Utah Code 76-10-2402. Commercial obstruction — Penalties
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 A misdemeanor | up to 364 days | up to $2,500 |
Terms Used In Utah Code 76-10-2402
- Act: means a voluntary bodily movement and includes speech. See Utah Code 76-1-101.5
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Business: means a retail business dealing in tangible personal property. See Utah Code 76-10-2401
- 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
- Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
(1)(a) A person is guilty of a misdemeanor if the person enters or remains unlawfully on the premises of or in a building of any business with the intent to interfere with the employees, customers, personnel, or operations of a business through any conduct that does not constitute an offense listed under Subsection (2) .
(1)(b) A violation of Subsection (1)(a) is a class A misdemeanor.
(2) A person is guilty of felony commercial obstruction if the person enters or remains unlawfully on the premises or in a building of any business with the intent to interfere with the employees, customers, personnel, or operations of a business and also with the intent to:
(2)(a) obtain unauthorized control over any merchandise, property, records, data, or proprietary information of the business;
(2)(b) alter, eradicate, or remove any merchandise, records, data, or proprietary information of the business;
(2)(c) damage, deface, or destroy any property on the premises of the business;
(2)(d) commit an assault on any person; or
(2)(e) commit any other felony.
(3) A person who violates any provision in Subsection (2) is guilty of a second degree felony.
(4) This section does not apply to action protected by the National Labor Relations Act, 29 U.S.C. § 151 et seq., or the Federal Railway Labor Act, 45 U.S.C. § 151 et seq.
(5) This section does not apply to a person’s exercise of the rights under the First Amendment to the Constitution of the United States or under Article I, Sec. 15 of the Utah Constitution.