexual abuse, sexual exploitation, injury, or death of a sibling of the child, or of any 
child, due to known or substantiated abuse or neglect by the parent or parents;
(b)
conviction of a crime, if the facts surrounding the crime are of such a nature as to 
indicate the unfitness of the parent to provide adequate care to the extent necessary 
for the child's physical, mental, or emotional health and development;
(c)
a single incident of life-threatening or gravely disabling injury to or disfigurement of 
the child;
(d)
the parent has committed, aided, abetted, attempted, conspired, or solicited to 
commit murder or manslaughter of a child or child abuse homicide; or
(e)
the parent intentionally, knowingly, or recklessly causes the death of another parent 
of the child, without legal justification.
Section 522, Section 
80-6-103
 is amended to read:
80-6-103
. Notification to a school -- Civil and criminal liability.
(1)
As used in this section:
(a)
"School" means a school in a local education agency.
(b)
"Local education agency" means a school district, a charter school, or the Utah 
Schools for the Deaf and the Blind.
(c)
"School official" means the superintendent of a school district or the director of a 
charter school or designee in which the minor resides or attends school.
(d)
"Serious offense" means:
(i)
a violent felony as defined in Section 
76-3-203.5
;
(ii)
an offense that is a violation of 
Title 76, Chapter 6, Part 4, Theft
, and the property 
stolen is a firearm; or
(iii)
an offense that is a violation of 
Title 76, Chapter 10, Part 5
, Weapons
Title 76, 
Chapter 11, Weapons
.
(e)
"Transferee school official" means the superintendent of a school district or the 
director of a charter school or designee in which the minor resides or attends school if 
the minor is admitted to home detention.
(2)
A notification under this section is provided for a minor's supervision and student safety.
(3)
(a)
If a minor is taken into temporary custody under Section 
80-6-201
 for a serious 
offense, the peace officer, or other person who has taken the minor into temporary 
custody, shall notify a school official within five days after the day on which the 
minor is taken into temporary custody.
(b)
A notification under this Subsection (3) shall only disclose:
(i)
the name of the minor;
(ii)
the offense for which the minor was taken into temporary custody or admitted to 
detention; and
(iii)
if available, the name of the victim if the victim resides in the same school 
district as the minor or attends the same school as the minor.
(4)
After a detention hearing for a minor who is alleged to have committed a serious 
offense, the juvenile court shall order a juvenile probation officer to notify a school 
official, or a transferee school official, and the appropriate local law enforcement agency 
of the juvenile court's decision, including any disposition, order, or no-contact order.
(5)
If a designated staff member of a detention facility admits a minor to home detention 
under Section 
80-6-205
 and notifies the juvenile court of that admission, the juvenile 
court shall order a juvenile probation officer to notify a school official, or a transferee 
school official, and the appropriate local law enforcement agency that the minor has 
been admitted to home detention.
(6)
(a)
If the juvenile court adjudicates a minor for a serious offense, the juvenile court 
shall order a juvenile probation officer to notify a school official, or a transferee 
school official, of the adjudication.
(b)
A notification under this Subsection (6) shall be given to a school official, or a 
transferee school official, within three days after the day on which the minor is 
adjudicated.
(c)
A notification under this section shall include:
(i)
the name of the minor;
(ii)
the offense for which the minor was adjudicated; and
(iii)
if available, the name of the victim if the victim:
(A)
resides in the same school district as the minor; or
(B)
attends the same school as the minor.
(7)
If the juvenile court orders formal probation under Section 
80-6-702
, the juvenile court 
shall order a juvenile probation officer to notify the appropriate local law enforcement 
agency and the school official of the juvenile court's order for formal probation.
(8)
(a)
An employee of the local law enforcement agency, or the school the minor 
attends, who discloses a notification under this section is not:
(i)
civilly liable except when the disclosure constitutes fraud or willful misconduct as 
provided in Section 
63G-7-202
; and
(ii)
civilly or criminally liable except when the disclosure constitutes a knowing 
violation of Section 
63G-2-801
.
(b)
An employee of a governmental agency is immune from any criminal liability for 
failing to provide the information required by this section, unless the employee fails 
to act due to malice, gross negligence, or deliberate indifference to the consequences.
(9)
(a)
A notification under this section shall be classified as a protected record under 
Section 
63G-2-305
.
(b)
All other records of disclosures under this section are governed by 
Title 63G, 
Chapter 2, Government Records Access and Management Act
, and the Family 
Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g.
Section 523, Section 
80-6-104
 is amended to read:
80-6-104
. Data collection on offenses committed by minors -- Reporting 
requirement.
(1)
As used in this section:
(a)
"Firearm" means the same as that term is defined in Section 
76-10-501
76-11-101
.
(b)
"Firearm-related offense" means a criminal offense involving a firearm.
(c)
"School is in session" means the same as that term is defined in Section 
53E-3-516
.
(d)
"School-sponsored activity" means the same as that term is defined in Section 
53E-3-516
.
(2)
Before July 1 of each year, the Administrative Office of the Courts shall submit the 
following data to the State Commission on Criminal and Juvenile Justice, broken down 
by judicial district, for the preceding calendar year:
(a)
the number of referrals to the juvenile court;
(b)
the number of minors diverted to a nonjudicial adjustment;
(c)
the number of minors that satisfy the conditions of a nonjudicial adjustment;
(d)
the number of minors for whom a petition for an offense is filed in the juvenile court;
(e)
the number of minors for whom an information is filed in the juvenile court;
(f)
the number of minors bound over to the district court by the juvenile court;
(g)
the number of petitions for offenses committed by minors that were dismissed by the 
juvenile court;
(h)
the number of adjudications in the juvenile court for offenses committed by minors;
(i)
the number of guilty pleas entered into by minors in the juvenile court;
(j)
the number of dispositions resulting in secure care, community-based placement, 
formal probation, and intake probation; and
(k)
for each minor charged in the juvenile court with a firearm-related offense:
(i)
the minor's age at the time the offense was committed or allegedly committed;
(ii)
the minor's zip code at the time that the offense was referred to the juvenile court;
(iii)
whether the minor is a restricted person under Subsection 
76-10-503
(1)(a)(iv) or 
(1)(b)(iii)
76-11-302(1)(a)(iv)
 or (1)(b)(iii)
;
(iv)
the type of offense for which the minor is charged;
(v)
the outcome of the minor's case in juvenile court, including whether the minor 
was bound over to the district court or adjudicated by the juvenile court; and
(vi)
if a disposition was entered by the juvenile court, whether the disposition 
resulted in secure care, community-based placement, formal probation, or intake 
probation.
(3)
The State Commission on Criminal and Juvenile Justice shall track the disposition of a 
case resulting from a firearm-related offense committed, or allegedly committed, by a 
minor when the minor is found in possession of a firearm while school is in session or 
during a school-sponsored activity.
(4)
In collaboration with the Administrative Office of the Courts, the division, and other 
agencies, the State Commission on Criminal and Juvenile Justice shall collect data for 
the preceding calendar year on:
(a)
the length of time that minors spend in the juvenile justice system, including the total 
amount of time minors spend under juvenile court jurisdiction, on community 
supervision, and in each out-of-home placement;
(b)
recidivism of minors who are diverted to a nonjudicial adjustment and minors for 
whom dispositions are ordered by the juvenile court, including tracking minors into 
the adult corrections system;
(c)
changes in aggregate risk levels from the time minors receive services, are under 
supervision, and are in out-of-home placement; and
(d)
dosages of programming.
(5)
On and before October 1 of each year, the State Commission on Criminal and Juvenile 
Justice shall prepare and submit a written report to the Judiciary Interim Committee and 
the Law Enforcement and Criminal Justice Interim Committee that includes:
(a)
data collected by the State Commission on Criminal and Juvenile Justice under this 
section;
(b)
data collected by the State Board of Education under Section 
53E-3-516
; and
(c)
recommendations for legislative action with respect to the data described in this 
Subsection (5).
(6)
After submitting the written report described in Subsection (5), the State Commission 
on Criminal and Juvenile Justice may supplement the report at a later time with updated 
data and information the State Board of Education collects under Section 
53E-3-516
.
(7)
Nothing in this section shall be construed to require the disclosure of information or 
data that is classified as controlled, private, or protected under Title 63G, Chapter 2, 
Government Records Access and Management Act.
Section 524, Section 
80-6-302
 is amended to read:
80-6-302
. Citation -- Procedure -- Time limits -- Failure to appear.
(1)
A petition is not required to commence a proceeding against a minor for an adjudication 
of an alleged offense if a citation is issued for an offense for which the juvenile court has 
jurisdiction over and the offense listed in the citation is for:
(a)
a violation of a wildlife law;
(b)
a violation of a boating law;
(c)
a class B or C misdemeanor or an infraction other than a misdemeanor or infraction:
(i)
for a traffic violation; or
(ii)
designated as a citable offense by general order of the Board of Juvenile Court 
Judges;
(d)
a class B misdemeanor or infraction for a traffic violation where the individual is 15 
years old or younger at the time the offense was alleged to have occurred;
(e)
an infraction or misdemeanor designated as a citable offense by a general order of the 
Board of Juvenile Court Judges; or
(f)
a violation of Subsection 
76-10-105(2)
76-9-1106(3)(b)
.
(2)
Except as provided in Subsection 
(6)
 and Section 
80-6-301
, a citation for an offense 
listed in Subsection 
(1)
 shall be submitted to the juvenile court within five days of 
issuance to a minor.
(3)
A copy of the citation shall contain:
(a)
the name and address of the juvenile court before which the minor may be required 
to appear;
(b)
the name of the minor cited;
(c)
the statute or local ordinance that the minor is alleged to have violated;
(d)
a brief description of the offense charged;
(e)
the date, time, and location at which the offense is alleged to have occurred;
(f)
the date the citation was issued;
(g)
the name and badge or identification number of the peace officer or public official 
who issued the citation;
(h)
the name of the arresting person if an arrest was made by a private party and the 
citation was issued in lieu of taking the minor into temporary custody as provided in 
Section 
80-6-201
;
(i)
a statement that the minor and the minor's parent or guardian are to appear when 
notified by the juvenile court; and
(j)
the signature of the minor and the minor's parent or guardian, if present, agreeing to 
appear at the juvenile court when notified by the court.
(4)
A copy of the citation shall contain space for the following information to be entered if 
known:
(a)
the minor's address;
(b)
the minor's date of birth;
(c)
the name and address of the child's custodial parent or guardian, if different from the 
child; and
(d)
if there is a victim, the victim's name, address, and an estimate of loss, except that 
this information shall be removed from the documents the minor receives.
(5)
A citation received by the juvenile court beyond the time designated in Subsection 
(2)
shall include a written explanation for the delay.
(6)
An offense alleged to have been committed by an enrolled child on school property, or 
related to school attendance, may only be referred to the prosecuting attorney or the 
juvenile court in accordance with Section 
53G-8-211
.
(7)
If a juvenile court receives a citation described in Subsection 
(1)
, a juvenile probation 
officer shall make a preliminary inquiry as to whether the minor is eligible for a 
nonjudicial adjustment in accordance with Subsection 
80-6-303.5(4)
.
(8)
(a)
Except as provided in Subsection 
(8)(b)
, if a citation is issued to a minor, a 
prosecuting attorney may commence a proceeding against a minor, without filing a 
petition, for an adjudication of the offense in the citation only if:
(i)
the minor is not eligible for, or does not complete, a nonjudicial adjustment; and
(ii)
the prosecuting attorney conducts an inquiry under Subsection 
(9)
.
(b)
Except as provided in Subsection 
80-6-305(2)
, a prosecuting attorney may not 
commence a proceeding against an individual for any offense listed in a citation 
alleged to have occurred before the individual was 12 years old.
(9)
The prosecuting attorney shall conduct an inquiry to determine, upon reasonable belief, 
that:
(a)
the charge listed in the citation is supported by probable cause;
(b)
admissible evidence will be sufficient to support adjudication beyond a reasonable 
doubt; and
(c)
the decision to charge is in the interests of justice.
(10)
If a proceeding is commenced against a minor under Subsection 
(8)(a)
, the minor shall 
appear at the juvenile court at a date and time established by the juvenile court.
(11)
If a minor willfully fails to appear before the juvenile court for a proceeding under 
Subsection 
(8)(a)
, the juvenile court may:
(a)
find the minor in contempt of court; and
(b)
proceed against the minor as provided in Section 
78A-6-353
.
(12)
If a proceeding is commenced under this section, the minor may remit a fine without a 
personal appearance before the juvenile court with the consent of:
(a)
the juvenile court; and
(b)
if the minor is a child, the parent or guardian of the child cited.
Section 525, Section 
80-6-303.5
 is amended to read:
80-6-303.5
. Preliminary inquiry by juvenile probation officer -- Eligibility for 
nonjudicial adjustment.
(1)
If the juvenile court receives a referral for an offense committed by a minor that is, or 
appears to be, within the juvenile court's jurisdiction, or for the minor being a habitual 
truant, a juvenile probation officer shall make a preliminary inquiry in accordance with 
this section to determine whether the minor is eligible to enter into a nonjudicial 
adjustment.
(2)
If a minor is referred to the juvenile court for multiple offenses arising from a single 
criminal episode, and the minor is eligible under this section for a nonjudicial 
adjustment, the juvenile probation officer shall offer the minor one nonjudicial 
adjustment for all offenses arising from the single criminal episode.
(3)
(a)
The juvenile probation officer may:
(i)
conduct a validated risk and needs assessment; and
(ii)
request that a prosecuting attorney review a referral in accordance with Section 
80-6-304.5
 if:
(A)
the results of the validated risk and needs assessment indicate the minor is 
high risk; or
(B)
the results of the validated risk and needs assessment indicate the minor is 
moderate risk and the referral is for a class A misdemeanor violation under
Sections 
76-9-112
, 
76-12-306
, 
76-12-307
, 
76-12-309
, or
 Title 76, Chapter 5, 
Offenses Against the Individual
, or Title 76, Chapter 9, Part 7, Miscellaneous 
Provisions
.
(b)
If the referral involves an offense that is a violation of Section 
41-6a-502
, the minor 
shall:
(i)
undergo a drug and alcohol screening;
(ii)
if found appropriate by the screening, participate in an assessment; and
(iii)
if warranted by the screening and assessment, follow the recommendations of the 
assessment.
(4)
Except for an offense that is not eligible under Subsection (8), the juvenile probation 
officer shall offer a nonjudicial adjustment to a minor if:
(a)
the minor:
(i)
is referred for an offense that is a misdemeanor, infraction, or status offense;
(ii)
has no more than two prior adjudications; and
(iii)
has no more than two prior unsuccessful nonjudicial adjustment attempts; 
(b)
the minor is referred for an offense that is alleged to have occurred before the minor 
was 12 years old; or
(c)
the minor is referred for being a habitual truant.
(5)
For purposes of determining a minor's eligibility for a nonjudicial adjustment under 
Subsection (4), the juvenile probation officer shall treat all offenses arising out of a 
single criminal episode that resulted in a nonjudicial adjustment as one prior nonjudicial 
adjustment.
(6)
For purposes of determining a minor's eligibility for a nonjudicial adjustment under 
Subsection (4), the juvenile probation officer shall treat all offenses arising out of a 
single criminal episode that resulted in one or more prior adjudications as a single 
adjudication.
(7)
Except for a referral that involves an offense described in Subsection (8), the juvenile 
probation officer may offer a nonjudicial adjustment to a minor who does not meet the 
criteria described in Subsection (4)(a).
(8)
The juvenile probation officer may not offer a minor a nonjudicial adjustment if the 
referral involves:
(a)
an offense alleged to have occurred when the minor was 12 years old or older that is:
(i)
a felony offense; or
(ii)
a misdemeanor violation of:
(A)
Section 
41-6a-502
, driving under the influence;
(B)
Section 
76-5-107
, threat of violence;
(C)
Section 
76-5-107.1
, threats against schools;
(D)
Section 
76-5-112
, reckless endangerment creating a substantial risk of death 
or serious bodily injury;
(E)
Section 
76-5-206
, negligent homicide;
(F)
Section 
76-9-702.1
76-5-418
, sexual battery;
(G)
Section 
76-10-505.5
76-11-204
, possession of a dangerous weapon, firearm, 
or short barreled shotgun on or about school premises;
(H)
Section 
76-10-506
76-11-205
, threatening with or using a dangerous weapon 
in fight or quarrel;
(I)
Section 
76-10-507
76-11-206
, possession of a deadly weapon with criminal 
intent; or
(J)
Section 
76-10-509.4
76-11-209
, possession of a dangerous weapon by a 
minor; or
(b)
an offense alleged to have occurred before the minor is 12 years old that is a felony 
violation of:
(i)
Section 
76-5-103
, aggravated assault resulting in serious bodily injury to another;
(ii)
Section 
76-5-202
, aggravated murder or attempted aggravated murder;
(iii)
Section 
76-5-203
, murder or attempted murder;
(iv)
Section 
76-5-302
, aggravated kidnapping;
(v)
Section 
76-5-405
, aggravated sexual assault;
(vi)
Section 
76-6-103
, aggravated arson;
(vii)
Section 
76-6-203
, aggravated burglary;
(viii)
Section 
76-6-302
, aggravated robbery; or
(ix)
Section 
76-10-508.1
76-11-208
, felony discharge of a firearm.
(9)
The juvenile probation officer shall request that a prosecuting attorney review a referral 
if:
(a)
the referral involves an offense described in Subsection (8); or
(b)
the minor has a current suspended order for custody under Section 
80-6-711
.
Section 526, Section 
80-6-304
 is amended to read:
80-6-304
. Nonjudicial adjustments.
(1)
For a nonjudicial adjustment, the juvenile probation officer may require a minor to:
(a)
pay a financial penalty of no more than $250 to the juvenile court, subject to the 
terms established under Subsection 
(4)
;
(b)
pay restitution to any victim;
(c)
complete community or compensatory service;
(d)
attend counseling or treatment with an appropriate provider;
(e)
attend substance abuse treatment or counseling;
(f)
comply with specified restrictions on activities or associations;
(g)
attend victim-offender mediation if requested by the victim; and
(h)
comply with any other reasonable action that is in the interest of the minor, the 
community, or the victim.
(2)
(a)
Within seven days of receiving a referral that appears to be eligible for a 
nonjudicial adjustment in accordance with Section 
80-6-303.5
, the juvenile probation 
officer shall provide an initial notice to reasonably identifiable and locatable victims 
of the offense contained in the referral.
(b)
The victim shall be responsible to provide to the juvenile probation officer upon 
request:
(i)
invoices, bills, receipts, and any other evidence of injury, loss of earnings, and 
out-of-pocket loss;
(ii)
documentation and evidence of compensation or reimbursement from an 
insurance company or an agency of the state, any other state, or the federal 
government received as a direct result of the crime for injury, loss of earnings, or 
out-of-pocket loss; and
(iii)
proof of identification, including home and work address and telephone numbers.
(c)
The inability, failure, or refusal of the victim to provide all or part of the requested 
information shall result in the juvenile probation officer determining restitution based 
on the best information available.
(3)
The juvenile probation officer may not predicate acceptance of an offer of a nonjudicial 
adjustment on an admission of guilt.
(4)
(a)
The juvenile probation officer may not deny a minor an offer of a nonjudicial 
adjustment due to a minor's inability to pay a financial penalty under Subsection 
(1)
.
(b)
The juvenile probation officer shall base a fee, fine, or the restitution for a 
nonjudicial adjustment under Subsection 
(1)
 upon the ability of the minor's family to 
pay as determined by a statewide sliding scale developed in accordance with Section 
63M-7-208
.
(5)
(a)
A nonjudicial adjustment may not extend for more than 90 days, unless a juvenile 
court judge extends the nonjudicial adjustment for an additional 90 days.
(b)
A juvenile court judge may extend a nonjudicial adjustment beyond the 180 days 
permitted under Subsection 
(5)(a)
:
(i)
for a minor who is:
(A)
offered a nonjudicial adjustment for a sexual offense under 
Title 76, Chapter 
5, Part 4, Sexual Offenses
, that the minor committed before the minor was 12 
years old
, other than an offense under Section 
76-5-417
, 
76-5-418
, 
76-5-419
, 
or 
76-5-420
; or
(B)
referred to a prosecuting attorney for a sexual offense under 
Title 76, Chapter 
5, Part 4, Sexual Offenses
, that the minor committed before the minor was 12 
years old
, other than an offense under Section 
76-5-417
, 
76-5-418
, 
76-5-419
, 
or 
76-5-420
; and
(ii)
the judge determines that:
(A)
the nonjudicial adjustment requires specific treatment for the sexual offense;
(B)
the treatment cannot be completed within 180 days after the day on which the 
minor entered into the nonjudicial adjustment; and
(C)
the treatment is necessary based on a clinical assessment that is 
developmentally appropriate for the minor.
(c)
If a juvenile court judge extends a minor's nonjudicial adjustment under Subsection 
(5)(b)
, the judge may extend the nonjudicial adjustment until the minor completes the 
specific treatment, but the judge may only grant each extension for 90 days at a time.
(6)
If a minor violates Section 
76-10-105
76-9-1106
, the minor may be required to pay a 
fine or penalty and participate in a court-approved tobacco education program with a 
participation fee.
Section 527, Section 
80-6-305
 is amended to read:
80-6-305
. Petition for a delinquency proceeding -- Amending a petition -- 
Continuance.
(1)
A prosecuting attorney shall file a petition, in accordance with Utah Rules of Juvenile 
Procedure, Rule 17, to commence a proceeding against a minor for an adjudication of an 
alleged offense, except as provided in:
(a)
Subsection 
(2)
;
(b)
Section 
80-6-302
;
(c)
Section 
80-6-502
; and
(d)
Section 
80-6-503
.
(2)
A prosecuting attorney may not file a petition under Subsection 
(1)
 against an individual 
for an offense alleged to have occurred before the individual was 12 years old, unless:
(a)
the individual is alleged to have committed a felony violation of:
(i)
Section 
76-5-103
, aggravated assault resulting in serious bodily injury to another;
(ii)
Section 
76-5-202
, aggravated murder or attempted aggravated murder;
(iii)
Section 
76-5-203
, murder or attempted murder;
(iv)
Section 
76-5-302
, aggravated kidnapping;
(v)
Section 
76-5-405
, aggravated sexual assault;
(vi)
Section 
76-6-103
, aggravated arson;
(vii)
Section 
76-6-203
, aggravated burglary;
(viii)
Section 
76-6-302
, aggravated robbery; or
(ix)
Section 
76-10-508.1
76-11-208
, felony discharge of a firearm; or
(b)
an offer for a nonjudicial adjustment is made under Section 
80-6-303.5
 and the 
minor:
(i)
declines to accept the offer for the nonjudicial adjustment; or
(ii)
fails to substantially comply with the conditions agreed upon as part of the 
nonjudicial adjustment.
(3)
A juvenile court may dismiss a petition under this section at any stage of the 
proceedings.
(4)
(a)
When evidence is presented during any proceeding in a minor's case that points to 
material facts not alleged in the petition, the juvenile court may consider the 
additional or different material facts raised by the evidence if the parties consent.
(b)
The juvenile court, on a motion from any interested party or on the court's own 
motion, shall direct that the petition be amended to conform to the evidence.
(c)
If an amended petition under Subsection 
(4)(b)
 results in a substantial departure from 
the material facts originally alleged, the juvenile court shall grant a continuance as 
justice may require in accordance with Utah Rules of Juvenile Procedure, Rule 54.
Section 528, Section 
80-6-503
 is amended to read:
80-6-503
. Criminal information for a minor in juvenile court -- Extending 
juvenile court jurisdiction.
(1)
If a prosecuting attorney charges a minor with a felony, the prosecuting attorney may 
file a criminal information in the juvenile court if the minor was a principal actor in an 
offense and the information alleges:
(a)
(i)
the minor was 16 or 17 years old at the time of the offense; and
(ii)
the offense for which the minor is being charged is a felony violation of:
(A)
Section 
76-5-103
, aggravated assault resulting in serious bodily injury to 
another;
(B)
Section 
76-5-202
, attempted aggravated murder;
(C)
Section 
76-5-203
, attempted murder;
(D)
Section 
76-5-302
, aggravated kidnapping;
(E)
Section 
76-5-405
, aggravated sexual assault;
(F)
Section 
76-6-103
, aggravated arson;
(G)
Section 
76-6-203
, aggravated burglary;
(H)
Section 
76-6-302
, aggravated robbery;
(I)
Section 
76-10-508.1
76-11-208
, felony discharge of a firearm; or
(J)
an offense other than an offense listed in Subsections 
(1)(a)(ii)(A)
 through 
(I)
involving the use of a dangerous weapon if the offense would be a felony had 
an adult committed the offense, and the minor has been previously adjudicated 
or convicted of an offense involving the use of a dangerous weapon that would 
have been a felony if committed by an adult; or
(b)
(i)
the minor was 14 or 15 years old at the time of the offense; and
(ii)
the offense for which the minor is being charged is a felony violation of:
(A)
Section 
76-5-202
, aggravated murder or attempted aggravated murder; or
(B)
Section 
76-5-203
, murder or attempted murder.
(2)
At the time that a prosecuting attorney files an information under this section, a party 
may file a motion to extend the juvenile court's continuing jurisdiction in accordance 
with Section 
80-6-605
.
Section 529, Section 
80-6-605
 is amended to read:
80-6-605
. Extension of juvenile court jurisdiction -- Procedure.
(1)
At the time that a prosecuting attorney files a petition under Section 
80-6-305
, or a 
criminal information under Section 
80-6-503
, for a felony offense alleged to have been 
committed by a minor who is 14 years old or older, either party may file a motion to 
extend the juvenile court's continuing jurisdiction over the minor's case until the minor is 
25 years old if:
(a)
the minor was the principal actor in the offense; and
(b)
the petition or information alleges a felony violation of:
(i)
Section 
76-5-103
, aggravated assault resulting in serious bodily injury to another;
(ii)
Section 
76-5-202
, aggravated murder or attempted aggravated murder;
(iii)
Section 
76-5-203
, murder or attempted murder;
(iv)
Section 
76-5-302
, aggravated kidnapping;
(v)
Section 
76-5-405
, aggravated sexual assault;
(vi)
Section 
76-6-103
, aggravated arson;
(vii)
Section 
76-6-203
, aggravated burglary;
(viii)
Section 
76-6-302
, aggravated robbery;
(ix)
Section 
76-10-508.1
76-11-208
, felony discharge of a firearm; or
(x)
(A)
an offense other than the offenses listed in Subsections 
(1)(b)(i)
 through 
(ix)
involving the use of a dangerous weapon that would be a felony if committed 
by an adult; and
(B)
the minor has been previously adjudicated or convicted of an offense 
involving the use of a dangerous weapon that would have been a felony if 
committed by an adult.
(2)
(a)
Notwithstanding Subsection 
(1)
, either party may file a motion to extend the 
juvenile court's continuing jurisdiction after a determination by the juvenile court 
that the minor will not be bound over to the district court under Section 
80-6-504
.
(3)
The juvenile court shall make a determination on a motion under Subsection 
(1)
 or 
(2)
at the time of disposition.
(4)
The juvenile court shall extend the continuing jurisdiction over the minor's case until 
the minor is 25 years old if the juvenile court finds, by a preponderance of the evidence, 
that extending continuing jurisdiction is in the best interest of the minor and the public.
(5)
In considering whether it is in the best interest of the minor and the public for the court 
to extend jurisdiction over the minor's case until the minor is 25 years old, the juvenile 
court shall consider and base the juvenile court's decision on:
(a)
whether the protection of the community requires an extension of jurisdiction beyond 
the age of 21;
(b)
the extent to which the minor's actions in the offense were committed in an 
aggressive, violent, premeditated, or willful manner;
(c)
the minor's mental, physical, educational, trauma, and social history; and
(d)
the criminal record and previous history of the minor.
(6)
The amount of weight that each factor in Subsection 
(5)
 is given is in the juvenile 
court's discretion.
(7)
(a)
The juvenile court may consider written reports and other materials relating to the 
minor's mental, physical, educational, trauma, and social history.
(b)
Upon request by the minor, the minor's parent, guardian, or other interested party, the 
juvenile court shall require the person preparing the report or other material to 
appear and be subject to both direct and cross-examination.
(8)
A minor may testify under oath, call witnesses, cross-examine witnesses, and present 
evidence on the factors described in Subsection 
(5)
.
Section 530, Section 
80-6-608
 is amended to read:
80-6-608
. When photographs, fingerprints, or HIV infection tests may be taken 
-- Distribution -- DNA collection -- Reimbursement.
(1)
The division shall take a photograph and fingerprints of a minor who is:
(a)
14 years old or older at the time of the alleged commission of an offense that would 
be a felony if the minor were 18 years old or older; and
(b)
admitted to a detention facility for the alleged commission of the offense.
(2)
The juvenile court shall order a minor who is 14 years old or older at the time that the 
minor is alleged to have committed an offense described in Subsection (2)(a) or (b) to 
have the minor's fingerprints taken at a detention facility or a local law enforcement 
agency if the minor is:
(a)
adjudicated for an offense that would be a class A misdemeanor if the minor were 18 
years old or older; or
(b)
adjudicated for an offense that would be a felony if the minor were 18 years old or 
older and the minor was not admitted to a detention facility.
(3)
The juvenile court shall take a photograph of a minor who is:
(a)
14 years old or older at the time the minor was alleged to have committed an offense 
that would be a felony or a class A misdemeanor if the minor were 18 years old or 
older; and
(b)
adjudicated for the offense described in Subsection (3)(a).
(4)
If a minor's fingerprints are taken under this section, the minor's fingerprints shall be 
forwarded to the Bureau of Criminal Identification and may be stored by electronic 
medium.
(5)
Except for an offense under Section 
76-5-417
, 
76-5-418
, 
76-5-419
, or 
76-5-420
, 
HIV 
testing shall be conducted on a minor who is taken into custody after having been 
adjudicated for a sexual offense under Title 76, Chapter 5, Part 4, Sexual Offenses, upon 
the request of:
(a)
the victim;
(b)
the parent or guardian of a victim who is younger than 14 years old; or
(c)
the guardian of the alleged victim if the victim is a vulnerable adult as defined in 
Section 
26B-6-201
.
(6)
Except for an offense under Section 
76-5-417
, 
76-5-418
, 
76-5-419
, or 
76-5-420
, 
HIV 
testing shall be conducted on a minor against whom a petition has been filed or a pickup 
order has been issued for the commission of any offense under Title 76, Chapter 5, Part 4, 
Sexual Offenses:
(a)
upon the request of:
(i)
the victim;
(ii)
the parent or guardian of a victim who is younger than 14 years old; or
(iii)
the guardian of the alleged victim if the victim is a vulnerable adult as defined in 
Section 
26B-6-201
; and
(b)
in which:
(i)
the juvenile court has signed an accompanying arrest warrant, pickup order, or any 
other order based upon probable cause regarding the alleged offense; and
(ii)
the juvenile court has found probable cause to believe that the alleged victim has 
been exposed to HIV infection as a result of the alleged offense.
(7)
HIV tests, photographs, and fingerprints may not be taken of a child who is younger 
than 14 years old without the consent of the juvenile court.
(8)
(a)
Photographs taken under this section may be distributed or disbursed to:
(i)
state and local law enforcement agencies;
(ii)
the judiciary; and
(iii)
the division.
(b)
Fingerprints may be distributed or disbursed to:
(i)
state and local law enforcement agencies;
(ii)
the judiciary;
(iii)
the division; and
(iv)
agencies participating in the Western Identification Network.
(9)
(a)
A DNA specimen shall be obtained from a minor who is adjudicated by the 
juvenile court as described in Subsection 
53-10-403
(1)(e).
(b)
The DNA specimen shall be obtained, in accordance with Subsection 
53-10-404
(4), 
by:
(i)
designated employees of the juvenile court; or
(ii)
if the minor is committed to the division, designated employees of the division.
(c)
The responsible agency under Subsection (9)(b) shall ensure that an employee 
designated to collect the saliva DNA specimens receives appropriate training and that 
the specimens are obtained in accordance with accepted protocol.
(d)
Reimbursements paid under Subsection 
53-10-404
(2)(a) shall be placed in the DNA 
Specimen Restricted Account created in Section 
53-10-407
.
(e)
Payment of the reimbursement is second in priority to payments the minor is ordered 
to make for restitution under Section 
80-6-710
 and for treatment ordered under 
Section 
80-3-403
.
Section 531, Section 
80-6-707
 is amended to read:
80-6-707
. Suspension of driving privileges.
(1)
This section applies to a minor who:
(a)
at the time that the minor is adjudicated under Section 
80-6-701
, is at least the age 
eligible for a driver license under Section 
53-3-204
; and
(b)
is found by the juvenile court to be in actual physical control of a motor vehicle 
during the commission of the offense for which the minor is adjudicated.
(2)
(a)
Except as otherwise provided by this section, if a minor is adjudicated for a 
violation of a traffic law by the juvenile court under Section 
80-6-701
, the juvenile 
court may:
(i)
suspend the minor's driving privileges; and
(ii)
take possession of the minor's driver license.
(b)
The juvenile court may order any other eligible disposition under Subsection 
(1)
, 
except for a disposition under Section 
80-6-703
 or 
80-6-705
.
(c)
If a juvenile court suspends a minor's driving privileges under Subsection 
(2)(a)
:
(i)
the juvenile court shall prepare and send the order to the Driver License Division 
of the Department of Public Safety; and
(ii)
the minor's license shall be suspended under Section 
53-3-219
.
(3)
The juvenile court may reduce a suspension period imposed under Section 
53-3-219
 if:
(a)
(i)
the violation is the minor's first violation of:
(A)
Section 
32B-4-409
;
(B)
Section 
32B-4-410
;
(C)
Section 
58-37-8
;
(D)
Title 58, Chapter 37a, Utah Drug Paraphernalia Act
;
(E)
Title 58, Chapter 37b, Imitation Controlled Substances Act
;
(F)
Subsection 
76-5-102.1(2)(b)
;
(G)
Subsection 
76-5-207(2)(b)
; or
(H)
Subsection 
76-9-701(1)
76-9-110(2)
; and
(ii)
(A)
the minor completes an educational series as defined in Section 
41-6a-501
; 
or
(B)
the minor demonstrates substantial progress in substance use disorder 
treatment; or
(b)
(i)
the violation is the minor's second or subsequent violation of:
(A)
Section 
32B-4-409
;
(B)
Section 
32B-4-410
;
(C)
Section 
58-37-8
;
(D)
Title 58, Chapter 37a, Utah Drug Paraphernalia Act
;
(E)
Title 58, Chapter 37b, Imitation Controlled Substances Act
;
(F)
Subsection 
76-5-102.1(2)(b)
;
(G)
Subsection 
76-5-207(2)(b)
; or
(H)
Subsection 
76-9-701(1)
76-9-110(2)
;
(ii)
the minor has completed an educational series as defined in Section 
41-6a-501
 or 
demonstrated substantial progress in substance use disorder treatment; and
(iii)
(A)
the minor is 18 years old or older and provides a sworn statement to the 
juvenile court that the minor has not unlawfully consumed alcohol or drugs for 
at least a one-year consecutive period during the suspension period imposed 
under Section 
53-3-219
; or
(B)
the minor is under 18 years old and the minor's parent or guardian provides an 
affidavit or sworn statement to the juvenile court certifying that to the parent or 
guardian's knowledge the minor has not unlawfully consumed alcohol or drugs 
for at least a one-year consecutive period during the suspension period imposed 
under Section 
53-3-219
.
(4)
(a)
If a minor is adjudicated under Section 
80-6-701
 for a proof of age violation, as 
defined in Section 
32B-4-411
:
(i)
the juvenile court may forward a record of adjudication to the Department of 
Public Safety for a first or subsequent violation; and
(ii)
the minor's driving privileges will be suspended:
(A)
for a period of at least one year under Section 
53-3-220
 for a first conviction 
for a violation of Section 
32B-4-411
; or
(B)
for a period of two years for a second or subsequent conviction for a violation 
of Section 
32B-4-411
.
(b)
The juvenile court may reduce the suspension period imposed under Subsection 
(4)(a)(ii)(A)
 if:
(i)
the violation is the minor's first violation of Section 
32B-4-411
; and
(ii)
(A)
the minor completes an educational series as defined in Section 
41-6a-501
; 
or
(B)
the minor demonstrates substantial progress in substance use disorder 
treatment.
(c)
The juvenile court may reduce the suspension period imposed under Subsection 
(4)(a)(ii)(B)
 if:
(i)
the violation is the minor's second or subsequent violation of Section 
32B-4-411
;
(ii)
the minor has completed an educational series as defined in Section 
41-6a-501
 or 
demonstrated substantial progress in substance use disorder treatment; and
(iii)
(A)
the minor is 18 years old or older and provides a sworn statement to the 
court that the minor has not unlawfully consumed alcohol or drugs for at least a 
one-year consecutive period during the suspension period imposed under 
Subsection 
(4)(a)(ii)(B)
; or
(B)
the minor is under 18 years old and has the minor's parent or guardian provide 
an affidavit or sworn statement to the court certifying that to the parent's or 
guardian's knowledge the minor has not unlawfully consumed alcohol or drugs 
for at least a one-year consecutive period during the suspension period imposed 
under Subsection 
(4)(a)(ii)(B)
.
(5)
When the Department of Public Safety receives the arrest or conviction record of a 
minor for a driving offense committed while the minor's license is suspended under this 
section, the Department of Public Safety shall extend the suspension for a like period of 
time.
Section 532, Section 
80-6-712
 is amended to read:
80-6-712
. Time periods for supervision of probation or placement -- 
Termination of continuing jurisdiction.
(1)
If the juvenile court places a minor on probation under Section 
80-6-702
, the juvenile 
court shall establish a period of time for supervision for the minor that is:
(a)
if the minor is placed on intake probation, no more than three months; or
(b)
if the minor is placed on formal probation, from four to six months, but may not 
exceed six months.
(2)
(a)
If the juvenile court commits a minor to the division under Section 
80-6-703
, and 
the minor's case is under the jurisdiction of the court, the juvenile court shall 
establish:
(i)
for a minor placed out of the home, a period of custody from three to six months, 
but may not exceed six months; and
(ii)
for aftercare services if the minor was placed out of the home, a period of 
supervision from three to four months, but may not exceed four months.
(b)
A minor may be supervised for aftercare services under Subsection (2)(a)(ii):
(i)
in the home of a qualifying relative or guardian;
(ii)
at an independent living program contracted or operated by the division; or
(iii)
in a family-based setting with approval by the director or the director's designee 
if the minor does not qualify for an independent living program due to age, 
disability, or another reason or the minor cannot be placed with a qualifying 
relative or guardian.
(3)
If the juvenile court orders a minor to secure care, the authority shall:
(a)
have jurisdiction over the minor's case; and
(b)
apply the provisions of Part 8, Commitment and Parole.
(4)
(a)
The juvenile court shall terminate continuing jurisdiction over a minor's case at 
the end of the time period described in Subsection (1) for probation or Subsection (2) 
for commitment to the division, unless:
(i)
termination would interrupt the completion of the treatment program determined 
to be necessary by the results of a validated risk and needs assessment under 
Section 
80-6-606
;
(ii)
the minor commits a new misdemeanor or felony offense;
(iii)
the minor has not completed community or compensatory service hours;
(iv)
there is an outstanding fine; or
(v)
the minor has not paid restitution in full.
(b)
The juvenile court shall determine whether a minor has completed a treatment 
program under Subsection (4)(a)(i) by considering:
(i)
the recommendations of the licensed service provider for the treatment program;
(ii)
the minor's record in the treatment program; and
(iii)
the minor's completion of the goals of the treatment program.
(5)
Subject to Subsections (6) and (7), if one of the circumstances under Subsection (4) 
exists the juvenile court may extend supervision for the time needed to address the 
specific circumstance.
(6)
If the juvenile court extends supervision solely on the ground that the minor has not yet 
completed community or compensatory service hours under Subsection (4)(a)(iii), the 
juvenile court may only extend supervision:
(a)
one time for no more than three months; and
(b)
as intake probation.
(7)
(a)
If the juvenile court extends jurisdiction solely on the ground that the minor has 
not paid restitution in full as described in Subsection (4)(a)(v):
(i)
the juvenile court may only:
(A)
extend jurisdiction up to four times for no more than three months at a time;
(B)
consider the efforts of the minor to pay restitution in full when determining 
whether to extend jurisdiction under Subsection (7)(a)(i); and
(C)
make orders concerning the payment of restitution during the period for which 
jurisdiction is extended;
(ii)
the juvenile court shall terminate any intake probation or formal probation of the 
minor; and
(iii)
a designated staff member of the juvenile court shall submit a report to the 
juvenile court every three months regarding the minor's efforts to pay restitution.
(b)
If the juvenile court finds that a minor is not making an effort to pay restitution, the 
juvenile court shall:
(i)
terminate jurisdiction over the minor's case; and
(ii)
record the amount of unpaid restitution as a civil judgment in accordance with 
Subsection 
80-6-709
(8).
(8)
If the juvenile court extends supervision or jurisdiction under this section, the grounds 
for the extension and the length of any extension shall be recorded in the court records 
and tracked in the data system used by the Administrative Office of the Courts and the 
division.
(9)
If a minor leaves supervision without authorization for more than 24 hours, the 
supervision period for the minor shall toll until the minor returns.
(10)
This section does not apply to any minor adjudicated under this chapter for:
(a)
Section 
76-5-103
, aggravated assault resulting in serious bodily injury to another;
(b)
Section 
76-5-202
, aggravated murder or attempted aggravated murder;
(c)
Section 
76-5-203
, murder or attempted murder;
(d)
Section 
76-5-205
, manslaughter;
(e)
Section 
76-5-206
, negligent homicide;
(f)
Section 
76-5-207
, automobile homicide;
(g)
Section 
76-5-207.5
, automobile homicide involving using a wireless communication 
device while operating a motor vehicle;
(h)
Section 
76-5-208
, child abuse homicide;
(i)
Section 
76-5-209
, homicide by assault;
(j)
Section 
76-5-302
, aggravated kidnapping;
(k)
Section 
76-5-405
, aggravated sexual assault;
(l)
a felony violation of Section 
76-6-103
, aggravated arson;
(m)
Section 
76-6-203
, aggravated burglary;
(n)
Section 
76-6-302
, aggravated robbery;
(o)
Section 
76-10-508.1
76-11-208
, felony discharge of a firearm;
(p)
(i)
an offense other than an offense listed in Subsections (10)(a) through (o) 
involving the use of a dangerous weapon, as defined in Section 
76-1-101.5
, that is 
a felony; and
(ii)
the minor has been previously adjudicated or convicted of an offense involving 
the use of a dangerous weapon; or
(q)
a felony offense other than an offense listed in Subsections (10)(a) through (p) and 
the minor has been previously committed to the division for secure care.
Section 533, Section 
80-6-804
 is amended to read:
80-6-804
. Review and termination of secure care.
(1)
If a juvenile offender is ordered to secure care under Section 
80-6-705
, the juvenile 
offender shall appear before the authority within 45 days after the day on which the 
juvenile offender is ordered to secure care for review of a treatment plan and to establish 
parole release guidelines.
(2)
(a)
Except as provided in Subsections (2)(b) and (2)(h), if a juvenile offender is 
ordered to secure care under Section 
80-6-705
, the authority shall set a presumptive 
term of secure care for the juvenile offender from three to six months, but the 
presumptive term may not exceed six months.
(b)
If a juvenile offender is ordered to secure care for a misdemeanor offense, the 
authority may immediately release the juvenile offender on parole if there is a 
treatment program available for the juvenile offender in a community-based setting.
(c)
Except as provided in Subsection (2)(h), the authority shall release the juvenile 
offender on parole at the end of the presumptive term of secure care unless:
(i)
termination would interrupt the completion of a treatment program determined to 
be necessary by the results of a validated risk and needs assessment under Section 
80-6-606
; or
(ii)
the juvenile offender commits a new misdemeanor or felony offense.
(d)
The authority shall determine whether a juvenile offender has completed a treatment 
program under Subsection (2)(c)(i) by considering:
(i)
the recommendations of the licensed service provider for the treatment program;
(ii)
the juvenile offender's record in the treatment program; and
(iii)
the juvenile offender's completion of the goals of the treatment program.
(e)
Except as provided in Subsection (2)(h), the authority may extend the length of 
secure care and delay parole release for the time needed to address the specific 
circumstance if one of the circumstances under Subsection (2)(c) exists.
(f)
The authority shall:
(i)
record the length of the extension and the grounds for the extension; and
(ii)
report annually the length and grounds of extension to the commission.
(g)
Records under Subsection (2)(f) shall be tracked in the data system used by the 
juvenile court and the division.
(h)
If a juvenile offender is ordered to secure care for a misdemeanor offense, the 
authority may not:
(i)
set a juvenile offender's presumptive term of secure care under Subsection (2)(a) 
that would result in a term of secure care that exceeds a term of incarceration for 
an adult under Section 
76-3-204
 for the same misdemeanor offense; or
(ii)
extend the juvenile offender's term of secure care under Subsections (2)(c) and (e) 
if the extension would result in a term of secure care that exceeds the term of 
incarceration for an adult under Section 
76-3-204
 for the same misdemeanor 
offense.
(3)
(a)
If a juvenile offender is ordered to secure care, the authority shall set a 
presumptive term of parole supervision, including aftercare services, from three to 
four months, but the presumptive term may not exceed four months.
(b)
If the authority determines that a juvenile offender is unable to return home 
immediately upon release, the juvenile offender may serve the term of parole:
(i)
in the home of a qualifying relative or guardian;
(ii)
at an independent living program contracted or operated by the division; or
(iii)
in a family-based setting with approval by the director or the director's designee 
if the minor does not qualify for an independent living program due to age, 
disability, or another reason or the minor cannot be placed with a qualifying 
relative or guardian.
(c)
The authority shall release a juvenile offender from parole and terminate the 
authority's jurisdiction at the end of the presumptive term of parole, unless:
(i)
termination would interrupt the completion of a treatment program that is 
determined to be necessary by the results of a validated risk and needs assessment 
under Section 
80-6-606
;
(ii)
the juvenile offender commits a new misdemeanor or felony offense; or
(iii)
restitution has not been completed.
(d)
The authority shall determine whether a juvenile offender has completed a treatment 
program under Subsection (3)(c)(i) by considering:
(i)
the recommendations of the licensed service provider;
(ii)
the juvenile offender's record in the treatment program; and
(iii)
the juvenile offender's completion of the goals of the treatment program.
(e)
If one of the circumstances under Subsection (3)(c) exists, the authority may delay 
parole release only for the time needed to address the specific circumstance.
(f)
The authority shall:
(i)
record the grounds for extension of the presumptive length of parole and the 
length of the extension; and
(ii)
report annually the extension and the length of the extension to the commission.
(g)
Records under Subsection (3)(f) shall be tracked in the data system used by the 
juvenile court and the division.
(h)
If a juvenile offender leaves parole supervision without authorization for more than 
24 hours, the term of parole shall toll until the juvenile offender returns.
(4)
Subsections (2) and (3) do not apply to a juvenile offender ordered to secure care for:
(a)
Section 
76-5-103
, aggravated assault resulting in serious bodily injury to another;
(b)
Section 
76-5-202
, aggravated murder or attempted aggravated murder;
(c)
Section 
76-5-203
, murder or attempted murder;
(d)
Section 
76-5-205
, manslaughter;
(e)
Section 
76-5-206
, negligent homicide;
(f)
Section 
76-5-207
, automobile homicide;
(g)
Section 
76-5-207.5
, automobile homicide involving using a wireless communication 
device while operating a motor vehicle;
(h)
Section 
76-5-208
, child abuse homicide;
(i)
Section 
76-5-209
, homicide by assault;
(j)
Section 
76-5-302
, aggravated kidnapping;
(k)
Section 
76-5-405
, aggravated sexual assault;
(l)
a felony violation of Section 
76-6-103
, aggravated arson;
(m)
Section 
76-6-203
, aggravated burglary;
(n)
Section 
76-6-302
, aggravated robbery;
(o)
Section 
76-10-508.1
76-11-208
, felony discharge of a firearm;
(p)
(i)
an offense other than an offense listed in Subsections (4)(a) through (o) 
involving the use of a dangerous weapon, as defined in Section 
76-1-101.5
, that is 
a felony; and
(ii)
the juvenile offender has been previously adjudicated or convicted of an offense 
involving the use of a dangerous weapon, as defined in Section 
76-1-101.5
; or
(q)
an offense other than an offense listed in Subsections (4)(a) through (p) and the 
juvenile offender has been previously ordered to secure care.
Section 534, Section 
80-6-1002
 is amended to read:
80-6-1002
. Vacatur of an adjudication.
(1)
(a)
An individual who has been adjudicated for an offense by the juvenile court may 
petition the juvenile court for vacatur of the adjudication if the adjudication was for a 
violation of:
(i)
Section 
76-5-308
, human trafficking for labor if the petitioner engaged in the 
human trafficking for labor while subject to force, fraud, or coercion;
(ii)
Section 
76-10-1302
76-5d-202
, prostitution;
 or
(iii)
Section 
76-10-1304
76-5d-206
, aiding prostitution
; or
.
(iv)
Section 
76-10-1313
, sexual solicitation.
(b)
The petitioner shall include in the petition the relevant juvenile court incident 
number and any agencies known or alleged to have any records related to the offense 
for which vacatur is being sought.
(c)
The petitioner shall include with the petition the original criminal history report 
obtained from the Bureau of Criminal Identification in accordance with the 
provisions of Section 
53-10-108
.
(d)
The petitioner shall send a copy of the petition to the prosecuting attorney.
(2)
(a)
Upon the filing of a petition, the juvenile court shall:
(i)
set a date for a hearing; and
(ii)
at least 30 days before the day on which the hearing on the petition is scheduled, 
notify the prosecuting attorney and any affected agency identified in the juvenile 
record:
(A)
that a petition has been filed; and
(B)
of the date of the hearing.
(b)
(i)
The juvenile court shall provide a victim with the opportunity to request notice 
of a petition for vacatur.
(ii)
At least 30 days before the day on which the hearing is scheduled, a victim shall 
receive notice of a petition for vacatur if, before the entry of vacatur, the victim, or 
the victim's next of kin or authorized representative if the victim is a child or an 
individual who is incapacitated or deceased, submits a written and signed request 
for notice to the court in the judicial district in which the crime occurred or 
judgment was entered.
(iii)
The notice shall include a copy of the petition and statutes and rules applicable to 
the petition.
(c)
At the hearing, the petitioner, the prosecuting attorney, a victim, and any other 
person who may have relevant information about the petitioner may testify.
(3)
(a)
In deciding whether to grant a petition for vacatur of an adjudication of an offense 
for human trafficking of labor described in Subsection 
(1)(a)(i)
, the juvenile court 
shall consider whether the petitioner acted subject to force, fraud, or coercion at the 
time of the conduct giving rise to the adjudication.
(b)
If the juvenile court finds by a preponderance of the evidence that the petitioner was 
subject to force, fraud, or coercion at the time of the conduct giving rise to the 
adjudication, the juvenile court shall grant vacatur of the adjudication.
(c)
If the juvenile court does not find sufficient evidence, the juvenile court shall deny 
vacatur of the adjudication.
(4)
If the petition seeks to vacate an adjudication of an offense described in Subsection 
(1)(a)(ii)
 through 
(iv)
, the juvenile court shall presumptively grant vacatur of the 
adjudication unless the petitioner acted as a purchaser of any sexual activity.
(5)
(a)
Except as provided in Subsection 
(5)(b)
, if the juvenile court grants a vacatur of 
an adjudication for an offense described in Subsection 
(1)(a)
, the juvenile court shall 
order expungement of all records in the petitioner's juvenile record pertaining to the 
incident identified in the petition, including relevant related records contained in the 
Management Information System and the Licensing Information System.
(b)
The juvenile court may not order expungement of any record in the petitioner's 
juvenile record that contains an adjudication for a violation of:
(i)
Section 
76-5-202
, aggravated murder; or
(ii)
Section 
76-5-203
, murder.
(6)
(a)
The petitioner shall be responsible for service of the vacatur and expungement 
order to all affected state, county, and local entities, agencies, and officials.
(b)
To avoid destruction or expungement of the records in whole or in part, the agency 
or entity receiving the vacatur and expungement order shall only expunge all 
references to the petitioner's name in the records pertaining to the relevant 
adjudicated juvenile court incident.
(7)
(a)
Upon entry of a vacatur and expungement order under this section:
(i)
the proceedings in the incident identified in the petition are considered never to 
have occurred; and
(ii)
the petitioner may reply to an inquiry on the matter as though the proceedings 
never occurred.
(b)
Upon petition, any record expunged under this section may only be released to or 
viewed by:
(i)
the individual who is the subject of the record; or
(ii)
a person named in the petition of vacatur.
Section 535, Section 
80-6-1004.1
 is amended to read:
80-6-1004.1
. Petition to expunge adjudication -- Hearing and notice -- Waiver -- 
Order.
(1)
An individual may petition the juvenile court for an order to expunge the individual's 
juvenile record if:
(a)
the individual was adjudicated for an offense in the juvenile court;
(b)
the individual has reached 18 years old; and
(c)
at least one year has passed from the day on which:
(i)
the juvenile court's continuing jurisdiction was terminated; or
(ii)
if the individual was committed to secure care, the individual was unconditionally 
released from the custody of the division.
(2)
If a petitioner is 18 years old or older and seeks an expungement under Subsection 
(1)
, 
the petition shall include a criminal history report obtained from the Bureau of Criminal 
Identification in accordance with Section 
53-10-108
.
(3)
If the juvenile court finds and states on the record the reason why the waiver is 
appropriate, the juvenile court may waive:
(a)
the age requirement under Subsection 
(1)(b)
 for a petition; or
(b)
the one-year requirement under Subsection 
(1)(c)
 for a petition.
(4)
(a)
Upon the filing of a petition described in Subsection 
(1)(a)
, the juvenile court 
shall:
(i)
set a date for a hearing; and
(ii)
at least 30 days before the day on which the hearing on the petition is scheduled, 
notify the prosecuting attorney and any affected agency identified in the 
petitioner's juvenile record:
(A)
that the petition has been filed; and
(B)
of the date of the hearing.
(b)
(i)
The juvenile court shall provide a victim with the opportunity to request notice 
of a petition described in Subsection 
(1)
.
(ii)
Upon the victim's request under Subsection 
(4)(b)(i)
, the victim shall receive 
notice of the petition at least 30 days before the day on which the hearing is 
scheduled if, before the day on which an expungement order is made, the victim, 
or the victim's next of kin or authorized representative if the victim is a child or an 
individual who is incapacitated or deceased, submits a written and signed request 
for notice to the juvenile court in the judicial district in which the offense occurred 
or judgment is entered.
(iii)
The notice described in Subsection 
(4)(b)(ii)
 shall include a copy of the petition 
and any statutes and rules applicable to the petition.
(c)
At the hearing, the prosecuting attorney, a victim, and any other individual who may 
have relevant information about the petitioner may testify.
(d)
The juvenile court may waive the hearing for the petition if:
(i)
(A)
there is no victim; or
(B)
if there is a victim, the victim agrees to the waiver; and
(ii)
the prosecuting attorney agrees to the waiver.
(5)
(a)
Except as provided in Subsection 
(6)
, the juvenile court may grant a petition 
described in Subsection 
(1)
 and order expungement of the petitioner's juvenile record 
if the juvenile court finds that the petitioner is rehabilitated to the satisfaction of the 
court in accordance with Subsection 
(5)(b)
.
(b)
In deciding whether to grant a petition described in Subsection 
(1)
, the juvenile court 
shall consider:
(i)
whether expungement of the petitioner's juvenile record is in the best interest of 
the petitioner;
(ii)
the petitioner's response to programs and treatment;
(iii)
the nature and seriousness of the conduct for which the petitioner was 
adjudicated;
(iv)
the petitioner's behavior subsequent to adjudication;
(v)
the petitioner's reason for seeking expungement of the petitioner's juvenile record; 
and
(vi)
if the petitioner is a restricted person under Subsection 
76-10-503(1)(a)(iv)
 or 
(b)(iii)
76-11-302(1)(a)
(iv) or (1)(b)(iii)
:
(A)
whether the offense for which the petitioner is a restricted person was 
committed with a weapon;
(B)
whether expungement of the petitioner's juvenile record poses an unreasonable 
risk to public safety; and
(C)
the amount of time that has passed since the adjudication of the offense for 
which the petitioner is a restricted person.
(6)
The juvenile court may not grant a petition described in Subsection 
(1)
 and order 
expungement of the petitioner's juvenile record if:
(a)
the petitioner has been convicted of a violent felony within five years before the day 
on which the petition for expungement is filed;
(b)
there are delinquency or criminal proceedings pending against the petitioner;
(c)
the petitioner has not satisfied a judgment of restitution entered by the juvenile court 
for an adjudication in the petitioner's juvenile record;
(d)
the petitioner has not satisfied restitution that was a condition of a nonjudicial 
adjustment in the petitioner's juvenile record; or
(e)
the petitioner's juvenile record contains an adjudication for a violation of:
(i)
Section 
76-5-202
, aggravated murder; or
(ii)
Section 
76-5-203
, murder.
Section 536, Section 
80-6-1004.5
 is amended to read:
80-6-1004.5
. Automatic expungement of successful nonjudicial adjustment -- 
Effect of successful nonjudicial adjustment.
(1)
Except as provided in Subsection (2), the juvenile court shall issue, without a petition, 
an order to expunge an individual's juvenile record if:
(a)
the individual has reached 18 years old;
(b)
the individual's juvenile record consists solely of nonjudicial adjustments;
(c)
the individual has successfully completed each nonjudicial adjustment; and
(d)
all nonjudicial adjustments were completed on or after October 1, 2023.
(2)
An individual's juvenile record is not eligible for expungement under Subsection (1) if 
the individual's juvenile record contains a nonjudicial adjustment for a violation of:
(a)
Section 
41-6a-502
, driving under the influence;
(b)
Section 
76-5-112
, reckless endangerment creating a substantial risk of death or 
serious bodily injury;
(c)
Section 
76-5-206
, negligent homicide;
(d)
Section 
76-9-702.1
76-5-418
, sexual battery;
(e)
Section 
76-10-505.5
76-11-204
, possession of a dangerous weapon, firearm, or 
short barreled shotgun on or about school premises; or
(f)
Section 
76-10-509.4
76-11-209
, possession of a dangerous weapon by a minor.
(3)
If an individual's juvenile record consists solely of nonjudicial adjustments that were 
completed before October 1, 2023:
(a)
any nonjudicial adjustment in the individual's juvenile record is considered to never 
have occurred if:
(i)
the individual has reached 18 years old;
(ii)
the individual has satisfied restitution that was a condition of any nonjudicial 
adjustment in the individual's juvenile record; and
(iii)
the nonjudicial adjustment was for an offense that is not an offense described in 
Subsection (2); and
(b)
the individual may reply to any inquiry about the nonjudicial adjustment as though 
there never was a nonjudicial adjustment.
Section 537, Section 
81-9-202
 is amended to read:
81-9-202
. Advisory guidelines for a custody and parent-time arrangement.
(1)
In addition to the parent-time schedules provided in Sections 
81-9-302
 and 
81-9-304
, 
the following advisory guidelines are suggested to govern a custody and parent-time 
arrangement between parents.
(2)
A parent-time schedule mutually agreed upon by both parents is preferable to a 
court-imposed solution.
(3)
A parent-time schedule shall be used to maximize the continuity and stability of the 
minor child's life.
(4)
Each parent shall give special consideration to make the minor child available to attend 
family functions including funerals, weddings, family reunions, religious holidays, 
important ceremonies, and other significant events in the life of the minor child or in the 
life of either parent which may inadvertently conflict with the parent-time schedule.
(5)
(a)
The court shall determine the responsibility for the pick up, delivery, and return of 
the minor child when the parent-time order is entered.
(b)
The court may change the responsibility described in Subsection (5)(a) at any time a 
subsequent modification is made to the parent-time order.
(c)
If the noncustodial parent will be providing transportation, the custodial parent shall:
(i)
have the minor child ready for parent-time at the time the minor child is to be 
picked up ; and
(ii)
be present at the custodial home or make reasonable alternate arrangements to 
receive the minor child at the time the minor child is returned.
(d)
If the custodial parent will be transporting the minor child, the noncustodial parent 
shall:
(i)
be at the appointed place at the time the noncustodial parent is to receive the 
minor child; and
(ii)
have the minor child ready to be picked up at the appointed time and place or 
have made reasonable alternate arrangements for the custodial parent to pick up 
the minor child.
(6)
A parent may not interrupt regular school hours for a school-age minor child for the 
exercise of parent-time.
(7)
The court may:
(a)
make alterations in the parent-time schedule to reasonably accommodate the work 
schedule of both parents; and
(b)
increase the parent-time allowed to the noncustodial parent but may not diminish the 
standardized parent-time provided in Sections 
81-9-302
 and 
81-9-304
.
(8)
The court may make alterations in the parent-time schedule to reasonably accommodate 
the distance between the parties and the expense of exercising parent-time.
(9)
A parent may not withhold parent-time or child support due to the other parent's failure 
to comply with a court-ordered parent-time schedule.
(10)
(a)
The custodial parent shall notify the noncustodial parent within 24 hours of 
receiving notice of all significant school, social, sports, and community functions in 
which the minor child is participating or being honored.
(b)
The noncustodial parent is entitled to attend and participate fully in the functions 
described in Subsection (10)(a).
(c)
The noncustodial parent shall have access directly to all school reports including 
preschool and daycare reports and medical records.
(d)
A parent shall immediately notify the other parent in the event of a medical 
emergency.
(11)
Each parent shall provide the other with the parent's current address and telephone 
number, email address, and other virtual parent-time access information within 24 hours 
of any change.
(12)
(a)
Each parent shall permit and encourage, during reasonable hours, reasonable and 
uncensored communications with the minor child, in the form of mail privileges and 
virtual parent-time if the equipment is reasonably available.
(b)
If the parents cannot agree on whether the equipment is reasonably available, the 
court shall decide whether the equipment for virtual parent-time is reasonably 
availableby taking into consideration:
(i)
the best interests of the minor child;
(ii)
each parent's ability to handle any additional expenses for virtual parent-time; and
(iii)
any other factors the court considers material.
(13)
(a)
Parental care is presumed to be better care for the minor child than surrogate care.
(b)
The court shall encourage the parties to cooperate in allowing the noncustodial 
parent, if willing and able to transport the minor child, to provide the child care. 
(c)
 Child care arrangements existing during the marriage are preferred as are child care 
arrangements with nominal or no charge.
(14)
Each parent shall:
(a)
provide all surrogate care providers with the name, current address, and telephone 
number of the other parent; and
(b)
provide the noncustodial parent with the name, current address, and telephone 
number of all surrogate care providers unless the court for good cause orders 
otherwise.
(15)
(a)
Each parent is entitled to an equal division of major religious holidays celebrated 
by the parents.
(b)
The parent who celebrates a religious holiday that the other parent does not celebrate 
shall have the right to be together with the minor child on the religious holiday.
(16)
If the minor child is on a different parent-time schedule than a sibling, based on 
Sections 
81-9-302
 and 
81-9-304
, the parents should consider if an upward deviation for 
parent-time with all the minor children so that parent-time is uniform between school 
aged and nonschool aged children, is appropriate.
(17)
(a)
When one or both parents are servicemembers or contemplating joining a 
uniformed service, the parents should resolve issues of custodial responsibility in the 
event of deployment as soon as practicable through reaching a voluntary agreement 
pursuant to Section 
78B-20-201
 or through court order obtained pursuant to this part. 
(b)
 Service members shall ensure their family care plan reflects orders and agreements 
entered and filed pursuant to Title 78B, Chapter 20, Uniform Deployed Parents 
Custody, Parent-time, and Visitation Act.
(18)
A parent shall immediately notify the other parent if:
(a)
the parent resides with an individual or provides an individual with access to the 
minor child; and
(b)
the parent knows that the individual:
(i)
is required to register as a sex offender or a kidnap offender for an offense against 
a minor child under Title 77, Chapter 41, Sex and Kidnap Offender Registry;
(ii)
is required to register as a child abuse offender under Title 77, Chapter 43, Child 
Abuse Offender Registry; or
(iii)
has been convicted of:
(A)
a child abuse offense under Section 
76-5-109
, 
76-5-109.2
, 
76-5-109.3
, 
76-5-114
, or 
76-5-208
;
(B)
a sexual offense against a minor child under Title 76, Chapter 5, Part 4, Sexual 
Offenses
, other than an offense under Section 
76-5-417
, 
76-5-418
, or 
76-5-419
;
(C)
an offense for kidnapping or human trafficking of a minor child under Title 
76, Chapter 5, Part 3, Kidnapping, Trafficking, and Smuggling;
(D)
a sexual exploitation offense against a minor child under Title 76, Chapter 5b, 
Sexual Exploitation Act; or
(E)
an offense that is substantially similar to an offense under Subsections 
(18)(b)(iii)(A) through (D).
(19)
(a)
For emergency purposes, whenever the minor child travels with a parent, the 
parent shall provide the following information to the other parent:
(i)
an itinerary of travel dates;
(ii)
destinations;
(iii)
places where the minor child or traveling parent can be reached; and
(iv)
the name and telephone number of an available third person who would be 
knowledgeable of the minor child's location.
(b)
Unchaperoned travel of a minor child under the age of five years is not 
recommended.
Section 538, Section 
81-9-204
 is amended to read:
81-9-204
. Custody and parent-time of a minor child -- Custody factors -- 
Preferences.
(1)
In a proceeding between parents in which the custody and parent-time of a minor child 
is at issue, the court shall consider the best interests of the minor child in determining 
any form of custody and parent-time.
(2)
The court shall determine whether an order for custody or parent-time is in the best 
interests of the minor child by a preponderance of the evidence.
(3)
In determining any form of custody and parent-time under Subsection 
(1)
, the court 
shall consider:
(a)
for each parent, and in accordance with Section 
81-9-104
, evidence of domestic 
violence, physical abuse, or sexual abuse involving the minor child, the parent, or a 
household member of the parent;
(b)
whether the parent has intentionally exposed the minor child to
:
(i)
pornography
;
 or 
(ii)
material harmful to minors, as "material" and "harmful to minors" are defined in 
Section 
76-10-1201
76-5c-101
; and
(c)
whether custody and parent-time would endanger the minor child's health or physical 
or psychological safety.
(4)
In determining the form of custody and parent-time that is in the best interests of the 
minor child, the court may consider, among other factors the court finds relevant, the 
following for each parent:
(a)
evidence of psychological maltreatment;
(b)
the parent's demonstrated understanding of, responsiveness to, and ability to meet the 
developmental needs of the minor child, including the minor child's:
(i)
physical needs;
(ii)
emotional needs;
(iii)
educational needs;
(iv)
medical needs; and
(v)
any special needs;
(c)
the parent's capacity and willingness to function as a parent, including:
(i)
parenting skills;
(ii)
co-parenting skills, including:
(A)
ability to appropriately communicate with the other parent;
(B)
ability to encourage the sharing of love and affection; and
(C)
willingness to allow frequent and continuous contact between the minor child 
and the other parent, except that, if the court determines that the parent is 
acting to protect the minor child from domestic violence, neglect, or abuse, the 
parent's protective actions may be taken into consideration; and
(iii)
ability to provide personal care rather than surrogate care;
(d)
the past conduct and demonstrated moral character of the parent as described in 
Subsection 
(9)
;
(e)
the emotional stability of the parent;
(f)
the parent's inability to function as a parent because of drug abuse, excessive 
drinking, or other causes;
(g)
the parent's reason for having relinquished custody or parent-time in the past;
(h)
duration and depth of desire for custody or parent-time;
(i)
the parent's religious compatibility with the minor child;
(j)
the parent's financial responsibility;
(k)
the child's interaction and relationship with step-parents, extended family members 
of other individuals who may significantly affect the minor child's best interests;
(l)
who has been the primary caretaker of the minor child;
(m)
previous parenting arrangements in which the minor child has been happy and 
well-adjusted in the home, school, and community;
(n)
the relative benefit of keeping siblings together;
(o)
the stated wishes and concerns of the minor child, taking into consideration the 
minor child's cognitive ability and emotional maturity;
(p)
the relative strength of the minor child's bond with the parent, meaning the depth, 
quality, and nature of the relationship between the parent and the minor child; and
(q)
any other factor the court finds relevant.
(5)
(a)
A minor child may not be required by either party to testify unless the trier of fact 
determines that extenuating circumstances exist that would necessitate the testimony 
of the minor child be heard and there is no other reasonable method to present the 
minor child's testimony.
(b)
(i)
The court may inquire and take into consideration the minor child's desires 
regarding future custody or parent-time schedules, but the expressed desires are 
not controlling and the court may determine the minor child's custody or 
parent-time otherwise.
(ii)
The desires of a minor child who is 14 years old or older shall be given added 
weight, but is not the single controlling factor.
(c)
(i)
If an interview with a minor child is conducted by the court in accordance with 
Subsection (5)(b), the interview shall be conducted by the court in camera.
(ii)
The prior consent of the parties may be obtained but is not necessary if the court 
finds that an interview with a minor child is the only method to ascertain the 
minor child's desires regarding custody.
(6)
(a)
Except as provided in Subsection (6)(b), a court may not discriminate against a 
parent due to a disability, as defined in Section 
57-21-2
, in awarding custody or 
determining whether a substantial change has occurred for the purpose of modifying 
an award of custody.
(b)
The court may not consider the disability of a parent as a factor in awarding custody 
or modifying an award of custody based on a determination of a substantial change in 
circumstances, unless the court makes specific findings that:
(i)
the disability significantly or substantially inhibits the parent's ability to provide 
for the physical and emotional needs of the minor child at issue; and
(ii)
the parent with a disability lacks sufficient human, monetary, or other resources 
available to supplement the parent's ability to provide for the physical and 
emotional needs of the minor child at issue.
(c)
Nothing in this section may be construed to apply to adoption proceedings under 
Title 78B, Chapter 6, Part 1, Utah Adoption Act.
(7)
This section does not establish:
(a)
a preference for either parent solely because of the gender of the parent; or
(b)
a preference for or against joint physical custody or sole physical custody, but allows 
the court and the family the widest discretion to choose a parenting plan that is in the 
best interest of the minor child.
(8)
When an issue before the court involves custodial responsibility in the event of a 
deployment of a parent who is a service member and the service member has not yet 
been notified of deployment, the court shall resolve the issue based on the standards in 
Sections 
78B-20-306
 through 
78B-20-309
.
(9)
In considering the past conduct and demonstrated moral standards of each party under 
Subsection (4)(d) or any other factor a court finds relevant, the court may not:
(a)
(i)
consider or treat a parent's lawful possession or use of cannabis in a medicinal 
dosage form, a cannabis product in a medicinal dosage form, or a medical 
cannabis device, in accordance with Title 4, Chapter 41a, Cannabis Production 
Establishments and Pharmacies, Title 26B, Chapter 4, Part 2, Cannabinoid 
Research and Medical Cannabis, or Subsection 
58-37-3.7
(2) or (3) any differently 
than the court would consider or treat the lawful possession or use of any 
prescribed controlled substance; or
(ii)
discriminate against a parent because of the parent's status as a:
(A)
cannabis production establishment agent, as that term is defined in Section 
4-41a-102
;
(B)
medical cannabis pharmacy agent, as that term is defined in Section 
26B-4-201
;
(C)
medical cannabis courier agent, as that term is defined in Section 
26B-4-201
; 
or
(D)
medical cannabis cardholder in accordance with Title 26B, Chapter 4, Part 2, 
Cannabinoid Research and Medical Cannabis; or
(b)
discriminate against a parent based upon the parent's agreement or disagreement with 
a minor child of the couple's:
(i)
assertion that the minor child's gender identity is different from the minor child's 
biological sex; or
(ii)
practice of having or expressing a different gender identity than the minor child's 
biological sex.
(10)
(a)
The court shall consider evidence of domestic violence if evidence of domestic 
violence is presented.
(b)
The court shall consider as primary, the safety and well-being of the minor child and 
the parent who experiences domestic violence.
(c)
A court shall consider an order issued by a court in accordance with Title 78B, 
Chapter 7, Part 6, Cohabitant Abuse Protective Orders, as evidence of real harm or 
substantiated potential harm to the minor child.
(d)
If a parent relocates because of an act of domestic violence or family violence by the 
other parent, the court shall make specific findings and orders with regards to the 
application of Section 
81-9-209
.
(11)
Absent a showing by a preponderance of evidence of real harm or substantiated 
potential harm to the minor child:
(a)
it is in the best interest of the minor child to have frequent, meaningful, and 
continuing access to each parent following separation or divorce;
(b)
each parent is entitled to and responsible for frequent, meaningful, and continuing 
access with the parent's minor child consistent with the minor child's best interests; 
and
(c)
it is in the best interest of the minor child to have both parents actively involved in 
parenting the minor child.
(12)
Notwithstanding any other provision of this chapter, the court may not grant custody or 
parent-time of a minor child to a parent convicted of a sexual offense, as defined in 
Section 
77-37-2
, that resulted in the conception of the minor child unless:
(a)
the nonconvicted biological parent, or the legal guardian of the minor child, consents 
to custody or parent-time and the court determines it is in the best interest of the 
minor child to award custody or parent-time to the convicted parent; or
(b)
after the date of the conviction, the convicted parent and the nonconvicted parent 
cohabit and establish a mutual custodial environment for the minor child.
(13)
A denial of custody or parent-time under Subsection (12) does not:
(a)
terminate the parental rights of the parent denied parent-time or custody; or
(b)
affect the obligation of the convicted parent to financially support the minor child.
Section 539, Section 
81-9-208
 is amended to read:
81-9-208
. Modification or termination of a custody or parent-time order -- 
Noncompliance with a parent-time order.
(1)
The court has continuing jurisdiction to make subsequent changes to modify:
(a)
custody of a minor child if there is a showing of a substantial and material change in 
circumstances since the entry of the order; and
(b)
parent-time for a minor child if there is a showing that there is a change in 
circumstances since the entry of the order.
(2)
A substantial and material change in circumstances under Subsection (1)(a) includes a 
showing by a parent that the other parent:
(a)
resides with an individual or provides an individual with access to the minor child; 
and
(b)
knows that the individual:
(i)
is required to register as a sex offender or a kidnap offender for an offense against 
a minor child under Title 77, Chapter 41, Sex and Kidnap Offender Registry;
(ii)
is required to register as a child abuse offender under Title 77, Chapter 43, Child 
Abuse Offender Registry; or
(iii)
has been convicted of:
(A)
a child abuse offense under Section 
76-5-109
, 
76-5-109.2
, 
76-5-109.3
, 
76-5-114
, or 
76-5-208
;
(B)
a sexual offense against a minor child under Title 76, Chapter 5, Part 4, Sexual 
Offenses
, other than an offense under Section 
76-5-417
, 
76-5-418
, or 
76-5-419
;
(C)
an offense for kidnapping or human trafficking of a minor child under Title 
76, Chapter 5, Part 3, Kidnapping, Trafficking, and Smuggling;
(D)
a sexual exploitation offense against a minor child under Title 76, Chapter 5b, 
Sexual Exploitation Act; or
(E)
an offense that is substantially similar to an offense under Subsections 
(2)(b)(iii)(A) through (D).
(3)
On the petition of one or both of the parents, or the joint legal or physical custodians if 
they are not the parents, the court may, after a hearing, modify or terminate an order that 
established joint legal custody or joint physical custody if:
(a)
the verified petition or accompanying affidavit initially alleges that admissible 
evidence will show that there has been a substantial and material change in the 
circumstances of the minor child or one or both parents or joint legal or physical 
custodians since the entry of the order to be modified;
(b)
a modification of the terms and conditions of the order would be an improvement for 
and in the best interest of the minor child; and
(c)
(i)
both parents have complied in good faith with the dispute resolution procedure 
in accordance with Subsection 
81-9-205
(8); or
(ii)
if no dispute resolution procedure is contained in the order that established joint 
legal custody or joint physical custody, the court orders the parents to participate 
in a dispute resolution procedure in accordance with Subsection 
81-9-205
(13) 
unless the parents certify that, in good faith, they have used a dispute resolution 
procedure to resolve their dispute.
(4)
(a)
In determining whether the best interest of a minor child will be served by either 
modifying or terminating the joint legal custody or joint physical custody order, the 
court shall, in addition to other factors the court considers relevant, consider the 
factors described in Sections 
81-9-204
 and 
81-9-205
.
(b)
A court order modifying or terminating an existing joint legal custody or joint 
physical custody order shall contain written findings that:
(i)
a substantial and material change of circumstance has occurred; and
(ii)
a modification of the terms and conditions of the order would be an improvement 
for and in the best interest of the minor child.
(c)
The court shall give substantial weight to the existing joint legal custody or joint 
physical custody order when the minor child is thriving, happy, and well-adjusted.
(5)
The court shall, in every case regarding a petition for termination of a joint legal 
custody or joint physical custody order, consider reasonable alternatives to preserve the 
existing order in accordance with Section 
81-9-204
. 
(6)
The court may modify the terms and conditions of the existing order in accordance with 
this chapter and may order the parents to file a parenting plan in accordance with 
Section 
81-9-203
.
(7)
A parent requesting a modification from sole custody to joint legal custody or joint 
physical custody or both, or any other type of shared parenting arrangement, shall file 
and serve a proposed parenting plan with the petition to modify in accordance with 
Section 
81-9-203
.
(8)
If an issue before the court involves custodial responsibility in the event of deployment 
of one or both parents who are service members, and the service member has not yet 
been notified of deployment, the court shall resolve the issue based on the standards in 
Sections 
78B-20-306
 through 
78B-20-309
.
(9)
If the court finds that an action to modify custody or parent-time is filed or answered 
frivolously and, in a manner, designed to harass the other party, the court shall assess 
attorney fees as costs against the offending party.
(10)
If a petition to modify custody or parent-time provisions of a court order is made and 
denied, the court shall order the petitioner to pay the reasonable attorney fees expended 
by the prevailing party in that action if the court determines that the petition was without 
merit and not asserted or defended against in good faith.
(11)
If a motion or petition alleges noncompliance with a parent-time order by a parent, or a 
visitation order by a grandparent or other member of the immediate family where a 
visitation or parent-time right has been previously granted by the court, the court:
(a)
may award to the prevailing party:
(i)
actual attorney fees incurred;
(ii)
the costs incurred by the prevailing party because of the other party's failure to 
provide or exercise court-ordered visitation or parent-time, including:
(A)
court costs;
(B)
child care expenses;
(C)
transportation expenses actually incurred;
(D)
lost wages, if ascertainable; or
(E)
counseling for a parent or a minor child if ordered or approved by the court; or
(iii)
any other appropriate equitable remedy; and
(b)
shall award reasonable make-up parent-time to the prevailing party, unless make-up 
parent-time is not in the best interest of the minor child.
Section 540, 
Repealer.
Title.
Injunctive relief against privacy offenses -- Damages.
Libelous matter not privileged.
Title.
Title.
Definitions.
Protection of constitutional rights.
Training for participating law enforcement officers.
Title.
Exemptions.
Reimbursement of government response expenses.
Uniform law.
Target concessions, shooting ranges, competitions, and hunting 
excepted from prohibitions.
Unlawful marking of pistol or revolver.
Violations -- Classification of offense.
"Public nuisance" defined -- Agricultural operations -- Critical 
infrastructure materials operations.
Inspections by trade commission.
Violation as unfair trade practice and unfair competition -- 
Investigation and enforcement proceedings by trade commission.
Action by law enforcement agencies on complaints.
General culpability requirement applicable.
Duty of prosecuting attorney or law enforcement officer to 
prosecute offenses.
Seizure and disposition of gambling debts or proceeds.
Qualification for exhibition and distribution of films required.
Service of process, notice, or demand on registered agent of film 
distributor.
Defense to prosecution for distribution or exhibition of 
pornographic film -- Status as projectionist or other employee no defense.
Prosecution of pornographic film violations by county attorney, 
district attorney, or city attorney.
Exemptions from application of film distribution act.
Indecent public displays -- Definitions.
Breast feeding is not violation of this part.
Rulemaking authority.
Prosecution.
Definitions.
Short title.
Legislative findings.
Cumulative and supplemental nature of act.
Short title.
Violation a felony -- Costs -- Fines -- Divestiture -- Restrictions -- 
Dissolution or reorganization -- Prior restraint.
Short title.
Money laundering -- Penalty.
Separate offenses.
Definitions.
Definitions.
Penalty for littering on a park, recreation area, waterway, or other 
public or private land.
Corporation guilty of unfair discrimination -- Action by attorney 
general.
Penalty for violation.
Title.
Conviction as prima facie evidence in action for injunctive relief or 
damages.
Interpretation of act.
Section 541. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-13-25 1:36 PM