Utah Code 76-6-106.1. Property damage or destruction
Current as of: 2024 | Check for updates
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(1) Terms defined in Sections 76-1-101.5 and 76-6-101 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 B misdemeanor | up to 6 months | up to $1,000 |
Terms Used In Utah Code 76-6-106.1
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
- Conduct: means an act or omission. See Utah Code 76-1-101.5
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
- Property: means :(1)(e)(i) any form of real property or tangible personal property which is capable of being damaged or destroyed and includes a habitable structure; and(1)(e)(ii) the property of another, if anyone other than the actor has a possessory or proprietary interest in any portion of the property. See Utah Code 76-6-101
- Value: means :
(1)(f)(i) the market value of the property, if totally destroyed, at the time and place of the offense, or where cost of replacement exceeds the market value; or(1)(f)(ii) where the market value cannot be ascertained, the cost of repairing or replacing the property within a reasonable time following the offense. See Utah Code 76-6-101(2) An actor commits property damage or destruction if the actor under circumstances not amounting to arson or criminal mischief:(2)(a) damages or destroys property with the intention of defrauding an insurer; or(2)(b) intentionally damages, defaces, or destroys the property of another.(3)(3)(a)(3)(a)(i) Except as provided in Subsection (3)(a)(ii), a violation of Subsection (2)(a) is a third degree felony.(3)(a)(ii) A violation of Subsection (2)(a) is a second degree felony if the actor’s conduct causes or is intended to cause pecuniary loss equal to or in excess of $5,000.(3)(b) A violation of Subsection (2)(b) is a:(3)(b)(i) second degree felony if the actor’s conduct causes or is intended to cause pecuniary loss equal to or in excess of $5,000 in value;(3)(b)(ii) third degree felony if the actor’s conduct causes or is intended to cause pecuniary loss equal to or in excess of $1,500 but is less than $5,000 in value;(3)(b)(iii) class A misdemeanor if the actor’s conduct causes or is intended to cause pecuniary loss equal to or in excess of $500 but is less than $1,500 in value; and(3)(b)(iv) class B misdemeanor if the actor’s conduct causes or is intended to cause pecuniary loss less than $500 in value.(4) In determining the value of damages under this section, or for computer crimes under Section 76-6-703, the value of any item, computer, computer network, computer property, computer services, software, or data includes the measurable value of the loss of use of the items and the measurable cost to replace or restore the items. - Value: means :