Utah Code 76-5-107.3. Threat of terrorism — Penalty
Current as of: 2024 | Check for updates
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Other versions
(1)
For details, see Utah Code § 76-3-204
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class B misdemeanor | up to 6 months | up to $1,000 |
Terms Used In Utah Code 76-5-107.3
- Act: means a voluntary bodily movement and includes speech. See Utah Code 76-1-101.5
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
- Bodily injury: means physical pain, illness, or any impairment of physical condition. See Utah Code 76-1-101.5
- Conduct: means an act or omission. See Utah Code 76-1-101.5
- Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(1)(a) As used in this section:
(1)(a)(i) “Hoax weapon of mass destruction” means the same as that term is defined in Section 76-10-401.
(1)(a)(ii) “Weapon of mass destruction” means the same as that term is defined in Section 76-10-401.
(1)(b) Terms defined in Section 76-1-101.5 apply to this section.
(2)
(2)(a) An actor commits a threat of terrorism if the actor threatens to commit an offense involving bodily injury, death, or substantial property damage and the actor:
(2)(a)(i)
(2)(a)(i)(A) threatens the use of a weapon of mass destruction; or
(2)(a)(i)(B) threatens the use of a hoax weapon of mass destruction; or
(2)(a)(ii) acts with intent to:
(2)(a)(ii)(A) intimidate or coerce a civilian population or to influence or affect the conduct of a government or a unit of government;
(2)(a)(ii)(B) prevent or interrupt the occupation of a building or a portion of the building, a place to which the public has access, or a facility or vehicle of public transportation operated by a common carrier; or
(2)(a)(ii)(C) cause an official or volunteer agency organized to deal with emergencies to take action due to the actor’s conduct posing a serious and substantial risk to the general public.
(2)(b) A threat under this section may be express or implied.
(3)
(3)(a)
(3)(a)(i) A violation of Subsection (2)(a)(i) or (2)(a)(ii)(A) is a second degree felony.
(3)(a)(ii) A violation of Subsection (2)(a)(ii)(B) is a third degree felony.
(3)(a)(iii) A violation of Subsection (2)(a)(ii)(C) is a class B misdemeanor.
(3)(b) An actor who commits an offense under this section is subject to punishment for that offense, in addition to any other offense committed, including the carrying out of the threatened act.
(3)(c) In addition to any other penalty authorized by law, a court shall order an actor convicted of a violation of this section to reimburse any federal, state, or local unit of government, or any private business, organization, individual, or entity for all expenses and losses incurred in responding to the violation, unless the court states on the record the reasons why the reimbursement would be inappropriate.
(4) It is not a defense under this section that the actor did not attempt to carry out or was incapable of carrying out the threat.