State Codes and Statutes

Statutes > Utah > Title-13 > Chapter-10 > 13-10-8

13-10-8. Failure to disclose the origin of a recording -- Penalty.
(1) For purposes of this section "recording" means:
(a) a tangible medium on which sounds or images are recorded or otherwise stored,including an original phonograph record, disc, tape, audio or video cassette, wire, film, or othersimilar medium; or
(b) a copy or reproduction that duplicates the original in whole or in part.
(2) A person is guilty of failure to disclose the origin of a recording if:
(a) the person commits any of the following acts for commercial advantage or privatefinancial gain:
(i) offers a recording for sale, resale, or rent;
(ii) sells, resells, rents, leases, or lends a recording; or
(iii) possesses a recording for any of the purposes described in Subsection (2)(a)(i) or(ii); and
(b) the person knows that the recording does not contain the true name and address of themanufacturer in a prominent place on its cover, jacket, or label.
(3) A person who fails to disclose the origin of a recording under Subsection (2) is guiltyof:
(a) a felony of the third degree if the offense involves 100 or more recordings during a180-day period or if the person has previously been convicted of a violation of this section;
(b) a class A misdemeanor if the offense involves at least 10 recordings but less than 100recordings during a 180-day period; or
(c) a class B misdemeanor if the offense involves less than 10 recordings.
(4) In addition to the penalties provided in Subsection (3), a court may order a personwho commits a violation of Subsection (2) to forfeit any recordings in the person's possessionthat served as the basis for the violation of Subsection (2).

Enacted by Chapter 325, 1995 General Session

State Codes and Statutes

Statutes > Utah > Title-13 > Chapter-10 > 13-10-8

13-10-8. Failure to disclose the origin of a recording -- Penalty.
(1) For purposes of this section "recording" means:
(a) a tangible medium on which sounds or images are recorded or otherwise stored,including an original phonograph record, disc, tape, audio or video cassette, wire, film, or othersimilar medium; or
(b) a copy or reproduction that duplicates the original in whole or in part.
(2) A person is guilty of failure to disclose the origin of a recording if:
(a) the person commits any of the following acts for commercial advantage or privatefinancial gain:
(i) offers a recording for sale, resale, or rent;
(ii) sells, resells, rents, leases, or lends a recording; or
(iii) possesses a recording for any of the purposes described in Subsection (2)(a)(i) or(ii); and
(b) the person knows that the recording does not contain the true name and address of themanufacturer in a prominent place on its cover, jacket, or label.
(3) A person who fails to disclose the origin of a recording under Subsection (2) is guiltyof:
(a) a felony of the third degree if the offense involves 100 or more recordings during a180-day period or if the person has previously been convicted of a violation of this section;
(b) a class A misdemeanor if the offense involves at least 10 recordings but less than 100recordings during a 180-day period; or
(c) a class B misdemeanor if the offense involves less than 10 recordings.
(4) In addition to the penalties provided in Subsection (3), a court may order a personwho commits a violation of Subsection (2) to forfeit any recordings in the person's possessionthat served as the basis for the violation of Subsection (2).

Enacted by Chapter 325, 1995 General Session


State Codes and Statutes

State Codes and Statutes

Statutes > Utah > Title-13 > Chapter-10 > 13-10-8

13-10-8. Failure to disclose the origin of a recording -- Penalty.
(1) For purposes of this section "recording" means:
(a) a tangible medium on which sounds or images are recorded or otherwise stored,including an original phonograph record, disc, tape, audio or video cassette, wire, film, or othersimilar medium; or
(b) a copy or reproduction that duplicates the original in whole or in part.
(2) A person is guilty of failure to disclose the origin of a recording if:
(a) the person commits any of the following acts for commercial advantage or privatefinancial gain:
(i) offers a recording for sale, resale, or rent;
(ii) sells, resells, rents, leases, or lends a recording; or
(iii) possesses a recording for any of the purposes described in Subsection (2)(a)(i) or(ii); and
(b) the person knows that the recording does not contain the true name and address of themanufacturer in a prominent place on its cover, jacket, or label.
(3) A person who fails to disclose the origin of a recording under Subsection (2) is guiltyof:
(a) a felony of the third degree if the offense involves 100 or more recordings during a180-day period or if the person has previously been convicted of a violation of this section;
(b) a class A misdemeanor if the offense involves at least 10 recordings but less than 100recordings during a 180-day period; or
(c) a class B misdemeanor if the offense involves less than 10 recordings.
(4) In addition to the penalties provided in Subsection (3), a court may order a personwho commits a violation of Subsection (2) to forfeit any recordings in the person's possessionthat served as the basis for the violation of Subsection (2).

Enacted by Chapter 325, 1995 General Session