Utah Code 76-6-113. Property damage resulting in economic interruption — Enhanced penalties
Current as of: 2024 | Check for updates
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(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 76-6-113
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
- Conviction: A judgement of guilt against a criminal defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
- 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
- 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) As used in this section:(1)(a)(i) “Business” means an enterprise carried on for the purpose of gain or economic profit.(1)(a)(ii) “Governmental entity” means the state, a county, a municipality, a special district, a special service district, a school district, a state institution of higher education, or any other political subdivision or administrative unit of the state.(1)(a)(iii) “Economic interruption” means any disruption or cessation to the operations of a business or governmental entity that results in:(1)(a)(iii)(A) the business or governmental entity ceasing operations for at least one day; or(1)(a)(iii)(B) the employees of the business or governmental entity being unable to perform labor for the business or governmental entity for at least one day.(1)(b) Terms defined in Sections76-1-101.5 and76-6-101 apply to this section.
(2) An actor commits property damage resulting in economic interruption if:
(2)(a) the actor intentionally, knowingly, recklessly, or negligently damages, defaces, or destroys a business’s or governmental entity’s property; and
(2)(b) the actor’s actions under Subsection (2)(a) cause an economic interruption for the business or governmental entity.
(3) A violation of Subsection (2) is a class A misdemeanor.
(4) It is not a defense under this section that the actor did not know that the victim is a business or governmental entity.
(5) If the trier of facts finds that the actor committed a violation of Subsection (2), the actor is guilty of:
(5)(a) a third degree felony if the actor has two prior convictions for a violation of Subsection (2) within five years before the day on which the actor committed the most recent violation of Subsection (2); and
(5)(b) a second degree felony if the actor has at least three prior convictions for a violation of Subsection (2) within five years before the day on which the actor committed the most recent violation of Subsection (2).
(6) A prior conviction used for a penalty enhancement under Subsection (5) is a conviction that is from a separate criminal episode than:
(6)(a) the most recent violation of Subsection (2); and
(6)(b) any other prior conviction that is used to enhance the penalty for the most recent violation of Subsection (2).
(7) The prosecuting attorney, or the grand jury if an indictment is returned, shall include notice in the information or indictment that the offense is subject to an enhancement under Subsection (5).