Utah Law

 

The following is a list of Utah Law showing where Concealed and Open Carry is made legal or not illegal in Utah Law.  (Updated 10-09-08)

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The Laws Granting CFP Holders to be Exempt from Laws (Underline)

The Laws Exempted to CPF Holders (Strike-through)

“A concealed firearm permit only exempts you from Subsection 76-10-504(1)(a),1(b), Utah code Annotated, “Carrying Concealed Firearms”. Section 76-10-505, Utah code Annotated, carrying a loaded firearm in a vehicle or on the street” and Section 76-10-505.5, Utah code Annotated, possession of a dangerous weapon on or about school premises.” –Letter from BCI provided with New Permit

Utah State Constitution Article I, Section 1.   [Inherent and inalienable rights.]

All men have the inherent and inalienable right to enjoy and defend their lives and liberties; to acquire, possess and protect property; to worship according to the dictates of their consciences; to assemble peaceably, protest against wrongs, and petition for redress of grievances; to communicate freely their thoughts and opinions, being responsible for the abuse of that right.

Utah State Constitution Article I, Section 6.   [Right to bear arms.]

The individual right of the people to keep and bear arms for security and defense of self, family, others, property, or the state, as well as for other lawful purposes shall not be infringed; but nothing herein shall prevent the Legislature from defining the lawful use of arms

53-5-704.   Division duties — Permit to carry concealed firearm — Certification for concealed firearms instructor — Requirements for issuance — Violation — Denial, suspension, or revocation — Appeal procedure.

1) (a) The division or its designated agent shall issue a permit to carry a concealed firearm for lawful self defense to an applicant who is 21 years of age or older…

(Continued…)

76-10-523.   Persons exempt from weapons laws.

1)        This part and Title 53, Chapter 5, Part 7, Concealed Weapon Act, do not apply to any of the following:

a)         a United States marshal;

b)        a federal official required to carry a firearm;

c)         a peace officer of this or any other jurisdiction;

d)        a law enforcement official as defined and qualified under Section 53-5-711;

e)        a judge as defined and qualified under Section 53-5-711;

f)         a common carrier while engaged in the regular and ordinary transport of firearms as merchandise; or

g)         a nonresident traveling in or through the state, provided that any firearm is:

i)          unloaded; and

ii)         (ii) securely encased as defined in Section 76-10-501.

2)        The provisions of Subsections 76-10-504(1)(a), (1)(b), and Section 76-10-505 do not apply to any person to whom a permit to carry a concealed firearm has been issued:

a)         pursuant to Section 53-5-704; or

b)        by another state or county.

76-10-504.   Carrying concealed dangerous weapon — Penalties.

1) Except as provided in Section 76-10-503 and in Subsections (2) and (3):

a) a person who carries a concealed dangerous weapon, as defined in Section 76-10-501, which is not a firearm on his person or one that is readily accessible for immediate use which is not securely encased, as defined in this part, in a place other than his residence, property, or business under his control is guilty of a class B misdemeanor; and

b) a person without a valid concealed firearm permit who carries a concealed dangerous weapon which is a firearm and that contains no ammunition is guilty of a class B misdemeanor, but if the firearm contains ammunition the person is guilty of a class A misdemeanor.

2)        A person who carries concealed a sawed-off shotgun or a sawed-off rifle is guilty of a second degree felony.

3)        If the concealed firearm is used in the commission of a violent felony as defined in Section 76-3-203.5, and the person is a party to the offense, the person is guilty of a second degree felony.

4)        Nothing in Subsection (1) shall prohibit a person engaged in the lawful taking of protected or unprotected wildlife as defined in Title 23, Wildlife Resources Code, from carrying a concealed weapon or a concealed firearm with a barrel length of four inches or greater as long as the taking of wildlife does not occur:

a)         within the limits of a municipality in violation of that municipality’s ordinances; or

upon the highways of the state as defined in Section 41-6a-102.

76-10-505.   Carrying loaded firearm in vehicle or on street.

1) Unless otherwise authorized by law, a person may not carry a loaded firearm:

a) in or on a vehicle;

b) on any public street; or

c) in a posted prohibited area.

2) A violation of this section is a class B misdemeanor.

76-10-505.5.   Possession of a dangerous weapon, firearm, or sawed-off shotgun on or about school premises — Penalties.

1) A person may not possess any dangerous weapon, firearm, or sawed-off shotgun, as those terms are defined in Section 76-10-501, at a place that the person knows, or has reasonable cause to believe, is on or about school premises as defined in Subsection 76-3-203.2(1).

2) a)         Possession of a dangerous weapon on or about school premises is a class B misdemeanor.

b) Possession of a firearm or sawed-off shotgun on or about school premises is a class A misdemeanor.

3)        This section does not apply if:

a)         the person is authorized to possess a firearm as provided under Section 53-5-704, 53-5-705, 76-10-511, or 76-10-523, or as otherwise authorized by law;

b)        the possession is approved by the responsible school administrator;

c)         the item is present or to be used in connection with a lawful, approved activity and is in the possession or under the control of the person responsible for its possession or use; or

d)        the possession is:

i)          at the person’s place of residence or on the person’s property;

ii)         in any vehicle lawfully under the person’s control, other than a vehicle owned by the school or used by the school to transport students; or

iii)        at the person’s place of business which is not located in the areas described in Subsection 76-3-203.2(1)(a)(i), (ii), or (iv).

iv)

v)

4)        This section does not prohibit prosecution of a more serious weapons offense that may occur on or about school premises.

53-5-710.   Cross-references to concealed firearm permit restrictions.

A person with a permit to carry a concealed firearm may not carry a concealed firearm in the following locations:

1)        any secure area prescribed in Section 76-10-523.5 in which firearms are prohibited and notice of the prohibition posted;

2)        in any airport secure area as provided in Section 76-10-529; or

3)        in any house of worship or in any private residence where dangerous weapons are prohibited as provided in Section 76-10-530.

76-10-523.5.   Compliance with rules for secure facilities.

Any person, including a person licensed to carry a concealed firearm under Title 53, Chapter 5, Part 7, Concealed Weapons, shall comply with any rule established for secure facilities pursuant to Sections 53B-3-103, 76-8-311.1, 76-8-311.3, and 78A-2-203 and shall be subject to any penalty provided in those sections.

76-10-529.   Possession of dangerous weapons, firearms, or explosives in airport secure areas prohibited — Penalty.

1)        As used in this section:

a)         “Airport authority” has the same meaning as defined in Section 72-10-102.

b)        “Dangerous weapon” is the same as defined in Section 76-10-501.

c)         “Explosive” is the same as defined for “explosive, chemical, or incendiary device” in Section 76-10-306.

d)        “Firearm” is the same as defined in Section 76-10-501.

2)        (a) Within a secure area of an airport established pursuant to this section, a person, including a person licensed to carry a concealed firearm under Title 53, Chapter 5, Part 7, Concealed Weapon Act, is guilty of:

i)          a class A misdemeanor if the person knowingly or intentionally possesses any dangerous weapon or firearm;

ii)         an infraction if the person recklessly or with criminal negligence possesses any dangerous weapon or firearm; or

iii)        a violation of Section 76-10-306 if the person transports, possesses, distributes, or sells any explosive, chemical, or incendiary device.

(b)       Subsection (2)(a) does not apply to:

i)          persons exempted under Section 76-10-523; and

ii)         members of the state or federal military forces while engaged in the performance of their official duties.

3)        An airport authority, county, or municipality regulating the airport may:

a)         establish any secure area located beyond the main area where the public generally buys tickets, checks and retrieves luggage; and

b)        use reasonable means, including mechanical, electronic, x-ray, or any other device, to detect dangerous weapons, firearms, or explosives concealed in baggage or upon the person of any individual attempting to enter the secure area.

4)        At least one notice shall be prominently displayed at each entrance to a secure area in which a dangerous weapon, firearm, or explosive is restricted.

5)        Upon the discovery of any dangerous weapon, firearm, or explosive, the airport authority, county, or municipality, the employees, or other personnel administering the secure area may:

a)         require the individual to deliver the item to the air freight office or airline ticket counter;

b)        require the individual to exit the secure area; or

c)         obtain possession or retain custody of the item until it is transferred to law enforcement officers.

76-10-530.   Trespass with a firearm in a house of worship or private residence — Notice — Penalty.

1)        A person, including a person licensed to carry a concealed firearm pursuant to Title 53, Chapter 5, Part 7, Concealed Weapon Act, after notice has been given as provided in Subsection (2) that firearms are prohibited, may not knowingly and intentionally:

a)         transport a firearm into:

i)          a house of worship; or

ii)         a private residence; or

b)        while in possession of a firearm, enter or remain in:

i)          a house of worship; or

ii)         a private residence.

2)        Notice that firearms are prohibited may be given by:

a)         personal communication to the actor by:

i)          the church or organization operating the house of worship;

ii)         the owner, lessee, or person with lawful right of possession of the private residence; or

iii)        a person with authority to act for the person or entity in Subsections (2)(a)(i) and (ii);

b)        posting of signs reasonably likely to come to the attention of persons entering the house of worship or private residence;

c)         announcement, by a person with authority to act for the church or organization operating the house of worship, in a regular congregational meeting in the house of worship;

d)        publication in a bulletin, newsletter, worship program, or similar document generally circulated or available to the members of the congregation regularly meeting in the house of worship; or

e)        publication in a newspaper of general circulation in the county in which the house of worship is located or the church or organization operating the house of worship has its principal office in this state.

3)        A church or organization operating a house of worship and giving notice that firearms are prohibited may:
revoke the notice, with or without supersedure, by giving further notice in any manner provided in Subsection (2);
and provide or allow exceptions to the prohibition as the church or organization considers advisable.

4)

a)

i)          Within 30 days of giving or revoking any notice pursuant to Subsection (2)(c), (d), or (e), a church or organization operating a house of worship shall notify the division on a form and in a manner as the division shall prescribe.

ii)         The division shall post on its website a list of the churches and organizations operating houses of worship who have given notice under Subsection (4)(a)(i).

b)        Any notice given pursuant to Subsection (2)(c), (d), or (e) shall remain in effect until revoked or for a period of one year from the date the notice was originally given, whichever occurs first.

5)        Nothing in this section permits an owner who has granted the lawful right of possession to a renter or lessee to restrict the renter or lessee from lawfully possessing a firearm in the residence.

6)        A violation of this section is an infraction.

53B-3-103.   Power of board to adopt rules and enact regulations.

1)        The board may enact regulations governing the conduct of university and college students, faculty, and employees.

2)        a) The board may:

i)          enact and authorize higher education institutions to enact traffic, parking, and related regulations governing all individuals on campuses and other facilities owned or controlled by the institutions or the board; and

ii)         acknowledging that the Legislature has the authority to regulate, by law, firearms at higher education institutions:

A)        authorize higher education institutions to establish no more than one secure area at each institution as a hearing room as prescribed in Section 76-8-311.1, but not otherwise restrict the lawful possession or carrying of firearms; and

B)        authorize a higher education institution to make a rule that allows a resident of a dormitory located at the institution to request only roommates who are not licensed to carry a concealed firearm under Section 53-5-704 or 53-5-705.

b)        In addition to the requirements and penalty prescribed in Subsections 76-8-311.1(3), (4), (5), and (6), the board shall make rules to ensure that:

i)          reasonable means such as mechanical, electronic, x-ray, or similar devices are used to detect firearms, ammunition, or dangerous weapons contained in the personal property of or on the person of any individual attempting to enter a secure area hearing room;

ii)         an individual required or requested to attend a hearing in a secure area hearing room is notified in writing of the requirements related to entering a secured area hearing room under this Subsection (2)(b) and Section 76-8-311.1;

iii)        the restriction of firearms, ammunition, or dangerous weapons in the secure area hearing room is in effect only during the time the secure area hearing room is in use for hearings and for a reasonable time before and after its use; and

iv)        reasonable space limitations are applied to the secure area hearing room as warranted by the number of individuals involved in a typical hearing.

3)        The board and institutions may enforce these rules and regulations in any reasonable manner, including the assessment of fees, fines, and forfeitures, the collection of which may be by withholding from moneys owed the violator, the imposition of probation, suspension, or expulsion from the institution, the revocation of privileges, the refusal to issue certificates, degrees, and diplomas, through judicial process or any reasonable combination of these alternatives.

76-8-311.1.   Secure areas — Items prohibited — Penalty.

1)        In addition to the definitions in Section 76-10-501, as used in this section:

a)         “Correctional facility” has the same meaning as defined in Section 76-8-311.3.

b)        “Explosive” has the same meaning as defined for “explosive, chemical, or incendiary device” defined in Section 76-10-306.

c)         “Law enforcement facility” means a facility which is owned, leased, or operated by a law enforcement agency.

d)        “Mental health facility” has the same meaning as defined in Section 62A-15-602.

e)

i)          “Secure area” means any area into which certain persons are restricted from transporting any firearm, ammunition, dangerous weapon, or explosive.

ii)         A “secure area” may not include any area normally accessible to the public.

2)

a)         A person in charge of a correctional, law enforcement, or mental health facility may establish secure areas within the facility and may prohibit or control by rule any firearm, ammunition, dangerous weapon, or explosive.

b)        Subsections (2)(a), (3), (4), (5), and (6) apply to higher education secure area hearing rooms referred to in Subsections 53B-3-103(2)(a)(ii) and (b).

3)        At least one notice shall be prominently displayed at each entrance to an area in which a firearm, ammunition, dangerous weapon, or explosive is restricted.

4)

a)         Provisions shall be made to provide a secure weapons storage area so that persons entering the secure area may store their weapons prior to entering the secure area.

b)        The entity operating the facility shall be responsible for weapons while they are stored in the storage area.

5)        It is a defense to any prosecution under this section that the accused, in committing the act made criminal by this section, acted in conformity with the facility’s rule or policy established pursuant to this section.

6)

a)         Any person who knowingly or intentionally transports into a secure area of a facility any firearm, ammunition, or dangerous weapon is guilty of a third degree felony.

b)        Any person violates Section 76-10-306 who knowingly or intentionally transports, possesses, distributes, or sells any explosive in a secure area of a facility.

76-8-311.3    Items prohibited in correctional and mental health facilities — Penalties.

(Continued…)

78A-2-203.   Rules — Right to make — Limitation — Security.

1)        Every court of record may make rules, not inconsistent with law, for its own government and the government of its officers; but such rules must neither impose any tax or charge upon any legal proceeding nor give any allowance to any officer for service.

2)

a)         The judicial council may provide, through the rules of judicial administration, for security in or about a courthouse or courtroom, or establish a secure area as prescribed in Section 76-8-311.1.

b)

i)          If the council establishes a secure area under Subsection (2)(a), it shall provide a secure firearms storage area on site so that persons with lawfully carried firearms may store them while they are in the secure area.

ii)         The entity operating the facility with the secure area shall be responsible for the firearms while they are stored in the storage area referred to in Subsection (2)(b)(i).

iii)        The entity may not charge a fee to individuals for storage of their firearms under Subsection (2)(b)(i).

3)

a)         Unless authorized by the rules of judicial administration, any person who knowingly or intentionally possesses a firearm, ammunition, or dangerous weapon within a secure area established by the judicial council under this section is guilty of a third degree felony.

b)        Any person is guilty of violating Section 76-10-306 who transports, possesses, distributes, or sells an explosive, chemical, or incendiary device, as defined by Section 76-10-306, within a secure area, established by the Judicial Council under this section.

76-10-500.   Uniform law.

1)        The individual right to keep and bear arms being a constitutionally protected right, the Legislature finds the need to provide uniform laws throughout the state. Except as specifically provided by state law, a citizen of the United States or a lawfully admitted alien shall not be:

a)         prohibited from owning, possessing, purchasing, selling, transferring, transporting, or keeping any firearm at his place of residence, property, business, or in any vehicle lawfully in his possession or lawfully under his control; or

b)        required to have a permit or license to purchase, own, possess, transport, or keep a firearm.

2)        This part is uniformly applicable throughout this state and in all its political subdivisions and municipalities. All authority to regulate firearms shall be reserved to the state except where the Legislature specifically delegates responsibility to local authorities or state entities. Unless specifically authorized by the Legislature by statute, a local authority or state entity may not enact or enforce any ordinance, regulation, or rule pertaining to firearms.

76-9-102.   Disorderly conduct.

1)        A person is guilty of disorderly conduct if:

a)         he refuses to comply with the lawful order of the police to move from a public place, or knowingly creates a hazardous or physically offensive condition, by any act which serves no legitimate purpose (Carrying a Firearm for Protection is a Legitimate Purpose); or

b)        intending to cause public inconvenience, annoyance, or alarm, or recklessly creating a risk thereof, he:

i)          engages in fighting or in violent, tumultuous, or threatening behavior;

ii)         makes unreasonable noises in a public place;

iii)        makes unreasonable noises in a private place which can be heard in a public place; or

iv)        obstructs vehicular or pedestrian traffic.

2)        “Public place,” for the purpose of this section, means any place to which the public or a substantial group of the public has access and includes but is not limited to streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.

3)        Disorderly conduct is a class C misdemeanor if the offense continues after a request by a person to desist. Otherwise it is an infraction.

76-9-106.   Disrupting the operation of a school.

1) A person is guilty of disrupting the operation of a school if the person, after being asked to leave by a school official, remains on school property for the purpose of encouraging or creating an unreasonable and substantial disruption or risk of disruption of a class, activity, program, or other function of a public or private school.

2) For purposes of this section, “school property” includes property being used by a public or private school for a school function.

3) Disrupting the operation of a school is a class B misdemeanor.

76-2-103.   Definitions.

A person engages in conduct:

1) Intentionally, or with intent or willfully with respect to the nature of his conduct or to a result of his conduct, when it is his conscious objective or desire to engage in the conduct or cause the result.

2) Knowingly, or with knowledge, with respect to his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or the existing circumstances. A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result.

3) Recklessly with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor’s standpoint.

4) With criminal negligence or is criminally negligent with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise in all the circumstances as viewed from the actor’s standpoint.

76-2-401.   Justification as defense — When allowed.

1)        Conduct which is justified is a defense to prosecution for any offense based on the conduct. The defense of justification may be claimed:

a)         when the actor’s conduct is in defense of persons or property under the circumstances described in Sections 76-2-402 through 76-2-406 of this part;

b)        when the actor’s conduct is reasonable and in fulfillment of his duties as a governmental officer or employee;

c)         when the actor’s conduct is reasonable discipline of minors by parents, guardians, teachers, or other persons in loco parentis, as limited by Subsection (2);

d)        when the actor’s conduct is reasonable discipline of persons in custody under the laws of the state; or

e)        when the actor’s conduct is justified for any other reason under the laws of this state.

2)        The defense of justification under Subsection (1)(c) is not available if the offense charged involves causing serious bodily injury, as defined in Section 76-1-601, serious physical injury, as defined in Section 76-5-109, or the death of the minor.

76-2-402.   Force in defense of person — Forcible felony defined.

1)        A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that force is necessary to defend himself or a third person against such other’s imminent use of unlawful force. However, that person is justified in using force intended or likely to cause death or serious bodily injury only if he or she reasonably believes that force is necessary to prevent death or serious bodily injury to himself or a third person as a result of the other’s imminent use of unlawful force, or to prevent the commission of a forcible felony.

2)        A person is not justified in using force under the circumstances specified in Subsection (1) if he or she:

a)         initially provokes the use of force against himself with the intent to use force as an excuse to inflict bodily harm upon the assailant;

b)        is attempting to commit, committing, or fleeing after the commission or attempted commission of a felony; or

c)

i)          was the aggressor or was engaged in a combat by agreement, unless he withdraws from the encounter and effectively communicates to the other person his intent to do so and, notwithstanding, the other person continues or threatens to continue the use of unlawful force; and

ii)         for purposes of Subsection (i) the following do not, by themselves, constitute “combat by agreement”:

A.         voluntarily entering into or remaining in an ongoing relationship; or

B.         entering or remaining in a place where one has a legal right to be.

3)        A person does not have a duty to retreat from the force or threatened force described in Subsection (1) in a place where that person has lawfully entered or remained, except as provided in Subsection (2)(c)

4)        For purposes of this section, a forcible felony includes aggravated assault, mayhem, aggravated murder, murder, manslaughter, kidnapping, and aggravated kidnapping, rape, forcible sodomy, rape of a child, object rape, object rape of a child, sexual abuse of a child, aggravated sexual abuse of a child, and aggravated sexual assault as defined in Title 76, Chapter 5, and arson, robbery, and burglary as defined in Title 76, Chapter 6. Any other felony offense which involves the use of force or violence against a person so as to create a substantial danger of death or serious bodily injury also constitutes a forcible felony. Burglary of a vehicle, defined in Section 76-6-204, does not constitute a forcible felony except when the vehicle is occupied at the time unlawful entry is made or attempted.

5)        In determining imminence or reasonableness under Subsection (1), the trier of fact may consider, but is not limited to, any of the following factors:

a)         the nature of the danger;

b)        the immediacy of the danger;

c)         the probability that the unlawful force would result in death or serious bodily injury;

d)        the other’s prior violent acts or violent propensities; and

e)        any patterns of abuse or violence in the parties’ relationship.

76-2-403.   Force in arrest.

Any person is justified in using any force, except deadly force, which he reasonably believes to be necessary to effect an arrest or to defend himself or another from bodily harm while making an arrest.

76-2-405.   Force in defense of habitation.

1)        A person is justified in using force against another when and to the extent that he reasonably believes that the force is necessary to prevent or terminate the other’s unlawful entry into or attack upon his habitation; however, he is justified in the use of force which is intended or likely to cause death or serious bodily injury only if:

a)         the entry is made or attempted in a violent and tumultuous manner, surreptitiously, or by stealth, and he reasonably believes that the entry is attempted or made for the purpose of assaulting or offering personal violence to any person, dwelling, or being in the habitation and he reasonably believes that the force is necessary to prevent the assault or offer of personal violence; or

b)        he reasonably believes that the entry is made or attempted for the purpose of committing a felony in the habitation and that the force is necessary to prevent the commission of the felony.

2)        The person using force or deadly force in defense of habitation is presumed for the purpose of both civil and criminal cases to have acted reasonably and had a reasonable fear of imminent peril of death or serious bodily injury if the entry or attempted entry is unlawful and is made or attempted by use of force, or in a violent and tumultuous manner, or surreptitiously or by stealth, or for the purpose of committing a felony.

76-2-406.   Force in defense of property.

A person is justified in using force, other than deadly force, against another when and to the extent that he reasonably believes that force is necessary to prevent or terminate criminal interference with real property or personal property:

1)        Lawfully in his possession; or

2)        Lawfully in the possession of a member of his immediate family; or

3)        Belonging to a person whose property he has a legal duty to protect.

76-2-407.   Deadly force in defense of persons on real property.

1)        A person is justified in using force intended or likely to cause death or serious bodily injury against another in his defense of persons on real property other than his habitation if:

a)         he is in lawful possession of the real property;

b)        he reasonably believes that the force is necessary to prevent or terminate the other person’s trespass onto the real property;

c)         the trespass is made or attempted by use of force or in a violent and tumultuous manner; and

d)

i)          the person reasonably believes that the trespass is attempted or made for the purpose of committing violence against any person on the real property and he reasonably believes that the force is necessary to prevent personal violence; or

ii)         the person reasonably believes that the trespass is made or attempted for the purpose of committing a forcible felony as defined in Section 76-2-402 that poses imminent peril of death or serious bodily injury to a person on the real property and that the force is necessary to prevent the commission of that forcible felony.

2)        The person using deadly force in defense of persons on real property under Subsection (1) is presumed for the purpose of both civil and criminal cases to have acted reasonably and had a reasonable fear of imminent peril of death or serious bodily injury if the trespass or attempted trespass is unlawful and is made or attempted by use of force, or in a violent and tumultuous manner, or for the purpose of committing a forcible felony.

76-6-202.   Burglary.

(1) An actor is guilty of burglary if he enters or remains unlawfully in a building or any portion of a building with intent to commit:

(a) a felony;

(b) theft;

(c) an assault on any person;

(d) lewdness, a violation of Subsection 76-9-702(1);

(e) sexual battery, a violation of Subsection 76-9-702(3);

(f) lewdness involving a child, in violation of Section 76-9-702.5; or

(g) voyeurism against a child under Subsection 76-9-702.7(2) or (5).

(2) Burglary is a felony of the third degree unless it was committed in a dwelling, in which event it is a felony of the second degree.

(3) A violation of this section is a separate offense from any of the offenses listed in Subsections (1)(a) through (g), and which may be committed by the actor while he is in the building.

76-6-203.   Aggravated burglary.

(1) A person is guilty of aggravated burglary if in attempting, committing, or fleeing from a burglary the actor or another participant in the crime:

(a) causes bodily injury to any person who is not a participant in the crime;

(b) uses or threatens the immediate use of a dangerous weapon against any person who is not a participant in the crime; or

(c) possesses or attempts to use any explosive or dangerous weapon.

(2) Aggravated burglary is a first degree felony.

(3) As used in this section, “dangerous weapon” has the same definition as under Section 76-1-601.

76-1-601.   Definitions.

Unless otherwise provided, the following terms apply to this title:

(5) “Dangerous weapon” means:

(a) any item capable of causing death or serious bodily injury; or

(b) a facsimile or representation of the item, if:

(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

(ii) the actor represents to the victim verbally or in any other manner that he is in control of such an item.

76-6-204.   Burglary of a vehicle — Charge of other offense.

(1) Any person who unlawfully enters any vehicle with intent to commit a felony or theft is guilty of a burglary of a vehicle.

(2) Burglary of a vehicle is a class A misdemeanor.

(3) A charge against any person for a violation of Subsection (1) shall not preclude a charge for a commission of any other offense.

76-6-404.   Theft — Elements.

A person commits theft if he obtains or exercises unauthorized control over the property of another with a purpose to deprive him thereof.

76-6-412.   Theft — Classification of offenses — Action for treble damages.

(1) Theft of property and services as provided in this chapter shall be punishable:

(a) as a felony of the second degree if the:

(i) value of the property or services is or exceeds $5,000;

(ii) property stolen is a firearm or an operable motor vehicle;

(iii) actor is armed with a dangerous weapon, as defined in Section 76-1-601, at the time of the theft; or

(iv) property is stolen from the person of another;

(b) as a felony of the third degree if:

(i) the value of the property or services is or exceeds $1,000 but is less than $5,000;

(ii) the actor has been twice before convicted of theft, any robbery, or any burglary with intent to commit theft; or

(iii) in a case not amounting to a second-degree felony, the property taken is a stallion, mare, colt, gelding, cow, heifer, steer, ox, bull, calf, sheep, goat, mule, jack, jenny, swine, poultry, or a fur-bearing animal raised for commercial purposes;

(c) as a class A misdemeanor if the value of the property stolen is or exceeds $300 but is less than $1,000; or

(d) as a class B misdemeanor if the value of the property stolen is less than $300.

(2) Any person who violates Subsection 76-6-408(1) or Section 76-6-413, or commits theft of property described in Subsection 76-6-412(1)(b)(iii), is civilly liable for three times the amount of actual damages, if any sustained by the plaintiff, and for costs of suit and reasonable attorneys’ fees.

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Date Posted: 12 Dec 2010 @ 1:08 AM
Last Modified: 12 Dec 2010 @ 01:20 AM
Posted By: Robin
 

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