Utah § 76-6-113 Property damage resulting in economic interruption -- Enhanced penalties.

Utah Statutes

§ 76-6-113 — Property damage resulting in economic interruption -- Enhanced penalties.

Utah·Title 76 Utah Criminal Code·Ch. 76-6 Offenses Against Property·Part 76-6-1 Property Destruction

(1)(1)(a) As used in this section:

(1)(a)(i) "Business" means an enterprise carried on for the purpose of gain or economic profit.

(1)(a)(ii) "Governmental entity" means the state, a county, a municipality, a special district, a special service district, a school district, a state institution of higher education, or any other political subdivision or administrative unit of the state.

(1)(a)(iii) "Economic interruption" means any disruption or cessation to the operations of a business or governmental entity that results in:

(1)(a)(iii)(A) the business or governmental entity ceasing operations for at least one day; or

(1)(a)(iii)(B) the employees of the business or governmental entity being unable to perform labor for the business or governmental entity for at least one day.

(1)(b) Terms de

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(1) (1)(a) As used in this section:
(1)(a)(i) "Business" means an enterprise carried on for the purpose of gain or economic profit.
(1)(a)(ii) "Governmental entity" means the state, a county, a municipality, a special district, a special service district, a school district, a state institution of higher education, or any other political subdivision or administrative unit of the state.
(1)(a)(iii) "Economic interruption" means any disruption or cessation to the operations of a business or governmental entity that results in:
(1)(a)(iii)(A) the business or governmental entity ceasing operations for at least one day; or
(1)(a)(iii)(B) the employees of the business or governmental entity being unable to perform labor for the business or governmental entity for at least one day.
(1)(b) Terms defined in Sections 76-1-101.5 and 76-6-101 apply to this section.
(2) An actor commits property damage resulting in economic interruption if:
(2)(a) the actor intentionally, knowingly, recklessly, or negligently damages, defaces, or destroys a business's or governmental entity's property; and
(2)(b) the actor's actions under Subsection (2)(a) cause an economic interruption for the business or governmental entity.
(3) A violation of Subsection (2) is a class A misdemeanor.
(4) It is not a defense under this section that the actor did not know that the victim is a business or governmental entity.
(5) If the trier of facts finds that the actor committed a violation of Subsection (2), the actor is guilty of:
(5)(a) a third degree felony if the actor has two prior convictions for a violation of Subsection (2) within five years before the day on which the actor committed the most recent violation of Subsection (2); and
(5)(b) a second degree felony if the actor has at least three prior convictions for a violation of Subsection (2) within five years before the day on which the actor committed the most recent violation of Subsection (2).
(6) A prior conviction used for a penalty enhancement under Subsection (5) is a conviction that is from a separate criminal episode than:
(6)(a) the most recent violation of Subsection (2); and
(6)(b) any other prior conviction that is used to enhance the penalty for the most recent violation of Subsection (2).
(7) The prosecuting attorney, or the grand jury if an indictment is returned, shall include notice in the information or indictment that the offense is subject to an enhancement under Subsection (5).

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