§ 76-9-113 — Commercial obstruction.

(1) (1)(a) As used in this section:
(1)(a)(i) (1)(a)(i)(A) "Building" means a watercraft, aircraft, trailer, sleeping car, or other structure or vehicle adapted for overnight accommodations of individuals or for carrying on business and includes:
(1)(a)(i)(A)(I) each separately secured or occupied portion of the building or vehicle; and
(1)(a)(i)(A)(II) each structure appurtenant or connected to the building or vehicle.
(1)(a)(i)(B) "Building" includes the commonly accepted meaning of building.
(1)(a)(ii) "Business" means a retail business dealing in tangible personal property.
(1)(a)(iii) "Enter" means:
(1)(a)(iii)(A) an intrusion of any part of the body; or
(1)(a)(iii)(B) the intrusion of any physical object under the control of the actor.
(1)(b) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits commercial obstruction if the actor:
(2)(a) enters or remains unlawfully on the premises of or in a building of any business; and
(2)(b) intends to interfere with the employees, customers, personnel, or operations of the business.
(3) A violation of Subsection (2) is a class A misdemeanor.
(4) This section does not apply to:
(4)(a) an action protected by the National Labor Relations Act, 29 U.S.C. Section 151 et seq., or the Federal Railway Labor Act, 45 U.S.C. Section 151 et seq.; or
(4)(b) an individual's exercise of the rights under the First Amendment to the Constitution of the United States or under Utah Constitution, Article I, Section 15.

Legislative History

Renumbered and Amended by Chapter 173, 2025 General Session