Utah § 76-11-305 Category I restricted person participating in prohibited dangerous weapon conduct.

Utah Statutes

§ 76-11-305 — Category I restricted person participating in prohibited dangerous weapon conduct.

Utah·Title 76 Utah Criminal Code·Ch. 76-11 Weapons·Part 76-11-3 Persons Restricted Regarding Dangerous Weapons

(1)Terms defined in Sections 76-1-101.5, 76-11-101, and 76-11-301 apply to this section.

(2)An actor commits category I restricted person participating in prohibited dangerous weapon conduct if the actor:

(2)(a) is a category I restricted person; and

(2)(b) intentionally or knowingly:

(2)(b)(i) agrees, consents, offers, or arranges to:

(2)(b)(i)(A) purchase a dangerous weapon;

(2)(b)(i)(B) transfer a dangerous weapon;

(2)(b)(i)(C) use a dangerous weapon; or

(2)(b)(i)(D) carry or otherwise possess a dangerous weapon; or

(2)(b)(ii) purchases, transfers, uses, carries, or otherwise possesses a dangerous weapon.

(3)(3)(a) A violation of Subsection (2) is a third degree felony if the dangerous weapon is not a firearm.

(3)(b) A violation of Subsection (2) is a second degree felony if the dang

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(1) Terms defined in Sections 76-1-101.5, 76-11-101, and 76-11-301 apply to this section.
(2) An actor commits category I restricted person participating in prohibited dangerous weapon conduct if the actor:
(2)(a) is a category I restricted person; and
(2)(b) intentionally or knowingly:
(2)(b)(i) agrees, consents, offers, or arranges to:
(2)(b)(i)(A) purchase a dangerous weapon;
(2)(b)(i)(B) transfer a dangerous weapon;
(2)(b)(i)(C) use a dangerous weapon; or
(2)(b)(i)(D) carry or otherwise possess a dangerous weapon; or
(2)(b)(ii) purchases, transfers, uses, carries, or otherwise possesses a dangerous weapon.
(3) (3)(a) A violation of Subsection (2) is a third degree felony if the dangerous weapon is not a firearm.
(3)(b) A violation of Subsection (2) is a second degree felony if the dangerous weapon is a firearm.
(4) For purposes of this section, using a dangerous weapon includes using an antique firearm for an activity regulated under Title 23A, Wildlife Resources Act.
(5) It is an affirmative defense to a prosecution for transferring a dangerous weapon by an actor under Subsection (2) that the dangerous weapon:
(5)(a) was possessed by the actor or was under the actor's custody or control before the actor became a restricted person;
(5)(b) was not used in or possessed during the commission of a crime or subject to disposition under Title 77, Chapter 11a, Part 4, Disposal of Seized Property and Contraband;
(5)(c) is not being held as evidence by a court or law enforcement agency;
(5)(d) was transferred to an individual not legally prohibited from possessing the weapon; and
(5)(e) unless a different time is ordered by the court, was transferred within 10 days after the day on which the actor became a restricted person.
(6) (6)(a) It is not a violation of this section for an actor who is a category I restricted person to own, carry, or otherwise possess, archery equipment, including crossbows, for the purpose of lawful hunting and lawful target shooting.
(6)(b) Notwithstanding Subsection (6)(a), this section applies if the owning, carrying, or otherwise possessing archery equipment, including crossbows, is prohibited by:
(6)(b)(i) a court, as a condition of pre-trial release or probation; or
(6)(b)(ii) the Board of Pardons and Parole, as a condition of parole.

Utah § 76-11-305 (Category I restricted person participating in prohibited dangerous weapon conduct.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.