State Codes and Statutes

Statutes > Utah > Title-76 > Chapter-06 > 76-6-110

76-6-110. Offenses committed against animal enterprises -- Definitions -- Enhancedpenalties.
(1) As used in this section:
(a) "Animal enterprise" means a commercial or academic enterprise that:
(i) uses animals for food or fiber production;
(ii) is an agricultural operation, including a facility for the production of crops orlivestock, or livestock products;
(iii) operates a zoo, aquarium, circus, rodeo, or lawful competitive animal event; or
(iv) any fair or similar event intended to advance agricultural arts and sciences.
(b) "Livestock" means cattle, sheep, goats, swine, horses, mules, poultry, domesticatedelk as defined in Section 4-39-102, or any other domestic animal or domestic furbearer raised orkept for profit.
(c) "Property" includes any buildings, vehicles, animals, data, or records.
(2) (a) A person who commits any criminal offense with the intent to halt, impede,obstruct, or interfere with the lawful operation of an animal enterprise or to damage, take, orcause the loss of any property owned by, used by, or in the possession of a lawful animalenterprise, is subject to an enhanced penalty under Subsection (3).
(b) Subsection (2)(a) does not apply to action protected by the National Labor RelationsAct, 29 U.S.C. Section 151 et seq., or the Federal Railway Labor Act, 45 U.S.C. Section 151 etseq.
(c) The prosecuting attorney, or grand jury if an indictment is returned, shall cause to besubscribed upon the information or indictment notice that the defendant is subject to the enhancedpenalties provided under this section.
(3) If the trier of fact finds beyond a reasonable doubt that the defendant committed anycriminal offense with the intent to halt, impede, obstruct, or interfere with the lawful operation ofan animal enterprise or to damage, take, or cause the loss of any property owned by, used by, orin the possession of a lawful animal enterprise, the penalties are enhanced as provided in thisSubsection (3):
(a) a class C misdemeanor is a class B misdemeanor, with a mandatory fine of not lessthan $1,000, which is in addition to any term of imprisonment the court may impose;
(b) a class B misdemeanor is a class A misdemeanor, with a fine of not less than $2,500,which is in addition to any term of imprisonment the court may impose;
(c) a class A misdemeanor is a third degree felony, with a fine of not less than $5,000,which is in addition to any term of imprisonment the court may impose;
(d) a third degree felony is a second degree felony, with a fine of not less than $7,500,which is in addition to any term of imprisonment the court may impose; and
(e) a second degree felony is subject to a fine of not less than $10,000, which is inaddition to any term of imprisonment the court may impose.

Enacted by Chapter 225, 2001 General Session