Utah Code 76-9-904. Failure to disperse — 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 B misdemeanor | up to 6 months | up to $1,000 |
Terms Used In Utah Code 76-9-904
- Criminal street gang: means an organization, association in fact, or group of three or more persons, whether operated formally or informally:(1)(a) that is currently in operation;(1)(b) that has as one of its substantial activities the commission of one or more predicate gang crimes;(1)(c) that has, as a group, an identifying name or an identifying sign or symbol, or both; and(1)(d) whose members, acting individually or in concert with other members, engage in or have engaged in a pattern of criminal gang activity. See Utah Code 76-9-902
- Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
- Public place: includes the lobbies, hallways, elevators, restaurants and other dining areas, and restrooms of any of the locations or structures under Subsection (5)(a). See Utah Code 76-9-902
(1)(a) Failure to comply with an order issued under Subsection76-9-903(1)(b) to disperse is a class B misdemeanor of failure to disperse.(1)(b) Any second and subsequent violation of Subsection(1)(a) is a class B misdemeanor of failure to disperse and is subject to a fine of not less than $100, unless the court finds mitigating circumstances justifying a lesser punishment and makes that finding a part of the court record.
(2)
(2)(a) A person is guilty of a class B misdemeanor of subsequent failure to disperse who:
(2)(a)(i) is present in a public place with or as part of a group of two or more persons, and that group includes one or more persons a peace officer reasonably believes to be a member of a criminal street gang; and
(2)(a)(ii) is within sight or hearing of a location where a law enforcement officer issued an order to the person to disperse under Section 76-9-903 within the prior eight hours.
(2)(b) A violation of Subsection (2)(a) is subject to a fine of not less than $100, unless the court finds mitigating circumstances justifying a lesser punishment and makes that finding a part of the court record.