Utah Code 76-10-2801. Vehicle compartment for contraband — Penalties
Current as of: 2024 | Check for updates
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(1) As used in this section:
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 76-10-2801
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: means an individual, public or private corporation, government, partnership, or unincorporated association. 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
- 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)
(1)(a)(i) “Compartment” means any box, container, space, or enclosure:
(1)(a)(i)(A) that is intended or designed to conceal, hide, or otherwise prevent the discovery of contraband; and
(1)(a)(i)(B) that is within a vehicle or attached to a vehicle.
(1)(a)(ii) “Compartment” includes:
(1)(a)(ii)(A) false, altered, or modified fuel tanks;
(1)(a)(ii)(B) original factory equipment of a vehicle that is modified, altered, or changed to accommodate or contain contraband; and
(1)(a)(ii)(C) a box, container, space, or enclosure that is fabricated, made, created from, or added to the existing structure of a vehicle.
(1)(b)
(1)(b)(i) “Contraband” means any property, item, or substance which is unlawful to produce or possess under state or federal law.
(1)(b)(ii) “Contraband” includes any cash or monetary instrument that is the proceeds of an unlawful activity under Subsection 76-10-1602(4) .
(1)(c) “Motor vehicle” has the same meaning as in Section 41-6a-102 .
(1)(d) “Semitrailer” has the same meaning as in Section 41-6a-102 .
(1)(e) “Trailer” has the same meaning as in Section 41-1a-102 .
(1)(f) “Vehicle” means a motor vehicle, a trailer, and a semitrailer.
(2) It is a class A misdemeanor for a person to knowingly possess, use, or control a vehicle which has a compartment with the intent to store, conceal, or transport contraband in the compartment.
(3) It is a third degree felony for a person to facilitate the storage, concealment, or transportation of contraband by:
(3)(a) designing, constructing, building, altering, or fabricating a compartment for a vehicle;
(3)(b) installing or creating a compartment in a vehicle; or
(3)(c) attaching a compartment to a vehicle.
(4) The trier of fact may infer that a person intended to store, conceal, or transport contraband if the person possesses, uses, or controls a vehicle that has a compartment, and the compartment contains:
(4)(a) contraband; or
(4)(b) evidence of prior storage, concealment, or transportation of contraband.