Utah Code 76-6-1406.1. Unlawful failure to follow restrictions on the purchase of regulated metal
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(1) Terms defined in Sections 76-1-101.5 and 76-6-1402 apply to this section.
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class A misdemeanor | up to 364 days | up to $2,500 |
| class C misdemeanor | up to 90 days | up to $750 |
Terms Used In Utah Code 76-6-1406.1
- Dealer: means :(2)(a) a scrap metal processor or secondary metals dealer or recycler, but does not include:(2)(a)(i) junk dealers as defined in Section 76-6-1402;(2)(a)(ii) solid waste management facilities as defined in Section 19-6-502; or(2)(a)(iii) the following businesses that are authorized to accept delivery of used lead batteries for recycling under Sections 19-6-603, 19-6-604, and 19-6-605:(2)(a)(iii)(A) retailers;(2)(a)(iii)(B) wholesalers;(2)(a)(iii)(C) battery manufacturers; and(2)(a)(iii)(D) secondary lead smelters. See Utah Code 76-6-1402
- Junk dealer: means all persons, firms, or corporations engaged in the business of purchasing or selling secondhand or castoff material, including ropes, cordage, bottles, bagging, rags, rubber, paper, and other like materials, but not including regulated metal. See Utah Code 76-6-1402
- Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
- Possess: means to have physical possession of or to exercise dominion or control over tangible property. See Utah Code 76-1-101.5
- Regulated metal: includes :
(9)(b)(i) aluminum, brass, copper, lead, chromium, tin, nickel, or alloys of these metals, except under Subsection (9)(c), and lead that is a part of an automotive or industrial lead battery;(9)(b)(ii) property that is a regulated metal and that is owned by, and also identified by marking or other means as the property of:(9)(b)(ii)(A) a telephone, cable, electric, water, or other utility; or(9)(b)(ii)(B) a railroad company;(9)(b)(iii) unused and undamaged building construction materials made of metal or alloy, including:(9)(b)(iii)(A) copper pipe, tubing, or wiring; and(9)(b)(iii)(B) aluminum wire, siding, downspouts, or gutters;(9)(b)(iv) oil well rigs, including any part of the rig;(9)(b)(v) nonferrous materials, stainless steel, and nickel; and(9)(b)(vi) irrigation pipe. See Utah Code 76-6-1402- 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
(2) A dealer commits unlawful failure to follow restrictions on the purchase of regulated metal if the dealer violates a requirement under Section 76-6-1406.(3)(3)(a)(3)(a)(i) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class C misdemeanor.(3)(a)(ii) A dealer who is convicted of a class C misdemeanor under this section is subject to a mandatory fine of no less than $750.(3)(b)(3)(b)(i) A violation of Subsection (2) is a class A misdemeanor if the dealer previously has been convicted of a violation of this section or Section 76-6-1403.1, 76-6-1404.1, 76-6-1405.1, or 76-6-1409.1.(3)(b)(ii) A dealer who is convicted of a class A misdemeanor under this section is subject to a mandatory fine of no less than $2,500.(4)(4)(a) This section does not impair the authority of a county or municipality in this state to license, tax, and regulate any junk dealer or metal dealer, except that local regulations may not be any less stringent than the provisions in Section 76-6-1406 or this section.(4)(b) This section does not impair the authority of a county or municipality to revoke or deny a business license or permit required by that county or municipality regulating the authority to sell, purchase, or possess metal, including the revocation or denial of a business license or permit based on a violation of Section 76-6-1406 or this section.(4)(c) This section does not prohibit the charging of a seller or dealer with any other criminal offense related to the obtaining, possession, or selling of stolen regulated metals.