§ 76-6-902 — Antiquities alteration, removal, injury, or destruction.

(1) Terms defined in Sections 76-1-101.5 and 76-6-901 apply to this section.
(2) An actor commits antiquities alteration, removal, injury, or destruction if the actor:

(2)(a) intentionally alters, removes, injures, or destroys antiquities from state lands or private lands without the landowner's consent; or
(2)(b) counsels, procures, solicits, or employs another person to violate Subsection (2)(a).
(3) (3)(a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class B misdemeanor.
(3)(b) A violation of Subsection (2) is a third degree felony if:
(3)(b)(i) the violation is the actor's second or subsequent violation of this section, Section 76-6-902.1, or Section 76-6-902.2; or
(3)(b)(ii) the amount at issue, as calculated under Subsection (3)(c), exceeds $500.
(3)(c) The amount described in Subsection (3)(b)(ii) is calculated by adding together:
(3)(c)(i) the commercial or archaeological value of the antiquities involved in the violation; and
(3)(c)(ii) the cost of the restoration and repair of the antiquities involved in the violation.
(3)(d) An actor shall surrender to the landowner all articles and material discovered, collected, excavated, or offered for sale or exchange in violation of this section.

Legislative History

Amended by Chapter 111, 2023 General Session