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Terms Used In Utah Code 76-8-311.2

  • 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 Section 76-8-311.3.
          (1)(a)(ii) “Dangerous weapon” means the same as that term is defined in Section 76-10-501.
          (1)(a)(iii) “Firearm” means the same as that term is defined in Section 76-10-501.
          (1)(a)(iv) “Higher education secure area” means a higher education secure area hearing room created under Section 76-8-311.1.
          (1)(a)(v) “Law enforcement facility” means the same as that term is defined in Section 76-8-311.1.
          (1)(a)(vi) “Secure area” means the same as that term is defined in Section 76-8-311.1.
     (1)(b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
(2) An actor commits prohibited dangerous weapon or ammunition in a secure area if the actor knowingly or intentionally transports a firearm or other dangerous weapon or ammunition into:

     (2)(a) a correctional facility;
     (2)(b) a secure area created by the State Tax Commission;
     (2)(c) a secure area in a law enforcement facility or a mental health facility; or
     (2)(d) a higher education secure area.
(3) Except as provided in Section 76-8-311.4, 76-8-311.6, or 76-8-311.7, a violation of Subsection (2) is a third degree felony.
(4) It is a defense to a prosecution under this section that the actor acted in conformity with the facility’s rule or policy established under Section 76-8-311.1.