Utah Code 76-10-1609. Prospective application
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Terms Used In Utah Code 76-10-1609
- Act: means a voluntary bodily movement and includes speech. See Utah Code 76-1-101.5
- 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. See Utah Code 76-10-1602
- 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:(4)(a) an act prohibited by the criminal provisions under Title 13, Chapter 10, Unauthorized Recording Practices Act;(4)(b) an act prohibited by the criminal provisions under Title 19, Environmental Quality Code, Sections
19-1-101 through19-7-109 ;(4)(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 Section23A-5-311 ;(4)(d) false claims for medical benefits, kickbacks, or other acts prohibited under Title 26B, Chapter 3, Part 11, Utah False Claims Act, Sections26B-3-1101 through26B-3-1112 ;(4)(e) an act prohibited by the criminal provisions under Title 32B, Chapter 4, Criminal Offenses and Procedure Act;(4)(f) an act prohibited by the criminal provisions under Title 57, Chapter 11, Utah Uniform Land Sales Practices Act;(4)(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;(4)(h) an act prohibited by the criminal provisions under Title 61, Chapter 1, Utah Uniform Securities Act;(4)(i) an act prohibited by the criminal provisions under Title 63G, Chapter 6a, Utah Procurement Code;(4)(j) assault under Section76-5-102 ;(4)(k) aggravated assault under Section76-5-103 ;(4)(l) a threat of terrorism under SectionUtah Code 76-10-1602 The amendments to the Utah Pattern of Unlawful Activity Act are prospective in nature and apply only to civil causes of action accruing after the effective date of this act. However, crimes committed prior to the effective date of this act may comprise part of a pattern of unlawful activity if at least one of the criminal episodes comprising that pattern occurs after the effective date of this act and the pattern otherwise meets the definition of pattern of unlawful activity as defined in Section
76-10-1602 .