Title 76, Title 76: Criminal Offenses

76-6-102. Arson. (1) Terms defined in Sectionsandapply to this section. 76-1-101.5 76-6-101 (2) An actor commits arson if, under circumstances not amounting to aggravated arson, the person by means of fire or explosives unlawfully and intentionally damages: any property with inte…

76-6-103. Aggravated arson. (1) Terms defined in Sectionsandapply to this section. 76-1-101.5 76-6-101 (2) An actor commits aggravated arson if by means of fire or explosives the actor intentionally and unlawfully damages: a habitable structure; or any structure or vehicle when a…

76-6-104. Reckless burning. (1) Terms defined in Sectionsandapply to this section. 76-1-101.5 76-6-101 (2) An actor commits reckless burning if the actor: recklessly starts a fire or causes an explosion which endangers human life; having started a fire, whether recklessly or not,…

76-6-104.5. Abandonment of a fire -- Penalties. (1) Terms defined in Sectionsandapply to this section. 76-1-101.5 76-6-101 (2) An actor commits abandonment of a fire if, under circumstances not amounting to the offense of arson, aggravated arson, or causing a catastrophe, the act…

76-6-105. Causing a catastrophe -- Penalties. (1) Terms defined in Sectionsandapply to this section. 76-1-101.5 76-6-101 (2) An actor commits causing a catastrophe if the actor causes widespread injury or damage to persons or property by: use of a weapon of mass destruction as de…

76-6-106. Criminal mischief. (1) As used in this section, "critical infrastructure" includes: financial and banking systems; any railroads, airlines, airports, airways, highways, bridges, waterways, fixed guideways, or other transportation systems intended for the transportation …

76-6-106.1. Property damage or destruction. (1) Terms defined in Sectionsandapply to this section. 76-1-101.5 76-6-101 (2) An actor commits property damage or destruction if the actor under circumstances not amounting to arson or criminal mischief: damages or destroys property wi…

76-6-106.2. Property damage or destruction by a trespasser on real property. (1) Terms defined in Sectionsandapply to this section. 76-1-101.5 76-6-101 (2) An actor commits property damage or destruction by a trespasser on real property if, under circumstances not amounting to bu…

76-6-106.3. Destruction or tampering with a critical infrastructure facility -- Penalty. (1) As used in this section: "Critical infrastructure facility" means: a petroleum or alumina refinery; critical electric infrastructure, as defined in 18 C.F.R. Sec. 388.113, including an el…

76-6-106.4. Destroying, tampering with, or unlawfully interacting with rescue tracking equipment. (1) As used in this section, "rescue tracking equipment" means property that: is located in a public place; and is designed to allow an individual to take possession of an item, or t…

76-6-107. Defacement by graffiti defined -- Penalties -- Removal costs -- Reimbursement liability -- Victim liability. (1) As used in this section, "victim" means the person whose property is defaced or damaged by the use of graffiti and who bears the expense for removal of the g…

76-6-107.5. Defacing by graffiti, damage, or destruction on public lands. (1) As used in this section: "Archaeological feature" means a non-portable element created or used by humans that provides insights into past human activities or organization at a site. "Archaeological feat…

76-6-108. Damage to or interruption of a communication device -- Penalty. (1) As used in this section: "Communication device" means any device, including a telephone, cellular telephone, computer, or radio, which may be used in an attempt to summon police, fire, medical, or other…

76-6-1101. Definitions. (1) As used in this part: "Personal identifying information" may include: name; birth date; address; telephone number; driver license number; social security number; place of employment; employee identification numbers or other personal identification numb…

76-6-1102. Identity fraud. (1) Terms defined in Sectionsandapply to this section. 76-1-101.5 76-6-1101 (2) An actor commits identity fraud if the actor knowingly or intentionally uses, or attempts to use, the personal identifying information of another person, whether that person…

76-6-1103. Investigation of violation. In addition to investigations conducted by law enforcement agencies, the Office of the Attorney General also has responsibility for investigating violations of this part where identity fraud is the primary violation that is alleged to have b…

76-6-1104. Court records. In any case in which a person commits identify fraud and uses the personal identifying information obtained to commit a crime in addition to the identity fraud, the court shall make appropriate findings in any prosecution of such a crime that the person …

76-6-1105. Unlawful possession of another's identification documents. (1) As used in this section: "Identifying document" means: a government issued document commonly used for identification; a vehicle registration certificate; or any other document, image, data file, or medium c…

76-6-111. Wanton destruction of livestock -- Penalties -- Restitution criteria -- Seizure and disposition of property. (1) As used in this section: "Law enforcement officer" means the same as that term is defined in Section. 53-13-103 "Livestock" means a domestic animal or fur be…

76-6-112. Agricultural operation interference -- Penalties. (1) As used in this section, "agricultural operation" means private property used for the production of livestock, poultry, livestock products, or poultry products. Terms defined in Sectionsandapply to this section. 76-1…

76-6-113. Property damage resulting in economic interruption -- Enhanced penalties. (1) As used in this section: "Business" means an enterprise carried on for the purpose of gain or economic profit. "Governmental entity" means the state, a county, a municipality, a special distri…

76-6-1202. Definitions. As used in this part: (1) "Mortgage lending process" means the process through which a person seeks or obtains a mortgage loan, including solicitation, application, or origination, negotiation of terms, third-party provider services, underwriting, signing …

76-6-1203. Mortgage fraud. (1) Terms defined in Sectionsandapply to this section. 76-1-101.5 76-6-1202 (2) An actor commits mortgage fraud if the actor does any of the following with the intent to defraud: knowingly makes any material misstatement, misrepresentation, or omission …

76-6-1302. Definitions. As used in this part: (1) "Automated sales suppression device" means: a software program that falsifies the electronic records of electronic cash registers or any other point-of-sale systems, including transaction data and transaction reports; or a general…

76-6-1303. Possession, sale, or use of automated sales suppression device unlawful. (1) Terms defined in Sectionsandapply to this section. 76-1-101.5 76-6-1302 (2) An actor commits possession, sale, or use of an automated sales suppression device if the actor willfully or knowing…

76-6-1402. Definitions. As used in this part: (1) "Catalytic converter" means a motor vehicle exhaust system component that reduces vehicle emissions by breaking down harmful exhaust emissions. (2) "Dealer" means: a scrap metal processor or secondary metals dealer or recycler, bu…

76-6-1403. Requirements for records of sale or purchases. (1) Every dealer shall: require the information under Subsectionfor each transaction of regulated metal, except under Subsection; and (2) 76-6-1406(4) maintain for each purchase of regulated metal the information required …

76-6-1403.1. Unlawful conduct with respect to record of sale or purchase. (1) Terms defined in Sectionsandapply to this section. 76-1-101.5 76-6-1402 (2) A dealer commits unlawful conduct with respect to record of sale or purchase if the dealer violates a requirement under Sectio…

76-6-1404. Required notice to sellers of identification requirements. (1) A dealer shall at all times maintain in a prominent place at the dealer's place of business, in open view to a seller of regulated metal, a clearly legible notice in not less than two-inch high lettering th…

76-6-1404.1. Unlawful failure to maintain required notice to sellers. (1) Terms defined in Sectionsandapply to this section. 76-1-101.5 76-6-1402 (2) A dealer commits unlawful failure to maintain required notice to sellers if the dealer violates a requirement under Section. 76-6-…

76-6-1405. Qualifications to sell to dealer. (1) A dealer may not purchase regulated metal from a person younger than 18 years old. (2) If the person is unable to comply with all the identification requirements of Subsection, the dealer may not conduct a transaction of regulated …

76-6-1405.1. Unlawful failure to comply with qualifications to sell to dealer. (1) Terms defined in Sectionsandapply to this section. 76-1-101.5 76-6-1402 (2) A dealer commits unlawful failure to comply with qualifications to sell to dealer if the dealer violates a requirement un…

76-6-1406. Restrictions on the purchase of regulated metal -- Exemption. (1) A dealer may conduct purchase transactions involving regulated metal only between the hours of 6 a.m. and 7 p.m. (2) Except when the dealer pays a government entity by check for regulated metal, the deal…

76-6-1406.1. Unlawful failure to follow restrictions on the purchase of regulated metal. (1) Terms defined in Sectionsandapply to this section. 76-1-101.5 76-6-1402 (2) A dealer commits unlawful failure to follow restrictions on the purchase of regulated metal if the dealer viola…

76-6-1408. Falsification of seller's statement to dealer. (1) Terms defined in Sectionsandapply to this section. 76-1-101.5 76-6-1402 (2) An actor commits falsification of seller's statement to dealer if the actor: sells, offers to sell, or attempts to sell regulated metal; and i…

76-6-1409. Hold on stolen regulated metal property -- Hold notice. (1) If a law enforcement agency has reasonable cause to believe that items of regulated metal in the possession of a dealer are stolen, the law enforcement agency may issue a written hold notice. The hold notice d…

76-6-1409.1. Unlawful violation of regulated metal hold requirement. (1) Terms defined in Sectionsandapply to this section. 76-1-101.5 76-6-1402 (2) A dealer commits unlawful violation of regulated metal hold requirement if the dealer violates a requirement under Section. 76-6-14…

76-6-201. Definitions. As used in this part: (1) "Building," in addition to its ordinary meaning, means any watercraft, aircraft, trailer, or other structure or vehicle adapted for overnight accommodation of persons or for carrying on business and includes: each separately secure…

76-6-202. Burglary. (1) Terms defined in Sectionsandapply to this section. 76-1-101.5 76-6-201 (2) An actor commits burglary if the actor enters or remains unlawfully in a building or any portion of a building with intent to commit: a felony; theft; an assault on any person; lewd…

76-6-202.2. Interruption of a connected service in the commission of a burglary. (1) As used in this section: "Burglary" means an offense under Section. 76-6-202 "Connected service" means electrical, Internet, or telephone service. Terms defined in Sectionsandapply to this sectio…

76-6-203. Aggravated burglary. (1) Terms defined in Sectionsandapply to this section. 76-1-101.5 76-6-201 (2) An actor commits aggravated burglary if in attempting, committing, or fleeing from a burglary the actor or another participant in the crime: causes bodily injury to any p…

76-6-204. Burglary of a vehicle -- Charge of other offense. (1) Terms defined in Sectionsandapply to this section. 76-1-101.5 76-6-201 (2) An actor commits burglary of a vehicle if the actor unlawfully enters any vehicle with intent to commit a felony or theft. (3) A violation of…

76-6-204.5. Burglary of a railroad car -- Charge of other offenses. (1) Terms defined in Sectionsandapply to this section. 76-1-101.5 76-6-201 (2) An actor commits burglary of a railroad car if the actor breaks the lock or seal on any railroad car, with the intent to commit a fel…

76-6-205. Manufacture or possession of instrument for burglary or theft. (1) Terms defined in Sectionsandapply to this section. 76-1-101.5 76-6-201 (2) An actor commits manufacture or possession of an instrument for burglary or theft if the actor manufactures or possesses any ins…

76-6-206. Criminal trespass. (1) As used in this section: "Enter" means intrusion of the entire body or the entire unmanned aircraft. "Graffiti" means the same as that term is defined in Section. 76-6-101 "Remain unlawfully," as that term relates to an unmanned aircraft, means re…

76-6-206.1. Criminal trespass of abandoned or inactive mines. (1) For purposes of this section: "Abandoned or inactive mine" means an underground mine which is no longer open for access or no longer under excavation and has been clearly marked as closed or protected from entry. "…