Utah § 78B-6-1107 Nuisance -- Drug houses and drug dealing -- Gambling -- Group criminal activity -- Party house -- Prostitution -- Weapons -- Discharge of a firearm -- Defense.

Utah Statutes

§ 78B-6-1107 — Nuisance -- Drug houses and drug dealing -- Gambling -- Group criminal activity -- Party house -- Prostitution -- Weapons -- Discharge of a firearm -- Defense.

Utah·Title 78B Judicial Code·Ch. 78B-6 Particular Proceedings·Part 78B-6-11 Nuisance

(1)Every building or place is a nuisance where:

(1)(a) the unlawful sale, manufacture, service, storage, distribution, dispensing, acquisition, or use occurs of any controlled substance, precursor, or analog described in Title 58, Chapter 37, Utah Controlled Substances Act;

(1)(b) gambling is permitted to be played, conducted, or dealt upon as prohibited in Title 76, Chapter 9, Part 14, Gambling, which creates the conditions of a nuisance as that term is defined in Subsection 78B-6-1101(1);

(1)(c) criminal activity is committed in concert with two or more individuals as described in Section 76-3-203.1;

(1)(d) criminal activity is committed for the benefit of, at the direction of, or in association with any criminal street gang as defined in Section 76-9-802;

(1)(e) criminal activity is co

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(1) Every building or place is a nuisance where:
(1)(a) the unlawful sale, manufacture, service, storage, distribution, dispensing, acquisition, or use occurs of any controlled substance, precursor, or analog described in Title 58, Chapter 37, Utah Controlled Substances Act;
(1)(b) gambling is permitted to be played, conducted, or dealt upon as prohibited in Title 76, Chapter 9, Part 14, Gambling, which creates the conditions of a nuisance as that term is defined in Subsection 78B-6-1101(1);
(1)(c) criminal activity is committed in concert with two or more individuals as described in Section 76-3-203.1;
(1)(d) criminal activity is committed for the benefit of, at the direction of, or in association with any criminal street gang as defined in Section 76-9-802;
(1)(e) criminal activity is committed to gain recognition, acceptance, membership, or increased status with a criminal street gang as defined in Section 76-9-802;
(1)(f) parties occur frequently which create the conditions of a nuisance as that term is defined in Subsection 78B-6-1101(1);
(1)(g) prostitution or promotion of prostitution is regularly carried on by one or more persons as described in Title 76, Chapter 5d, Prostitution;
(1)(h) a violation of an offense under Title 76, Chapter 11, Weapons, occurs on the premises;
(1)(i) the unlawful discharge of a firearm, as provided in state or local law, occurs on the premises; and
(1)(j) human trafficking occurs as described in Title 76, Chapter 5, Part 3, Kidnapping, Trafficking, and Smuggling.
(2) It is a defense to nuisance under Subsection (1)(a) if the defendant can prove that the defendant is lawfully entitled to the possession or use of a controlled substance.
(3) Evidence of a previous conviction for a crime described in Subsection (1) may not be used in an action for nuisance under this part.

Utah § 78B-6-1107 (Nuisance -- Drug houses and drug dealing -- Gambling -- Group criminal activity -- Party house -- Prostitution -- Weapons -- Discharge of a firearm -- Defense.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Amended by Chapter 141, 2025 General Session; Amended by Chapter 173, 2025 General Session; Amended by Chapter 174, 2025 General Session; Amended by Chapter 178, 2025 General Session; Amended by Chapter 208, 2025 General Session