Utah Code 78B-6-1107. Nuisance — Drug houses and drug dealing — Gambling — Group criminal activity — Party house — Prostitution — Weapons — Abatement by eviction
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(1) Every building or place is a nuisance where:
Terms Used In Utah Code 78B-6-1107
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
(1)(a) the unlawful sale, manufacture, service, storage, distribution, dispensing, or acquisition occurs of any controlled substance, precursor, or analog specified in Title 58, Chapter 37, Utah Controlled Substances Act;
(1)(b) gambling is permitted to be played, conducted, or dealt upon as prohibited in Title 76, Chapter 10, Part 11, Gambling, which creates the conditions of a nuisance as defined in Subsection 78B-6-1101(1);
(1)(c) criminal activity is committed in concert with three or more persons as provided in Section 76-3-203.1;
(1)(d) criminal activity is committed for the benefit of, at the direction of, or in association with any criminal street gang as defined in Section 76-9-802;
(1)(e) criminal activity is committed to gain recognition, acceptance, membership, or increased status with a criminal street gang as defined in Section 76-9-802;
(1)(f) parties occur frequently which create the conditions of a nuisance as defined in Subsection 78B-6-1101(1);
(1)(g) prostitution or promotion of prostitution is regularly carried on by one or more persons as provided in Title 76, Chapter 10, Part 13, Prostitution; and
(1)(h) a violation of Title 76, Chapter 10, Part 5, Weapons, occurs on the premises.
(2) It is a defense to nuisance under Subsection (1)(a) if the defendant can prove that the defendant is lawfully entitled to possession of a controlled substance.
(3) Sections 78B-6-1108 through 78B-6-1114 govern only an abatement by eviction of the nuisance as defined in Subsection (1).