(1) (a) A person may not discharge any kind of dangerous weapon or firearm:
(i) from an automobile or other vehicle;
(ii) from, upon, or across any highway;
(iii) at any road signs placed upon any highways of the state;
(vii) without written permission to discharge the dangerous weapon from the owner or person in charge of the property within 600 feet of:
(A) a house, dwelling, or any other building; or
(B) any structure in which a domestic animal is kept or fed, including a barn, poultry yard, corral, feeding pen, or stockyard.
(2) A violation of any provision of this section is a Class B misdemeanor unless the actor discharges a firearm under any of the following circumstances not amounting to criminal homicide or attempted criminal homicide, in which case it is a third degree felony and the convicted person shall be sentenced to an enhanced minimum term of three years in prison:
(a) the actor discharges a firearm in the direction of any person or persons, knowing or having reason to believe that any person may be endangered;
(b) the actor, with intent to intimidate or harass another or with intent to damage a habitable structure as defined in Subsection 76-6-101(2), discharges a firearm in the direction of any building; or
(c) the actor, with intent to intimidate or harass another, discharges a firearm in the direction of any vehicle.
(Top)(1) (a) A person who commits any offense listed in Subsection (4) is subject to an enhanced penalty for the offense as provided in Subsection (3) if the trier of fact finds beyond a reasonable doubt that the person acted in concert with two or more persons.
(b) "In concert with two or more persons" as used in this section means the defendant was aided or encouraged by at least two other persons in committing the offense and was aware that he was so aided or encouraged, and each of the other persons:
(i) was physically present; or
(ii) participated as a party to any offense listed in Subsection (4).
(c) For purposes of Subsection (1)(b)(ii):
(i) other persons participating as parties need not have the intent to engage in the same offense or degree of offense as the defendant; and
(ii) a minor is a party if the minor’s actions would cause him to be a party if he were an adult.
(2) The prosecuting attorney, or grand jury if an indictment is returned, shall cause to be subscribed upon the information or indictment notice that the defendant is subject to the enhanced penalties provided under this section.
(3) The enhanced penalty for a:
(a) class B misdemeanor is a class A misdemeanor;
(b) class A misdemeanor is a third degree felony;
(c) third degree felony is a second degree felony;
(d) second degree felony is a first degree felony; and
(e) first degree felony is an indeterminate prison term of not less than nine years and which may be for life.
(4) Offenses referred to in Subsection (1) are:
(a) any criminal violation of Title 58, Chapter 37, 37a, 37b, or 37c, regarding drug-related offenses;
(b) assault and related offenses under Title 76, Chapter 5, Part 1;
(c) any criminal homicide offense under Title 76, Chapter 5, Part 2;
(d) kidnapping and related offenses under Title 76, Chapter 5, Part 3;
(e) any felony sexual offense under Title 76, Chapter 5, Part 4;
(f) sexual exploitation of a minor as defined in Section 76-5a-3;
(g) any property destruction offense under Title 76, Chapter 6, Part 1;
(h) burglary, criminal trespass, and related offenses under Title 76, Chapter 6, Part 2;
(i) robbery and aggravated robbery under Title 76, Chapter 6, Part 3;
(j) theft and related offenses under Title 76, Chapter 6, Part 4;
(k) any fraud offense under Title 76, Chapter 6, Part 5, except Sections 76-6-503, 76-6-504, 76-6-505, 76-6-507, 76-6-508, 76-6-509, 76-6-510, 76-6-511, 76-6-512, 76-6-513, 76-6-514, 76-6-516, 76-6-517, 76-6-518, and 76-6-520;
(l) any offense of obstructing government operations under Title 76, Chapter 8, Part 3, except Sections 76-8-302, 76-8-303, 76-8-304, 76-8-307, 76-8-308, and 76-8-312;
(m) tampering with a witness or other violation of Section 76-8-508;
(n) extortion or bribery to dismiss criminal proceeding as defined in Section 76-8-509;
(o) any explosives offense under Title 76, Chapter 10, Part 3;
(p) any weapons offense under Title 76, Chapter 10, Part 5;
(q) pornographic and harmful materials and performances offenses under Title 76, Chapter 10, Part 12;
(r) prostitution and related offenses under Title 76, Chapter 10, Part 13;
(s) any violation of Title 76, Chapter 10, Part 15, Bus Passenger Safety Act;
(t) any violation of Title 76, Chapter 10, Part 16, Pattern of Unlawful Activity Act;
(u) communications fraud as defined in Section 76-10-1801;
(v) any violation of Title 76, Chapter 10, Part 19, Money Laundering and Currency Transaction Reporting Act; and
(w) burglary of a research facility as defined in Section 76-10-2002.
(5) It is not a bar to imposing the enhanced penalties under this section that the persons with whom the actor is alleged to have acted in concert are not identified, apprehended, charged, or convicted, or that any of those persons are charged with or convicted of a different or lesser offense.
(Top)(1) The Legislature shall provide an annual appropriation from the Uniform
School Fund to the State Board of Education for a gang prevention and intervention
program designed to help students at risk for gang involvement stay in school,
enhance their self-
esteem, and improve their intellectual and life skills.
(2) The program shall:
(a) provide independent gang prevention and intervention both inside and outside of school grounds when necessary, including:
(i) meetings with gang members and other students whose activities negatively impact students in the program;
(ii) intervening in situations involving gangs that impact students in the
program or can
result in violence;
(iii) in-home visits with families of students in the program designed to encourage parents to become involved in their child’s education; and
(iv) notifying law enforcement personnel when a particular problem cannot be defused or when required by law; and
(b) maintaining required individual information including profiles on each student receiving direct services through the program, including:
(i) attendance records;
(ii) academic records; and
(iii) extra-curricular activities.
(3) The program coordinator at each school shall:
(a) be on the school grounds during school hours;
(b) have received training on gang prevention and intervention strategies in the schools;
(c) have an understanding of the cultural backgrounds of gang members and at-risk students and be aware of the potential for gang involvement in all situations; and
(d) have a minimum of one year’s experience or on-site training in gang related issues inside the schools.
(4) Individual schools within each school district interested in providing a gang prevention and intervention program shall apply to the school board for funds.
(5) Individual schools shall be required to provide a percentage of the funding necessary for the program in their school, at least one-half of which must be provided through in-kind services. In-kind services may not include office space and support. Percentage requirements shall be as follows:
(a) elementary schools, 12%;
(b) middle, intermediate, or junior high schools, 18%;
(c) high schools, 25%.
(6) Individual schools receiving funds may provide the program to their students by contracting with a private entity whose program meets the requirements set out in Subsections (2) and (3).
(Top)(1) It is a class B misdemeanor to:
(a) solicit, recruit, entice, or intimidate a minor to join a criminal street gang, whether or not the minor actually joins the criminal street gang;
(b) conspire to commit any act under Subsection (1)(a) with the intent to cause a minor to join a criminal street gang; or
(c) use intimidation to prevent or attempt to prevent a minor from leaving a criminal street gang or ending the minor's affiliation with a criminal street gang.
(2) It is a class A misdemeanor for any person who is a member of or actively involved with a criminal street gang to:
(a) intimidate or otherwise cause a minor to commit or attempt to commit any misdemeanor criminal offense; or
(b) commit a violation of Subsection (1)(a):
(i) more than once;
(ii) regarding the same minor; and
(iii) within a period of 180 days.
(3) Prosecution for any offense under this section does not prohibit prosecution for any other criminal offense.
(Top)(3) The Legislature further recognizes that the wearing of certain types of
clothing identifies students as members of youth gangs and has contributed to
disruptive behavior and violence in the public schools.
(1) The Legislature finds that:
(a) each student should be allowed to learn in a safe environment which fosters the learning process and is free from unnecessary disruptions;
(b) the wearing of certain types of clothing may identify students as members of youth gangs and contribute to disruptive behavior and violence in the schools;
(c) school uniform policies may be part of an overall program to:
(i) improve school safety and discipline; and
(ii) help avoid the disruption of the classroom atmosphere and decorum and prevent disturbances among students; and
(d) school uniforms may:
(i) decrease violence and theft among students; and
(ii) foster and promote desirable school operating conditions and a positive educational environment in accordance with this part.
(2) In accordance with Section 53A-15-1103, a school may adopt a school uniform policy that requires students enrolled at that school to wear a designated school uniform during the school day.
(3) A school uniform policy shall:
(a) protect students' free exercise of religious beliefs;
(b) specify whether the uniform policy is voluntary or mandatory for students;
(c) specify whether or not the uniform policy has an opt-out provision in addition to the provisions under Subsection (5); and
(d) include a provision for financial assistance to families who cannot afford to purchase a required uniform, which may include:
(i) the school providing school uniforms to students;
(ii) the school making used school uniforms available to students; or
(iii) other programs to make school uniforms available to economically disadvantaged students.
(4) A school uniform policy under this part is not considered a fee for either an elementary or a secondary school.
(5) A school uniform policy shall include a provision allowing a principal at any time during the school year to grant an exemption from wearing a school uniform to a student because of extenuating circumstances.
(6) (a) If a school adopts a school uniform policy under this part, that school's governing body or local school board shall adopt local appellate procedures for school actions under this part, including a denial of an exemption requested under Subsection (5).
(b) A person may seek judicial review of an action under this part only after exhausting the remedies provided under this Subsection (6).
(Top)(1) "Graffiti" means any form of unauthorized printing, writing, spraying, scratching, affixing, or inscribing on the property of another regardless of the content or nature of the material used in the commission of the act.
(2) "Victim" means the person or entity whose property was defaced by the graffiti and bears the expense for its removal.
(3) Graffiti is a:
(a) second degree felony if the damage caused is in excess of $5,000;
(b) third degree felony if the damage caused is in excess of $1,000;
(c) class A misdemeanor if the damage caused is equal to or in excess of $300; and
(d) class B misdemeanor if the damage caused is less than $300.
(4) Damages under Subsection (3) include removal costs, repair costs, or replacement costs, whichever is less.
(5) The court, upon conviction or adjudication, shall order restitution to the victim in the amount of removal, repair, or replacement costs.
(6) An additional amount of $1,000 in restitution shall be added to removal costs if the graffiti is positioned on an overpass or an underpass, requires that traffic be interfered with in order to remove it, or the entity responsible for the area in which the clean-up is to take place must provide assistance in order for the removal to take place safely.
(7) A person who voluntarily and at his own expense, removes graffiti for which he is responsible may be credited for the removal costs against restitution ordered by a court.
As used in this part:
(1) "Criminal street gang" means an organization, association in fact, or group of three or more persons, whether operated formally or informally:
(a) that is currently in operation;
(b) that has as one of its primary activities the commission of one or more predicate gang crimes;
(c) that has, as a group, an identifying name or identifying sign or symbol, or both; and
(d) whose members, acting individually or in concert with other members, engage in or have engaged in a pattern of criminal gang activity.
(2) "Intimidate" means the use of force, duress, violence, coercion, menace, or threat of harm for the purpose of causing an individual to act or refrain from acting.
(3) "Minor" means a person younger than 18 years of age.
(4) "Pattern of criminal gang activity" means:
(a) committing, attempting to commit, conspiring to commit, or soliciting the commission of two or more predicate gang crimes within five years;
(b) the predicate gang crimes are:
(i) committed by two or more persons; or
(ii) committed by an individual at the direction of, or in association with a criminal street gang; and
(c) the criminal activity was committed with the specific intent to promote, further, or assist in any criminal conduct by members of the criminal street gang.
(5) (a) "Predicate gang crime" means any of the following offenses:
(i) any criminal violation of the following provisions:
(A) Title 58, Chapter 37, Utah Controlled Substances Act;
(B) Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
(C) Title 58, Chapter 37b, Imitation Controlled Substances Act; or
(D) Title 58, Chapter 37c, Utah Controlled Substance Precursor Act;
(ii) Sections 76-5-102 through 76-5-103.5, which address assault offenses;
(iii) Title 76, Chapter 5, Part 2, Criminal Homicide;
(iv) Sections 76-5-301 through 76-5-304, which address kidnapping and related offenses;
(v) any felony offense under Title 76, Chapter 5, Part 4, Sexual Offenses;
(vi) Title 76, Chapter 6, Part 1, Property Destruction;
(vii) Title 76, Chapter 6, Part 2, Burglary and Criminal Trespass;
(viii) Title 76, Chapter 6, Part 3, Robbery;
(ix) any felony offense under Title 76, Chapter 6, Part 4, Theft, except Sections 76-6-404.5, 76-6-405, 76-6-407, 76-6-408, 76-6-409, 76-6-409.1, 76-6-409.3, 76-6-409.6, 76-6-409.7, 76-6-409.8, 76-6-409.9, 76-6-410, and 76-6-410.5;
(x) Title 76, Chapter 6, Part 5, Fraud, except Sections 76-6-504, 76-6-505, 76-6-507, 76-6-508, 76-6-509, 76-6-510, 76-6-511, 76-6-512, 76-6-513, 76-6-514, 76-6-516, 76-6-517, 76-6-518, and 76-6-520;
(xi) Title 76, Chapter 6, Part 11, Identity Fraud Act;
(xii) Title 76, Chapter 8, Part 3, Obstructing Governmental Operations, except Sections 76-8-302, 76-8 303, 76-8-304, 76-8-307, 76-8-308, and 76-8-312;
(xiii) Section 76-8-508, which includes tampering with a witness;
(xiv) Section 76-8-508.3, which includes retaliation against a witness or victim;
(xv) Section 76-8-509, which includes extortion or bribery to dismiss a criminal proceeding;
(xvi) Title 76, Chapter 10, Part 3, which addresses explosives;
(xvii) Title 76, Chapter 10, Part 5, Weapons;
(xviii) Title 76, Chapter 10, Part 15, Bus Passenger Safety Act;
(xix) Title 76, Chapter 10, Part 16, Pattern of Unlawful Activity Act;
(xx) Section 76-10-1801, which addresses communications fraud;
(xxi) Title 76, Chapter 10, Part 19, Money Laundering and Currency Transaction Reporting Act;
(xxii) Section 76-10-2002, which addresses burglary of a research facility;
(xxiii) Title 41, Chapter 1a, Motor Vehicle Act:
(A) Section 41-1a-1313, regarding possession of a motor vehicle without an identification number;
(B) Section 41-1a-1315, regarding false evidence of title and registration;
(C) Section 41-1a-1316, regarding receiving or transferring stolen vehicles;
(D) Section 41-1a-1317, regarding selling or buying a motor vehicle without an identification number; and
(E) Section 41-1a-1318, regarding the fraudulent alteration of an identification number.
(b) "Predicate gang crime" also includes:
(i) any state or federal criminal offense that by its nature involves a substantial risk that physical force may be used against another in the course of committing the offense; and
(ii) any felony violation of a criminal statute of any other state, the United States, or any district, possession, or territory of the United States which would constitute a violation of any offense in Subsection (4)(a) if committed in this state.
(1) "Adult" means a person 18 years of age or older.
(2) "Gang activity" means any criminal activity that is conducted as part of an organized youth gang. It includes any criminal activity that is done in concert with other gang members, or done alone if it is to fulfill gang purposes. "Gang activity" does not include graffiti.
(3) "Minor offense" means any unlawful act that is a status offense or would be a class B or C misdemeanor, infraction, or violation of a municipal or county ordinance if the youth were an adult. "Minor offense" does not include:
(a) class A misdemeanors;
(b) felonies of any degree;
(c) any offenses that are committed as part of gang activity;
(d) any of the following offenses which would carry mandatory dispositions if referred to the juvenile court under Section 78A-6-606:
(i) a second violation of Section 32A-12-209, Unlawful Purchase, Possession or Consumption by Minors -- Measurable Amounts in Body;
(ii) a violation of Section 41-6a-502, Driving Under the Influence;
(iii) a violation of Section 58-37-8, Controlled Substances Act;
(iv) a violation of Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
(v) a violation of Title 58, Chapter 37b, Imitation Controlled Substances Act; or
(vi) a violation of Section 76-9-701, Intoxication; or
(e) any offense where a dangerous weapon, as defined in Subsection 76-1-601(5), is used in the commission of the offense.
(4) "Sponsoring entity" means any political subdivision of the state, including a school or school district, juvenile court, law enforcement agency, prosecutor's office, county, city, or town.
(5) "Status offense" means a violation of the law that would not be a violation but for the age of the offender.
(6) "Youth" means a person under the age of 18 years or who is 18 but still attending high school.
(Top)(1) The Legislature shall provide an annual appropriation from the Uniform
School Fund to the State Board of Education for a gang prevention and intervention
program designed to help students at risk for gang involvement stay in school,
enhance their self-
esteem, and improve their intellectual and life skills.
(2) The program shall:
(a) provide independent gang prevention and intervention both inside and outside of school grounds when necessary, including:
(i) meetings with gang members and other students whose activities negatively impact students in the program;
(ii) intervening in situations involving gangs that impact students in the
program or can
result in violence;
(iii) in-home visits with families of students in the program designed to encourage parents to become involved in their child’s education; and
(iv) notifying law enforcement personnel when a particular problem cannot be defused or when required by law; and
(b) maintaining required individual information including profiles on each student receiving direct services through the program, including:
(i) attendance records;
(ii) academic records; and
(iii) extra-curricular activities.
(3) The program coordinator at each school shall:
(a) be on the school grounds during school hours;
(b) have received training on gang prevention and intervention strategies in the schools;
(c) have an understanding of the cultural backgrounds of gang members and at-risk students and be aware of the potential for gang involvement in all situations; and
(d) have a minimum of one year’s experience or on-site training in gang related issues inside the schools.
(4) Individual schools within each school district interested in providing a gang prevention and intervention program shall apply to the school board for funds.
(5) Individual schools shall be required to provide a percentage of the funding necessary for the program in their school, at least one-half of which must be provided through in-kind services. In-kind services may not include office space and support. Percentage requirements shall be as follows:
(a) elementary schools, 12%;
(b) middle, intermediate, or junior high schools, 18%;
(c) high schools, 25%.
(6) Individual schools receiving funds may provide the program to their students by contracting with a private entity whose program meets the requirements set out in Subsections (2) and (3).
(Top)The conduct and discipline policies required under Section 53A-11-901 shall include:
(7) specific provisions for preventing and responding to gang-related activities in the school, on school grounds, on school vehicles, or in connection with school-related activities or events.
(1) The Legislature shall provide an annual appropriation from the Uniform
School Fund to the State Board of Education for a gang prevention and intervention
program designed to help students at risk for gang involvement stay in school,
enhance their self-
esteem, and improve their intellectual and life skills.
(2) The program shall:
(a) provide independent gang prevention and intervention both inside and outside of school grounds when necessary, including:
(i) meetings with gang members and other students whose activities negatively impact students in the program;
(ii) intervening in situations involving gangs that impact students in the
program or can
result in violence;
(iii) in-home visits with families of students in the program designed to encourage parents to become involved in their child’s education; and
(iv) notifying law enforcement personnel when a particular problem cannot be defused or when required by law; and
(b) maintaining required individual information including profiles on each student receiving direct services through the program, including:
(i) attendance records;
(ii) academic records; and
(iii) extra-curricular activities.
(3) The program coordinator at each school shall:
(a) be on the school grounds during school hours;
(b) have received training on gang prevention and intervention strategies in the schools;
(c) have an understanding of the cultural backgrounds of gang members and at-risk students and be aware of the potential for gang involvement in all situations; and
(d) have a minimum of one year’s experience or on-site training in gang related issues inside the schools.
(4) Individual schools within each school district interested in providing a gang prevention and intervention program shall apply to the school board for funds.
(5) Individual schools shall be required to provide a percentage of the funding necessary for the program in their school, at least one-half of which must be provided through in-kind services. In-kind services may not include office space and support. Percentage requirements shall be as follows:
(a) elementary schools, 12%;
(b) middle, intermediate, or junior high schools, 18%;
(c) high schools, 25%.
(6) Individual schools receiving funds may provide the program to their students by contracting with a private entity whose program meets the requirements set out in Subsections (2) and (3).
(Top)(1) "Graffiti" means any form of unauthorized printing, writing, spraying, scratching, affixing, or inscribing on the property of another regardless of the content or nature of the material used in the commission of the act.
(2) "Victim" means the person or entity whose property was defaced by the graffiti and bears the expense for its removal.
(3) Graffiti is a:
(a) second degree felony if the damage caused is in excess of $5,000;
(b) third degree felony if the damage caused is in excess of $1,000;
(c) class A misdemeanor if the damage caused is equal to or in excess of $300; and
(d) class B misdemeanor if the damage caused is less than $300.
(4) Damages under Subsection (3) include removal costs, repair costs, or replacement costs, whichever is less.
(5) The court, upon conviction or adjudication, shall order restitution to the victim in the amount of removal, repair, or replacement costs.
(6) An additional amount of $1,000 in restitution shall be added to removal costs if the graffiti is positioned on an overpass or an underpass, requires that traffic be interfered with in order to remove it, or the entity responsible for the area in which the clean-up is to take place must provide assistance in order for the removal to take place safely.
(7) A person who voluntarily and at his own expense, removes graffiti for which he is responsible may be credited for the removal costs against restitution ordered by a court.
(1) If an offender uses graffiti and is convicted under Section 76-6-106 or 76-6-206 for its use, the court may, as a condition of probation under Subsection 77-18-1(8), order the offender to clean up graffiti of his own and any other at a time and place within the jurisdiction of the court.
(a) For a first conviction or adjudication, the court may require the offender to clean up graffiti for not less than eight hours.
(b) For a second conviction or adjudication, the court may require the offender to clean up graffiti for not less than 16 hours.
(c) For a third conviction or adjudication, the court may require the offender to clean up graffiti for not less than 24 hours.
(2) The offender convicted under Section 76-6-106, 76-6-206, or 76-6-107 shall be responsible for removal costs as determined under Section 76-6-107, unless waived by the court for good cause.
(3) The court may also require the offender to perform other alternative forms of restitution or repair to the damaged property pursuant to Subsection 77-18-1(8).
(1) For purposes of this section "enter" means intrusion of the entire body.
(2) A person is guilty of criminal trespass if, under circumstances not amounting to burglary as defined in Section 76-6-202, 76-6-203, or 76-6-204:
(a) he enters or remains unlawfully on property and:
(i) intends to cause annoyance or injury to any person or damage to any property, including the use of graffiti as defined in Section 76-6-107;