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H.B. 322
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DOMESTIC TERRORISM OF COMMERCIAL
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ENTERPRISES
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2001 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Gerry A. Adair
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This act modifies the Criminal Code by creating a specific offense of commercial terrorism,
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concerning the interference with the operation of a retail business establishment, by
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providing the elements of the offense, and providing penalties. This act also modifies the
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Criminal Code by enacting provisions regarding enhanced penalties for criminal offenses
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committed against animal enterprises.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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76-6-206, as last amended by Chapter 132, Laws of Utah 2000
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ENACTS:
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76-6-110, Utah Code Annotated 1953
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76-10-2401, Utah Code Annotated 1953
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76-10-2402, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
76-6-110
is enacted to read:
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76-6-110. Offenses committed against animal enterprises -- Definitions -- Enhanced
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penalties.
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(1) As used in this section:
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(a) "Animal enterprise" means a commercial or academic enterprise that:
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(i) uses animals for food or fiber production;
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(ii) is an agricultural operation, including a facility for the production of crops or livestock,
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or livestock products;
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(iii) operates a zoo, aquarium, circus, rodeo, or lawful competitive animal event; or
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(iv) any fair or similar event intended to advance agricultural arts and sciences.
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(b) "Livestock" means cattle, sheep, goats, swine, horses, mules, poultry, domesticated elk
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as defined in Section
4-39-102
, or any other domestic animal or domestic furbearer raised or kept
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for profit.
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(c) "Property" includes any buildings, vehicles, animals, data, or records.
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(2) (a) A person who commits any criminal offense with the intent to halt, impede,
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obstruct, or interfere with the lawful operation of an animal enterprise or to damage, take, or cause
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the loss of any property owned by, used by, or in the possession of a lawful animal enterprise, is
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subject to an enhanced penalty under Subsection (3).
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(b) Subsection (2)(a) does not apply to action protected by the National Labor Relations
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Act, 29 U.S.C. Section 151 et seq., or the Federal Railway Labor Act, 45 U.S.C. Section 151 et
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seq.
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(c) The prosecuting attorney, or grand jury if an indictment is returned, shall cause to be
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subscribed upon the information or indictment in felony cases notice that the defendant is subject
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to the enhanced penalties provided under this section.
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(3) If the trier of fact finds beyond a reasonable doubt that the defendant committed any
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criminal offense with the intent to halt, impede, obstruct, or interfere with the lawful operation of
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an animal enterprise or to damage, take, or cause the loss of any property owned by, used by, or
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in the possession of a lawful animal enterprise, the penalties are enhanced as provided in this
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Subsection (3):
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(a) a class C misdemeanor is a class B misdemeanor, with a mandatory fine of not less than
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$1,000, which is in addition to any term of imprisonment the court may impose;
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(b) a class B misdemeanor is a class A misdemeanor, with a fine of not less than $2,500,
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which is in addition to any term of imprisonment the court may impose;
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(c) a class A misdemeanor is a third degree felony, with a fine of not less than $5,000,
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which is in addition to any term of imprisonment the court may impose;
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(d) a third degree felony is a second degree felony, with a fine of not less than $7,500,
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which is in addition to any term of imprisonment the court may impose; and
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(e) a second degree felony is subject to a fine of not less than $10,000, which is in addition
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to any term of imprisonment the court may impose.
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Section 2.
Section
76-6-206
is amended to read:
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76-6-206. Criminal trespass.
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(1) For purposes of this section "enter" means intrusion of the entire body.
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(2) A person is guilty of criminal trespass if, under circumstances not amounting to
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burglary as defined in Section
76-6-202
,
76-6-203
, or
76-6-204
or a violation of Section
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76-10-2402
regarding commercial terrorism:
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(a) he enters or remains unlawfully on property and:
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(i) intends to cause annoyance or injury to any person or damage to any property, including
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the use of graffiti as defined in Section
76-6-107
;
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(ii) intends to commit any crime, other than theft or a felony; or
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(iii) is reckless as to whether his presence will cause fear for the safety of another;
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(b) knowing his entry or presence is unlawful, he enters or remains on property as to which
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notice against entering is given by:
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(i) personal communication to the actor by the owner or someone with apparent authority
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to act for the owner;
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(ii) fencing or other enclosure obviously designed to exclude intruders; or
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(iii) posting of signs reasonably likely to come to the attention of intruders; or
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(c) he enters a condominium unit in violation of Subsection
57-8-7
(7).
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(3) (a) A violation of Subsection (2)(a) is a class C misdemeanor unless it was committed
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in a dwelling, in which event it is a class B misdemeanor.
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(b) A violation of Subsection (2)(b) is an infraction.
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(4) It is a defense to prosecution under this section that the:
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(a) property was open to the public when the actor entered or remained; and
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(b) actor's conduct did not substantially interfere with the owner's use of the property.
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Section 3.
Section
76-10-2401
is enacted to read:
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Part 24. Commercial Terrorism
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76-10-2401. Definitions.
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As used in this part:
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(1) "Building," in addition to its commonly accepted meaning, means any watercraft,
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aircraft, trailer, sleeping car, or other structure or vehicle adapted for overnight accommodations
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of persons or for carrying on business and includes:
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(a) each separately secured or occupied portion of the building or vehicle; and
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(b) each structure appurtenant or connected to the building or vehicle.
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(2) "Business" means a retail business dealing in tangible personal property.
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(3) "Enter" means:
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(a) an intrusion of any part of the body; or
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(b) the intrusion of any physical object, sound wave, light ray, electronic signal, or other
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means of intrusion under the control of the actor.
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Section 4.
Section
76-10-2402
is enacted to read:
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76-10-2402. Commercial terrorism -- Penalties.
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(1) A person is guilty of commercial terrorism if he enters or remains unlawfully on the
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premises of any business with the intent to:
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(a) obtain unauthorized control over any merchandise, property, records, data, or
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proprietary information of the business;
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(b) alter, eradicate, or remove any merchandise, records, data, or proprietary information
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of the business;
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(c) damage, deface, or destroy any property on the premises of the business;
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(d) commit an assault on any person;
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(e) commit any other felony; or
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(f) interfere with the employees, customers, personnel, or operations of a business through
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any conduct that does not constitute an assault.
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(2) A person who violates Subsection (1)(f) is guilty of a class A misdemeanor. A person
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who violates any other provision in this section is guilty of a felony of the second degree.
Legislative Review Note
as of 2-2-01 8:20 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.