Utah Code 76-6-902. Antiquities alteration, removal, injury, or destruction
Current as of: 2024 | Check for updates
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(1) Terms defined in Sections 76-1-101.5 and 76-6-901 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 B misdemeanor | up to 6 months | up to $1,000 |
Terms Used In Utah Code 76-6-902
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
- Antiquities: means :(1)(a) all material remains and their associations, recoverable through excavation or surface collection, that provide information pertaining to the historic or prehistoric peoples in the state; and(1)(b) vertebrate fossils and other exceptional fossils and fossil sites designated as state landmarks. See Utah Code 76-6-901
- Landowner: includes the School and Institutional Trust Lands Administration with respect to lands sold by the School and Institutional Trust Lands Administration and upon which a restrictive deed covenant has been imposed by the School and Institutional Trust Lands Administration. See Utah Code 76-6-901
- Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
- State lands: means all lands owned by:
(4)(a) Utah, including school and institutional trust lands and lands sold by the School and Institutional Trust Lands Administration subject to a restrictive deed covenant for the protection of antiquities; and(4)(b) political subdivisions. See Utah Code 76-6-901(2) An actor commits antiquities alteration, removal, injury, or destruction if the actor:(2)(a) intentionally alters, removes, injures, or destroys antiquities from state lands or private lands without the landowner‘s consent; or(2)(b) counsels, procures, solicits, or employs another person to violate Subsection (2)(a).(3)(3)(a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class B misdemeanor.(3)(b) A violation of Subsection (2) is a third degree felony if:(3)(b)(i) the violation is the actor’s second or subsequent violation of this section, Section 76-6-902.1, or Section 76-6-902.2; or(3)(b)(ii) the amount at issue, as calculated under Subsection (3)(c), exceeds $500.(3)(c) The amount described in Subsection (3)(b)(ii) is calculated by adding together:(3)(c)(i) the commercial or archaeological value of the antiquities involved in the violation; and(3)(c)(ii) the cost of the restoration and repair of the antiquities involved in the violation.(3)(d) An actor shall surrender to the landowner all articles and material discovered, collected, excavated, or offered for sale or exchange in violation of this section.