Utah Code 76-8-311.1. Establishment of secure areas — Items prohibited — References to penalty provisions
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Terms Used In Utah Code 76-8-311.1
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
- Dangerous weapon: means :(7)(a) any item capable of causing death or serious bodily injury; or(7)(b) a facsimile or representation of the item, if:(7)(b)(i) the actor's use or apparent intended use of the item leads the victim to reasonably believe the item is likely to cause death or serious bodily injury; or(7)(b)(ii) the actor represents to the victim verbally or in any other manner that the actor is in control of such an item. See Utah Code 76-1-101.5
- 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) As used in this section:(1)(a)(i) “Correctional facility” means the same as that term is defined in Section76-8-311.3 .(1)(a)(ii) “Dangerous weapon” means the same as that term is defined in Section76-10-501 .(1)(a)(iii) “Explosive” means the same as the term “explosive, chemical, or incendiary device” defined in Section76-10-306 .(1)(a)(iv) “Firearm” means the same as that term is defined in Section76-10-501 .(1)(a)(v) “Law enforcement facility” means a facility that is owned, leased, or operated by a law enforcement agency.(1)(a)(vi) “Mental health facility” means the same as that term is defined in Section26B-5-301 .(1)(a)(vii)(1)(a)(vii)(A) “Secure area” means an area created under this section into which certain persons are restricted from transporting a firearm or other dangerous weapon, ammunition, or explosive.(1)(a)(vii)(B) A “secure area” may not include any area normally accessible to the public.(1)(b) Terms defined in Sections76-1-101.5 and76-8-101 apply to this section.(2)(2)(a) The State Tax Commission or a correctional, law enforcement, or mental health facility may establish secure areas within the facility and may prohibit or control by rule any firearm or other dangerous weapon, ammunition, or explosive.(2)(b) Subsections (2)(a), (3), (4), and (5) apply to a higher education secure area hearing room referred to in Subsections53B-3-103 (2)(a)(ii) and (b).(3) An entity that creates a secure area under this section shall ensure that at least one notice is prominently displayed at each entrance to the secure area in which a firearm, ammunition, dangerous weapon, or explosive is restricted.(4)(4)(a) An entity that creates a secure area under this section shall provide a secure weapons storage area so that an individual entering the secure area may store the individual’s weapon before entering the secure area.(4)(b) The entity operating the facility shall be responsible for a weapon while the weapon is stored in the storage area described in Subsection (4)(a).(5)(5)(a) An actor who transports a firearm or other dangerous weapon or ammunition into a secure area created under this section or a higher education secure area hearing room created under this section may be punished under Section76-8-311.2 .(5)(b) An actor who knowingly or intentionally transports, possesses, distributes, or sells an explosive in a secure area or a higher education secure area hearing room created under this section may be punished under Section76-10-306 .(5)(c) It is a defense to a prosecution related to this section that the actor acted in conformity with the facility’s rule or policy established pursuant to this section.