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H.B. 250
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OBSTRUCTION OF JUSTICE AMENDMENTS
2
2001 GENERAL SESSION
3
STATE OF UTAH
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Sponsor: Scott Daniels
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This act repeals and reenacts a provision of the Criminal Code regarding the offense of
6
obstruction of justice. This act provides penalties in relation to the level of offense regarding
7
which judicial action is obstructed and in relation to the type of action taken to cause the
8
obstruction. This act also repeals the code section regarding tampering with evidence, as the
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reenacted statute includes that offense.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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76-3-203.3, as enacted by Chapter 102, Laws of Utah 1992
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76-10-1602, as last amended by Chapters 97 and 247, Laws of Utah 1999
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77-23a-8, as last amended by Chapter 97, Laws of Utah 1999
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REPEALS AND REENACTS:
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76-8-306, as last amended by Chapter 203, Laws of Utah 2000
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REPEALS:
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76-8-510, as enacted by Chapter 196, Laws of Utah 1973
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
76-3-203.3
is amended to read:
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76-3-203.3. Penalty for hate crimes -- Civil rights violation.
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As used in this section:
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(1) "Primary offense" means those offenses provided in Subsection (5).
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(2) A person who commits any primary offense with the intent to intimidate or terrorize
25
another person or with reason to believe that his action would intimidate or terrorize that person
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is guilty of a third degree felony.
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(3) "Intimidate or terrorize" means an act which causes the person to fear for his physical
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safety or damages the property of that person or another. The act must be accompanied with the
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intent to cause a person to fear to freely exercise or enjoy any right secured by the Constitution or
30
laws of the state or by the Constitution or laws of the United States.
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(4) (a) The prosecuting attorney, or grand jury if an indictment is returned, shall provide
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notice on the complaint in misdemeanor cases that the defendant is subject to a third degree felony
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provided under this section. The notice shall be in a clause separate from and in addition to the
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substantive offense charged.
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(b) If the notice is not included initially, the court may subsequently allow the prosecutor
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to amend the charging document to include the notice if the court finds:
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(i) that the amended charging documents, including any statement of probable cause,
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provide notice that the defendant is subject to a third degree felony provided under this section;
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and
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(ii) that the defendant has not otherwise been substantially prejudiced by the amendment.
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(5) Primary offenses referred to in Subsection (2) are the misdemeanor offenses for:
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(a) assault and related offenses under Sections
76-5-102
,
76-5-102.4
,
76-5-106
,
76-5-107
,
43
and
76-5-108
;
44
(b) any misdemeanor property destruction offense under Sections
76-6-102
,
76-6-104
, and
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76-8-714
, and Subsection
76-6-106
(1)(b);
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(c) any criminal trespass offense under Sections
76-6-204
and
76-6-206
;
47
(d) any misdemeanor theft offense under Section
76-6-412
;
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(e) any offense of obstructing government operations under Sections
76-8-301
,
76-8-302
,
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76-8-304
,
76-8-305
,
76-8-307
,
76-8-308
, and
76-8-313
and Subsections
76-8-306
[(1)(a) through
50
(f)] and
76-8-310
(1);
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(f) any offense of interfering or intending to interfere with activities of colleges and
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universities under Title 76, Chapter 8, Part 7;
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(g) any misdemeanor offense against public order and decency as defined in Title 76,
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Chapter 9, Part 1;
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(h) any telephone abuse offense under Title 76, Chapter 9, Part 2;
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(i) any cruelty to animals offense under Section
76-9-301
; and
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(j) any weapons offense under Section
76-10-506
.
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Section 2.
Section
76-8-306
is repealed and reenacted to read:
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76-8-306. Obstruction of justice -- Elements -- Penalties -- Exceptions.
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(1) An actor commits obstruction of justice if the actor, with intent to hinder, delay, or
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prevent the investigation, apprehension, prosecution, conviction, or punishment of any person
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regarding conduct that constitutes a criminal offense:
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(a) provides any person with a weapon;
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(b) prevents by force, intimidation, or deception, any person from performing any act that
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might aid in the discovery, apprehension, prosecution, conviction, or punishment of any person;
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(c) alters, destroys, conceals, or removes any item or other thing;
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(d) makes, presents, or uses any item or thing known by the actor to be false;
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(e) harbors or conceals a person;
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(f) provides a person with transportation, disguise, or other means of avoiding discovery
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or apprehension;
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(g) warns any person of impending discovery or apprehension;
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(h) conceals information that is not privileged and that concerns the offense, after a judge
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or magistrate has ordered the actor to provide the information; or
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(i) provides false information regarding a suspect, a witness, the conduct constituting an
75
offense, or any other material aspect of the investigation.
76
(2) (a) As used in this section, "conduct that constitutes an offense" means conduct that
77
would be punishable as a crime and is separate from a violation of this section, and includes:
78
(i) any violation of a criminal statute or ordinance of this state, its political subdivisions,
79
any other state, or any district, possession, or territory of the United States; and
80
(ii) conduct committed by a juvenile which would be a crime if committed by an adult.
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(b) A violation of a criminal statute that is committed in another state, or any district,
82
possession, or territory of the United States, is a:
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(i) capital felony if the penalty provided includes death or life imprisonment without
84
parole;
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(ii) a first degree felony if the penalty provided includes life imprisonment with parole or
86
a maximum term of imprisonment exceeding 15 years;
87
(iii) a second degree felony if the penalty provided exceeds five years;
88
(iv) a third degree felony if the penalty provided includes imprisonment for any period
89
exceeding one year; and
90
(v) a misdemeanor if the penalty provided includes imprisonment for any period of one
91
year or less.
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(3) The penalties for obstruction of justice are:
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(a) a second degree felony if the conduct which constitutes an offense would be a capital
94
felony or first degree felony;
95
(b) a third degree felony if:
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(i) the conduct that constitutes an offense would be a second or third degree felony and the
97
actor violates Subsection (1)(b), (c), (d), (e), or (f); or
98
(ii) the conduct that constitutes an offense would be any offense other than a capital or first
99
degree felony and the actor violates Subsection (1)(a);
100
(c) a class A misdemeanor if:
101
(i) the conduct that constitutes an offense would be a second or third degree felony and the
102
actor violates Subsection (1)(g), (h), or (i); or
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(ii) the conduct that constitutes an offense would be a misdemeanor and the actor violates
104
Subsection (1)(b); or
105
(d) a class B misdemeanor if the conduct that constitutes the offense is a misdemeanor and
106
the actor violates Subsection (1)(c), (d), (e), (f), (g), (h), or (i).
107
(4) It is not a defense that the actor was unaware of the level of penalty for the conduct
108
constituting an offense.
109
(5) Subsection (1)(e) does not apply to harboring a youth offender, which is governed by
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Section
62A-7-106
.
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(6) Subsection (1)(b) does not apply to:
112
(a) tampering with a juror, which is governed by Section
76-8-508.5
;
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(b) influencing, impeding, or retaliating against a judge or member of the Board of Pardons
114
and Parole, which is governed by Section
76-8-508
;
115
(c) tampering with a witness, which is governed by Section
76-8-508
; or
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(d) extortion or bribery to dismiss a criminal proceeding, which is governed by Section
117
76-8-509
.
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(7) Notwithstanding Subsection (1), (2), or (3), an actor commits a third degree felony if
119
the actor harbors or conceals an offender who has:
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(a) absconded from a facility or from supervision as those offenses are defined in Section
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76-8-309.5
; or
122
(b) escaped from official custody as defined in Section
76-8-309
.
123
Section 3.
Section
76-10-1602
is amended to read:
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76-10-1602. Definitions.
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As used in this part:
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(1) "Enterprise" means any individual, sole proprietorship, partnership, corporation,
127
business trust, association, or other legal entity, and any union or group of individuals associated
128
in fact although not a legal entity, and includes illicit as well as licit entities.
129
(2) "Pattern of unlawful activity" means engaging in conduct which constitutes the
130
commission of at least three episodes of unlawful activity, which episodes are not isolated, but
131
have the same or similar purposes, results, participants, victims, or methods of commission, or
132
otherwise are interrelated by distinguishing characteristics. Taken together, the episodes shall
133
demonstrate continuing unlawful conduct and be related either to each other or to the enterprise.
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At least one of the episodes comprising a pattern of unlawful activity shall have occurred after July
135
31, 1981. The most recent act constituting part of a pattern of unlawful activity as defined by this
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part shall have occurred within five years of the commission of the next preceding act alleged as
137
part of the pattern.
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(3) "Person" includes any individual or entity capable of holding a legal or beneficial
139
interest in property, including state, county, and local governmental entities.
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(4) "Unlawful activity" means to directly engage in conduct or to solicit, request,
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command, encourage, or intentionally aid another person to engage in conduct which would
142
constitute any offense described by the following crimes or categories of crimes, or to attempt or
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conspire to engage in an act which would constitute any of those offenses, regardless of whether
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the act is in fact charged or indicted by any authority or is classified as a misdemeanor or a felony:
145
(a) any act prohibited by the criminal provisions of Title 13, Chapter 10, Unauthorized
146
Recording Practices Act;
147
(b) any act prohibited by the criminal provisions of Title 19, Environmental Quality Code,
148
Sections
19-1-101
through
19-7-109
;
149
(c) taking, destroying, or possessing wildlife or parts of wildlife for the primary purpose
150
of sale, trade, or other pecuniary gain, in violation of Title 23, Chapter 13, Wildlife Resources
151
Code of Utah, or Section
23-20-4
;
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(d) false claims for medical benefits, kickbacks, and any other act prohibited by False
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Claims Act, Sections
26-20-1
through
26-20-12
;
154
(e) any act prohibited by the criminal provisions of Title 32A, Chapter 12, Criminal
155
Offenses;
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(f) any act prohibited by the criminal provisions of Title 57, Chapter 11, Utah Uniform
157
Land Sales Practices Act;
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(g) any act prohibited by the criminal provisions of Title 58, Chapter 37, Utah Controlled
159
Substances Act, or Title 58, Chapter 37b, Imitation Controlled Substances Act, or Title 58, Chapter
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37c, Utah Controlled Substance Precursor Act;
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(h) any act prohibited by the criminal provisions of Title 61, Chapter 1, Utah Uniform
162
Securities Act;
163
(i) any act prohibited by the criminal provisions of Title 63, Chapter 56, Utah Procurement
164
Code;
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(j) assault or aggravated assault, Sections
76-5-102
and
76-5-103
;
166
(k) a threat against life or property, Section
76-5-107
;
167
(l) criminal homicide, Sections
76-5-201
,
76-5-202
, and
76-5-203
;
168
(m) kidnapping or aggravated kidnapping, Sections
76-5-301
and
76-5-302
;
169
(n) sexual exploitation of a minor, Section
76-5a-3
;
170
(o) arson or aggravated arson, Sections
76-6-102
and
76-6-103
;
171
(p) causing a catastrophe, Section
76-6-105
;
172
(q) burglary or aggravated burglary, Sections
76-6-202
and
76-6-203
;
173
(r) burglary of a vehicle, Section
76-6-204
;
174
(s) manufacture or possession of an instrument for burglary or theft, Section
76-6-205
;
175
(t) robbery or aggravated robbery, Sections
76-6-301
and
76-6-302
;
176
(u) theft, Section
76-6-404
;
177
(v) theft by deception, Section
76-6-405
;
178
(w) theft by extortion, Section
76-6-406
;
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(x) receiving stolen property, Section
76-6-408
;
180
(y) theft of services, Section
76-6-409
;
181
(z) forgery, Section
76-6-501
;
182
(aa) fraudulent use of a credit card, Sections
76-6-506.1
,
76-6-506.2
, and
76-6-506.4
;
183
(bb) deceptive business practices, Section
76-6-507
;
184
(cc) bribery or receiving bribe by person in the business of selection, appraisal, or criticism
185
of goods, Section
76-6-508
;
186
(dd) bribery of a labor official, Section
76-6-509
;
187
(ee) defrauding creditors, Section
76-6-511
;
188
(ff) acceptance of deposit by insolvent financial institution, Section
76-6-512
;
189
(gg) unlawful dealing with property by fiduciary, Section
76-6-513
;
190
(hh) bribery or threat to influence contest, Section
76-6-514
;
191
(ii) making a false credit report, Section
76-6-517
;
192
(jj) criminal simulation, Section
76-6-518
;
193
(kk) criminal usury, Section
76-6-520
;
194
(ll) false or fraudulent insurance claim, Section
76-6-521
;
195
(mm) computer crimes, Section
76-6-703
;
196
(nn) sale of a child, Section
76-7-203
;
197
(oo) bribery to influence official or political actions, Section
76-8-103
;
198
(pp) threats to influence official or political action, Section
76-8-104
;
199
(qq) receiving bribe or bribery by public servant, Section
76-8-105
;
200
(rr) receiving bribe or bribery for endorsement of person as public servant, Section
201
76-8-106
;
202
(ss) official misconduct, Sections
76-8-201
and
76-8-202
;
203
(tt) [obstructing] obstruction of justice, Section
76-8-306
;
204
(uu) acceptance of bribe or bribery to prevent criminal prosecution, Section
76-8-308
;
205
(vv) false or inconsistent material statements, Section
76-8-502
;
206
(ww) false or inconsistent statements, Section
76-8-503
;
207
(xx) written false statements, Section
76-8-504
;
208
(yy) tampering with a witness, retaliation against a witness or informant, or bribery,
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Section
76-8-508
;
210
(zz) extortion or bribery to dismiss criminal proceeding, Section
76-8-509
;
211
[(aaa) tampering with evidence, Section
76-8-510
;]
212
[(bbb)] (aaa) public assistance fraud in violation of Section
76-8-1203
,
76-8-1204
, or
213
76-8-1205
;
214
[(ccc)] (bbb) intentionally or knowingly causing one animal to fight with another,
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Subsection
76-9-301
(1)(f);
216
[(ddd)] (ccc) possession, use, or removal of explosives, chemical, or incendiary devices
217
or parts, Section
76-10-306
;
218
[(eee)] (ddd) delivery to common carrier, mailing, or placement on premises of an
219
incendiary device, Section
76-10-307
;
220
[(fff)] (eee) possession of a deadly weapon with intent to assault, Section
76-10-507
;
221
[(ggg)] (fff) unlawful marking of pistol or revolver, Section
76-10-521
;
222
[(hhh)] (ggg) alteration of number or mark on pistol or revolver, Section
76-10-522
;
223
[(iii)] (hhh) forging or counterfeiting trademarks, trade name, or trade device, Section
224
76-10-1002
;
225
[(jjj)] (iii) selling goods under counterfeited trademark, trade name, or trade devices,
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Section
76-10-1003
;
227
[(kkk)] (jjj) sales in containers bearing registered trademark of substituted articles, Section
228
76-10-1004
;
229
[(lll)] (kkk) selling or dealing with article bearing registered trademark or service mark
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with intent to defraud, Section
76-10-1006
;
231
[(mmm)] (lll) gambling, Section
76-10-1102
;
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[(nnn)] (mmm) gambling fraud, Section
76-10-1103
;
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[(ooo)] (nnn) gambling promotion, Section
76-10-1104
;
234
[(ppp)] (ooo) possessing a gambling device or record, Section
76-10-1105
;
235
[(qqq)] (ppp) confidence game, Section
76-10-1109
;
236
[(rrr)] (qqq) distributing pornographic material, Section
76-10-1204
;
237
[(sss)] (rrr) inducing acceptance of pornographic material, Section
76-10-1205
;
238
[(ttt)] (sss) dealing in harmful material to a minor, Section
76-10-1206
;
239
[(uuu)] (ttt) distribution of pornographic films, Section
76-10-1222
;
240
[(vvv)] (uuu) indecent public displays, Section
76-10-1228
;
241
[(www)] (vvv) prostitution, Section
76-10-1302
;
242
[(xxx)] (www) aiding prostitution, Section
76-10-1304
;
243
[(yyy)] (xxx) exploiting prostitution, Section
76-10-1305
;
244
[(zzz)] (yyy) aggravated exploitation of prostitution, Section
76-10-1306
;
245
[(aaaa)] (zzz) communications fraud, Section
76-10-1801
;
246
[(bbbb)] (aaaa) any act prohibited by the criminal provisions of Title 76, Chapter 10, Part
247
19, Money Laundering and Currency Transaction Reporting Act;
248
[(cccc)] (bbbb) any act prohibited by the criminal provisions of the laws governing
249
taxation in this state; and
250
[(dddd)] (cccc) any act illegal under the laws of the United States and enumerated in Title
251
18, Section 1961 (1)(B), (C), and (D) of the United States Code.
252
Section 4.
Section
77-23a-8
is amended to read:
253
77-23a-8. Court order to authorize or approve interception -- Procedure.
254
(1) The attorney general of the state, any assistant attorney general specially designated
255
by the attorney general, any county attorney, district attorney, deputy county attorney, or deputy
256
district attorney specially designated by the county attorney or by the district attorney, may
257
authorize an application to a judge of competent jurisdiction for an order for an interception of
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wire, electronic, or oral communications by any law enforcement agency of the state, the federal
259
government or of any political subdivision of the state that is responsible for investigating the type
260
of offense for which the application is made.
261
(2) The judge may grant the order in conformity with the required procedures when the
262
interception sought may provide or has provided evidence of the commission of:
263
(a) any act prohibited by the criminal provisions of Title 58, Chapter 37, Utah Controlled
264
Substances Act; Title 58, Chapter 37c, Utah Controlled Substances Precursor Act; Title 58,
265
Chapter 37d, Clandestine Drug Lab Act; punishable by a term of imprisonment of more than one
266
year;
267
(b) any act prohibited by the criminal provisions of the Utah Uniform Securities Act and
268
punishable by a term of imprisonment of more than one year, Title 61, Chapter 1;
269
(c) attempt, Section
76-4-101
; conspiracy, Section
76-4-201
; solicitation, Section
270
76-4-203
; to commit any of the offenses enumerated above so long as the attempt, conspiracy or
271
solicitation offense is punishable by a term of imprisonment of more than one year;
272
(d) threat against life or property offense punishable by a maximum term of imprisonment
273
of more than one year, Section
76-5-107
;
274
(e) aggravated murder, Section
76-5-202
; murder, Section
76-5-203
; manslaughter, Section
275
76-5-205
;
276
(f) [kidnaping] kidnapping, Section
76-5-301
; child [kidnaping] kidnapping, Section
277
76-5-301.1
; aggravated kidnapping, Section
76-5-302
;
278
(g) arson, Section
76-6-102
; aggravated arson, Section
76-6-103
;
279
(h) burglary, Section
76-6-202
; aggravated burglary, Section
76-6-203
;
280
(i) robbery, Section
76-6-301
; aggravated robbery, Section
76-6-302
;
281
(j) theft, Section
76-6-404
; theft by deception, Section
76-6-405
; theft by extortion,
282
Section
76-6-406
; when the theft, theft by deception or theft by extortion, is punishable by a
283
maximum term of imprisonment of more than one year;
284
(k) receiving stolen property offense punishable by a maximum term of imprisonment of
285
more than one year, Section
76-6-408
;
286
(l) financial card transaction offenses punishable by a maximum term of imprisonment of
287
more than one year, Section
76-6-506.1
,
76-6-506.2
,
76-6-506.3
,
76-6-506.4
,
76-6-506.5
, or
288
76-6-506.6
;
289
(m) bribery of a labor official, Section
76-6-509
;
290
(n) bribery or threat to influence a publicly exhibited contest, Section
76-6-514
;
291
(o) criminal simulation offenses punishable by a maximum term of imprisonment of more
292
than one year, Section
76-6-518
;
293
(p) criminal usury, Section
76-6-520
;
294
(q) false or fraudulent insurance claim offenses punishable by a maximum term of
295
imprisonment of more than one year, Section
76-6-521
;
296
(r) violations of the Computer Crimes Act punishable by a maximum term of
297
imprisonment of more than one year, Section
76-6-703
;
298
(s) bribery to influence official or political actions, Section
76-8-103
;
299
(t) misusing public moneys, Section
76-8-402
;
300
(u) tampering with a witness, retaliation against a witness or informant, or bribery,
301
communicating a threat, Section
76-8-508
;
302
(v) tampering with a juror, retaliation against a juror, Section
76-8-508.5
;
303
(w) extortion or bribery to dismiss criminal proceeding, Section
76-8-509
;
304
[(x) tampering with evidence, Section
76-8-510
;]
305
[(y)] (x) destruction of property to interfere with preparation for defense or war, Section
306
76-8-802
;
307
[(z)] (y) attempts to commit crimes of sabotage, Section
76-8-804
;
308
[(aa)] (z) conspiracy to commit crimes of sabotage, Section
76-8-805
;
309
[(bb)] (aa) advocating criminal syndicalism or sabotage, Section
76-8-902
;
310
[(cc)] (bb) assembly for advocating criminal syndicalism or sabotage, Section
76-8-903
;
311
[(dd)] (cc) riot punishable by a maximum term of imprisonment of more than one year,
312
Section
76-9-101
;
313
[(ee)] (dd) dog fighting, training dogs for fighting, dog fighting exhibitions punishable by
314
a maximum term of imprisonment of more than one year, Section
76-9-301.1
;
315
[(ff)] (ee) explosive, chemical, or incendiary device and parts, possession, use, or removal,
316
Section
76-10-306
;
317
[(gg)] (ff) explosive, chemical, or incendiary device, delivery to a common carrier or
318
mailing, Section
76-10-307
;
319
[(hh)] (gg) exploiting prostitution, Section
76-10-1305
;
320
[(ii)] (hh) aggravated exploitation of prostitution, Section
76-10-1306
;
321
[(jj)] (ii) bus hijacking, assault with intent to commit hijacking, dangerous weapon or
322
firearm, Section
76-10-1504
;
323
[(kk)] (jj) discharging firearms and hurling missiles, Section
76-10-1505
;
324
[(ll)] (kk) violations of the Pattern of Unlawful Activity Act and the offenses listed under
325
the definition of unlawful activity in the act, including the offenses not punishable by a maximum
326
term of imprisonment of more than one year when those offenses are investigated as predicates for
327
the offenses prohibited by the act, Section
76-10-1602
;
328
[(mm)] (ll) communications fraud, Section
76-10-1801
;
329
[(nn)] (mm) money laundering, Sections
76-10-1903
and
76-10-1904
; or
330
[(oo)] (nn) reporting by financial institutions when the offense is punishable by a
331
maximum term of imprisonment of more than one year, Section
76-10-1906
.
332
Section 5. Repealer.
333
This act repeals:
334
Section 76-8-510, Tampering with evidence.
Legislative Review Note
as of 1-15-01 3:07 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.