Utah Code 76-9-804. Convicted criminal gang offender — Prohibition
Current as of: 2024 | Check for updates
|
Other versions
(1) A person who has been convicted of a crime for which the penalty was enhanced under Section 76-3-203.1 may not, except where a greater penalty is applicable under this title, possess a dangerous weapon as defined in either Section 76-1-101.5 or 76-10-501, ammunition, or a facsimile of a firearm within five years after the conviction.
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 76-9-804
- Conviction: A judgement of guilt against a criminal defendant.
- 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
- Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
- Possess: means to have physical possession of or to exercise dominion or control over tangible property. See Utah Code 76-1-101.5
(2) A violation of Subsection (1) is a class A misdemeanor.