Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 38 (2025GS)

Sponsor

Rep. Wilcox, Ryan D.

Final action

Governor Signed 3/25/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• amends the enhancement for offenses committed in concert with three or more persons or in relation to a criminal street gang;
• amends certain theft, retail theft, and prostitution sentencing enhancements to include prior convictions in other state, federal, or military courts;
• clarifies that in sentencing for an offense related to retail theft, the value of the stolen item is determined by the item's retail value;
• amends the offense of sexual extortion;
• amends the definition of "financial transaction card" in Section 76-6-506;
• adds offenses that may be charged as part of a pattern of unlawful activity;
• increases the fine for an individual who is convicted of the offense of patronizing a prostitute;
• increases penalties for an individual who:
• acts to bring a minor into a criminal street gang in certain circumstances; and
• acts to intimidate a minor into remaining in a criminal street gang in certain circumstances;
• includes coordination clauses to coordinate changes between this bill, H.B. 21, Criminal Code Recodification and Cross References, and H.B. 22, Prostitution Offense Amendments; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

78
76-3-203.1
76-5b-204
76-6-404
76-6-404.5
76-6-404.7
76-6-405
76-6-406
76-6-407
76-6-408
76-6-409
76-6-409.3
76-6-410
76-6-506
76-6-602
76-6-608
76-9-802
76-9-803
76-9-803.1
76-9-803.2
76-9-803.3
76-10-1302
76-10-1303
76-10-1304
76-10-1602
78B-6-1101
78B-6-1107
0
Criminal Offenses Modifications
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ryan D. Wilcox
Senate Sponsor: Calvin R. Musselman
Cosponsor:
Matthew H. Gwynn
Candice B. Pierucci
Melissa G. Ballard
Katy Hall
Andrew Stoddard
Jefferson S. Burton
Jason B. Kyle
Mark A. Strong
Tyler Clancy
Trevor Lee
LONG TITLE
General Description:
This bill addresses changes related to certain criminal offenses and enhancements.
Highlighted Provisions:
This bill:
amends the enhancement for offenses committed in concert with three or more persons or 
in relation to a criminal street gang;
amends certain theft, retail theft, and prostitution sentencing enhancements to include 
prior convictions in other state, federal, or military courts;
clarifies that in sentencing for an offense related to retail theft, the value of the stolen item 
is determined by the item's retail value;
amends the offense of sexual extortion;
amends the definition of "financial transaction card" in Section 76-6-506;
adds offenses that may be charged as part of a pattern of unlawful activity; 
increases the fine for an individual who is convicted of the offense of patronizing a 
prostitute;
increases penalties for an individual who:
acts to bring a minor into a criminal street gang in certain circumstances; and
acts to intimidate a minor into remaining in a criminal street gang in certain 
circumstances;
includes coordination clauses to coordinate changes between this bill, H.B. 21, Criminal 
Code Recodification and Cross References, and H.B. 22, Prostitution Offense 
Amendments; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides coordination clauses.
Utah Code Sections Affected:
AMENDS:
76-3-203.1
, as last amended by Laws of Utah 2024, Chapter 96
76-5b-204
, as last amended by Laws of Utah 2024, Chapter 127
76-6-404
, as last amended by Laws of Utah 2023, Chapter 111 and last amended by 
Coordination Clause, Laws of Utah 2023, Chapter 407
76-6-404.5
, as last amended by Laws of Utah 2023, Chapter 111 and last amended by 
Coordination Clause, Laws of Utah 2023, Chapter 407
76-6-404.7
, as last amended by Laws of Utah 2023, Chapter 111
76-6-405
, as last amended by Laws of Utah 2023, Chapter 111 and last amended by 
Coordination Clause, Laws of Utah 2023, Chapter 407
76-6-406
, as last amended by Laws of Utah 2023, Chapter 111 and last amended by 
Coordination Clause, Laws of Utah 2023, Chapter 407
76-6-407
, as last amended by Laws of Utah 2023, Chapter 111 and last amended by 
Coordination Clause, Laws of Utah 2023, Chapter 407
76-6-408
, as last amended by Laws of Utah 2023, Chapter 111 and last amended by 
Coordination Clause, Laws of Utah 2023, Chapter 407
76-6-409
, as last amended by Laws of Utah 2023, Chapter 111
76-6-409.3
, as last amended by Laws of Utah 2023, Chapter 111
76-6-410
, as last amended by Laws of Utah 2023, Chapter 111 and last amended by 
Coordination Clause, Laws of Utah 2023, Chapter 407
76-6-506
, as last amended by Laws of Utah 2023, Chapter 111
76-6-602
, as last amended by Laws of Utah 2023, Chapter 111 and last amended by 
Coordination Clause, Laws of Utah 2023, Chapter 407
76-6-608
, as last amended by Laws of Utah 2023, Chapter 111
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
76-10-1302
, as last amended by Laws of Utah 2023, Chapter 111
76-10-1303
, as last amended by Laws of Utah 2024, Chapter 140
76-10-1304
, as last amended by Laws of Utah 2018, Chapter 308
76-10-1602
, as last amended by Laws of Utah 2024, Chapter 96
78B-6-1101
, as last amended by Laws of Utah 2021, Chapter 207
78B-6-1107
, as last amended by Laws of Utah 2021, Chapter 207
ENACTS:
76-9-803.1
, Utah Code Annotated 1953
76-9-803.2
, Utah Code Annotated 1953
76-9-803.3
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
76-3-203.1
 is amended to read:
76-3-203.1
. Enhanced penalty for offenses committed in or for a certain group.
(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
two
 or more 
persons
individuals
" means:
(i)
the 
defendant
actor
 was aided or encouraged by 
at least three other persons
at 
least two other individuals
 in committing 
the
an
 offense and was aware of this 
aid or encouragement; and
(ii)
each of the other persons
each of the other individuals
:
(A)
was physically present; and
(B)
participated as a party to 
any
an
 offense listed in Subsection 
(4), (5), or (6)
(6) or (7)
.
(c)
"In concert with 
three
two
 or more 
persons
individuals
" means, regarding intent:
(i)
any 
other 
persons
individual
 participating as 
parties
a party
 need not have the 
intent to engage in the same offense or degree of offense as the 
defendant
actor
; 
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.
(d)
"Organized criminal group" means a group of three or more individuals, whether 
operating formally or informally, that:
(i)
has as one of the group's purposes the commission of criminal offenses; and
(ii)
whose members collectively engage in committing criminal offenses for the 
financial or other material benefit of the members or group.
(e)
"Principal place of residence" means the single location where an individual's 
habitation is fixed and to which, whenever the individual is absent, the individual has 
the intention of returning, as evidenced by:
(i)
the intent expressed by the individual; and
(ii)
acts of the individual that are consistent or inconsistent with the intent expressed 
by the individual.
(2)
A person
An actor
 who commits 
any offense in accordance with this section
an 
offense listed in Subsection 
(6)
 is subject to an enhanced penalty 
for the offense 
as 
provided in Subsection 
(4), (5), or (6)
(5)
 if the trier of fact finds beyond a reasonable 
doubt that the 
person
actor
 acted:
(a)
in concert with 
three
two
 or more 
persons
individuals
;
(b)
for the benefit of, at the direction of, or in association with 
any
a
 criminal street 
gang 
as defined in Section 
76-9-802
or other organized criminal group
; or
(c)
to gain recognition, acceptance, membership, or increased status with a criminal 
street gang 
as defined in Section 
76-9-802
or other organized criminal group
.
(3)
An actor who commits an offense listed in Subsection 
(7)
 is subject to an enhanced 
penalty for the offense as provided in Subsection (5) if the trier of fact finds beyond a 
reasonable doubt that the actor:
(a)
(i)
acted in concert with two or more individuals; and
(ii)
(A)
traveled more than 50 miles from the actor's principal place of residence 
for the purpose of the actor committing an offense listed in Subsection (7); or
(B)
had previously been convicted of an offense listed in Subsection 
(7)
, or an 
offense in another jurisdiction, including a state, federal, or military court, that 
is substantially equivalent to an offense under Subsection 
(7)
;
(b)
acted for the benefit of, at the direction of, or in association with a criminal street 
gang or other organized criminal group; or
(c)
acted to gain recognition, acceptance, membership, or increased status with a 
criminal street gang or other organized criminal group.
(3)
(4)
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
actor
 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; and
(viii)
any violation of Chapter 10, Part 16, Pattern of Unlawful Activity Act.
(6)
(5)
(a)
For an offense listed in Subsection 
(6)(b), a person
(6) or (7), an actor
 may 
be charged as follows:
(i)
(a)
for a class B misdemeanor, as a class A misdemeanor;
(ii)
(b)
for a class A misdemeanor, as a third degree felony;
(iii)
(c)
for a third degree felony, as a second degree felony; and
(iv)
(d)
for a second degree felony, as a first degree felony.
(b)
(6)
The 
following offenses are subject to Subsection (6)(a)
offenses referred to in 
Subsection 
(2)
 are
:
(i)
(a)
assault and related offenses under
an offense described in
 Chapter 5, Part 1, 
Assault and Related Offenses;
(ii)
(b)
any criminal homicide offense under
an offense described in
 Chapter 5, Part 2, 
Criminal Homicide;
(iii)
(c)
kidnapping and related offenses under
a felony offense described in
 Chapter 5, 
Part 3, Kidnapping, Trafficking, and Smuggling;
(iv)
(d)
any felony sexual offense under
a felony offense described in
 Chapter 5, Part 
4, Sexual Offenses;
(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)
(e)
robbery 
and 
as described in Section 
76-6-202
;
(f)
aggravated robbery 
under Chapter 6, Part 3, Robbery; and
as described in Section 
76-6-203
;
(g)
burglary as described in Subsection 
76-6-202(3)(b)
;
(h)
aggravated burglary as described in Section 
76-6-203
;
(i)
an offense described in Chapter 10, Part 5, Weapons;
(j)
a felony violation of aiding prostitution as described in Section 
76-10-1304
;
(k)
exploiting prostitution as described in Section 
76-10-1305
;
(viii)
(l)
aggravated exploitation of prostitution under Section 
76-10-1306
.
;
(m)
burglary of a research facility as described in Section 
76-10-2002
; and
(n)
transporting or harboring aliens as described in Section 
76-10-2901
.
(7)
The offenses referred to in Subsection (3) are:
(a)
criminal solicitation of a minor as described in Section 
76-4-205
;
(b)
an offense described in Chapter 6, Part 1, Property Destruction;
(c)
an offense described in Chapter 6, Part 4, Theft;
(d)
an offense described in Chapter 6, Part 6, Retail Theft;
(e)
an offense described in Chapter 6, Part 11, Identity Fraud Act;
(f)
communications fraud as described in Section 
76-10-1801
; and
(g)
an offense described in Chapter 10, Part 19, Money Laundering and Currency 
Transaction Reporting Act.
(7)
(8)
The
A court may, if not otherwise prohibited from doing so by another section of 
the code, suspend a
 sentence imposed under 
Subsection (4), (5), or (6) may be 
suspended
this section
 and
 place
 the 
individual placed
actor
 on probation
 for the 
higher level of offense
.
(8)
(9)
It is not a bar to imposing the enhanced penalties under this section that the 
persons
individuals
 with whom the actor is alleged to have acted in concert are not identified, 
apprehended, charged, or convicted, or that any of those 
persons
individuals
 are 
charged with or convicted of a different or lesser offense.
Section 2, Section 
76-5b-204
 is amended to read:
76-5b-204
. Sexual extortion -- Penalties.
(1)
(a)
As used in this section:
(i)
"Adult" means an individual 18 years old or older.
(ii)
"Child" means any individual under the age of 18.
(iii)
"Intimate image" means the same as that term is defined in Section 
76-5b-203
.
(iv)
"Position of special trust" means the same as that term is defined in Section 
76-5-404.1
.
(v)
"Sexually explicit conduct" means the same as that term is defined in Section 
76-5b-203
.
(vi)
"Simulated sexually explicit conduct" means the same as that term is defined in 
Section 
76-5b-203
.
(b)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
(a)
An actor commits the offense of sexual extortion if the actor:
(i)
with an intent to coerce a victim to engage in sexual contact, in sexually explicit 
conduct, or in simulated sexually explicit conduct, or to produce, provide, or 
distribute an image, video, or other recording of any individual naked or engaged 
in sexually explicit conduct, communicates by any means a threat:
(A)
to the victim's person, property, or reputation; or
(B)
to distribute an intimate image or video of the victim;
(ii)
knowingly causes a victim to engage in sexual contact, in sexually explicit 
conduct, or in simulated sexually explicit conduct, or to produce, provide, or 
distribute any image, video, or other recording of any individual naked or engaged 
in sexually explicit conduct by means of a threat:
(A)
to the victim's person, property, or reputation; or
(B)
to distribute an intimate image or video of the victim; or
(iii)
with intent to obtain a thing of value from a victim communicates, by any means, 
a threat to distribute an intimate image or video of the victim.
(b)
An actor commits aggravated sexual extortion when, in conjunction with the offense 
described in Subsection (2)(a), any of the following circumstances have been charged 
and admitted or found true in the action for the offense:
(i)
the victim is a child or vulnerable adult;
(ii)
the offense was committed by the use of a dangerous weapon or by violence, 
intimidation, menace, fraud, or threat of physical harm, or was committed during 
the course of a kidnapping;
(iii)
the actor caused 
the victim suffered 
bodily injury or severe psychological 
injury 
to the victim 
during
,
 or as a result of
,
 the offense;
(iv)
the actor was a stranger to the victim
,
 or became a friend of the victim
,
 for the 
purpose of committing the offense;
(v)
the actor, before sentencing for the offense, was previously convicted of any 
sexual offense;
(vi)
the actor occupied a position of special trust in relation to the victim;
(vii)
the actor encouraged, aided, allowed, or benefitted from acts of prostitution or 
sexual acts by the victim with any other individual, or sexual performance by the 
victim before any other individual, human trafficking, or human smuggling; or
(viii)
the actor caused the penetration, however slight, of the genital or anal opening 
of the victim by any part or parts of the human body, or by any other object.
(3)
(a)
If the actor is an adult:
(i)
A
a
 violation of Subsection (2)(a) is a third degree felony.
(ii)
A
a
 violation of Subsection 
(2)(b)
(2)(b)(i), (ii), (iv), (v), (vi), (vii), or (viii)
 in 
which the victim is an adult is a second degree felony.
(iii)
a violation of Subsection 
(2)(b)(iii)
 in which the victim is an adult is a first 
degree felony.
(iii)
(iv)
A
a
 violation of Subsection (2)(b) in which the victim is a child or a 
vulnerable adult is a first degree felony.
(b)
If the actor is a child:
(i)
A
a
 violation of Subsection (2)(a) is a class A misdemeanor.
(ii)
A
a
 violation of Subsection (2)(b) is a third degree felony if there is more than a 
two-year age gap between the actor and the victim.
(c)
An actor commits a separate offense under this section:
(i)
for each victim the actor subjects to the offense outlined in Subsection (2)(a); and
(ii)
for each separate time the actor subjects a victim to the offense outlined 
Subsection (2)(a).
(d)
This section does not preclude an actor from being charged and convicted of a 
separate criminal act if the actor commits the separate criminal act while the 
individual violates or attempts to violate this section.
(4)
An interactive computer service, as defined in 47 U.S.C. Sec. 230, is not subject to 
liability under this section related to content provided by a user of the interactive 
computer service.
Section 3, Section 
76-6-404
 is amended to read:
76-6-404
. Theft -- Elements.
(1)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
An actor commits theft if the actor obtains or exercises unauthorized control over 
another person's property with a purpose to deprive the person of the person's property.
(3)
A violation of Subsection 
(2)
 is:
(a)
a second degree felony if the:
(i)
value of the property is or exceeds $5,000;
(ii)
property stolen is a firearm or an operable motor vehicle; or
(iii)
property is stolen from the person of another;
(b)
a third degree felony if:
(i)
the value of the property is or exceeds $1,500 but is less than $5,000;
(ii)
the property is:
(A)
a catalytic converter as defined under Section 
76-6-1402
; or
(B)
25 pounds or more of a suspect metal item as defined under Section 
76-6-1402
if the value is less than $5,000 and the suspect metal is made of or contains 
aluminum or copper and is not a lead battery;
(iii)
the value of the property is or exceeds $500 and the actor has been twice before 
convicted of any of the following offenses, if each prior offense was committed 
within 10 years before the date of the current conviction or the date of the offense 
upon which the current conviction is based and at least one of those convictions is 
for a class A misdemeanor:
(A)
any theft, any robbery, or any burglary with intent to commit theft;
(B)
any offense under 
Part 5, Fraud
;
 or
(C)
any attempt to commit any offense under Subsection 
(3)(b)(iii)(A)
 or 
(B)
;
 or
(D)
any offense in another jurisdiction, including a state, federal, or military court, 
that is substantially equivalent to an offense under Subsection (3)(b)(iii)(A), 
(B), or (C);
(iv)
(A)
the value of property is or exceeds $500 but is less than $1,500;
(B)
the theft occurs on a property where the offender has committed any theft 
within the past five years; and
(C)
the offender has received written notice from the merchant prohibiting the 
offender from entering the property pursuant to Subsection 
78B-3-108(4)
; or
(v)
the actor has been previously convicted of a felony violation of any of the 
offenses listed in Subsections 
(3)(b)(iii)(A)
 through 
(3)(b)(iii)
(C),
(D),
 if the 
prior offense was committed within 10 years before the date of the current 
conviction or the date of the offense upon which the current conviction is based;
(c)
a class A misdemeanor if:
(i)
the value of the property stolen is or exceeds $500 but is less than $1,500;
(ii)
(A)
the value of property is less than $500;
(B)
the theft occurs on a property where the offender has committed any theft 
within the past five years; and
(C)
the offender has received written notice from the merchant prohibiting the 
offender from entering the property pursuant to Subsection 
78B-3-108(4)
; or
(iii)
the actor has been twice before convicted of any of the offenses listed in 
Subsections 
(3)(b)(iii)(A)
 through 
(3)(b)(iii)
(C), 
(D), 
if each prior offense was 
committed within 10 years before the date of the current conviction or the date of 
the offense upon which the current conviction is based; or
(d)
a class B misdemeanor if the value of the property stolen is less than $500 and the 
theft is not an offense under Subsection 
(3)
(c).
Section 4, Section 
76-6-404.5
 is amended to read:
76-6-404.5
. Unauthorized possession of property.
(1)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
An actor commits unauthorized possession of property if the actor obtains or exercises 
unauthorized control over another person's property, without the consent of the 
property's owner or legal custodian, and with the intent to temporarily appropriate, 
possess, or use the property or to temporarily deprive the property's owner or legal 
custodian of possession of the property.
(3)
A violation of Subsection 
(2)
 is:
(a)
a third degree felony if:
(i)
the value of the property is or exceeds $5,000;
(ii)
the property is a firearm or an operable motor vehicle; or
(iii)
the property is taken from the person of another;
(b)
a class A misdemeanor if:
(i)
the value of the property is or exceeds $1,500 but is less than $5,000;
(ii)
the property is:
(A)
a catalytic converter as defined under Section 
76-6-1402
; or
(B)
25 pounds or more of a suspect metal item is defined under Section 
76-6-1402
if the value is less than $5,000 and the suspect metal is made of or contains 
aluminum or copper and is not a lead battery;
(iii)
the value of the property is or exceeds $500 and the actor has been twice before 
convicted of any of the following offenses, if each prior offense was committed 
within 10 years before the date of the current conviction or the date of the offense 
upon which the current conviction is based and at least one of those convictions is 
for a class A misdemeanor:
(A)
any theft, any robbery, or any burglary with intent to commit theft;
(B)
any offense under 
Part 5, Fraud
;
 or
(C)
any attempt to commit any offense under Subsection 
(3)(b)(iii)(A)
 or 
(B)
;
 or
(D)
any offense in another jurisdiction, including a state, federal, or military court, 
that is substantially equivalent to an offense under Subsection (3)(b)(iii)(A), 
(B), or (C);
(iv)
(A)
the value of property is or exceeds $500 but is less than $1,500;
(B)
the unauthorized possession of property occurs on a property where the 
offender has committed any theft within the past five years; and
(C)
the offender has received written notice from the merchant prohibiting the 
offender from entering the property pursuant to Subsection 
78B-3-108(4)
; or
(v)
the actor has been previously convicted of a felony violation of any of the 
offenses listed in Subsections 
(3)(b)(iii)(A)
 through 
(3)(b)(iii)
(C), 
(D), 
if the 
prior offense was committed within 10 years before the date of the current 
conviction or the date of the offense upon which the current conviction is based;
(c)
a class B misdemeanor if:
(i)
the value of the property is or exceeds $500 but is less than $1,500;
(ii)
(A)
the value of property is less than $500;
(B)
the unauthorized possession of property occurs on a property where the 
offender has committed any theft within the past five years; and
(C)
the offender has received written notice from the merchant prohibiting the 
offender from entering the property pursuant to Subsection 
78B-3-108(4)
; or
(iii)
the actor has been twice before convicted of any of the offenses listed in 
Subsections 
(3)(b)(iii)(A)
 through 
(3)(b)(iii)
(C), 
(D), 
if each prior offense was 
committed within 10 years before the date of the current conviction or the date of 
the offense upon which the current conviction is based; or
(d)
a class C misdemeanor if the value of the property is less than $500 and the 
unauthorized possession of property is not an offense under Subsection 
(3)
(c).
(4)
Unauthorized possession of property is a lesser included offense of the offense of theft 
under Section 
76-6-404
.
(5)
The consent of the owner or legal custodian of the property to the property's control by 
the actor is not presumed or implied because of the owner's or legal custodian's consent 
on a previous occasion to the control of the property by any person.
Section 5, Section 
76-6-404.7
 is amended to read:
76-6-404.7
. Theft of motor vehicle fuel.
(1)
(a)
As used in this section, "motor vehicle fuel" means any combustible gas, liquid, 
matter, or substance that is used in an internal combustion engine for the generation 
of power.
(b)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
An actor commits theft of motor vehicle fuel if the actor:
(a)
causes a motor vehicle to leave any premises where motor vehicle fuel is offered for 
retail sale when motor fuel has been dispensed into:
(i)
the fuel tank of the motor vehicle; or
(ii)
any other container that is then removed from the premises by means of the motor 
vehicle; and
(b)
commits the act under Subsection 
(2)(a)
 with the intent to deprive the owner or 
operator of the premises of the motor vehicle fuel without making full payment for 
the fuel.
(3)
A violation of Subsection 
(2)
 is:
(a)
a second degree felony if the value of the motor vehicle fuel is or exceeds $5,000;
(b)
a third degree felony if:
(i)
the value of the motor vehicle fuel is or exceeds $1,500 but is less than $5,000;
 or
(ii)
the value of the motor vehicle fuel is or exceeds $500 and the actor has been 
twice before convicted of any of the following offenses, if each prior offense was 
committed within 10 years before the date of the current conviction or the date of 
the offense upon which the current conviction is based and at least one of those 
convictions is for a class A misdemeanor:
(A)
any theft, any robbery, or any burglary with intent to commit theft;
(B)
any offense under 
Part 5, Fraud
;
 or
(C)
any attempt to commit any offense under Subsection 
(3)(b)(ii)(A)
 or 
(B)
;
 or
(D)
any offense in another jurisdiction, including a state, federal, or military court, 
that is substantially equivalent to an offense under Subsection (3)(b)(iii)(A), 
(B), or (C);
(iii)
(A)
the value of the motor vehicle fuel is or exceeds $500 but is less than 
$1,500;
(B)
the theft occurs on a property where the offender has committed any theft 
within the past five years; and
(C)
the offender has received written notice from the merchant prohibiting the 
offender from entering the property pursuant to Subsection 
78B-3-108(4)
; or
(iv)
the actor has been previously convicted of a felony violation of any of the 
offenses listed in Subsections 
(3)(b)(ii)(A)
 through 
(3)(b)(ii)(C)
, 
(D), 
if the prior 
offense was committed within 10 years before the date of the current conviction or 
the date of the offense upon which the current conviction is based;
(c)
a class A misdemeanor if:
(i)
the value of the motor vehicle fuel is or exceeds $500 but is less than $1,500;
(ii)
(A)
the value of the motor vehicle fuel is less than $500;
(B)
the theft occurs on a property where the offender has committed any theft 
within the past five years; and
(C)
the offender has received written notice from the merchant prohibiting the 
offender from entering the property pursuant to Subsection 
78B-3-108(4)
; or
(iii)
the actor has been twice before convicted of any of the offenses listed in 
Subsections 
(3)(b)(ii)(A)
 through 
(3)(b)(ii)(C)
, 
(D), 
if each prior offense was 
committed within 10 years before the date of the current conviction or the date of 
the offense upon which the current conviction is based; or
(d)
a class B misdemeanor if the value of the motor vehicle fuel is less than $500 and the 
theft is not an offense under Subsection 
(3)(c)
.
(4)
(a)
In addition to the penalties described in Subsection 
(3)
, the sentencing court may 
order the suspension of the driver license of an actor convicted of theft of motor 
vehicle fuel.
(b)
The suspension described in Subsection 
(4)(a)
 may not be for more than 90 days as 
provided in Section 
53-3-220
.
Section 6, Section 
76-6-405
 is amended to read:
76-6-405
. Theft by deception.
(1)
(a)
As used in this section, "puffing" means an exaggerated commendation of wares 
or worth in a communication addressed to an individual, group, or the public.
(b)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
(a)
An actor commits theft by deception if the actor obtains or exercises control over 
property of another person:
(i)
by deception; and
(ii)
with a purpose to deprive the other person of property.
(b)
The deception described in Subsection 
(2)(a)(i)
 and the deprivation described in 
Subsection 
(2)(a)(ii)
 may occur at separate times.
(3)
A violation of Subsection 
(2)
 is:
(a)
a second degree felony if the:
(i)
value of the property is or exceeds $5,000; or
(ii)
property stolen is a firearm or an operable motor vehicle;
(b)
a third degree felony if:
(i)
the value of the property is or exceeds $1,500 but is less than $5,000;
(ii)
the property:
(A)
is a catalytic converter as defined under Section 
76-6-1402
; or
(B)
25 pounds or more of a suspect metal item as defined under Section 
76-6-1402
if the value is less than $5,000 and the suspect metal is made of or contains 
aluminum or copper and is not a lead battery;
(iii)
the value of the property is or exceeds $500 and the actor has been twice before 
convicted of any of the following offenses, if each prior offense was committed 
within 10 years before the date of the current conviction or the date of the offense 
upon which the current conviction is based and at least one of those convictions is 
for a class A misdemeanor:
(A)
any theft, any robbery, or any burglary with intent to commit theft;
(B)
any offense under 
Part 5, Fraud
;
 or
(C)
any attempt to commit any offense under Subsection 
(3)(b)(iii)(A)
 or 
(B)
;
 or
(D)
any offense in another jurisdiction, including a state, federal, or military court, 
that is substantially equivalent to an offense under Subsection (3)(b)(iii)(A), 
(B), or (C);
(iv)
(A)
the value of property is or exceeds $500 but is less than $1,500;
(B)
the theft occurs on a property where the offender has committed any theft 
within the past five years; and
(C)
the offender has received written notice from the merchant prohibiting the 
offender from entering the property pursuant to Subsection 
78B-3-108(4)
; or
(v)
the actor has been previously convicted of a felony violation of any of the 
offenses listed in Subsections 
(3)(b)(iii)(A)
 through 
(3)(b)(iii)
(C), 
(D), 
if the 
prior offense was committed within 10 years before the date of the current 
conviction or the date of the offense upon which the current conviction is based;
(c)
a class A misdemeanor if:
(i)
the value of the property stolen is or exceeds $500 but is less than $1,500;
(ii)
(A)
the value of property is less than $500;
(B)
the theft occurs on a property where the offender has committed any theft 
within the past five years; and
(C)
the offender has received written notice from the merchant prohibiting the 
offender from entering the property pursuant to Subsection 
78B-3-108(4)
; or
(iii)
the actor has been twice before convicted of any of the offenses listed in 
Subsections 
(3)(b)(iii)(A)
 through 
(3)(b)(iii)
(C), 
(D), 
if each prior offense was 
committed within 10 years before the date of the current conviction or the date of 
the offense upon which the current conviction is based; or
(d)
a class B misdemeanor if the value of the property stolen is less than $500 and the 
theft is not an offense under Subsection 
(3)(c)
.
(4)
Theft by deception does not occur when there is only:
(a)
falsity as to matters having no pecuniary significance; or
(b)
puffing by statements unlikely to deceive an ordinary person in the group addressed.
Section 7, Section 
76-6-406
 is amended to read:
76-6-406
. Theft by extortion.
(1)
(a)
As used in this section, extortion occurs when an actor threatens to:
(i)
cause physical harm in the future to the person threatened, to any other person, or 
to property at any time;
(ii)
subject the person threatened or any other person to physical confinement or 
restraint;
(iii)
engage in other conduct constituting a crime;
(iv)
accuse any person of a crime or expose any person to hatred, contempt, or 
ridicule;
(v)
reveal any information sought to be concealed by the person threatened;
(vi)
testify, provide information, or withhold testimony or information with respect to 
a person's legal claim or defense;
(vii)
take action as an official against anyone or anything, or withhold official action, 
or cause such action or withholding;
(viii)
bring about or continue a strike, boycott, or other similar collective action to 
obtain property that is not demanded or received for the benefit of the group that 
the actor purports to represent; or
(ix)
do any other act which would not in itself substantially benefit the actor but 
which would harm substantially any other person with respect to that person's 
health, safety, business, calling, career, financial condition, reputation, or personal 
relationships.
(b)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
An actor commits theft by extortion if the actor obtains or exercises control over the 
property of another person by extortion and with a purpose to deprive the person of the 
person's property.
(3)
A violation of Subsection 
(2)
 is:
(a)
a second degree felony if the:
(i)
value of the property is or exceeds $5,000;
(ii)
property stolen is a firearm or an operable motor vehicle; or
(iii)
property is stolen from the person of another;
(b)
a third degree felony if:
(i)
the value of the property is or exceeds $1,500 but is less than $5,000;
(ii)
the property is:
(A)
a catalytic converter as defined under Section 
76-6-1402
; or
(B)
25 pounds or more of a suspect metal item as defined under Section 
76-6-1402
if the value is less than $5,000 and the suspect metal is made of or contains 
aluminum or copper and is not a lead battery;
(iii)
the value of the property is or exceeds $500 and the actor has been twice before 
convicted of any of the following offenses, if each prior offense was committed 
within 10 years before the date of the current conviction or the date of the offense 
upon which the current conviction is based and at least one of those convictions is 
for a class A misdemeanor:
(A)
any theft, any robbery, or any burglary with intent to commit theft;
(B)
any offense under 
Part 5, Fraud
;
 or
(C)
any attempt to commit any offense under Subsection 
(3)(b)(iii)(A)
 or 
(B)
;
 or
(D)
any offense in another jurisdiction, including a state, federal, or military court, 
that is substantially equivalent to an offense under Subsection (3)(b)(iii)(A), 
(B), or (C);
(iv)
(A)
the value of property is or exceeds $500 but is less than $1,500;
(B)
the theft occurs on a property where the offender has committed any theft 
within the past five years; and
(C)
the offender has received written notice from the merchant prohibiting the 
offender from entering the property pursuant to Subsection 
78B-3-108(4)
; or
(v)
the actor has been previously convicted of a felony violation of any of the 
offenses listed in Subsections 
(3)(b)(iii)(A)
 through 
(3)(b)(iii)
(C), 
(D), 
if the 
prior offense was committed within 10 years before the date of the current 
conviction or the date of the offense upon which the current conviction is based;
(c)
a class A misdemeanor if:
(i)
the value of the property stolen is or exceeds $500 but is less than $1,500;
(ii)
(A)
the value of property is less than $500;
(B)
the theft occurs on a property where the offender has committed any theft 
within the past five years; and
(C)
the offender has received written notice from the merchant prohibiting the 
offender from entering the property pursuant to Subsection 
78B-3-108(4)
; or
(iii)
the actor has been twice before convicted of any of the offenses listed in 
Subsections 
(3)(b)(iii)(A)
 through 
(3)(b)(iii)(C)
, 
(D), 
if each prior offense was 
committed within 10 years before the date of the current conviction or the date of 
the offense upon which the current conviction is based; or
(d)
a class B misdemeanor if the value of the property stolen is less than $500 and the 
theft is not an offense under Subsection 
(3)(c)
.
(4)
(a)
A person who is adversely impacted by the conduct prohibited in Subsection 
(2)
may bring a civil action for equitable relief and damages.
(b)
In accordance with Section 
78B-2-305
, a person who brings an action under 
Subsection 
(4)(a)
 shall commence the action within three years after the day on 
which the cause of action arises.
Section 8, Section 
76-6-407
 is amended to read:
76-6-407
. Theft of lost, mislaid, or mistakenly delivered property.
(1)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
An actor commits theft of lost, mislaid, or mistakenly delivered property if the actor:
(a)
obtains another person's property and knows the property to have been lost or 
mislaid, or to have been delivered under a mistake as to the identity of the recipient 
or as to the nature or amount of the property, without taking reasonable measures to 
return the property to the owner; and
(b)
has the purpose to deprive the owner of the property when the actor obtains the 
property or at any time before taking the measures described in Subsection 
(2)(a)
.
(3)
A violation of Subsection 
(2)
 is:
(a)
a second degree felony if the:
(i)
value of the property is or exceeds $5,000;
(ii)
property stolen is a firearm or an operable motor vehicle; or
(iii)
property is stolen from the person of another;
(b)
a third degree felony if:
(i)
the value of the property is or exceeds $1,500 but is less than $5,000;
(ii)
the property is:
(A)
a catalytic converter as defined under Section 
76-6-1402
; or
(B)
25 pounds or more of a suspect metal item as defined under Section 
76-6-1402
if the value is less than $5,000 and the suspect metal is made of or contains 
aluminum or copper and is not a lead battery;
(iii)
the value of the property is or exceeds $500 and the actor has been twice before 
convicted of any of the following offenses, if each prior offense was committed 
within 10 years before the date of the current conviction or the date of the offense 
upon which the current conviction is based and at least one of those convictions is 
for a class A misdemeanor:
(A)
any theft, any robbery, or any burglary with intent to commit theft;
(B)
any offense under 
Part 5, Fraud
;
 or
(C)
any attempt to commit any offense under Subsection 
(3)(b)(iii)(A)
 or 
(B)
;
 or
(D)
any offense in another jurisdiction, including a state, federal, or military court, 
that is substantially equivalent to an offense under Subsection (3)(b)(iii)(A), 
(B), or (C);
(iv)
(A)
the value of property is or exceeds $500 but is less than $1,500;
(B)
the theft occurs on a property where the offender has committed any theft 
within the past five years; and
(C)
the offender has received written notice from the merchant prohibiting the 
offender from entering the property pursuant to Subsection 
78B-3-108(4)
; or
(v)
the actor has been previously convicted of a felony violation of any of the 
offenses listed in Subsections 
(3)(b)(iii)(A)
 through 
(3)(b)(iii)(C)
, 
(D), 
if the 
prior offense was committed within 10 years before the date of the current 
conviction or the date of the offense upon which the current conviction is based;
(c)
a class A misdemeanor if:
(i)
the value of the property stolen is or exceeds $500 but is less than $1,500;
(ii)
(A)
the value of property is less than $500;
(B)
the theft occurs on a property where the offender has committed any theft 
within the past five years; and
(C)
the offender has received written notice from the merchant prohibiting the 
offender from entering the property pursuant to Subsection 
78B-3-108(4)
; or
(iii)
the actor has been twice before convicted of any of the offenses listed in 
Subsections 
(3)(b)(iii)(A)
 through 
(3)(b)(iii)
(C), 
(D), 
if each prior offense was 
committed within 10 years before the date of the current conviction or the date of 
the offense upon which the current conviction is based; or
(d)
a class B misdemeanor if the value of the property stolen is less than $500 and the 
theft is not an offense under Subsection 
(3)(c)
.
Section 9, Section 
76-6-408
 is amended to read:
76-6-408
. Theft by receiving stolen property -- Duties of pawnbrokers, 
secondhand businesses, coin dealers, and catalytic converter purchasers.
(1)
(a)
As used in this section:
(i)
"Catalytic converter purchaser" means the same as that term is defined in Section 
13-32a-102
.
(ii)
"Coin dealer" means the same as that term is defined in Section 
13-32a-102
.
(iii)
"Pawnbroker" means the same as that term is defined in Section 
13-32a-102
.
(iv)
"Receives" means acquiring possession, control, title, or lending on the security 
of the property.
(v)
"Scrap metal processor" means the same as that term is defined in Section 
76-6-1402
.
(vi)
"Secondhand actor" means:
(A)
a pawnbroker;
(B)
a person who has or operates a business dealing in or collecting used or 
secondhand merchandise or personal property; or
(C)
an agent, employee, or representative of a pawnbroker or person who buys, 
receives, or obtains property.
(b)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
An actor commits theft by receiving stolen property if the actor receives, retains, or 
disposes of the property of another knowing that the property is stolen, or believing that 
the property is probably stolen, or who conceals, sells, withholds, or aids in concealing, 
selling, or withholding the property from the owner, knowing or believing the property 
to be stolen, intending to deprive the owner of the property.
(3)
A violation of Subsection 
(2)
 is:
(a)
a second degree felony if:
(i)
the value of the property is or exceeds $5,000; or
(ii)
the property is a firearm or an operable motor vehicle;
(b)
a third degree felony if:
(i)
the value of the property is or exceeds $1,500 but is less than $5,000;
(ii)
the property is:
(A)
a catalytic converter as defined under Section 
76-6-1402
; or
(B)
25 pounds or more of a suspect metal item as defined under Section 
76-6-1402
if the value is less the $5,000 and the suspect metal is made of or contains 
aluminum or copper and is not a lead battery;
(iii)
the value of the property is or exceeds $500 and the actor has been twice before 
convicted of any of the following offenses, if each prior offense was committed 
within 10 years before the date of the current conviction or the date of the offense 
upon which the current conviction is based and at least one of those convictions is 
for a class A misdemeanor:
(A)
any theft, any robbery, or any burglary with intent to commit theft;
(B)
any offense under 
Part 5, Fraud
;
 or
(C)
any attempt to commit any offense under Subsection 
(3)(b)(iii)(A)
 or 
(B)
; or
(D)
any offense in another jurisdiction, including a state, federal, or military court, 
that is substantially equivalent to an offense under Subsection (3)(b)(iii)(A), 
(B), or (C); or
(iv)
the actor has been previously convicted of a felony violation of any of the 
offenses listed in Subsections 
(3)(b)(iii)(A)
 through 
(3)(b)(iii)(C)
, 
(D), 
if the 
prior offense was committed within 10 years before the date of the current 
conviction or the date of the offense upon which the current conviction is based;
(c)
a class A misdemeanor if:
(i)
the value of the property is or exceeds $500 but is less than $1,500; or
(ii)
the actor has been twice before convicted of any of the offenses listed in 
Subsections 
(3)(b)(iii)(A)
 through 
(3)(b)(iii)
(C), 
(D), 
if each prior offense was 
committed within 10 years before the date of the current conviction or the date of 
the offense upon which the current conviction is based; or
(d)
a class B misdemeanor if the value of the property is less than $500 and the theft is 
not an offense under Subsection 
(3)
(c).
(4)
Except as provided in Subsection 
(5)
, the knowledge or belief required under 
Subsection 
(2)
 is presumed in the case of an actor who:
(a)
is found in possession or control of other property stolen on a separate occasion; or
(b)
has received other stolen property within the year preceding the receiving offense 
charged.
(5)
(a)
The knowledge or belief required under Subsection 
(2)
 may only be presumed of a 
secondhand actor if the secondhand actor does not substantially comply with the 
material requirements of Section 
13-32a-104
.
(b)
The knowledge or belief required under Subsection 
(2)
 may only be presumed of a 
coin dealer or an employee of a coin dealer if the coin dealer or the employee of the 
coin dealer does not substantially comply with the requirements of Section 
13-32a-104.5
.
(c)
The knowledge or belief required under Subsection 
(2)
 may only be presumed of a 
catalytic converter purchaser if the catalytic converter purchaser does not 
substantially comply with the material requirements of Section 
13-32a-104.7
.
(6)
Unless acting as a catalytic converter purchaser, Subsection 
(5)
(c) does not apply to a 
scrap metal processor.
(7)
This section does not preclude the admission of evidence in accordance with the Utah 
Rules of Evidence.
(8)
An actor who violates Subsection 
(2)
 is civilly liable for three times the amount of 
actual damages, if any sustained by the plaintiff, and for costs of suit and reasonable 
attorney fees.
Section 10, Section 
76-6-409
 is amended to read:
76-6-409
. Theft of service.
(1)
(a)
As used in this section, "service" includes:
(i)
labor, professional service, a public utility or transportation service, restaurant, 
hotel, motel, tourist cabin, rooming house, and like accommodations, the 
supplying of equipment, a tool, a vehicle, or a trailer for temporary use, telegraph 
service, steam, admission to entertainment, an exhibition, a sporting event, or 
other event for which a charge is made;
(ii)
gas, electricity, water, sewer, or cable television service, only if the service is 
obtained by threat, force, or a form of deception not described in Section 
76-6-409.3
; and
(iii)
telephone service, only if the service is obtained by threat, force, or a form of 
deception not described in Section 
76-6-409.6
, 
76-6-409.7
, 
76-6-409.8
, or 
76-6-409.9
.
(b)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
An actor commits theft of service if:
(a)
the actor, by deception, threat, force, or another means designed to avoid due 
payment, obtains a service that the actor knows is available only for compensation; or
(b)
the actor:
(i)
has control over the disposition of another person's service; and
(ii)
(A)
diverts the other person's service to the benefit of the actor, knowing that 
the actor is not entitled to the service; or
(B)
diverts the other person's service to the benefit of a third person, knowing that 
the third person is not entitled to the service.
(3)
A violation of Subsection 
(2)
 is:
(a)
a second degree felony if the value of the service is or exceeds $5,000;
(b)
a third degree felony if:
(i)
the value of the service is or exceeds $1,500 but is less than $5,000;
(ii)
the value of the service is or exceeds $500 and the actor has been twice before 
convicted of any of the following offenses, if each prior offense was committed 
within 10 years before the date of the current conviction or the date of the offense 
upon which the current conviction is based and at least one of those convictions is 
for a class A misdemeanor:
(A)
any theft, any robbery, or any burglary with intent to commit theft;
(B)
any offense under 
Part 5, Fraud
;
 or
(C)
any attempt to commit any offense under Subsection 
(3)(b)(ii)(A)
 or 
(B)
;
 or
(D)
any offense in another jurisdiction, including a state, federal, or military court, 
that is substantially equivalent to an offense under Subsection (3)(b)(ii)(A), 
(B), or (C);
(iii)
(A)
the value of the service is or exceeds $500 but is less than $1,500;
(B)
the theft occurs on a property where the offender has committed any theft 
within the past five years; and
(C)
the offender has received written notice from the merchant prohibiting the 
offender from entering the property pursuant to Subsection 
78B-3-108(4)
; or
(iv)
the actor has been previously convicted of a felony violation of any of the 
offenses listed in Subsections 
(3)(b)(ii)(A)
 through 
(3)(b)(ii)(C)
, 
(D), 
if the prior 
offense was committed within 10 years before the date of the current conviction or 
the date of the offense upon which the current conviction is based;
(c)
a class A misdemeanor if:
(i)
the value of the service stolen is or exceeds $500 but is less than $1,500;
(ii)
(A)
the value of the service is less than $500;
(B)
the theft occurs on a property where the offender has committed any theft 
within the past five years; and
(C)
the offender has received written notice from the merchant prohibiting the 
offender from entering the property pursuant to Subsection 
78B-3-108(4)
; or
(iii)
the actor has been twice before convicted of any of the offenses listed in 
Subsections 
(3)(b)(ii)(A)
 through 
(3)(b)(ii)(C)
, 
(D), 
if each prior offense was 
committed within 10 years before the date of the current conviction or the date of 
the offense upon which the current conviction is based; or
(d)
a class B misdemeanor if the value of the service is less than $500 and the theft is not 
an offense under Subsection 
(3)(c)
.
Section 11, Section 
76-6-409.3
 is amended to read:
76-6-409.3
. Theft of utility or cable television services -- Restitution -- Civil 
action for damages.
(1)
(a)
As used in this section:
(i)
"Cable television service" means an audio, video, or data service provided for 
payment by a cable television company over the cable company's cable system 
facilities, but does not include the use of a satellite dish or antenna.
(ii)
"Occupant" includes a person, including the owner, who occupies the whole or 
part of a building, whether alone or with others.
(iii)
"Owner" includes a partial owner, joint owner, tenant in common, joint tenant, or 
tenant by the entirety of the whole or a part of a building and the property on 
which the building is located.
(iv)
"Person" means an individual, firm, partnership, corporation, company, 
association, or other legal entity.
(v)
"Tenant" includes a person, including the owner, who occupies the whole or part 
of any building, whether alone or with others.
(vi)
"Utility" means any public utility, municipally owned utility, or cooperative 
utility that provides electricity, gas, water, or sewer, or any combination of 
electricity, gas, water, or sewer, for sale to consumers.
(b)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
An actor commits theft of a utility or cable television service if, with intent to avoid due 
payment to the utility or cable television company, the actor makes gas, electricity, 
water, sewer, or cable television available to a tenant or occupant, including to the actor, 
by committing any of the following acts:
(a)
connecting a tube, pipe, wire, cable, or other instrument with any meter, device, or 
other instrument used for conducting gas, electricity, water, sewer, or cable television 
in a manner as permits the use of the gas, electricity, water, sewer, or cable television 
without the gas, electricity, water, sewer, or cable television passing through a meter 
or other instrument recording the usage for billing;
(b)
altering, injuring, or preventing the normal action of a meter, valve, stopcock, or 
other instrument used for measuring quantities of gas, electricity, water, or sewer 
service, or making or maintaining any modification or alteration to any device 
installed with the authorization of a cable television company for the purpose of 
intercepting or receiving any program or other service carried by the company that 
the actor is not authorized by the company to receive;
(c)
reconnecting a gas, electricity, water, sewer, or cable television connection or 
otherwise restoring service when one or more of those utilities or cable service has 
been lawfully disconnected or turned off by the provider of the utility or cable service;
(d)
intentionally breaking, defacing, or causing to be broken or defaced a seal, locking 
device, or other part of a metering device for recording usage of gas, electricity, 
water, or sewer service, or a security system for the recording device, or a cable 
television control device;
(e)
removing a metering device designed to measure quantities of gas, electricity, water, 
or sewer service;
(f)
transferring from one location to another location a metering device for measuring 
quantities of public utility services of gas, electricity, water, or sewer service;
(g)
changing the indicated consumption, jamming the measuring device, bypassing the 
meter or measuring device with a jumper so that it does not indicate use or registers 
use incorrectly, or otherwise obtaining quantities of gas, electricity, water, or sewer 
service from the utility without the gas, electricity, water, or sewer service passing 
through a metering device for measuring quantities of consumption for billing 
purposes;
(h)
using a metering device belonging to the utility that has not been assigned to the 
location and installed by the utility;
(i)
fabricating or using a device to pick or otherwise tamper with the locks used to deter 
utility service diversion, meter tampering, meter thefts, and unauthorized cable 
television service;
(j)
assisting or instructing a person in obtaining or attempting to obtain any cable 
television service without payment of all lawful compensation to the company 
providing the service;
(k)
making or maintaining a connection or connections, whether physical, electrical, 
mechanical, acoustical, or by other means, with a cable, wire, component, or other 
device used for the distribution of cable television services without authority from the 
cable television company; or
(l)
possessing without authority any device or printed circuit board designed in whole or 
in part to receive any cable television programming or service offered for sale over a 
cable television system, unless the device or printed circuit board includes the use of 
a satellite dish or antenna, with the intent that the device or printed circuit be used for 
the reception of the cable television company's services without payment. 
(3)
(a)
A violation of Subsection 
(2)
, if the violation is a theft of a utility service, is:
(i)
a second degree felony if:
(A)
the value of the gas, electricity, water, or sewer service is or exceeds $5,000; 
or
(B)
if the actor previously has been convicted of a violation of this section;
(ii)
a third degree felony if the value of the gas, electricity, water, or sewer service is 
or exceeds $1,500 but is not more than $5,000;
(iii)
a class A misdemeanor if the value of the gas, electricity, water, or sewer service 
is or exceeds $500 but is not more than $1,500; or
(iv)
a class B misdemeanor if the value of the gas, electricity, water, or sewer service 
is less than $500.
(b)
A violation of Subsection 
(2)
, if the violation is a theft of a cable television service, 
is:
(i)
a second degree felony if the value of the service is or exceeds $5,000;
(ii)
a third degree felony if:
(A)
the value of the service is or exceeds $1,500 but is less than $5,000;
(B)
the value of the service is or exceeds $500 and the actor has been twice before 
convicted of any of the following offenses, if each prior offense was committed 
within 10 years before the date of the current conviction or the date of the 
offense upon which the current conviction is based and at least one of those 
convictions is for a class A misdemeanor:
(I)
any theft, any robbery, or any burglary with intent to commit theft;
(II)
any offense under 
Part 5, Fraud
;
 or
(III)
any attempt to commit any offense under Subsection 
(3)(b)(ii)(B)(I)
 or 
(II)
; 
or
(IV)
any offense in another jurisdiction, including a state, federal, or military 
court, that is substantially equivalent to an offense under Subsection 
(3)(b)(ii)(B)(I), (II), or (III); or
(C)
the actor has been previously convicted of a felony violation of any of the 
offenses listed in Subsections 
(3)(b)(ii)(B)(I)
 through 
(3)(b)(ii)(B)(III)
, 
(IV), 
if the prior offense was committed within 10 years before the date of the 
current conviction or the date of the offense upon which the current conviction 
is based;
(iii)
a class A misdemeanor if:
(A)
the value of the service stolen is or exceeds $500 but is less than $1,500; or
(B)
the actor has been twice before convicted of any of the offenses listed in 
Subsections 
(3)(b)(ii)(B)(I)
 through 
(3)(b)(ii)(B)(III)
, 
(IV), 
if each prior 
offense was committed within 10 years before the date of the current 
conviction or the date of the offense upon which the current conviction is 
based; or
(iv)
a class B misdemeanor if the value of the service is less than $500 and the theft is 
not an offense under Subsection 
(3)(b)(iii)
.
(c)
(i)
An actor who violates this section shall make restitution to the utility or cable 
television company for the value of the gas, electricity, water, sewer, or cable 
television service consumed in violation of this section plus all reasonable 
expenses and costs incurred on account of the violation of this section.
(ii)
Reasonable expenses and costs include expenses and costs for investigation, 
disconnection, reconnection, service calls, employee time, and equipment use.
(4)
(a)
The presence on property in the possession of an actor of a device or alteration 
that permits the diversion or use of utility or cable service to avoid the registration of 
the use by or on a meter installed by the utility or to otherwise avoid the recording of 
use of the service for payment or otherwise avoid payment gives rise to an inference 
that the actor in possession of the property installed the device or caused the 
alteration if:
(i)
the presence of the device or alteration can be attributed only to a deliberate act in 
furtherance of an intent to avoid payment for utility or cable television service; and
(ii)
the actor charged has received the direct benefit of the reduction of the cost of the 
utility or cable television service.
(b)
An actor who aids or abets in a prohibited act is a party to the offense under Section 
76-2-202
.
(5)
(a)
Criminal prosecution under this section does not affect the right of a utility or 
cable television company to bring a civil action for redress for damages suffered as a 
result of the commission of any of the acts prohibited by this section.
(b)
This section does not abridge or alter any other right, action, or remedy otherwise 
available to a utility or cable television company.
Section 12, Section 
76-6-410
 is amended to read:
76-6-410
. Theft by custodian of property pursuant to repair or rental agreement.
(1)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
An actor commits theft by custodian of property pursuant to repair or rental agreement 
if:
(a)
(i)
the actor has custody of property pursuant to an agreement between the actor or 
another person and the property's owner;
(ii)
the actor or another person is to perform for compensation a specific service for 
the property's owner involving the maintenance, repair, or use of the owner's 
property; and
(iii)
the actor intentionally uses or operates the owner's property, without the consent 
of the owner, for the actor's own purposes in a manner constituting a gross 
deviation from the agreed purpose; or
(b)
(i)
the actor has custody of any property pursuant to a rental or lease agreement in 
which the property is to be returned in a specified manner or at a specified time; 
and
(ii)
the actor intentionally fails to comply with the terms of the agreement concerning 
return so as to render such failure a gross deviation from the agreement.
(3)
A violation of Subsection 
(2)
 is:
(a)
a second degree felony if the:
(i)
value of the property is or exceeds $5,000; or
(ii)
property stolen is a firearm or an operable motor vehicle;
(b)
a third degree felony if:
(i)
the value of the property is or exceeds $1,500 but is less than $5,000;
(ii)
the property is:
(A)
a catalytic converter as defined under Section 
76-6-1402
; or
(B)
25 pounds or more of a suspect metal item as defined under Section 
76-6-1402
if the value is less than $5,000 and the suspect metal is made of or contains 
aluminum or copper and is not a lead battery;
(iii)
the value of the property is or exceeds $500 and the actor has been twice before 
convicted of any of the following offenses, if each prior offense was committed 
within 10 years before the date of the current conviction or the date of the offense 
upon which the current conviction is based and at least one of those convictions is 
for a class A misdemeanor:
(A)
any theft, any robbery, or any burglary with intent to commit theft;
(B)
any offense under 
Part 5, Fraud
;
 or
(C)
any attempt to commit any offense under Subsection 
(3)(b)(iii)(A)
 or 
(B)
; or
(D)
any offense in another jurisdiction, including a state, federal, or military court, 
that is substantially equivalent to an offense under Subsection (3)(b)(iii)(A), 
(B), or (C); or
(iv)
the actor has been previously convicted of a felony violation of any of the 
offenses listed in Subsections 
(3)(b)(iii)(A)
 through 
(3)(b)(iii)
(C), 
(D), 
if the 
prior offense was committed within 10 years before the date of the current 
conviction or the date of the offense upon which the current conviction is based;
(c)
a class A misdemeanor if:
(i)
the value of the property stolen is or exceeds $500 but is less than $1,500; or
(ii)
the actor has been twice before convicted of any of the offenses listed in 
Subsections 
(3)(b)(iii)(A)
 through 
(3)(b)(iii)
(C), 
(D), 
if each prior offense was 
committed within 10 years before the date of the current conviction or the date of 
the offense upon which the current conviction is based; or
(d)
a class B misdemeanor if the value of the property stolen is less than $500 and the 
theft is not an offense under Subsection 
(3)
(c).
Section 13, Section 
76-6-506
 is amended to read:
76-6-506
. Financial transaction card offenses -- Definitions.
As used in Sections 
76-6-506.2
, 
76-6-506.3
, 
76-6-506.6
, 
76-6-506.8
, and 
76-6-506.9
:
(1)
"Authorized credit card merchant" means a person who is authorized by an issuer to 
furnish money, goods, services, or anything else of value upon presentation of a 
financial transaction card by a card holder and to present valid credit card sales drafts to 
the issuer for payment.
(2)
"Automated banking device" means any machine which, when properly activated by a 
financial transaction card or a personal identification code, may be used for any of the 
purposes for which a financial transaction card may be used.
(3)
"Card holder" means any person or organization named on the face of a financial 
transaction card to whom or for whose benefit a financial transaction card is issued.
(4)
"Credit card sales draft" means any sales slip, draft, or other written or electronic record 
of a sale of money, goods, services, or anything else of value made or purported to be 
made to or at the request of a card holder with a financial transaction card, financial 
transaction card credit number, or personal identification code, whether the record of the 
sale or purported sale is evidenced by a sales draft, voucher, or other similar document 
in writing or electronically recorded and transmitted.
(5)
"Financial transaction card" means:
(a)
any credit card, credit plate, bank services card, banking card, check guarantee card, 
debit card, telephone credit card, or any other card, issued by an issuer for the use of 
the card holder in obtaining money, goods, services, or anything else of value on 
credit, or in certifying or guaranteeing to a person or business the availability to the 
card holder of the funds on deposit that are equal to or greater than the amount 
necessary to honor a draft or check payable to the order of the person or business;
 or
(b)
any instrument or device used in providing the card holder access to a demand or 
time deposit account for the purpose of making deposits of money or checks in the 
account, or withdrawing funds from the account in the form of money, money orders, 
travelers' checks, or other form representing value, or transferring funds from any 
demand or time deposit account to any credit card account in full or partial 
satisfaction of any outstanding balance existing in the credit card account
.
; or
(c)
a card, code, or device that is:
(i)
issued to a consumer on a prepaid basis in a specified amount, regardless of 
whether that amount may be increased or reloaded in exchange for payment;
(ii)
activated or inactivated; and
(iii)
redeemable upon presentation:
(A)
by a consumer at a single merchant or group of affiliated merchants; or
(B)
at multiple unaffiliated merchants for goods or services within the payment 
card network.
(6)
"Issuer" means a business organization or financial institution or its agent that issues a 
financial transaction card.
(7)
"Personal identification code" means any numerical or alphabetical code assigned to a 
card holder by the issuer to permit the authorized electronic use of the holder's financial 
transaction card.
Section 14, Section 
76-6-602
 is amended to read:
76-6-602
. Retail theft.
(1)
Terms defined in Sections 
76-1-101.5
 and 
76-6-601
 apply to this section.
(2)
An actor commits retail theft if the actor knowingly:
(a)
takes possession of, conceals, carries away, transfers or causes to be carried away or 
transferred, any merchandise displayed, held, stored, or offered for sale in a retail 
mercantile establishment with the intention of:
(i)
retaining the merchandise; or
(ii)
depriving the merchant permanently of the possession, use or benefit of such 
merchandise without paying the retail value of the merchandise;
(b)
(i)
alters, transfers, or removes any label, price tag, marking, indicia of value, or 
any other markings which aid in determining value of any merchandise displayed, 
held, stored, or offered for sale, in a retail mercantile establishment; and
(ii)
attempts to purchase the merchandise described in Subsection 
(2)(b)(i)
 personally 
or in consort with another at less than the retail value with the intention of 
depriving the merchant of the retail value of the merchandise;
(c)
transfers any merchandise displayed, held, stored, or offered for sale in a retail 
mercantile establishment from the container in or on which the merchandise is 
displayed to any other container with the intention of depriving the merchant of the 
retail value of the merchandise;
(d)
under-rings with the intention of depriving the merchant of the retail value of the 
merchandise; or
(e)
removes a shopping cart from the premises of a retail mercantile establishment with 
the intent of depriving the merchant of the possession, use, or benefit of the shopping 
cart.
(3)
A violation of Subsection 
(2)
 is:
(a)
a second degree felony if the:
(i)
retail 
value of the merchandise or shopping cart is or exceeds $5,000;
(ii)
merchandise stolen is a firearm or an operable motor vehicle;
 or
(b)
a third degree felony if:
(i)
the 
retail 
value of the merchandise is or exceeds $1,500 but is less than $5,000;
(ii)
the merchandise is:
(A)
a catalytic converter as defined under Section 
76-6-1402
; or
(B)
25 pounds or more of a suspect metal item as defined under Section 
76-6-1402
if the 
retail 
value is less than $5,000 and the suspect metal is made of or 
contains aluminum or copper and is not a lead battery;
(iii)
the 
retail 
value of the merchandise or shopping cart is or exceeds $500 and the 
actor has been twice before convicted of any of the following offenses, if each 
prior offense was committed within 10 years before the date of the current 
conviction or the date of the offense upon which the current conviction is based 
and at least one of those convictions is for a class A misdemeanor:
(A)
any theft, any robbery, or any burglary with intent to commit theft;
(B)
any offense under 
Part 5, Fraud
;
 or
(C)
any attempt to commit any offense under Subsection 
(3)(b)(iii)(A)
 or 
(B)
;
 or
(D)
any offense in another jurisdiction, including a state, federal, or military court, 
that is substantially equivalent to an offense under Subsection (3)(b)(iii)(A), 
(B), or (C);
(iv)
(A)
the 
retail 
value of merchandise or shopping cart is or exceeds $500 but is 
less than $1,500;
(B)
the theft occurs in a retail mercantile establishment or on the premises of a 
retail mercantile establishment where the offender has committed any theft 
within the past five years; and
(C)
the offender has received written notice from the merchant prohibiting the 
offender from entering the retail mercantile establishment or premises of a 
retail mercantile establishment pursuant to Subsection 
78B-3-108(4)
; or
(v)
the actor has been previously convicted of a felony violation of any of the 
offenses listed in Subsections 
(3)(b)(iii)(A)
 through 
(3)(b)(iii)(C)
, 
(D), 
if the 
prior offense was committed within 10 years before the date of the current 
conviction or the date of the offense upon which the current conviction is based;
(c)
a class A misdemeanor if:
(i)
the 
retail 
value of the merchandise or shopping cart stolen is or exceeds $500 but 
is less than $1,500;
(ii)
(A)
the 
retail 
value of merchandise or shopping cart is less than $500;
(B)
the theft occurs in a retail mercantile establishment or premises of a retail 
mercantile establishment where the offender has committed any theft within 
the past five years; and
(C)
the offender has received written notice from the merchant prohibiting the 
offender from entering the retail mercantile establishment or premises of a 
retail mercantile establishment pursuant to Subsection 
78B-3-108(4)
; or
(iii)
the actor has been twice before convicted of any of the offenses listed in 
Subsections 
(3)(b)(iii)(A)
 through 
(3)(b)(iii)(C)
, 
(D), 
if each prior offense was 
committed within 10 years before the date of the current conviction or the date of 
the offense upon which the current conviction is based; or
(d)
a class B misdemeanor if the 
retail 
value of the merchandise or shopping cart stolen 
is less than $500 and the theft is not an offense under Subsection 
(3)(c)
.
Section 15, Section 
76-6-608
 is amended to read:
76-6-608
. Theft detection shielding devices prohibited.
(1)
Terms defined in Sections 
76-1-101.5
 and 
76-6-601
 apply to this section.
(2)
An actor commits the unlawful shielding of a theft detection device if the actor 
knowingly:
(a)
makes or possesses any container or device used for, intended for use for, or 
represented as having the purpose of shielding merchandise from any electronic or 
magnetic theft alarm sensor, with the intent to commit a theft of merchandise;
(b)
sells, offers to sell, advertises, gives, transports, or otherwise transfers to another any 
container or device intended for use for or represented as having the purpose of 
shielding merchandise from any electronic or magnetic theft alarm sensor;
(c)
possesses any tool or instrument designed to remove any theft detection device from 
any merchandise, with the intent to use the tool or instrument to remove any theft 
detection device from any merchandise without the permission of the merchant or the 
person owning or in possession of the merchandise; or
(d)
intentionally removes a theft detection device from merchandise prior to purchase 
and without the permission of the merchant.
(3)
(a)
A violation of Subsection 
(2)(a)
, 
(b)
, or 
(c)
 is a class A misdemeanor.
(b)
A violation of Subsection 
(2)(d)
 is a:
(i)
class B misdemeanor if the 
retail 
value of the merchandise from which the theft 
detection device is removed is less than $500; or
(ii)
class A misdemeanor if the 
retail 
value of the merchandise from which the theft 
detection device is removed is or exceeds $500.
(4)
A violation of Subsection 
(2)
 is a separate offense from any offense listed in 
Part 4, 
Theft
, or 
Part 6, Retail Theft
.
(5)
Criminal prosecutions under this section do not affect any person's right of civil action 
for redress for damages suffered as a result of any violation of this section.
Section 16, Section 
76-9-802
 is amended to read:
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 primary activities the commission of 
one or more predicate 
gang crimes
a criminal offense
;
(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.
(3)
"Minor" means 
a person
an individual
 younger than 18 years old.
(4)
"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
criminal offenses
 within five 
years;
(b)
the 
predicate gang crimes
criminal offenses
 are:
(i)
committed by two or more 
persons
individuals
; or
(ii)
committed by an individual at the direction of, or in association with a criminal 
street gang; and
(c)
the criminal 
activity was
offenses were
 committed with the specific intent to 
promote, further, or assist in any criminal conduct by members of the criminal street 
gang.
(5)
(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 
76-5-102
 through 
76-5-103.5
, which address assault offenses;
(iv)
Title 76, Chapter 5, Part 2, Criminal Homicide;
(v)
Sections 
76-5-301
 through 
76-5-304
, which address kidnapping and related 
offenses;
(vi)
a felony offense under Title 76, Chapter 5, Part 4, Sexual Offenses;
(vii)
Title 76, Chapter 6, Part 1, Property Destruction;
(viii)
Title 76, Chapter 6, Part 2, Burglary and Criminal Trespass;
(ix)
Title 76, Chapter 6, Part 3, Robbery;
(x)
a felony offense under Title 76, 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)
Title 76, 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)
Title 76, Chapter 6, Part 11, Identity Fraud Act;
(xiii)
Title 76, 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)
tampering with a witness under Section 
76-8-508
;
(xv)
retaliation against a witness, victim, or informant under Section 
76-8-509.3
;
(xvi)
receiving or soliciting a bribe as a witness under Section 
76-8-508.7
;
(xvii)
extortion or bribery to dismiss a criminal proceeding under Section 
76-8-509
;
(xviii)
a misdemeanor violation of disorderly conduct under Section 
76-9-102
, if the 
violation occurs at an official meeting;
(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 state or federal criminal offense that by its nature involves a substantial risk 
that physical force may be used against another in the course of committing the 
offense; and
(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 
violation of any offense in Subsection (4)(a) if committed in this state.
Section 17, 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)
It is a class B misdemeanor to:
(a)
solicit, recruit, entice, or intimidate a minor to join a criminal street gang, whether 
or not the minor actually joins the criminal street gang;
(b)
conspire to commit any act under Subsection 
(1)(a)
 with the intent to cause a minor 
to join a criminal street gang; or
(c)
use 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.
(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.
(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 if the actor:
(a)
solicits, recruits, entices, or intimidates a minor to join a criminal street gang; or
(b)
conspires to commit an act described in Subsection (2)(a) with the intent to cause a 
minor to join a criminal street gang.
(3)
A violation of Subsection (2) is:
(a)
a class A misdemeanor if the actor is a minor; or
(b)
a third degree felony if the actor is 18 years old or older.
(4)
It is not a defense to a prosecution under this section that the minor did not join the 
criminal street gang.
Section 18, Section 
76-9-803.1
 is enacted to read:
76-9-803.1
. Aggravated 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.
(2)
An actor commits aggravated soliciting, recruiting, enticing, or intimidating a minor to 
join a criminal street gang if, in the course of committing an offense under Section 
76-9-803
, the offense:
(a)
involves the use of a dangerous weapon;
(b)
results in serious bodily injury to any individual; or
(c)
results in serious emotional distress to any individual.
(3)
A violation of Subsection (2) is:
(a)
a third degree felony if the actor is a minor; or
(b)
a second degree felony if the actor is 18 years old or older.
(4)
It is not a defense to a prosecution under this section that the minor did not join the 
criminal street gang.
Section 19, Section 
76-9-803.2
 is enacted to read:
76-9-803.2
. Intimidating a minor to remain in a criminal street gang.
(1)
Terms defined in Sections 
76-1-101.5
 and 
76-9-802
 apply to this section.
(2)
An actor commits intimidating a minor to remain in a criminal street gang if the actor 
intimidates a minor to prevent the 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)
a class A misdemeanor if the actor is a minor; or
(b)
a third degree felony if the actor is 18 years old or older.
(4)
It is not a defense to a prosecution under this section that the minor described in 
Subsection (2) left or ended the minor's affiliation with a criminal street gang.
Section 20, Section 
76-9-803.3
 is enacted to read:
76-9-803.3
. Aggravated intimidating a minor to remain in a criminal street gang.
(1)
Terms defined in Sections 
76-1-101.5
 and 
76-9-802
 apply to this section.
(2)
An actor commits aggravated intimidating a minor to remain in a criminal street gang if, 
in the course of committing an offense under Section 
76-9-803.2
, the offense:
(a)
involves the use of a dangerous weapon;
(b)
results in serious bodily injury to any individual; or
(c)
results in serious emotional distress to any individual.
(3)
A violation of Subsection (2) is:
(a)
a third degree felony if the actor is a minor; or
(b)
a second degree felony if the actor is 18 years old or older.
(4)
It is not a defense to a prosecution under this section that the minor described in 
Subsection (2) left or ended the minor's affiliation with a criminal street gang.
Section 21, Section 
76-10-1302
 is amended to read:
76-10-1302
. Prostitution.
(1)
An actor, except for a child under Section 
76-10-1315
, is guilty of prostitution if the 
actor engages in sexual activity with another individual for a fee, or the functional 
equivalent of a fee.
(2)
(a)
Except as provided in Subsection 
(2)(b)
 and Section 
76-10-1309
, a violation of 
Subsection 
(1)
 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 (1) is a class A misdemeanor if the actor has 
previously been convicted of:
(i)
a violation of Subsection 
(1)
;
(ii)
 under 
a local ordinance adopted 
under
in accordance with
 Section 
76-10-1307
, 
is guilty of a class A misdemeanor
 addressing the same or similar type of 
violation to the violation described in Subsection (1); or
(iii)
a criminal violation in another jurisdiction, including a state, federal, or military 
court, that is substantially equivalent to the violation described in Subsection (1)
.
(3)
A prosecutor may not prosecute an actor for a violation of Subsection 
(1)
 if the actor 
engages in a violation of Subsection 
(1)
 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, Section 
76-5-102
;
(b)
aggravated assault, Section 
76-5-103
;
(c)
mayhem, Section 
76-5-105
;
(d)
aggravated murder, murder, manslaughter, negligent homicide, child abuse 
homicide, or homicide by assault under 
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 
Chapter 5, Part 3, Kidnapping, Trafficking, and 
Smuggling
;
(f)
rape, Section 
76-5-402
;
(g)
rape of a child, Section 
76-5-402.1
;
(h)
object rape, Section 
76-5-402.2
;
(i)
object rape of a child, Section 
76-5-402.3
;
(j)
forcible sodomy, Section 
76-5-403
;
(k)
sodomy on a child, Section 
76-5-403.1
;
(l)
forcible sexual abuse, Section 
76-5-404
;
(m)
sexual abuse of a child, Section 
76-5-404.1
, or aggravated sexual abuse of a child, 
Section 
76-5-404.3
;
(n)
aggravated sexual assault, Section 
76-5-405
;
(o)
sexual exploitation of a minor, Section 
76-5b-201
;
(p)
aggravated sexual exploitation of a minor, Section 
76-5b-201.1
;
(q)
sexual exploitation of a vulnerable adult, Section 
76-5b-202
;
(r)
aggravated burglary or burglary of a dwelling under 
Chapter 6, Part 2, Burglary and 
Criminal Trespass
;
(s)
aggravated robbery or robbery under 
Chapter 6, Part 3, Robbery
; or
(t)
theft by extortion under Section 
76-6-406
 under the circumstances described in 
Subsection 
76-6-406(1)(a)(i)
 or 
(ii)
.
Section 22, Section 
76-10-1303
 is amended to read:
76-10-1303
. Patronizing a prostitute.
(1)
An actor is guilty of patronizing a prostitute if the actor:
(a)
pays or offers 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, 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.
(2)
(a)
Except as provided in Subsection (2)(b), (3), or Section 
76-10-1309
, a violation of 
Subsection (1) is a class A misdemeanor with a mandatory fine of not less than 
$5,000.
(b)
A violation of Subsection (1) is a third degree felony, with a mandatory fine of not 
less than $10,000, if the actor has previously been convicted two or more times of:
(i)
a violation of Subsection (1);
(ii)
a local ordinance adopted in accordance with Section 
76-10-1307
 addressing the 
same or similar type of violation to the violation described in Subsection (1); or
(iii)
a criminal violation in another jurisdiction, including a state, federal, or military 
court, that is substantially equivalent to the violation described in Subsection (1).
(5)
(3)
(a)
Except as provided in Subsection 
(5)(d)
(3)(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
 with a mandatory fine of not less than 
$20,000
.
(b)
In accordance with Section 
76-2-304.5
, it is not a defense to a prosecution under 
Subsection 
(5)(a)
(3)(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)
(3)(a)
.
(d)
If the act committed under Subsection 
(5)(a)
(3)(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)
(3)(a)
, this Subsection 
(5)
(3)
 does not prohibit prosecution 
and sentencing for the more serious offense.
(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 to pay for and complete a court-approved educational program about 
the negative effects on an individual involved with prostitution or human trafficking.
Section 23, Section 
76-10-1304
 is amended to read:
76-10-1304
. Aiding prostitution.
(1)
An individual is guilty of aiding prostitution if the individual:
(a)
(i)
solicits an individual to patronize a prostitute, or to patronize an individual the 
actor believes to be a prostitute;
(ii)
procures or attempts to procure a prostitute, or an individual the actor believes to 
be a prostitute, for a patron;
(iii)
leases, operates, or otherwise permits a place controlled by the actor, alone or in 
association with another, to be used for prostitution or the promotion of 
prostitution; or
(iv)
provides any service or commits any act that enables another individual to 
commit a violation of this Subsection 
(1)(a)
 or facilitates another individual's 
ability to commit any violation of this Subsection 
(1)(a)
; or
(b)
solicits, receives, or agrees to receive any benefit for committing any of the acts 
prohibited by Subsection 
(1)(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.
(2)
(a)
Except as provided in Subsection (2)(b), a violation of Subsection (1) is a class A 
misdemeanor.
(b)
A violation of Subsection (1) is a third degree felony if the actor has previously been 
convicted of:
(i)
a violation of Subsection (1);
(ii)
a local ordinance adopted in accordance with Section 
76-10-1307
 addressing the 
same or similar type of violation to the violation described in Subsection (1); or
(iii)
a criminal violation in another jurisdiction, including a state, federal, or military 
court, that is substantially equivalent to the violation described in Subsection (1).
(4)
(3)
Upon a conviction for a violation of this section, the court shall order 
the 
maximum fine amount
a fine of not less than $10,000
 and may not waive or suspend the 
fine.
Section 24, Section 
76-10-1602
 is amended to read:
76-10-1602
. Definitions.
As used in this part:
(1)
"Enterprise" means any individual, sole proprietorship, partnership, corporation, 
business trust, association, or other legal entity, and any union or group of individuals 
associated in fact although not a legal entity, and includes illicit as well as licit entities.
(2)
"Pattern of unlawful activity" means engaging in conduct which 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 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 would 
constitute any offense described by the following crimes or categories of crimes, or to 
attempt or conspire to engage in an act which would constitute any of those offenses, 
regardless of whether the act is in fact charged or indicted by any 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)
sexual extortion under Section 
76-5b-204
;
(x)
(y)
arson under Section 
76-6-102
;
(y)
(z)
aggravated arson under Section
76-6-103
;
(z)
(aa)
causing a catastrophe under Section 
76-6-105
;
(aa)
(bb)
burglary under Section 
76-6-202
;
(bb)
(cc)
aggravated burglary under Section
76-6-203
;
(cc)
(dd)
burglary of a vehicle under Section 
76-6-204
;
(dd)
(ee)
manufacture or possession of an instrument for burglary or theft under Section 
76-6-205
;
(ee)
(ff)
robbery under Section 
76-6-301
;
(ff)
(gg)
aggravated robbery under Section
76-6-302
;
(gg)
(hh)
theft under Section 
76-6-404
;
(hh)
(ii)
theft by deception under Section 
76-6-405
;
(ii)
(jj)
theft by extortion under Section 
76-6-406
;
(jj)
(kk)
receiving stolen property under Section 
76-6-408
;
(kk)
(ll)
theft of services under Section 
76-6-409
;
(ll)
(mm)
forgery under Section 
76-6-501
;
(mm)
(nn)
unlawful use of financial transaction card under Section
76-6-506.2
;
(nn)
(oo)
unlawful acquisition, possession, or transfer of financial transaction card 
under Section
76-6-506.3
;
(oo)
(pp)
financial transaction card offenses under Section
76-6-506.6
;
(pp)
(qq)
deceptive business practices under Section 
76-6-507
;
(qq)
(rr)
bribery or receiving bribe by person in the business of selection, appraisal, or 
criticism of goods under Section 
76-6-508
;
(rr)
(ss)
bribery of a labor official under Section 
76-6-509
;
(ss)
(tt)
defrauding creditors under Section 
76-6-511
;
(tt)
(uu)
acceptance of deposit by insolvent financial institution under Section 
76-6-512
;
(uu)
(vv)
unlawful dealing with property by fiduciary under Section 
76-6-513
;
(vv)
(ww)
bribery or threat to influence contest under Section 
76-6-514
;
(ww)
(xx)
making a false credit report under Section 
76-6-517
;
(xx)
(yy)
criminal simulation under Section 
76-6-518
;
(yy)
(zz)
criminal usury under Section 
76-6-520
;
(zz)
(aaa)
insurance fraud under Section 
76-6-521
;
(aaa)
(bbb)
retail theft under Section 
76-6-602
;
(bbb)
(ccc)
computer crimes under Section 
76-6-703
;
(ccc)
(ddd)
identity fraud under Section 
76-6-1102
;
(ddd)
(eee)
mortgage fraud under Section 
76-6-1203
;
(eee)
(fff)
sale of a child under Section 
76-7-203
;
(fff)
(ggg)
bribery to influence official or political actions under Section 
76-8-103
;
(ggg)
(hhh)
threat to influence official or political action under Section 
76-8-104
;
(hhh)
(iii)
receiving bribe or bribery by public servant under Section 
76-8-105
;
(iii)
(jjj)
receiving bribe for endorsement of person as a public servant under Section 
76-8-106
;
(jjj)
(kkk)
bribery for endorsement of person as public servant under Section 
76-8-106.1
;
(kkk)
(lll)
official misconduct based on unauthorized act or failure of duty under Section
76-8-201
;
(lll)
(mmm)
official misconduct concerning inside information under Section
76-8-202
;
(mmm)
(nnn)
obstruction of justice in a criminal investigation or proceeding under 
Section 
76-8-306
;
(nnn)
(ooo)
acceptance of bribe or bribery to prevent criminal prosecution under 
Section 
76-8-308
;
(ooo)
(ppp)
harboring or concealing offender who has escaped from official custody 
under Section 
76-8-309.2
;
(ppp)
(qqq)
making a false or inconsistent material statement under Section 
76-8-502
;
(qqq)
(rrr)
making a false or inconsistent statement under Section 
76-8-503
;
(rrr)
(sss)
making a written false statement under Section 
76-8-504
;
(sss)
(ttt)
tampering with a witness under Section 
76-8-508
;
(ttt)
(uuu)
retaliation against a witness, victim, or informant under Section 
76-8-508.3
;
(uuu)
(vvv)
receiving or soliciting a bribe as a witness under Section 
76-8-508.7
;
(vvv)
(www)
extortion or bribery to dismiss a criminal proceeding under Section 
76-8-509
;
(www)
(xxx)
tampering with evidence under Section 
76-8-510.5
;
(xxx)
(yyy)
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)
(zzz)
public assistance fraud by an applicant for public assistance under Section 
76-8-1203.1
;
(zzz)
(aaaa)
public assistance fraud by a recipient of public assistance under Section 
76-8-1203.3
;
(aaaa)
(bbbb)
public assistance fraud by a provider under Section 
76-8-1203.5
;
(bbbb)
(cccc)
fraudulently misappropriating public assistance funds under Section 
76-8-1203.7
;
(cccc)
(dddd)
false statement to obtain or increase unemployment compensation under 
Section 
76-8-1301
;
(dddd)
(eeee)
false statement to prevent or reduce unemployment compensation or 
liability under Section 
76-8-1302
;
(eeee)
(ffff)
unlawful failure to comply with Employment Security Act requirements 
under Section 
76-8-1303
;
(ffff)
(gggg)
unlawful use or disclosure of employment information under Section 
76-8-1304
;
(gggg)
(hhhh)
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
;
(iiii)
soliciting, recruiting, enticing, or intimidating a minor to join a criminal street gang 
under Section 
76-9-803
;
(jjjj)
aggravated soliciting, recruiting, enticing, or intimidating a minor to join a criminal 
street gang under Section 
76-9-803.1
;
(kkkk)
intimidating a minor to remain in a criminal street gang under Section 
76-9-803.2
;
(llll)
aggravated intimidating a minor to remain in a criminal street gang under Section 
76-9-803.3
;
(hhhh)
(mmmm)
possession, use, or removal of explosives, chemical, or incendiary 
devices or parts under Section 
76-10-306
;
(iiii)
(nnnn)
delivery to common carrier, mailing, or placement on premises of an 
incendiary device under Section 
76-10-307
;
(jjjj)
(oooo)
possession of a deadly weapon with intent to assault under Section 
76-10-507
;
(kkkk)
(pppp)
unlawful marking of pistol or revolver under Section 
76-10-521
;
(llll)
(qqqq)
alteration of number or mark on pistol or revolver under Section 
76-10-522
;
(mmmm)
(rrrr)
forging or counterfeiting trademarks, trade name, or trade device under 
Section 
76-10-1002
;
(nnnn)
(ssss)
selling goods under counterfeited trademark, trade name, or trade devices 
under Section 
76-10-1003
;
(oooo)
(tttt)
sales in containers bearing registered trademark of substituted articles 
under Section 
76-10-1004
;
(pppp)
(uuuu)
selling or dealing with article bearing registered trademark or service 
mark with intent to defraud under Section 
76-10-1006
;
(qqqq)
(vvvv)
gambling under Section 
76-10-1102
;
(rrrr)
(wwww)
gambling fraud under Section 
76-10-1103
;
(ssss)
(xxxx)
gambling promotion under Section 
76-10-1104
;
(tttt)
(yyyy)
possessing a gambling device or record under Section 
76-10-1105
;
(uuuu)
(zzzz)
confidence game under Section 
76-10-1109
;
(vvvv)
(aaaaa)
distributing pornographic material under Section 
76-10-1204
;
(wwww)
(bbbbb)
inducing acceptance of pornographic material under Section 
76-10-1205
;
(xxxx)
(ccccc)
dealing in harmful material to a minor under Section 
76-10-1206
;
(yyyy)
(ddddd)
distribution of pornographic films under Section 
76-10-1222
;
(zzzz)
(eeeee)
indecent public displays under Section 
76-10-1228
;
(aaaaa)
(fffff)
prostitution under Section 
76-10-1302
;
(bbbbb)
(ggggg)
aiding prostitution under Section 
76-10-1304
;
(ccccc)
(hhhhh)
exploiting prostitution under Section 
76-10-1305
;
(ddddd)
(iiiii)
aggravated exploitation of prostitution under Section 
76-10-1306
;
(eeeee)
(jjjjj)
communications fraud under Section 
76-10-1801
;
(fffff)
(kkkkk)
an act prohibited by the criminal provisions of Part 19, Money 
Laundering and Currency Transaction Reporting Act;
(ggggg)
(lllll)
vehicle compartment for contraband under Section 
76-10-2801
;
(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.
Secs.
 1961(1)(B), (C), and (D).
Section 25, 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
;
(c)
criminal activity committed in concert with 
three
two
 or more 
persons
individuals
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
.
(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 26, 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
, which creates the conditions of a nuisance as 
defined in Subsection 
78B-6-1101(1)
;
(c)
criminal activity is committed in concert with 
three
two
 or more 
persons
individuals
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
; and
(h)
a violation of 
Title 76, Chapter 10, Part 5, 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 27. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
Section 29. 
Coordinating H.B. 38 with H.B. 22 and H.B. 21 if all pass and become law.
If H.B. 38, Criminal Offenses Modifications, H.B. 22, Prostitution Offense 
Amendments, and H.B. 21, Criminal Code Recodification and Cross References, all pass and 
become law, the Legislature intends that, on May 7, 2025:
(1) the changes to Section 
76-10-1303
 in H.B. 38 not be made;
(2) Subsection 
76-5d-203(3)
 in H.B. 21 and H.B. 22 be amended to read:
"(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);
(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); or
(iii) a criminal violation in another jurisdiction, including a state, federal, or 
military court, that is substantially equivalent to the violation described in Subsection (2).";
(3) Section 
76-5d-204
, enacted in H.B. 22, supersede Section 
76-5d-204
, enacted in 
H.B. 21; and
(4) Subsection 
76-5d-204(3)(a)
, enacted in H.B. 22 and H.B. 21, be amended to read:
"(a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a second 
degree felony with a mandatory fine of not less than $20,000.".
Section 30. 
Coordinating H.B. 38 with H.B. 21.
If H.B. 38, Criminal Offenses Modifications, and H.B. 21, Criminal Code 
Recodification and Cross References, both pass and become law, the Legislature intends that, 
on May 7, 2025, the amendments to Section 
76-9-803
 in H.B. 38 supersede the amendments to 
that section in H.B. 21.
3-12-25 3:19 PM