76-9 - Offenses Against Public Order, Health, and Safety

Title 76 > 76-9

Sections (102)

76-9-101 - Riot.

(1) Terms defined in Section 76-1-101.5 apply to this section.

(2) An actor commits riot if the actor:simultaneously with two or more other individuals engages in violent conduct, knowingly or recklessly creating a substantial risk of causing public alarm;assembles with two or more other individuals with the purpose of engaging, soon thereafter, in violent conduct, knowing, that two or more other individuals in the assembly have the same purpose;assembles with two or more other individuals with the purpose of committing an offense against a person, or the property of another person who the actor supposes to be guilty of a violation of law, believing that two or more other individuals in the assembly have the same purpose; orrefuses to comply with a lawful order to withdraw prior to, during, or immediately following a violation of Subsection (2)(a), (b), or (c).

(3) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class B misdemeanor.A violation of Subsection (2) is a third degree felony if, in the course of the violation:the actor causes substantial or serious bodily injury;the actor causes substantial property damage or commits arson; orthe actor was in possession of a dangerous weapon.

(4) It is not a defense to a prosecution under Subsection (2)(d) that in order for an actor to comply with an order to withdraw the actor must enter or cross over private property.

(5) An actor is not criminally or civilly liable for actions that the actor takes that are reasonably necessary to comply with an order to withdraw under Subsection 76-Ch76_9|(2)].

(6) An actor arrested for a violation of Subsection (2) may not be released from custody before the actor appears before a magistrate or a judge.

Amended by Chapter 173, 2025 General Session

76-9-102 - Disorderly conduct.

(1) As used in this section:“Official meeting” means:a meeting, as defined in Section 52-4-103;a meeting of the Legislature, the Utah Senate, the Utah House of Representatives, a legislative caucus, or any committee, task force, working group, or other organization in the state legislative branch; ora meeting of an entity created by the Utah Constitution, Utah Code, Utah administrative rule, legislative rule, or a written rule or policy of the Legislative Management Committee.”Public place” means a place to which the public or a substantial group of the public has access, including:streets or highways; andthe common areas of schools, hospitals, apartment houses, office buildings, public buildings, public facilities, transport facilities, and shops.Terms defined in Section 76-1-101.5 apply to this section.

(2) An actor commits disorderly conduct if:the actor refuses to comply with the lawful order of a law enforcement officer to move from a public place or an official meeting, or knowingly creates a hazardous or physically offensive condition by any act that serves no legitimate purpose; orintending to cause public inconvenience, annoyance, or alarm, or recklessly creating a risk of public inconvenience, annoyance, or alarm, the actor:engages in fighting or in violent, tumultuous, or threatening behavior;makes unreasonable noises in a public place or an official meeting;makes unreasonable noises in a private place that can be heard in a public place or an official meeting; orobstructs vehicular or pedestrian traffic in a public place or an official meeting.

(3) Except as provided in Subsection (3)(b), (c), or (d), a violation of Subsection (2) is an infraction.Except as provided in Subsection (3)(c) or (d), a violation of Subsection (2) is a class C misdemeanor if the violation occurs after the actor has been asked to cease conduct prohibited under this section.Except as provided in Subsection (3)(d), a violation of Subsection (2) is a class B misdemeanor if:the violation occurs after the actor has been asked to cease conduct prohibited under this section; andwithin five years before the day on which the actor violates this section, the actor was previously convicted of a violation of this section.A violation of Subsection (2) is a class A misdemeanor if:the violation occurs after the actor has been asked to cease conduct prohibited under this section; andwithin five years before the day on which the actor violates this section, the actor was previously convicted of two or more violations of this section.

(4) The mere carrying or possession of a holstered or encased firearm, whether visible or concealed, without additional behavior or circumstances that would cause a reasonable person to believe the holstered or encased firearm was carried or possessed with criminal intent, does not constitute a violation of this section.Subsection (4)(a) does not limit or prohibit a law enforcement officer from approaching or engaging an individual in a voluntary conversation.

Amended by Chapter 173, 2025 General Session

76-9-102.1 - Aggravated disorderly conduct on a street or highway.

.1(1) Terms defined in Section 76-1-101.5 apply to this section.

.1(2) An actor commits aggravated disorderly conduct on a street or highway if the actor:intentionally, knowingly, or recklessly obstructs vehicular or pedestrian traffic on a street or highway with:a speed limit of 40 miles per hour or more; orat least two lanes in the same direction of travel; andrefuses to comply with the lawful order of a law enforcement officer to move from the street or highway.

.1(3) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class B misdemeanor.A violation of Subsection (2) is a class A misdemeanor if within one year before the day on which the actor violates this section, the actor was previously convicted of a violation of Subsection (2).

Enacted by Chapter 195, 2025 General Session

76-9-103 - Disrupting a meeting or procession.

(1) Terms defined in Section 76-1-101.5 apply to this section.

(2) An actor commits disrupting a meeting or procession if the actor: obstructs or interferes with a lawful meeting, procession, or gathering by physical action, verbal utterance, or any other means; andintends the obstruction or disruption described in Subsection (2)(a) to prevent or disrupt the meeting, procession, or gathering.

(3) A violation of Subsection (2) is a class B misdemeanor.

Amended by Chapter 173, 2025 General Session

76-9-104 - Failure to disperse.

(1) Terms defined in Section 76-1-101.5 apply to this section.

(2) An actor commits failure to disperse if the actor:is at the scene of a riot, disorderly conduct, or an unlawful assembly; andremains at the scene of the riot, disorderly conduct, or unlawful assembly after having been ordered to disperse by a peace officer.

(3) A violation of Subsection (2) is a class C misdemeanor.

(4) This section does not apply to an actor who attempts to leave the scene of a riot, disorderly conduct, or unlawful assembly but is unsuccessful in leaving the scene.

Amended by Chapter 173, 2025 General Session

76-9-105 - Making a false alarm.

(1) As used in this section, “weapon of mass destruction” means the same as that term is defined in Section 76-15-301.Terms defined in Section 76-1-101.5 apply to this section.

(2) An actor commits making a false alarm if the actor: initiates or circulates a report or warning of a fire, impending bombing, or other crime or catastrophe; andknows that that the report or warning described in Subsection (2)(a) is: false or baseless;is likely to cause the evacuation of a building, place of assembly, or facility of public transport; andlikely to cause public inconvenience or alarm or action of any sort by an official or volunteer agency organized to deal with emergencies.

(3) Except as provided in Subsection (3)(b) or (c), a violation of Subsection (2) is a class B misdemeanor.Except as provided in Subsection (3)(c), a violation of Subsection (2) is a third degree felony if:the actor makes a false alarm alleging an ongoing act or event, or an imminent threat; andthe false alarm causes or threatens to cause bodily harm, serious bodily injury, or death to another individual.A violation of Subsection (2) is a second degree felony if the false alarm is regarding a weapon of mass destruction.

(4) In addition to any other penalty authorized by law, a court shall order an actor convicted of a felony violation of this section to reimburse any federal, state, or local unit of government, or any private business, organization, individual, or entity for all expenses and losses incurred in responding to the violation, unless the court states on the record the reasons why the court finds the reimbursement would be inappropriate.

Amended by Chapter 173, 2025 General Session

76-9-105.5 - Emergency reporting abuse.

.5(1) As used in this section:“Emergency” means a situation in which property or human life is in jeopardy and the prompt summoning of aid is essential to the preservation of human life or property.”Party line” means a subscriber’s line or telephone circuit:that consists of two or more connected main telephone stations; andwhere each telephone station has a distinctive ring or telephone number.”Weapon of mass destruction” means the same as that term is defined in Section 76-15-301.Terms defined in Sections 76-1-101.5 apply to this section.

.5(2) An actor commits emergency reporting abuse if the actor:reports an emergency or causes an emergency to be reported, through any means, to a public, private, or volunteer entity whose purpose is to respond to fire, police, or medical emergencies, when the actor knows the reported emergency does not exist;makes a false report, or intentionally aids, abets, or causes another person to make a false report, through any means to an emergency response service, including a law enforcement dispatcher or a 911 emergency response service, if the false report claims that:an emergency exists or will exist;the emergency described in Subsection (2)(b)(i) involves an imminent or future threat of serious bodily injury, serious physical injury, or death; andthe emergency described in Subsection (2)(b)(i) is occurring, or will occur, at a specified location; ormakes a false report after having previously made a false report, or intentionally aides, abets, or causes a third party to make a false report, to an emergency response service, including a law enforcement dispatcher or a 911 emergency response service, alleging a violation of Section 63G-31-302 regarding a sex-designated changing room.

.5(3) Except as provided in Subsection (3)(b), a violation of Subsection (2)(a) is a class B misdemeanor.A violation of Subsection (2)(a) is a second degree felony if the report is regarding a weapon of mass destruction.A violation of Subsection (2)(b) is a second degree felony.A violation of Subsection (2)(c) is a class B misdemeanor.

.5(4) In addition to another penalty authorized by law, a court shall order an actor convicted of a violation of this section to reimburse a federal, state, or local unit of government, or a private business, organization, individual, or entity for all expenses and losses incurred in responding to the violation.The court may order that the actor pay less than the full amount of the costs described in Subsection (4)(a) only if the court states on the record the reasons why the reimbursement would be inappropriate.

Renumbered and Amended by Chapter 173, 2025 General Session

76-9-105.6 - Prohibited use of a party line or public pay telephone in an emergency.

.6(1) As used in this section:“Emergency” means the same as that term is defined in Section 76-9-105.5.”Party line” means the same as that term is defined in Section 76-9-105.5.Terms defined in Section 76-1-101.5 apply to this section.

.6(2) An actor commits prohibited use of a party line or public pay telephone in an emergency if the actor:intentionally refuses to yield or surrender the use of a party line or a public pay telephone to another individual upon being informed that the party line or public pay telephone is needed to report a fire or summon police, medical, or other aid in case of an emergency; orasks for or requests the use of a party line or a public pay telephone on the pretext that an emergency exists, knowing that no emergency exists.

.6(3) A violation of Subsection (2) is a class C misdemeanor.

.6(4) Subsection 76-Ch76_9|(2)] does not apply if the actor refuses to yield or surrender the use of the party line or public pay telephone because the actor is using the party line or public pay telephone to report an emergency.

.6(5) In addition to another penalty authorized by law, a court shall order an actor convicted of a violation of this section to reimburse a federal, state, or local unit of government, or a private business, organization, individual, or entity for all expenses and losses incurred in responding to the violation.The court may order that the actor pay less than the full amount of the costs described in Subsection (5)(a) only if the court states on the record the reasons why the full reimbursement would be inappropriate.

Enacted by Chapter 173, 2025 General Session

76-9-106 - Disrupting the operation of a school.

(1) Terms defined in Section 76-1-101.5 apply to this section.

(2) An actor commits disrupting the operation of a school if the actor: is on the property of a private or public school, including property being used by the school for a school function;has the purpose of encouraging or creating an unreasonable and substantial disruption or risk of disruption of a class, activity, program, or other function of the school; andremains on the property after being requested to leave by a school official.

(3) A violation of Subsection (2) is a class B misdemeanor.

Amended by Chapter 173, 2025 General Session

76-9-107 - Unauthorized entry onto a school bus.

(1) As used in this section:“Driver” means the driver of a school bus.”School bus” means a publicly or privately owned motor vehicle designed for transporting 10 or more passengers and operated for the transportation of children to or from school or school activities.Terms defined in Section 76-1-101.5 apply to this section.

(2) An actor commits unauthorized entry onto a school bus if the actor:enters a school bus with the intent to commit a criminal offense;enters a school bus and disrupts or interferes with the driver; orenters a school bus and refuses to leave the school bus after being ordered to leave by the driver and the actor:causes or attempts to cause a disruption or an annoyance to any passenger on the school bus; oris reckless as to whether the actor’s presence or behavior will cause fear to a passenger on the school bus.

(3) A violation of Subsection (2) is a class B misdemeanor.

(4) Subsection (2)(c) does not apply:if the actor is a peace officer acting within the scope of the peace officer’s authority; orthe actor is authorized by the school district to board the school bus as:a student;an individual employed by the school district; ora volunteer participant in a school activity.

(5) Each school district shall ensure that clearly legible signs warning that unauthorized entry onto a school bus is a violation of the law are placed on each school bus and next to each entrance to the bus.

Amended by Chapter 173, 2025 General Session

76-9-108 - Disrupting a funeral or memorial service.

(1) As used in this section:“Funeral procession” means a procession of two or more motor vehicles where:the operators of the vehicles identify themselves as being part of the procession by having the lamps or lights of the vehicle on and by keeping in close formation with the other vehicles in the procession;at least one vehicle contains the body or remains of a deceased person being memorialized; andthe vehicles are going to or from a memorial service.”Memorial service” means a wake, funeral, graveside service, burial, or other ceremony or rite held in connection with the burial or cremation of an individual.”Memorial site” means a church, synagogue, mosque, funeral home, mortuary, cemetery, grave site, mausoleum, or other place at which a memorial service is conducted.”Disruptive activity” means:a loud or disruptive oration or speech that is not part of the memorial service;the display of a placard, banner, poster, flag, or other item that is not part of the memorial service; orthe distribution of any handbill, pamphlet, leaflet, or other written material or other item that is not part of the memorial service.Terms defined in Section 76-1-101.5 apply to this section.

(2) An actor commits disrupting a funeral or memorial service if the actor:intends to disrupt a memorial service; anddoes any of the following during the period beginning 60 minutes immediately before the scheduled commencement of the memorial service and ending 60 minutes after the conclusion of the memorial service:obstructs, hinders, impedes, or blocks another individual’s entry to or exit from the memorial site;obstructs, hinders, impedes, or blocks a funeral procession;makes unreasonable noise; orengages in a disruptive activity within 200 feet of the memorial service.

(3) A violation of Subsection (2) is a class B misdemeanor.

Amended by Chapter 173, 2025 General Session

76-9-109 - Targeted residential picketing.

(1) As used in this section:“Picketing” means the stationing or posting of one or more individuals to apprise the public, vocally or by standing or marching with signs, banners, sound amplification devices, or other means, of an opinion or a message.”Residence” means any single-family, duplex, or multi-family dwelling unit that is not being used as a targeted occupant’s sole place of business or as a place of public meeting.Terms defined in Section 76-1-101.5 apply to this section.

(2) An actor commits targeted residential picketing if:the actor engages in picketing, with or without signs, specifically directed or focused toward a residence, or one or more occupants of the residence; andthe actor’s conduct described in Subsection (2)(a)(i) takes place:on a portion of a sidewalk or street in front of the residence, in front of an adjoining residence, or on either side of the targeted residence; orwithin 100 feet of the property line of the targeted residence; orthe actor publishes, posts, disseminates, or discloses another individual’s residential address, or other information identifying the specific location of the individual’s residence; andthe actor intends to cause another individual to engage in the conduct described in Subsection (2)(a) directed or focused toward the individual’s residence.

(3) A violation of Subsection (2) is a class B misdemeanor.

(4) This section does not apply to:an actor picketing at the actor’s own residence;the picketing of a meeting place or assembly area commonly used to discuss subjects of general public interest; orgeneral picketing that proceeds through residential neighborhoods or that proceeds past residences.

Amended by Chapter 173, 2025 General Session

76-9-110 - Public intoxication.

(1) As used in this section, “minor” means an individual who is younger than 21 years old.Terms defined in Section 76-1-101.5 apply to this section.

(2) An actor commits public intoxication if the actor: is in a public place; orin a private place where the actor could unreasonably disturb other individuals;is under the influence of alcohol, a controlled substance, or any substance having the property of releasing toxic vapors; andis under the influence to a degree that it may endanger the actor or another individual.

(3) A violation of Subsection (2) is a class C misdemeanor.

(4) A peace officer or a magistrate may release an actor from custody arrested under this section if the peace officer or magistrate believes incarceration is unnecessary for the protection of the actor or another individual.A peace officer may take the actor to a detoxification center or other special facility as an alternative to incarceration or release from custody.

(5) If a minor is found by a court to have committed a violation of Subsection (2) and the violation is the minor’s first violation of Subsection (2), the court may:order the minor to complete a screening as defined in Section 41-6a-501;order the minor to complete an assessment as defined in Section 41-6a-501 if the screening indicates an assessment to be appropriate; andorder the minor to complete an educational series as defined in Section 41-6a-501 or substance use disorder treatment as indicated by an assessment.If a minor is found by a court to have violated Subsection (2) and the violation is the minor’s second or subsequent violation of Subsection (2), the court shall:order the minor to complete a screening as defined in Section 41-6a-501;order the minor to complete an assessment as defined in Section 41-6a-501 if the screening indicates an assessment to be appropriate; andorder the minor to complete an educational series as defined in Section 41-6a-501 or substance use disorder treatment as indicated by an assessment.

(6) When a minor who is at least 18 years old, but younger than 21 years old, is found by a court to have violated Subsection (2), the court shall suspend the minor’s driving privileges under Section 53-3-219.Notwithstanding the requirement in Subsection (6)(a), the court may reduce the suspension period required under Section 53-3-219 if:the violation is the minor’s first violation of Subsection (2); andthe minor completes an educational series as defined in Section 41-6a-501; orthe minor demonstrates substantial progress in substance use disorder treatment.Notwithstanding the requirement in Subsection (6)(a) and in accordance with the requirements of Section 53-3-219, the court may reduce the suspension period required under Section 53-3-219 if:the violation is the minor’s second or subsequent violation of Subsection (2);the minor has completed an educational series as defined in Section 41-6a-501 or demonstrated substantial progress in substance use disorder treatment; andthe minor is 18 years old or older and provides a sworn statement to the court that the minor has not unlawfully consumed alcohol or drugs for at least a one-year consecutive period during the suspension period imposed under Subsection (6)(a); orthe minor is under 18 years old and has the minor’s parent or legal guardian provide an affidavit or sworn statement to the court certifying that to the parent or legal guardian’s knowledge the minor has not unlawfully consumed alcohol or drugs for at least a one-year consecutive period during the suspension period imposed under Subsection (6)(a).

(7) When a minor who is younger than 18 years old is found by a court to have violated Subsection (2), the provisions regarding suspension of the driver’s license under Section 80-6-707 apply to the violation.

(8) Notwithstanding Subsections (5)(a) and (b), if a minor is adjudicated under Section 80-6-701, the court may only order substance use disorder treatment or an educational series if the minor has an assessed need for the intervention based on the results of a validated assessment.

(9) When the court issues an order suspending an actor’s driving privileges for a violation of Subsection (2), the actor’s driver license shall be suspended under Section 53-3-219.

Renumbered and Amended by Chapter 173, 2025 General Session

76-9-111 - Public urination.

(1) Terms defined in Section 76-1-101.5 apply to this section.

(2) An actor commits public urination if the actor urinates or defecates:in a public place, other than a public rest room; andunder circumstances which the actor should know will likely cause affront or alarm to another individual.

(3) A violation of Subsection (2) is an infraction.

Renumbered and Amended by Chapter 173, 2025 General Session

76-9-112 - Participation in an ultimate fighting match.

(1) Terms defined in Section 76-1-101.5 apply to this section.

(2) An actor commits participation in an ultimate fighting match if the actor publicizes, promotes, conducts, or engages in a live fighting match in which:an admission fee is charged;match rules permit professional contestants to use a combination of boxing, kicking, wrestling, hitting, punching, or other combative, contact techniques; andmatch rules do not:incorporate a formalized system of combative techniques against which a contestant’s performance is judged to determine the prevailing contestant;divide a match into two or more equal and specified time periods for a match total of no more than 50 minutes; orprohibit contestants from:using anything that is not part of the human body, except for boxing gloves, to intentionally inflict serious bodily injury upon an opponent through direct contact or the expulsion of a projectile;striking an individual who demonstrates an inability to protect the individual’s self from the advances of an opponent;biting; orusing direct, intentional, and forceful strikes to the eyes, groin area, adam’s apple area of the neck, or temple area of the head.

(3) A violation of Subsection (2) is a class A misdemeanor.

Renumbered and Amended by Chapter 173, 2025 General Session

76-9-113 - Commercial obstruction.

(1) As used in this section:“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:each separately secured or occupied portion of the building or vehicle; andeach structure appurtenant or connected to the building or vehicle.”Building” includes the commonly accepted meaning of building.”Business” means a retail business dealing in tangible personal property.”Enter” means:an intrusion of any part of the body; orthe intrusion of any physical object under the control of the actor.Terms defined in Section 76-1-101.5 apply to this section.

(2) An actor commits commercial obstruction if the actor:enters or remains unlawfully on the premises of or in a building of any business; andintends 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: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.; oran 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.

Renumbered and Amended by Chapter 173, 2025 General Session

76-9-114 - Aggravated commercial obstruction.

(1) As used in this section:“Building” means the same as that term is defined in Section 76-9-113.”Business” means the same as that term is defined in Section 76-9-113.”Enter” means the same as that term is defined in Section 76-9-113.Terms defined in Section 76-1-101.5 apply to this section.

(2) An actor commits aggravated commercial obstruction if the actor:enters or remains unlawfully on the premises or in a building of any business;intends to interfere with the employees, customers, personnel, or operations of the business; andintends to:obtain unauthorized control over any merchandise, property, records, data, or proprietary information of the business;alter, eradicate, or remove any merchandise, records, data, or proprietary information of the business;damage, deface, or destroy any property on the premises of the business;commit an assault on any person; orcommit any other felony.

(3) A violation of Subsection (2) is a second degree felony.

(4) This section does not apply to:an action protected by the National Labor Relations Act, 29 U.S.C. Sec. 151 et seq., or the Federal Railway Labor Act, 45 U.S.C. Sec. 151 et seq; oran 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.

Enacted by Chapter 173, 2025 General Session

Offenses Concerning the Military.

76-9-602 - False representation of the military.

(1) As used in this section:“Military related organization” means a public or private society, order, or organization that:only accepts as a member, an individual, or the relative of an individual, who is:a member of the military; oran honorably discharged member of the military; andis organized for the purpose of:recognizing or honoring an individual for military service;assisting an individual described in Subsection (1)(a)(i) to lawfully associate with, or provide service with, other individuals described in Subsection (1)(a)(i); orprovide support for, or assistance to, an individual described in Subsection (1)(a)(i).”Service medal” means:a congressional medal of honor, as defined in 18 U.S.C. 704(c)(2);a distinguished service cross, as defined in 10 U.S.C 3742;a Navy cross, as defined in 10 U.S.C. 6242;an Air Force cross, as defined in 10 U.S.C. 8742;a silver star, as defined in 10 U.S.C. 3746, 6244, or 8746;a bronze star, as defined in 10 U.S.C. 1133;a purple heart, as defined in 10 U.S.C. 1129;any decoration or medal authorized by the Congress of the United States for the armed forces of the United States;any service medal or badge awarded to members of the armed forces of the United States;any of the following Utah National Guard medals or ribbons:medal of valor;Utah cross;joint medal of merit;Utah medal of merit;joint commendation medal;commendation medal;achievement ribbon;joint staff service ribbon;state partnership service ribbon;service ribbon;military funeral honors service ribbon;emergency service ribbon; orrecruiting ribbon;any ribbon, button, or rosette for a decoration, medal, or badge described in Subsections (1)(a)(ii)(A) through (J); oran imitation of a decoration, medal, badge, ribbon, button, or rosette described in Subsections (1)(a)(ii)(A) through (K).Terms defined in Section 76-1-101.5 apply to this section.

(2) An actor commits false representation of the military if the actor: intentionally makes a false representation, verbally or in writing, that the actor has been awarded a service medal;purchases, attempts to purchase, solicits for purchase, mails, ships, imports, exports, produces blank certificates of receipt for, manufactures, sells, attempts to sell, advertises for sale, trades, barters, or exchanges for anything of value a service medal, or a colorable imitation of a service medal; andintends to defraud another individual or to falsely represent that the actor or another individual has been awarded a service medal;wears or uses a service medal of a military related organization:that the actor is not entitled to wear or use; andwith the intention to defraud another individual or to falsely represent that the actor or another individual has been awarded the service medal; oruses the name, an officer title, an insignia, a ritual, or a ceremony of a military related organization:that the actor is not entitled to use; andwith the intention to defraud or falsely represent that the actor or another individual was or is a member, representative, or officer of the military related organization.

(3) A violation of Subsection (2) is an infraction.

(4) Subsection (2)(b) does not apply if the actor is authorized under a federal law or a federal regulation to undertake the conduct described.

Renumbered and Amended by Chapter 173, 2025 General Session

76-9-802 - Definitions.

As used in this part:

(1) “Criminal street gang” means an organization, association in fact, or group of three or more individuals, whether operated formally or informally:that is currently in operation;that has as one of the organization’s, association’s, or group’s primary activities the commission of a criminal offense;that has, as a group, an identifying name or identifying sign or symbol, or both; andwhose members, acting individually or in concert with other members, engage in or have engaged in a pattern of criminal gang activity.

(2) “Gang loitering” means an individual remains in one place under circumstances that would cause a reasonable person to believe that the purpose or effect of that behavior is to enable or facilitate a criminal street gang to:establish control over one or more identifiable areas;intimidate other individuals from entering those areas; orconceal illegal activities.

(3) “Intimidate” means the use of force, duress, violence, coercion, menace, or threat of harm for the purpose of causing an individual to act or refrain from acting.

(4) “Minor” means an individual younger than 18 years old.

(5) “Pattern of criminal gang activity” means:committing, attempting to commit, conspiring to commit, or soliciting the commission of two or more criminal offenses within five years;the criminal offenses are:committed by two or more individuals; orcommitted by an individual at the direction of, or in association with, a criminal street gang; andthe criminal offenses were committed with the specific intent to promote, further, or assist in any criminal conduct by members of the criminal street gang.

(6) “Public place” means any location or structure that the public or a substantial group of the public has access to.”Public place” includes:a sidewalk, street, or highway;a public park, public recreation facility, or any other area open to the public;a shopping mall, sports facility, stadium, arena, theater, movie house, or playhouse;a parking lot or structure adjacent to a shopping mall, sports facility, stadium, arena, theater, movie house, or playhouse;a common area of a school, hospital, apartment building, office building, transport facility, or a business; anda lobby, hallway, elevator, restaurant or other dining area, or restroom of a location or structure described in Subsections (6)(b)(i) through (v).

Amended by Chapter 173, 2025 General Session

76-9-803 - Soliciting, recruiting, enticing, or intimidating a minor to join a criminal street gang.

(1) Terms defined in Sections 76-1-101.5 and 76-9-802 apply to this section.

(2) An actor commits soliciting, recruiting, enticing, or intimidating a minor to join a criminal street gang if the actor:solicits, recruits, entices, or intimidates a minor to join a criminal street gang; orconspires to commit an act described in Subsection (2)(a) with the intent to cause a minor to join a criminal street gang.

(3) A violation of Subsection (2) is:a class A misdemeanor if the actor is a minor; ora third degree felony if the actor is 18 years old or older.

(4) It is not a defense to a prosecution under this section that the minor did not join the criminal street gang.

Amended by Chapter 173, 2025 General Session

76-9-803.1 - Aggravated soliciting, recruiting, enticing, or intimidating a minor to join a criminal street gang.

.1(1) Terms defined in Sections 76-1-101.5 and 76-9-802 apply to this section.

.1(2) An actor commits aggravated soliciting, recruiting, enticing, or intimidating a minor to join a criminal street gang if, in the course of committing an offense under Section 76-9-803, the offense:involves the use of a dangerous weapon;results in serious bodily injury to any individual; orresults in serious emotional distress to any individual.

.1(3) A violation of Subsection (2) is:a third degree felony if the actor is a minor; ora second degree felony if the actor is 18 years old or older.

.1(4) It is not a defense to a prosecution under this section that the minor did not join the criminal street gang.

Enacted by Chapter 178, 2025 General Session

76-9-803.2 - Intimidating a minor to remain in a criminal street gang.

.2(1) Terms defined in Sections 76-1-101.5 and 76-9-802 apply to this section.

.2(2) An actor commits intimidating a minor to remain in a criminal street gang if the actor intimidates a minor to prevent the minor from leaving a criminal street gang or ending the minor’s affiliation with a criminal street gang.

.2(3) A violation of Subsection (2) is:a class A misdemeanor if the actor is a minor; ora third degree felony if the actor is 18 years old or older.

.2(4) It is not a defense to a prosecution under this section that the minor described in Subsection (2) left or ended the minor’s affiliation with a criminal street gang.

Enacted by Chapter 178, 2025 General Session

76-9-803.3 - Aggravated intimidating a minor to remain in a criminal street gang.

.3(1) Terms defined in Sections 76-1-101.5 and 76-9-802 apply to this section.

.3(2) An actor commits aggravated intimidating a minor to remain in a criminal street gang if, in the course of committing an offense under Section 76-9-803.2, the offense:involves the use of a dangerous weapon;results in serious bodily injury to any individual; orresults in serious emotional distress to any individual.

.3(3) A violation of Subsection (2) is:a third degree felony if the actor is a minor; ora second degree felony if the actor is 18 years old or older.

.3(4) It is not a defense to a prosecution under this section that the minor described in Subsection (2) left or ended the minor’s affiliation with a criminal street gang.

Enacted by Chapter 178, 2025 General Session

76-9-804 - Possession of a dangerous weapon by a convicted criminal gang offender.

(1) As used in this section, “dangerous weapon” means the same as that term is defined in Sections 76-1-101.5 and 76-11-101.Terms defined in Sections 76-1-101.5 and 76-9-802 apply to this section.

(2) An actor commits possession of a dangerous weapon by a convicted criminal gang offender if:the actor possess a dangerous weapon, ammunition, or a facsimile of a firearm; andthe actor’s possession described in Subsection (2)(a) occurs within five years after the day on which the actor was convicted of an offense that was enhanced under Section 76-3-203.1.

(3) A violation of Subsection (2) is a class A misdemeanor.

Amended by Chapter 173, 2025 General Session

76-9-805 - Failure to disperse.

(1) Terms defined in Sections 76-1-101.5 and 76-9-802 apply to this section.

(2) An actor commits failure to disperse if the actor:is in a place designated as an area where gang loitering is prohibited under Section 11-48-104;is ordered by a law enforcement officer under Section 53-25-602 to disperse from within sight and hearing of the location described in Subsection (2)(a); andfails to disperse as ordered in Subsection (2)(b); ordisperses and then returns to the location within the next eight hours after receiving the order to disperse under Subsection (2)(b).

(3) Subject to Subsection (3)(b), a violation of Subsection (2) is a class B misdemeanor.In addition to the punishment described in Subsection (3)(a), a subsequent violation of Subsection (2) is subject to a fine of not less than $100.

(4) A court may sentence an actor under Subsection (3)(b) with a lesser punishment if the court, on the record, finds that mitigating circumstances justify the lesser punishment.

(5) This section does not affect or limit an actor’s constitutional right to engage in collective advocacy activities that are protected by the constitution or laws of this state or by the constitution or laws of the United States.

Renumbered and Amended by Chapter 173, 2025 General Session

Cigarettes, Tobacco, and Psychotoxic Chemical Solvents

76-9-1101 - Definitions.

As used in this part:

(1) “Alternative nicotine product” means a product, other than a cigarette, a counterfeit cigarette, an electronic cigarette product, a nontherapeutic nicotine product, or a tobacco product, that:contains nicotine;is intended for human consumption;is not purchased with a prescription from a licensed physician; andis not approved by the United States Food and Drug Administration as nicotine replacement therapy.”Alternative nicotine product” includes:pure nicotine;snortable nicotine;dissolvable salts, orbs, pellets, sticks, or strips; andnicotine-laced food and beverage.”Alternative nicotine product” does not include a fruit, a vegetable, or a tea that contains naturally occurring nicotine.

(2) “Cigar” means a product that contains nicotine, is intended to be burned under ordinary conditions of use, and consists of any roll of tobacco wrapped in leaf tobacco, or in any substance containing tobacco, other than any roll of tobacco that is a cigarette.

(3) “Cigarette” means a product that contains nicotine, is intended to be heated or burned under ordinary conditions of use, and consists of:any roll of tobacco wrapped in paper or in any substance not containing tobacco; orany roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in Subsection (3)(a).

(4) “Electronic cigarette” means:an electronic oral device:that provides an aerosol or a vapor of nicotine or other substance; andthat simulates smoking through the use or inhalation of the device;a component of the device described in Subsection (4)(a)(i); oran accessory sold in the same package as the device described in Subsection (4)(a)(i).”Electronic cigarette” includes an oral device that is:composed of a heating element, battery, or electronic circuit; andmarketed, manufactured, distributed, or sold as:an e-cigarette;an e-cigar;an e-pipe; orany other product name or descriptor, if the function of the product meets the definition of Subsection (4)(a).”Electronic cigarette” does not mean a medical cannabis device, as that term is defined in Section 26B-4-201.

(5) “Electronic cigarette product” means an electronic cigarette, an electronic cigarette substance, or a prefilled electronic cigarette.

(6) “Electronic cigarette substance” means any substance, including liquid containing nicotine, used or intended for use in an electronic cigarette.

(7) “Flavored electronic cigarette product” means an electronic cigarette product that has a taste or smell that is distinguishable by an ordinary consumer either before or during use or consumption of the electronic cigarette product.”Flavored electronic cigarette product” includes an electronic cigarette product that is labeled as, or has a taste or smell of any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, spice, or mint.”Flavored electronic cigarette product” does not include an electronic cigarette product that has a taste or smell of only tobacco or menthol.

(8) “Nicotine” means a poisonous, nitrogen containing chemical that is made synthetically or derived from tobacco or other plants.

(9) “Nicotine product” means an alternative nicotine product or a nontherapeutic nicotine product.

(10) “Nontherapeutic nicotine device” means a device that:has a pressurized canister that is used to administer nicotine to the user through inhalation or intranasally;is not purchased with a prescription from a licensed physician; andis not approved by the United States Food and Drug Administration as nicotine replacement therapy.”Nontherapeutic nicotine device” includes a nontherapeutic nicotine inhaler or a nontherapeutic nicotine nasal spray.

(11) “Nontherapeutic nicotine device substance” means a substance that:contains nicotine;is sold in a cartridge for use in a nontherapeutic nicotine device;is not purchased with a prescription from a licensed physician; andis not approved by the United States Food and Drug Administration as nicotine replacement therapy.

(12) “Nontherapeutic nicotine product” means a nontherapeutic nicotine device, a nontherapeutic nicotine device substance, or a prefilled nontherapeutic nicotine device.

(13) “Place of business” includes:a shop;a store;a factory;a public garage;an office;a theater;a recreation hall;a dance hall;a poolroom;a cafe;a cafeteria;a cabaret;a restaurant;a hotel;a lodging house;a streetcar;a bus;an interurban or railway passenger coach;a waiting room; andany other place of business.

(14) “Prefilled electronic cigarette” means an electronic cigarette that is sold prefilled with an electronic cigarette substance.

(15) “Prefilled nontherapeutic nicotine device” means a nontherapeutic nicotine device that is sold prefilled with a nontherapeutic nicotine device substance.

(16) “Premarket authorized or pending electronic cigarette product” means an electronic cigarette product that:has been approved by an order granting a premarket tobacco product application of the electronic cigarette product by the United States Food and Drug Administration under 21 U.S.C. Sec. 387j(c)(1)(A)(i); orwas marketed in the United States on or before August 8, 2016;the manufacturer submitted a premarket tobacco product application for the electronic cigarette product to the United States Food and Drug Administration under 21 U.S.C. Sec. 387j on or before September 9, 2020; andhas an application described in Subsection (16)(a)(ii) that either remains under review by the United States Food and Drug Administration or a final decision on the application has not taken effect; anddoes not exceed:4.0% nicotine by weight per container; ora nicotine concentration of 40 milligrams per milliliter.

(17) “Retail tobacco specialty business” means the same as that term is defined in Section 26B-7-501.

(18) “Smoking” means the possession of any lighted cigar, cigarette, pipe, or other lighted smoking equipment.

(19) “Tobacco paraphernalia” means equipment, product, or material of any kind that is used, intended for use, or designed for use to package, repackage, store, contain, conceal, ingest, inhale, or otherwise introduce a tobacco product, an electronic cigarette substance, or a nontherapeutic nicotine device substance into the human body.”Tobacco paraphernalia” includes:metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;water pipes;carburetion tubes and devices;smoking and carburetion masks;roach clips, meaning objects used to hold burning material, such as a cigarette, that has become too small or too short to be held in the hand;chamber pipes;carburetor pipes;electric pipes;air-driven pipes;chillums;bongs; andice pipes or chillers.”Tobacco paraphernalia” does not include matches or lighters.

(20) “Tobacco product” means:a cigar;a cigarette; ortobacco in any form, including:chewing tobacco; andany substitute for tobacco, including flavoring or additives to tobacco.

(21) “Tobacco retailer” means:a general tobacco retailer, as that term is defined in Section 26B-7-501; ora retail tobacco specialty business.

Renumbered and Amended by Chapter 173, 2025 General Session

76-9-1102 - Cigarette or tobacco advertising violation.

(1) Terms defined in Sections 76-1-101.5 and 76-9-1101 apply to this section.

(2) Except as provided in Subsection (4), an actor commits cigarette or tobacco advertising violation if the actor displays on a billboard, streetcar sign, streetcar, bus, placard, or on any other object or place of display, an advertisement of cigarettes, cigarette papers, cigars, chewing tobacco, or smoking tobacco or any disguise or substitute of cigarettes, cigarette papers, tobacco, or cigars.

(3) A violation of Subsection (2) is a class B misdemeanor.

(4) A dealer of cigarettes, cigarette papers, tobacco, cigars, or a substitute for cigarettes, cigarette papers, tobacco, or cigars may have a sign on the front of the dealer’s place of business stating that the dealer is a dealer of cigarettes, cigarette papers, tobacco, cigars, or a substitute for cigarettes, cigarette papers, tobacco, or cigars.This section does not prohibit the advertisement of an item listed in Subsection (4)(a) in a newspaper, magazine or periodical printed or circulating in this state.

Renumbered and Amended by Chapter 173, 2025 General Session

76-9-1103 - Permitting a minor to use a tobacco product, electronic cigarette product, or nicotine product in a place of business.

(1) Terms defined in Sections 76-1-101.5 and 76-9-1101 apply to this section.

(2) An actor commits permitting a minor to use a tobacco product, electronic cigarette product, or nicotine product in a place of business if the actor:is a proprietor of a place of business; andknowingly permits an individual under 21 years old to frequent the actor’s place of business while the individual is using a tobacco product, an electronic cigarette product, or a nicotine product.

(3) A violation of Subsection (2) is a class C misdemeanor.

Renumbered and Amended by Chapter 173, 2025 General Session

76-9-1104 - Providing a cigar, a cigarette, an electronic cigarette product, a nicotine product, or tobacco to a minor.

(1) As used in this section, “provides”:includes selling, giving, furnishing, sending, or causing to be sent; anddoes not include the acts: of the United States Postal Service or other common carrier when engaged in the business of transporting and delivering packages for others; orof a person, whether compensated or not, who transports or delivers a package for another person without any reason to know of the package’s content.Terms defined in Sections 76-1-101.5 and 76-9-1101 apply to this section.

(2) Except as provided in Subsection (4), an actor commits providing a cigar, cigarette, electronic cigarette product, nicotine product, or tobacco to a minor if the actor knowingly, intentionally, recklessly, or with criminal negligence provides a tobacco product, an electronic cigarette product, or a nicotine product to an individual who is under 21 years old.

(3) A violation of Subsection (2) is:a class C misdemeanor on the first offense;a class B misdemeanor on the second offense; ora class A misdemeanor on the third or subsequent offense.

(4) This section does not apply to conduct of an employee of a tobacco retailer that is a violation of Section 76-9-1116.

Renumbered and Amended by Chapter 173, 2025 General Session

76-9-1105 - Providing tobacco paraphernalia to a minor.

(1) As used in this section, “provides” means the same as that term is defined in Section 76-9-1104.Terms defined in Sections 76-1-101.5 and 76-9-1101 apply to this section.

(2) An actor commits providing tobacco paraphernalia to a minor if the actor knowingly, intentionally, recklessly, or with criminal negligence provide tobacco paraphernalia to an individual under 21 years old.

(3) A violation of Subsection (2) is:a class C misdemeanor on the first offense; ora class B misdemeanor on a subsequent offense.

Renumbered and Amended by Chapter 173, 2025 General Session

76-9-1106 - Buying or possessing a tobacco product or an electronic cigarette product by a minor.

(1) Terms defined in Sections 76-1-101.5 and 76-9-1101 apply to this section.

(2) An actor commits buying or possessing a tobacco product or an electronic cigarette product by a minor if the actor: is younger than 21 years old; andbuys or attempts to buy, accepts, or has in the actor’s possession a tobacco product, an electronic cigarette product, or a nicotine product.

(3) If the actor is 18 years old or older but younger than 21 years old, a violation of Subsection (2) is:an infraction; andsubject to:a minimum fine or penalty of $60; andparticipation in a court-approved tobacco education or cessation program, which may include a participation fee.If the actor is under 18 years old, a violation of Subsection (2) is a citation under Section 80-6-302, unless the violation is committed on school property under Section 53G-8-211.If a violation under this section is adjudicated under Section 80-6-701, the minor may be subject to the following:a fine or penalty, in accordance with Section 80-6-709; andparticipation in a court-approved tobacco education program, which may include a participation fee.

(4) A compliance officer appointed by a board of education under Section 53G-4-402 may not issue a citation for a violation of this section committed on school property.A cited violation committed on school property shall be addressed in accordance with Section 53G-8-211.

Renumbered and Amended by Chapter 173, 2025 General Session

76-9-1107 - Illegal indirect sale of a tobacco product, an electronic cigarette product, or a nicotine product.

(1) As used in this section:“Face-to-face exchange” means a transaction made in person between an individual and a retailer or retailer’s employee.”Face-to-face exchange” does not include a sale through a vending machine or a self-service display.”Retailer” means a person who:sells a tobacco product, an electronic cigarette product, or a nicotine product to an individual for personal consumption; oroperates a facility with a vending machine that sells a tobacco product, an electronic cigarette product, or a nicotine product.”Self-service display” means a display of a tobacco product, an electronic cigarette product, or a nicotine product to which the public has access without the intervention of a retailer or retailer’s employee.Terms defined in Sections 76-1-101.5 and 76-9-1101 apply to this section.

(2) Except as provided in Subsection (4), an actor commits illegal indirect sale of a tobacco product, an electronic cigarette product, or a nicotine product if the actor:is a retailer; andsells a tobacco product, an electronic cigarette product, or a nicotine product in a manner that does not include a face-to-face exchange.

(3) A violation of Subsection (2) is:a class C misdemeanor on the first offense;a class B misdemeanor on the second offense; ora class A misdemeanor on the third or subsequent offense.

(4) The face-to-face sale requirement in Subsection (2) does not apply to:a mail-order, telephone, or Internet sale made in compliance with Section 59-14-509;a sale from a vending machine or self-service display that is located in an area of a retailer’s facility:that is distinct and separate from the rest of the facility; andwhere the retailer only allows an individual who is under 21 years old to be present if the individual:is accompanied by the actor’s parent or legal guardian; oris present solely for the purpose of providing a service to the business, including making a delivery;is monitored by the proprietor business or an employee of the business; andis not permitted to make any purchase or conduct any commercial transaction other than the service described in Subsection (4)(b)(ii)(B)(II); ora sale at a retail tobacco specialty business.

(5) An individual’s parent or legal guardian who accompanies an individual into an area described in Subsection (4)(b)(ii)(A) may not allow the individual to purchase a tobacco product, an electronic cigarette product, or a nicotine product.A violation of Subsection 76-Ch76_10|(5)] is an offense under Section 76-9-1104.

Renumbered and Amended by Chapter 173, 2025 General Session

76-9-1108 - Illegal presence of a minor inside a tobacco specialty business.

(1) As used in this section, “self-service display” means the same as that term is defined in Section 76-9-1107.Terms defined in Sections 76-1-101.5 and 76-9-1101 apply to this section.

(2) Except as provided in Subsection (4), an actor commits illegal presence of a minor inside a tobacco specialty business if the actor:is under 21 years old; andenters or is present inside a retail tobacco specialty business.

(3) A violation of Subsection (2) is:a class C misdemeanor on the first offense;a class B misdemeanor on the second offense; ora class A misdemeanor on the third or subsequent offense.

(4) An actor under 21 years old may enter or be present inside a tobacco specialty business if the actor is:accompanied by the actor’s parent or legal guardian; orpresent at the retail tobacco specialty business solely for the purpose of providing a service to the tobacco retail specialty business, including making a delivery;monitored by the proprietor of the retail tobacco specialty business or an employee of the retail tobacco specialty business; andnot permitted to make any purchase or conduct any commercial transaction other than the service described in Subsection (4)(b)(i).

(5) An individual’s parent or legal guardian who accompanies an individual under Subsection 76-Ch76_9|(4)] inside a tobacco specialty business may not allow the individual to purchase a tobacco product, an electronic cigarette product, or a nicotine product.A violation of Subsection (5)(a) is an offense under Section 76-9-1104.

Enacted by Chapter 173, 2025 General Session

76-9-1109 - Illegal sale or gift of clove cigarette.

(1) As used in this section, “clove cigarette” means a cigarette that contains more than 10%, by weight, of raw eugenia caryophyllata or caryophyllus, commonly known as clove.Terms defined in Sections 76-1-101.5 and 76-9-1101 apply to this section.

(2) An actor commits illegal sale or gift of clove cigarette if the actor knowingly sells, offers for sale, gives, or furnishes a clove cigarette in this state.

(3) A violation of Subsection (2) is a class B misdemeanor.

Renumbered and Amended by Chapter 173, 2025 General Session

76-9-1110 - Abuse of psychotoxic chemical solvent.

(1) As used in this section, “psychotoxic chemical solvent” includes any glue, cement, or other substance containing one or more of the following chemical compounds:acetone and acetate;amyl nitrite or amyl nitrate or their isomers;benzene, butyl alcohol, butyl nitrite, butyl nitrate, or their isomers;ethyl alcohol, ethyl nitrite, or ethyl nitrate;ethylene dichloride;isobutyl alcohol;methyl alcohol;methyl ethyl ketone;n-propyl alcohol;pentachlorophenol;petroleum ether;propyl nitrite or propyl nitrate or their isomers;toluene;xylene; oranother chemical substance capable of causing a condition of intoxication, inebriation, excitement, stupefaction, or the dulling of the brain or nervous system as a result of the inhalation of the fumes or vapors of such chemical substance.Terms defined in Sections 76-1-101.5 and 76-9-1101 apply to this section.

(2) Except as provided in Subsection (4), an actor commits abuse of psychotoxic chemical solvent if:for the purpose of causing a condition of intoxication, inebriation, excitement, stupefaction, or the dulling of the actor’s brain or nervous system, the actor intentionally:smells or inhales the fumes of a psychotoxic chemical solvent; orpossesses, purchases, or attempts to possess or purchase a psychotoxic chemical solvent; orthe actor offers, sells, or provides a psychotoxic chemical solvent to another person, knowing that other person or a third party intends to possess or use that psychotoxic chemical solvent in violation of Subsection (2)(a).

(3) A violation of Subsection (2) is a class B misdemeanor.

(4) This section does not apply to:the prescribed use, distribution, or sale of a psychotoxic chemical solvent for a medical or dental purpose; ora controlled substance regulated by the provisions of Title 58, Chapter 37, Utah Controlled Substances Act.

Renumbered and Amended by Chapter 173, 2025 General Session

76-9-1111 - Abuse of nitrous oxide.

(1) As used in this section, “nitrous oxide” means:N2O, a colorless gas or liquid that is also referred to as dinitrogen monoxide, nitrogen oxide, or laughing gas; orany substance containing nitrous oxide.Terms defined in Sections 76-1-101.5 and 76-9-1101 apply to this section.

(2) Except as provided in Subsection (4), an actor commits abuse of nitrous oxide if the actor:possesses nitrous oxide with the intent to breathe, inhale, or ingest the nitrous oxide for the purpose of:causing a condition of intoxication, elation, euphoria, dizziness, stupefaction, or dulling of the senses; orin any manner changing, distorting, or disturbing the audio, visual, or mental processes;knowingly or intentionally is under the influence of nitrous oxide; oroffers, sells, or provides nitrous oxide to another person, knowing that other person or a third party intends to possess or use the nitrous oxide in violation of Subsection (2)(a) or (b).

(3) A violation of Subsection (2) is a class A misdemeanor.

(4) Subsection (2)(b) does not apply to any person who is under the influence of nitrous oxide pursuant to an administration for the purpose of medical, surgical, or dental care by a person holding a license under state law that authorizes the administration of nitrous oxide.Subsection (2)(c) does not apply to any person who:administers nitrous oxide for the purpose of medical, surgical, or dental care; andholds a license under state law that authorizes the administration of nitrous oxide.

Renumbered and Amended by Chapter 173, 2025 General Session

76-9-1112 - Illegal provision of smokeless tobacco or electronic cigarette product — Exceptions.

(1) Terms defined in Sections 76-1-101.5 and 76-9-1101 apply to this section.

(2) Except as provided in Subsection (4), an actor commits illegal provision of smokeless tobacco or electronic cigarette product if the actor:is a manufacturer, wholesaler, and retailer ; andgives or distributes without charge smokeless tobacco, chewing tobacco, or an electronic cigarette product in this state;sells, offers for sale, or furnishes an electronic cigarette product at less than the cost, including the amount of any applicable tax, of the product to the manufacturer, wholesaler, or retailer; orgives, distributes, sells, offers for sale, or furnishes an electronic cigarette product for free or at a lower price because the recipient of the electronic cigarette product makes another purchase.

(3) A violation of Subsection (2) is:a class C misdemeanor on the first offense; ora class B misdemeanor on a subsequent offense.

(4) The price that a manufacturer, wholesaler, or retailer may charge under Subsection (2)(b)(ii) does not include a discount for:a physical manufacturer coupon:that is surrendered to the wholesaler or retailer at the time of sale; andfor which the manufacturer will reimburse the wholesaler or the retailer for the full amount of the discount described in the manufacturer coupon and provided to the purchaser;a rebate that will be paid to the manufacturer, the wholesaler, or the retailer for the full amount of the rebate provided to the purchaser; ora promotional fund that will be paid to the manufacturer, the wholesaler, or the retailer for the full amount of the promotional fund provided to the purchaser.Smokeless tobacco, chewing tobacco, or an electronic cigarette product may be distributed to adults without charge at professional conventions where the general public is excluded.

(5) The Legislature finds that:smokeless tobacco, or chewing tobacco, is harmful to the health of individuals who use those products because research indicates that they may cause mouth or oral cancers;the use of smokeless tobacco among juveniles in this state is increasing rapidly;the use of electronic cigarette products may lead to unhealthy behavior such as the use of tobacco products; andit is necessary to restrict the gift of the products described in this section in the interest of the health of the citizens of this state.

Renumbered and Amended by Chapter 173, 2025 General Session

76-9-1113 - Illegal distribution of a tobacco product — Exceptions.

(1) Terms defined in Sections 76-1-101.5 and 76-9-1101 apply to this section.

(2) Except as provided in Subsection (4), an actor commits illegal distribution of a tobacco product if the actor:is a manufacturer, wholesaler, or retailer; andgives or distributes a tobacco product in this state without charge.

(3) A violation of Subsection (2) is:a class C misdemeanor on the first offense; ora class B misdemeanor on a subsequent offense.

(4) A tobacco product may be distributed to an adult without charge at a professional convention where the general public is excluded.The prohibition described in Subsection (2) does not apply to a tobacco retailer, a manufacturer, or a distributor that gives a tobacco product to an individual who is 21 years old or older upon the individual’s purchase of a tobacco product.

Renumbered and Amended by Chapter 173, 2025 General Session

76-9-1114 - Illegal distribution of a flavored electronic cigarette product.

(1) Terms defined in Sections 76-1-101.5 and 76-9-1101 apply to this section.

(2) An actor commits illegal distribution of a flavored electronic cigarette product if the actor gives, distributes, sells, offers for sale, or furnishes to any person a flavored electronic cigarette product.

(3) A violation of Subsection (2) is:a class C misdemeanor on the first offense; ora class B misdemeanor on a subsequent offense.

Renumbered and Amended by Chapter 173, 2025 General Session

76-9-1115 - Illegal distribution of an electronic cigarette product without federal authorization.

(1) Terms defined in Sections 76-1-101.5 and 76-9-1101 apply to this section.

(2) An actor commits illegal distribution of an electronic cigarette product without federal authorization if the actor gives, distributes, sells, offers for sale, or furnishes to any person an electronic cigarette product that is not a premarket authorized or pending electronic cigarette product.

(3) A violation of Subsection (2) is:a class C misdemeanor on the first offense; ora class B misdemeanor on a subsequent offense.

Enacted by Chapter 173, 2025 General Session

76-9-1116 - Unlawful sale of a tobacco product, electronic cigarette product, or nicotine product.

(1) As used in this section:“Compensatory service” means service or unpaid work performed by an employee, in lieu of the payment of a fine or imprisonment.”Employee” means an employee or an owner of a tobacco retailer.Terms defined in Sections 76-1-101.5 and 76-9-1101 apply to this section.

(2) An actor commits unlawful sale of a tobacco product, electronic cigarette product, or nicotine product if the actor:is an employee; andintentionally or knowingly sells or gives a tobacco product, an electronic cigarette product, or a nicotine product in the course of business to an individual younger than 21 years old.

(3) A violation of Subsection (2) is:on a first violation:an infraction; andsubject to:a fine not exceeding $1, 000; orco m p e n s a t oryser v i ce; oro na s u b se q u e n t v i o l a t i o n : a c l a ss C mi s d e m e an or; an d s u bj ec tt o : a f in e n o t e x cee d in g$ 2,000; orcompensatory service.

Renumbered and Amended by Chapter 173, 2025 General Session

76-9-1117 - Unlawful transfer of proof of age.

(1) As used in this section:“Proof of age” means:a valid identification card issued under Title 53, Chapter 3, Part 8, Identification Card Act;a valid identification that:is substantially similar to an identification card issued under Title 53, Chapter 3, Part 8, Identification Card Act;is issued in accordance with the laws of a state other than Utah in which the identification is issued;includes date of birth; andhas a picture affixed;a valid driver license certificate that is issued under Title 53, Chapter 3, Uniform Driver License Act, or in accordance with the laws of the state in which the valid driver license is issued;a valid United States military identification card that:includes date of birth; andhas a picture affixed; ora valid passport.”Proof of age” does not include a driving privilege card issued in accordance with Section 53-3-207.Terms defined in Sections 76-1-101.5 and 76-9-1101 apply to this section.

(2) Except as provided in Subsection (4), an actor commits unlawful transfer of proof of age if the actor intentionally or knowingly transfers the actor’s proof of age to another individual to aid that individual in:purchasing a tobacco product, an electronic cigarette product, or a nicotine product; orgaining admittance to any part of the premises of a retail tobacco specialty business.

(3) A violation of Subsection (2) is a class B misdemeanor.

(4) Subsection (2) does not apply to an individual who uses a false identification in accordance with Subsection 77-39-101(4) at the request of a peace officer.

Renumbered and Amended by Chapter 173, 2025 General Session

76-9-1118 - Unlawful use of proof of age containing false information.

(1) As used in this section, “proof of age” means the same as that term is defined in Section 76-9-1117.Terms defined in Sections 76-1-101.5 and 76-9-1101 apply to this section.

(2) An actor commits unlawful use of proof of age containing false information if the actor intentionally or knowingly uses proof of age containing false information with the intent to:purchase a tobacco product, an electronic cigarette product, or a nicotine product; orgain admittance to any part of the premises of a retail tobacco specialty business.

(3) A violation of Subsection (2) is a class A misdemeanor.

(4) Subsection (2) does not apply to an individual who uses a false identification in accordance with Subsection 77-39-101(4) at the request of a peace officer.

Enacted by Chapter 173, 2025 General Session

76-9-1119 - Ordinances, rules, and regulations.

(1) Except as provided in Subsection (2) or (3), an ordinance, rule, or regulation adopted by a governing body of a political subdivision of the state or a state agency is superseded if:the ordinance, rule, or regulation affects:the minimum age of sale for a tobacco product, an electronic cigarette product, or tobacco paraphernalia;the provision or sale of a tobacco product, an electronic cigarette product, or tobacco paraphernalia;the flavoring of a tobacco product or an electronic cigarette product;the purchase or possession of a tobacco product, an electronic cigarette product, or tobacco paraphernalia; orthe placement or display of a tobacco product or an electronic cigarette product; andthe ordinance, rule, or regulation is not essentially identical to a state statute relating to the applicable subject described in Subsection (1)(a).

(2) A governing body of a political subdivision of the state or a state agency may adopt an ordinance, rule, or regulation on a subject described in Subsections (1)(a)(i) through (v) if the governing body of a political subdivision of the state or a state agency is authorized by statute to adopt the ordinance, rule, or regulation.

(3) Subsection (1) does not apply to the adoption or enforcement of a land use ordinance by a municipal or county government.

Renumbered and Amended by Chapter 173, 2025 General Session

Offenses Concerning Water, Shafts, and Wells

76-9-1201 - Definitions.

Enacted by Chapter 173, 2025 General Session

76-9-1202 - Unlawful interference with water flow.

(1) Terms defined in Sections 76-1-101.5 and 76-9-1201 apply to this section.

(2) An actor commits unlawful interference with water flow if the actor intentionally or knowingly interferes with or alters the flow of water in any stream, ditch, or lateral while under the control or management of any water commissioner.

(3) A violation of Subsection (2) is subject to the penalty provisions in Section 73-2-27.

Renumbered and Amended by Chapter 173, 2025 General Session

76-9-1203 - Unlawful taking of water or damaging a water facility.

(1) Terms defined in Sections 76-1-101.5 and 76-9-1201 apply to this section.

(2) An actor commits unlawful taking of water or damaging a water facility if the actor, in violation of a right of another person, intentionally or knowingly:turns on or uses the water, or a part thereof, of a canal, ditch, pipeline, or reservoir, except at a time when the use of the water has been duly distributed to the actor;uses a greater quantity of the water than has been duly distributed to the actor;in any way changes the flow of water when lawfully distributed for irrigation or other useful purposes, except when duly authorized to make the change; orbreaks or injures a dam, canal, pipeline, watergate, ditch, or other means of diverting or conveying water for irrigation or other useful purposes.

(3) A violation of Subsection (2) is subject to the penalty provisions in Section 73-2-27.

(4) Subsection (2) applies to violations of a right to the use of water, including:a water right; orauthorization of a person’s use of water by:a water company, as defined in Subsection 73-3-3.5(1)(b); oran entity having a valid water right under Utah law.

Renumbered and Amended by Chapter 173, 2025 General Session

76-9-1204 - Unlawful obstruction of watergates.

(1) Terms defined in Sections 76-1-101.5 and 76-9-1201 apply to this section.

(2) An actor commits unlawful obstruction of watergates if the actor: rafts or floats logs, timber, or wood down any river or stream; andallows the logs, timber, or wood described in Subsection (2)(a) to accumulate at or obstruct the watergates owned by a person or irrigation company taking or diverting the water of the river or stream for irrigation or manufacturing purposes.

(3) A violation of Subsection (2) is subject to the penalty provisions in Section 73-2-27.

Renumbered and Amended by Chapter 173, 2025 General Session

(1) Terms defined in Sections 76-1-101.5 and 76-9-1201 apply to this section.

(2) Except as provided in Subsection (4), an actor commits unlawful damage to a bridge, dam, canal, or other water-related structure if the actor intentionally, knowingly, or recklessly:cuts, breaks, damages, or destroys a bridge, dam, canal, flume, aqueduct, levee, embankment, reservoir, or other structure erected: to create hydraulic power;to drain or reclaim a swamp, overflowed land, or marsh land; orto conduct water for mining, manufacturing, reclamation, or agricultural purposes, or for the supply of the inhabitants of any city or town;makes or causes to be made an aperture in a dam, canal, flume, aqueduct, reservoir, embankment, levee, or similar structure with intent to injure or destroy the dam, canal, flume, aqueduct, reservoir, embankment, levee, or similar structure; ordraws up, cuts, or injures a pile fixed in the ground and used for securing a lake or river bank or wall or a dock, quay, jetty, or lock.

(3) A violation of Subsection (2) is a third degree felony.

(4) Subsection (2) applies to conduct that does not amount to a violation of Subsection 76-6-106(2)(a)(ii) or Section 76-6-106.3.

Renumbered and Amended by Chapter 173, 2025 General Session

76-9-1206 - Unlawful failure to fence a shaft or well.

(1) Terms defined in Sections 76-1-101.5 and 76-9-1201 apply to this section.

(2) An actor commits unlawful failure to fence a shaft or well if the actor: has sunk or sinks a shaft or well on the public domain for any purpose; andfails to enclose the shaft or well with a substantial curb or fence that is at least 4.5 feet high.

(3) A violation of Subsection (2) is a class B misdemeanor.

Renumbered and Amended by Chapter 173, 2025 General Session

Criminal Nuisance

76-9-1301 - Definitions.

(1) “Controlled substance” means the same as that term is defined in Section 58-37-2.

(2) “Nuisance” means an item, thing, manner, or condition that:is dangerous to human life or health; orrenders soil, air, water, or food impure or unwholesome.

(3) “Public nuisance” means unlawfully committing an act or omitting to perform a duty, which act or duty:annoys, injures, or endangers the comfort, repose, health, or safety of three or more persons, regardless of the extent to which the annoyance, injury, or endangerment inflicted on the persons is unequal;offends public decency;unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous for passage, a lake, stream, canal, or basin, or a public park, square, street, or highway;is a nuisance as described in Section 78B-6-1107, Nuisance — Drug houses and drug dealing — Gambling — Group criminal activity — Party house — Prostitution — Weapons — Abatement by eviction; orrenders three or more persons insecure in life or the use of property, regardless of the extent to which the effect inflicted on the persons is unequal.”Public nuisance” is presumed to not include:activities conducted in the normal and ordinary course of agricultural operations, as defined in Section 4-44-102, and conducted in accordance with sound agricultural practices, with the presumption that agricultural operations undertaken in conformity with federal, state, and local laws and regulations, including zoning ordinances, are operating within sound agricultural practices; oractivities conducted in the normal and ordinary course of critical infrastructure materials operations, as defined in Section 78B-6-1101, and conducted in accordance with sound critical infrastructure materials practices, with the presumption that critical infrastructure materials operations undertaken in conformity with federal, state, and local laws and regulations, including zoning ordinances, are operating within sound critical infrastructure materials operations.

(4) “Supervised drug consumption site” means a facility or premises operated or intended to provide an environment for the unlawful use of a controlled substance.”Supervised drug consumption site” does not include a facility or premises that provides or facilitates:an opioid treatment program, as that term is defined in Section 58-17b-309.7; orthe use of medication pursuant to a medication assisted treatment plan, as that term is defined in Section 64-13-25.1.

Renumbered and Amended by Chapter 173, 2025 General Session

76-9-1302 - Creating, supporting, or retaining a nuisance.

(1) Terms defined in Sections 76-1-101.1 and 76-9-1301 apply to this section.

(2) An actor commits creating, supporting, or retaining a nuisance if the actor:is an owner, agent, or occupant; andcreates, aids in creating, or contributes to a nuisance; orsupports, continues, or retains a nuisance.

(3) A violation of Subsection (2) is a class B misdemeanor.

Enacted by Chapter 173, 2025 General Session

76-9-1303 - Befouling waters.

(1) Terms defined in Sections 76-1-101.1 and 76-9-1301 apply to this section.

(2) An actor commits the offense of befouling waters if the actor:constructs or maintains a corral, sheep pen, goat pen, stable, pigpen, chicken coop, or other offensive yard or outhouse from which the waste or drainage will flow directly into the waters of any stream, well, or spring of water used for domestic purposes;deposits, piles, unloads, or leaves a manure heap, offensive rubbish, or the carcass of a dead animal from which the waste or drainage will flow directly into the waters of any stream, well, or spring of water used for domestic purposes;dips or washes sheep in a stream, or constructs, maintains, or uses a pool or dipping vat for dipping or washing sheep in such close proximity to a stream used for domestic purposes by the inhabitants of any city or town so as to make the waters of the stream impure or unwholesome;constructs or maintains a corral, yard, or vat to be used for the purpose of shearing or dipping sheep within 12 miles of any city or town, from which the refuse or filth from the corral or yard would naturally find its way into any stream of water used for domestic purposes by the inhabitants of any city or town; orestablishes and maintains a corral, camp, or bedding place for the purpose of herding, holding, or keeping cattle, horses, sheep, goats, or hogs within seven miles of any city or town, from which the refuse or filth from the corral, camp, or bedding place will naturally find its way into any stream of water used for domestic purposes by the inhabitants of any city or town.

(3) A violation of Subsection (2) is a class B misdemeanor.

Renumbered and Amended by Chapter 173, 2025 General Session

76-9-1304 - Unlawful disposal of carcass or offal.

(1) Terms defined in Sections 76-1-101.1 and 76-9-1301 apply to this section.

(2) An actor commits unlawful disposal of carcass or offal if the actor:puts the carcass of a dead animal, or the offal from a slaughter pen, corral, or butcher shop, into a river, creek, pond, street, alley, or public highway, or road in common use; orattempts to destroy by fire the carcass of a dead animal, or the offal from a slaughter pen, corral, or butcher shop, within one-fourth of a mile of a city or town.

(3) A violation of Subsection (2) is a class B misdemeanor.

Renumbered and Amended by Chapter 173, 2025 General Session

76-9-1305 - Maintaining, committing, or failing to remove a public nuisance.

(1) Terms defined in Sections 76-1-101.1 and 76-9-1301 apply to this section.

(2) An actor commits maintaining, committing, or failing to remove a public nuisance if the actor: maintains or commits a public nuisance, the punishment for which is not otherwise prescribed; orwillfully omits to perform a legal duty relating to the removal of a public nuisance.

(3) A violation of Subsection (2) is a class B misdemeanor.

Renumbered and Amended by Chapter 173, 2025 General Session

76-9-1306 - Action for abatement of public nuisance.

(1) As used in this section:“Distribute” means the same as that term is defined in Section 76-5c-101.”Exhibit” means the same as that term is defined in Section 76-5c-101.”Material” means the same as that term is defined in Section 76-5c-101.Terms defined in Sections 76-1-101.1 and 76-9-1301 apply to this section.

(2) The county attorney of the county in which the public nuisance exists, upon direction of the county executive, or city attorney of the city in which the public nuisance exists, upon direction of the board of city commissioners, or attorney general, upon direction of the governor, or any of the above attorneys without the necessity of direction, is empowered to institute an action in the name of the county, city, or state, as the case may be, to abate a public nuisance.

(3) The action shall be brought in the court of the district in which the public nuisance exists and shall be in the form prescribed by the Rules of Civil Procedure of the State of Utah for injunctions, but none of the above attorneys shall be required to execute a bond with respect to the action.

(4) If the action is instituted, however, to abate the distribution or exhibition of material alleged to offend public decency, the action shall be in the form prescribed by the Rules of Civil Procedure of Utah for injunctions, but no restraining order or injunction shall issue except upon notice to the person sought to be enjoined; and that person shall be entitled to a trial of the issues commencing within three days after filing of an answer to the complaint and a decision shall be rendered by the court within two days after the conclusion of the trial.

Renumbered and Amended by Chapter 173, 2025 General Session

76-9-1307 - Relief granted for a public nuisance that offends public decency.

If the existence of a public nuisance that offends public decency is admitted or established, either in a civil or criminal proceeding, a judgment shall be entered that shall:

(1) permanently enjoin each defendant and any other person from further maintaining the public nuisance at the place complained of and each defendant from maintaining such public nuisance elsewhere;

(2) direct the person enjoined to surrender to the sheriff of the county in which the action was brought any material in the defendant’s possession that is subject to the injunction, and the sheriff shall seize and destroy this material; and

(3) without proof of special injury, direct that an accounting be had and all money and other consideration paid as admission to view any motion picture film determined to constitute a public nuisance, or paid for any publication determined to constitute a public nuisance, in either case without deduction for expenses, be forfeited and paid into the general fund of the county in which the public nuisance was maintained.

Renumbered and Amended by Chapter 173, 2025 General Session

76-9-1308 - Criminal violation of an order enjoining a public nuisance.

(1) Terms defined in Sections 76-1-101.1 and 76-9-1301 apply to this section.

(2) An actor commits criminal violation of an order enjoining a public nuisance if the actor knowingly violates a judgment or order abating or otherwise enjoining a public nuisance.

(3) A violation of Subsection (2) is a class B misdemeanor.

Renumbered and Amended by Chapter 173, 2025 General Session

76-9-1309 - Maintenance of a drug-involved premises.

(1) Terms defined in Sections 76-1-101.5 and 76-9-1301 apply to this section.

(2) An actor commits maintenance of a drug-involved premises if the actor knowingly:opens, leases, rents, uses, or maintains any facility or premises, whether permanently or temporarily, for the purpose of the unlawful manufacturing, distributing, or using any controlled substance;manages or controls any facility or premises, whether permanently or temporarily, as an owner, tenant, lessee, agent, employee, occupant, or mortgagee; andintentionally rents, leases, profits from, or makes available for use, with or without compensation, the facility or premises for the purpose of unlawfully manufacturing, storing, distributing, or using a controlled substance;operates a supervised drug consumption site; oras an owner, tenant, lessee, agent, employee, occupant, or mortgagee, intentionally opens, rents, leases, profits from, maintains, or makes available for use, with or without compensation, any premises for the purpose of operating a supervised drug consumption site.

(3) A violation of Subsection (2) is a second degree felony.

Enacted by Chapter 141, 2025 General Session

Gambling

76-9-1401 - Definitions.

As used in this part:

(1) “Amusement device” means a game that:is activated by a coin, token, or other object of consideration or value; anddoes not provide the opportunity to:enter into a sweepstakes, lottery, or other gambling event; orreceive any form of consideration or value, except an appropriate reward.”Amusement device” includes:a video game;a driving simulator;an electronic game;a claw machine;a bowling game;a shuffleboard game;a skee-ball game;a pool table;a pinball machine;a target machine; anda baseball machine.

(2) “Amusement facility” means a facility that:is operated primarily for the purpose of providing amusement or entertainment to customers;is located on property that is open to customers for the purpose of providing customers with an opportunity to use an amusement device;receives a substantial amount of the facility’s revenue from the operation of amusement devices; anddoes not provide an opportunity for, or a machine or device that enables, gambling or fringe gambling.

(3) “Appropriate reward” means a reward that:an individual receives as a result of the individual’s participation in or use of an amusement device; andprovides:full and adequate return for money, a token, or other consideration or value invested into the amusement device;an immediate and unrecorded ability to replay a game featured on an amusement device that is not exchangeable for value;a toy, novelty, or other non-monetary prize with a value of less than $100 as a reward for playing; ortickets or credits that are redeemable for a toy, novelty, or non-monetary prize at an amusement facility, or at any franchise or chain of the amusement facility, where the amusement device is located.”Appropriate reward” does not include money, a gift certificate, a gift card, credit to be used in a retail store, or other form of monetary compensation or reward.

(4) “Consumer” means the same as that term is defined in Section 76-5c-401.

(5) “Enter or entry” means an act or process by which an individual becomes eligible to receive a prize offered for participation in any form of sweepstakes, game, or contest.

(6) “Fringe gambling” means any de facto form of gambling, lottery, fringe gaming device, or video gaming device that is given, conducted, or offered for use or sale by a business in exchange for anything of value or incident to the purchase of another good or service.”Fringe gambling” does not include:a promotional activity that is clearly ancillary to the primary activity of a business; oruse of an amusement device or vending machine.

(7) “Fringe gaming device” means a mechanically, electrically, or electronically operated machine or device that:is not an amusement device or a vending machine;is capable of displaying or otherwise presenting information on a screen or through any other mechanism; andprovides the user with a card, token, credit, gift certificate, product, or opportunity to participate in a contest, game, gaming scheme, or sweepstakes with a potential return of money or other prize.”Fringe gaming device” includes a machine or device similar to a machine or device described in Subsection (7)(a) that seeks to avoid application or circumvent this part or Utah Constitution, Article VI, Section 27.

(8) “Gambling” means risking anything of value for a return or risking anything of value upon the outcome of a contest, game, gaming scheme, or gaming device when the return or outcome:is based on an element of chance, regardless of:the existence of a preview or pre-reveal feature in the device, contest, or game; orwhether the preview or pre-reveal feature described in Subsection (8)(a)(i)(A) allows users to see individual or successive outcomes; andis in accord with an agreement or understanding that someone will receive anything of value in the event of a certain outcome.”Gambling” includes a lottery.”Gambling” does not include:a lawful business transaction; oruse of an amusement device.

(9) “Gambling bet” means money, checks, credit, or any other representation of value.

(10) “Gambling device or record” means anything specifically designed for use in gambling or fringe gambling or used primarily for gambling or fringe gambling.

(11) “Gambling proceeds” means anything of value used in gambling or fringe gambling.

(12) “Internet service provider” means a person engaged in the business of providing Internet access service, with the intent of making a profit, to consumers in Utah.

(13) “Lottery” means any scheme for the disposal or distribution of property by chance among persons who have paid or promised to pay any valuable consideration for the chance of obtaining property, or portion of it, or for any share or any interest in property, upon any agreement, understanding, or expectation that it is to be distributed or disposed of by lot or chance, whether called a lottery, raffle, or gift enterprise, or by whatever name it is known.

(14) “Online gambling” means gambling, fringe gambling, or gaming by use of:the Internet; orany mobile electronic device that allows access to data and information.

(15) “Prize” means a gift, award, gratuity, good, service, credit, or anything else of value that may be or is transferred to an individual or placed on an account or other record with the intent to be transferred to an individual.

(16) “Promotional activity that is clearly ancillary to the primary activity of a business” means a promotional activity that:continues for a limited period of time;is related to a good or service ordinarily provided by a business or the marketing or advertisement of a good or service ordinarily provided by the business;does not require an individual to purchase a good or service from the business in consideration for participation or an advantage in the promotional activity or any other contest, game, gaming scheme, sweepstakes, or promotional activity;promotes a good or service described in Subsection (16)(b) on terms that are commercially reasonable; anddoes not, through use of a machine or device:simulate a gambling environment;require the purchase of something of value to participate in the promotional activity that is not regularly used, purchased, or redeemed by users of the machine or device;provide a good or service described in Subsection (16)(b):in a manner in which the person acquiring the good or service is unable to immediately acquire, redeem, or otherwise use the good or service after the time of purchase; orat a value less than the full value of the good or service;appear or operate in a manner similar to a machine or device that is normally found in a casino for the purpose of gambling;provide an entertaining display, designed to appeal to an individual’s senses, that promotes actual or simulated game play that is similar in appearance or function to gambling, including:a video playing card game, including a video poker game;a video bingo game;a video craps game;a video keno game;a video lotto game;an 8-liner machine;a Pot O’ Gold game;a video game involving a random or chance matching of pictures, words, numbers, or symbols; ora video game that reveals a prize as the game is played; orotherwise create a pretextual transaction to facilitate a contest, game, gaming scheme, or sweepstakes in an attempt to circumvent the requirements of this part or Article VI, Section 27, of the Utah Constitution.

(17) “Skill-based game” means a game, played on a machine or device, the outcome of which is based, in whole or in part, on the skill of the player, regardless of whether a degree of chance is involved.

(18) “Sweepstakes” means a game, advertising scheme, marketing scheme, or other promotion:that an individual may enter with or without payment of any consideration;that qualifies the person to win a prize; andthe result of which is based on chance.

(19) “Vending machine” means a device:that dispenses merchandise in exchange for money or any other item of value;that provides full and adequate return of the value deposited;through which the return of value is not conditioned on an element of chance or skill; anddoes not include a promotional activity; orincludes a promotional activity that is clearly ancillary to the primary activity of a business.

(20) “Video gaming device” means a device that includes all of the following:a video display and computer mechanism for playing a game;the length of play of any single game is not substantially affected by the skill, knowledge, or dexterity of the player;a meter, tracking, or recording mechanism that records or tracks any money, tokens, games, or credits accumulated or remaining;a play option that permits a player to spend or risk varying amounts of money, tokens, or credits during a single game, in which the spending or risking of a greater amount of money, tokens, or credits:does not significantly extend the length of play time of any single game; andprovides for a chance of greater return of credits, games, or money; andan operating mechanism that, in order to function, requires inserting money, tokens, or other valuable consideration other than entering the user’s name, birthdate, or contact information.

Renumbered and Amended by Chapter 173, 2025 General Session

76-9-1402 - Participating in gambling.

(1) Terms defined in Sections 76-1-101.5 and 76-9-1401 apply to this section.

(2) An actor commits participating in gambling if the actor participates in: gambling;fringe gambling; oronline gambling.

(3) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class B misdemeanor.A violation of Subsection (2) is a class A misdemeanor if the actor has previously been convicted of a violation of Subsection (2).

(4) If federal law authorizes online gambling in the states of the United States and provides that individual states may opt out of online gambling, this state shall opt out of online gambling in the manner provided by federal law and within the time frame provided by that law.

(5) Regardless of whether a federal law is enacted that authorizes online gambling in the states of the United States, this section and Section 76-9-1404 act as this state’s prohibition of gambling, fringe gambling, or online gambling, in this state.

Renumbered and Amended by Chapter 173, 2025 General Session

76-9-1403 - Permitting gambling.

(1) Terms defined in Sections 76-1-101.5 and 76-9-1401 apply to this section.

(2) An actor commits permitting gambling if the actor knowingly:permits gambling or fringe gambling to be played, conducted, or dealt upon or in real or personal property owned, rented, or under the control of the actor, whether in whole or in part; orallows the use of a video gaming device that is:in a business establishment or public place; andaccessible for use by an individual within the establishment or public place.

Enacted by Chapter 173, 2025 General Session

76-9-1404 - Online gambling promotion.

(1) Terms defined in Sections 76-1-101.5 and 76-9-1401 apply to this section.

(2) An actor commits online gambling promotion if the actor intentionally provides or offers to provide a form of online gambling to an individual in this state.

(3) A violation of Subsection (2) is a third degree felony.

(4) This section does not apply to an Internet service provider, a hosting company as defined in Section 76-5c-401, a provider of public telecommunications services as defined in Section 54-8b-2, or an Internet advertising service that:transmits, routes, or provides connections for material without selecting the material; orstores or delivers the material at the direction of a user.

Enacted by Chapter 173, 2025 General Session

76-9-1405 - General gambling promotion.

(1) Terms defined in Sections 76-1-101.5 and 76-9-1401 apply to this section.

(2) An actor commits general gambling promotion if the actor:derives, or intends to derive, an economic benefit other than personal winnings from gambling or fringe gambling; andinduces or aids another individual to engage in gambling or fringe gambling; orknowingly invests in, finances, owns, controls, supervises, manages, or participates in gambling or fringe gambling.

(3) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class A misdemeanor.A violation of Subsection (2) is a third degree felony if the actor has previously been convicted of a violation of Subsection (2).

Renumbered and Amended by Chapter 173, 2025 General Session

76-9-1406 - Gambling fraud.

(1) Terms defined in Sections 76-1-101.5 and 76-9-1401 apply to this section.

(2) An actor commits gambling fraud if the actor: participates in gambling or fringe gambling;wins or acquires gambling proceeds for the actor or another individual; andknows the actor has a lesser risk of losing or greater chance of winning than one or more of the other participants, and the risk is not known to all the other participants.

(3) A violation of Subsection (2) is:a second degree felony if the value of what the actor wins or acquires for the actor or another individual is or exceeds $5, 000; a t hi r dd e g ree f e l o n y i f t h e v a l u eo f w ha tt h e a c t or w in sor a c q u i res f or t h e a c t oror an o t h er in d i v i d u a l i sore x cee d s$ 1,500 but is less than $5, 000; a c l a ss A mi s d e m e an or i f t h e v a l u eo f w ha tt h e a c t or w in sor a c q u i res f or t h e a c t oror an o t h er in d i v i d u a l i sore x cee d s$ 500 but is less than $1, 500; or a c l a ss B mi s d e m e an or i f t h e v a l u eo f w ha tt h e a c t or w in sor a c q u i res f or t h e a c t oror an o t h er in d i v i d u a l i s l ess t han$ 500.

Renumbered and Amended by Chapter 173, 2025 General Session

76-9-1407 - Possessing a gambling device or record.

(1) Terms defined in Sections 76-1-101.5 and 76-9-1401 apply to this section.

(2) An actor commits possessing a gambling device or record if the actor: knowingly possesses a gambling device or record; andintends to use the gambling device or record in gambling or fringe gambling.

Renumbered and Amended by Chapter 173, 2025 General Session

76-9-1408 - Deriving a benefit from a fringe gaming device.

(1) Terms defined in Sections 76-1-101.5 and 76-9-1401 apply to this section.

(2) An actor commits deriving a benefit from a fringe gaming device if the actor:permits a fringe gaming device to be located on or in real or personal property owned, rented, or under the control of the actor;allows individual or public access or use of a fringe gaming device as part of a business owned or operated by the actor;induces or aids an individual to use a fringe gaming device;invests in, finances, owns, controls, or otherwise manages a fringe gaming device; orpossesses a fringe gaming device with the intent to use or allow another individual to use the fringe gaming device.

(4) This section applies regardless of whether the fringe gaming device:is server-based;uses a simulated game terminal as a representation of a prize associated with the results of a sweepstakes entry;uses a simulated game to influence or determine the result of the simulated game or the value of a prize;selects the winner of a prize from a predetermined or finite pool of entries;includes a pre-reveal feature;predetermines a prize and reveals the prize at the time a sweepstakes entry result is revealed;requires deposit of any money, coin, token, or gift certificate, or the use of a credit card, debit card, prepaid card, or any other method of payment to activate the device;requires direct payment into the machine or device or remote activation of the device;requires a purchase of a related product regardless of whether the product has legitimate value;reveals the prize incrementally, regardless of whether a prize is awarded; orincludes a skill-based game.

Renumbered and Amended by Chapter 173, 2025 General Session

76-9-1409 - Advertising or soliciting participation in a lottery.

(1) As used in this section, “conspicuously printed” means printed in either larger or bolder type size than the adjacent and surrounding material so as to be clearly legible to an individual viewing the print.Terms defined in Sections 76-1-101.5 and 76-9-1401 apply to this section.

(2) An actor commits advertising or soliciting participation in a lottery if the actor distributes or disseminates an advertisement or other written or printed material containing an advertisement or solicitation for participation in a lottery.

(3) Except as provided in Subsection (3)(b), a violation of Subsection (2) is subject to a fine of $2, 500. A v i o l a t i o n o f S u b sec t i o n [[T i tl e - 76/76 - C h 7 6_{1} 0∣ (2)]] i ss u bj ec tt o a f in eo f$ 10,000 if the actor has previously been convicted of a violation of Subsection (2).

(4) This section does not apply if the advertisement or solicitation contains or includes the words “Void in Utah” conspicuously printed in the advertisement or solicitation.

Renumbered and Amended by Chapter 173, 2025 General Session

76-9-1410 - Obtaining a benefit from a confidence game.

(1) Terms defined in Sections 76-1-101.5 and 76-9-1401 apply to this section.

(2) An actor commits obtaining a benefit from a confidence game if the actor knowingly obtains or attempts to obtain from another individual money or property by any means, instrument, or device commonly referred to as a confidence game.

(3) A violation of Subsection (2) is:a second degree felony if the value of what the actor obtains is or exceeds $5, 000; a t hi r dd e g ree f e l o n y i f t h e v a l u eo f w ha tt h e a c t oro b t ain s i sore x cee d s$ 1,500 but is less than $5, 000; a c l a ss A mi s d e m e an or i f t h e v a l u eo f w ha tt h e a c t oro b t ain s i sore x cee d s$ 500 but is less than $1, 500; or a c l a ss B mi s d e m e an or i f t h e v a l u eo f w ha tt h e a c t oro b t ain s i s l ess t han$ 500.

(4) An indictment, information, or complaint under this section shall be deemed and held to contain a sufficient description of the offense if the indictment, information, or complaint contains:the date that the actor is accused of unlawfully and knowingly obtaining money or property from another individual;the name of the individual from whom the actor is accused of obtaining money or property;a description of the money or property obtained by the actor from the individual; anda description of the confidence game the actor used to obtain the money or property from the individual.

Renumbered and Amended by Chapter 173, 2025 General Session

76-9-1411 - Local control — Seizure and disposition of gambling debts or proceeds.

(1) This part does not preempt or otherwise limit a county or municipality from enacting a local ordinance related to gambling or fringe gambling.

(2) The following that are reasonably identifiable as having been used or obtained in violation of this part or a local ordinance may be seized and are subject to forfeiture proceedings in accordance with Title 77, Chapter 11a, Seizure of Property and Contraband, or Title 77, Chapter 11b, Forfeiture of Seized Property:gambling bets;gambling proceeds;gambling debts; andfringe gaming devices.

Renumbered and Amended by Chapter 173, 2025 General Session

76-9-1412 - Cause of action.

(1) An individual who suffers an economic loss as a result of a fringe gaming device, video gaming device, or gambling device or record may bring a cause of action against a person who operates or receives revenue from the fringe gaming device, video gaming device, or gambling device or record to recover damages, costs, and attorney fees.

(2) An individual who brings suit under Subsection (1) may recover twice the amount of the economic loss described in Subsection (1).

Renumbered and Amended by Chapter 173, 2025 General Session

Criminal Offenses Relating to Bus Passenger Safety

76-9-1501 - Definitions.

As used in this part:

(1) “Bus” means a passenger bus or coach or other motor vehicle having a seating capacity of 15 or more passengers operated by a bus company for the purpose of carrying passengers or cargo for hire.”Bus” includes a transit vehicle, as defined in Section 17B-2a-802, of a public transit district under Title 17B, Chapter 2a, Part 8, Public Transit District Act.

(2) “Bus company” or “company” means a person, group of persons, or corporation providing for-hire transportation to passengers or cargo by bus upon the highways in the state, including passengers and cargo in interstate or intrastate travel.”Bus company” or “company” includes local public bodies, public transit districts, municipalities, public corporations, boards, and commissions established under the laws of the state providing transportation to passengers or cargo by bus upon the highways in the state, whether or not for hire.

(3) “Charter” means a group of persons, pursuant to a common purpose and under a single contract, and at a fixed charge in accordance with a bus company’s tariff, which has acquired the exclusive use of a bus to travel together to a specified destination or destinations.

(4) “Passenger” means a person transported or served by a bus company, including persons accompanying or meeting another being transported, any person shipping or receiving cargo, and any person purchasing a ticket or receiving a pass.

(5) “Terminal” means a bus station or depot or any other facility operated or leased by or operated on behalf of a bus company.”Terminal” includes:a transit facility, as defined in Section 17B-2a-802, of a public transit district under Title 17B, Chapter 2a, Part 8, Public Transit District Act; anda reasonable area immediately adjacent to:a designated stop along the route traveled by a bus operated by a bus company; ora parking lot or an area adjacent to a terminal.

Renumbered and Amended by Chapter 173, 2025 General Session

76-9-1502 - Bus hijacking.

(1) Terms defined in Sections 76-1-101.5 and 76-9-1501 apply to this section.

(2) An actor commits bus hijacking if the actor seizes or exercises control, by force or violence or threat of force or violence, of a bus within the state.

(3) A violation of Subsection (2) is a first degree felony.

Renumbered and Amended by Chapter 173, 2025 General Session

76-9-1503 - Assault with intent to commit bus hijacking.

(1) Terms defined in Sections 76-1-101.5 and 76-9-1501 apply to this section.

(2) An actor commits assault with intent to commit bus hijacking if the actor intimidates, threatens, or commits assault or battery toward a driver, attendant, guard, or any other person in control of a bus so as to interfere with the performance of duties by the person.

(3) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a second degree felony.A violation of Subsection (2) is a first degree felony if the actor used a dangerous weapon during the violation.

Enacted by Chapter 173, 2025 General Session

76-9-1504 - Unlawful discharge of a firearm or hurling of a missile into a bus or terminal.

(1) Terms defined in Sections 76-1-101.5 and 76-9-1501 apply to this section.

(2) Except as provided in Subsection (4), an actor commits unlawful discharge of a firearm or hurling of a missile into a bus or terminal if the actor discharges a firearm or hurls a missile at or into a bus or terminal.

(3) A violation of Subsection (2) is a third degree felony.

(4) This section does not apply to elected or appointed peace officers or commercial security personnel who discharge firearms or hurl missiles in the course and scope of the peace officer’s or commercial security personnel’s employment.

Renumbered and Amended by Chapter 173, 2025 General Session

76-9-1505 - Unlawful conduct while on a bus.

(1) As used in this section, “controlled substance” means the same as that term is defined in Section 58-37-2.Terms defined in Sections 76-1-101.5 and 76-9-1501 apply to this section.

(2) An actor commits unlawful conduct while on a bus if the actor:threatens a breach of the peace, is disorderly, or uses obscene, profane, or vulgar language on a bus;is in or upon any bus while unlawfully under the influence of a controlled substance;fails to obey a reasonable request or order of a bus driver, bus company representative, a nondrinking designee other than the driver as provided in Subsection 32B-4-415(4)(c)(ii), or other person in charge or control of a bus or terminal;ingests a controlled substance, unless prescribed by a physician or a medical facility, in or upon any bus, or drinks intoxicating liquor in or upon a bus, except a chartered bus as defined and provided in Sections 32B-1-102 and 41-6a-526; orsmokes tobacco or other products in or upon a bus, except a chartered bus.

(3) A violation of Subsection (2) is a class C misdemeanor.

(4) If an actor violates Subsection (2), the driver of the bus or individual in charge thereof may stop at the place where the offense is committed or at the next regular or convenient stopping place and remove the actor, using only such force as may be necessary to accomplish the removal, and the driver or individual in charge may request the assistance of passengers to assist in removing the actor.The driver or individual in charge may cause the removed actor to be detained and delivered to the proper authorities.

Renumbered and Amended by Chapter 173, 2025 General Session

76-9-1506 - Unlawful refusal to leave a terminal — Detention of violators — Private security personnel.

(1) Terms defined in Sections 76-1-101.5 and 76-9-1501 apply to this section.

(2) An actor commits unlawful refusal to leave a terminal if:an authorized bus company representative asks the actor to identify the actor’s self and state the ground for the actor’s business in the terminal;the actor:fails to comply with the request described in Subsection (2)(a); orfails to state an acceptable business purpose;the authorized bus company representative requests that the actor depart the terminal;the request for departure described in Subsection (2)(c) is:within the bus company’s ability to refuse admission to a terminal to individuals who do not have a bona fide business within the terminal as part of the bus company’s provision of safety, welfare, and comfort of passengers; andnot inconsistent with or contrary to state or federal laws or regulations, or to an ordinance of the political subdivision in which the terminal is located; andthe actor refuses to comply with the request described in Subsection (2)(c) to depart the terminal.

(3) A violation of Subsection (2) is a class C misdemeanor.

(4) An authorized bus company representative may detain within a terminal or bus an actor who violates the provisions of this section for a reasonable time until law enforcement authorities arrive.The detention described in Subsection (4)(a) does not constitute unlawful imprisonment and neither the bus company nor the representative is civilly or criminally liable upon grounds of unlawful imprisonment or assault, provided that only reasonable and necessary force is exercised against the detained actor.

(5) A bus company may employ or contract for private security personnel.The private security personnel may:detain within a terminal or bus an actor who violates this section for a reasonable time until law enforcement authorities arrive; anduse reasonable and necessary force in subduing or detaining the actor.

Renumbered and Amended by Chapter 173, 2025 General Session

76-9-1507 - Unlawful material or device in a bus or a terminal — Detention of violators — Private security personnel.

(1) Terms defined in Sections 76-1-101.5 and 76-9-1501 apply to this section.

(2) An actor commits unlawful material or device in a bus or a terminal if the actor carries a highly flammable or hazardous material or device into a terminal or aboard a bus.

(3) A violation of Subsection (2) is a third degree felony.

(4) A bus company may employ reasonable means, including mechanical, electronic or x-ray devices, to detect the items concealed in baggage or upon the person of a passenger.Upon discovery of a highly flammable or hazardous material or device, the bus company may obtain possession and retain custody of the material or device until the material or device is transferred to a peace officer.

(5) An authorized bus company representative may detain within a terminal or bus an actor who violates the provisions of this section for a reasonable time until law enforcement authorities arrive.The detention does not constitute unlawful imprisonment and neither the bus company nor the representative is civilly or criminally liable upon grounds of unlawful imprisonment or assault, provided that only reasonable and necessary force is exercised against the detained actor.

(6) A bus company may employ or contract for private security personnel.The private security personnel may:detain within a terminal or bus an actor who violates this section for a reasonable time until law enforcement authorities arrive; anduse reasonable and necessary force in subduing or detaining the actor.

Enacted by Chapter 173, 2025 General Session

76-9-1508 - Theft of baggage or cargo.

(1) Terms defined in Sections 76-1-101.5 and 76-9-1501 apply to this section.

(2) An actor commits theft of baggage or cargo if the actor removes any baggage, cargo or other item transported upon a bus or stored in a terminal without the consent of: the owner of the property; orthe bus company or the bus company’s duly authorized representative.

(3) A violation of Subsection (2) is punishable under Section 76-6-404.

Renumbered and Amended by Chapter 173, 2025 General Session

76-9-1509 - Obstructing the operation of a bus.

(1) Terms defined in Sections 76-1-101.5 and 76-9-1501 apply to this section.

(2) An actor commits obstructing the operation of a bus if the actor unlawfully obstructs or impedes by force or violence, or any means of intimidation, the regular operation of a bus.

(3) A violation of Subsection (2) is a class C misdemeanor.

Renumbered and Amended by Chapter 173, 2025 General Session

76-9-1510 - Conspiracy to obstruct the operation of a bus.

(1) Terms defined in Sections 76-1-101.5 and 76-9-1501 apply to this section.

(2) An actor commits conspiracy to obstruct the operation of a bus if the actor willfully combines or conspires with another individual to violate Section 76-9-1509, Obstructing the operation of a bus.

(3) A violation of Subsection (2) is a class C misdemeanor.

Renumbered and Amended by Chapter 173, 2025 General Session

Money Laundering and Currency Transaction Reporting

76-9-1601 - Definitions.

As used in this part:

(1) “Bank” means an agent, agency, or office in this state of a person doing business in one of the following capacities:a commercial bank or trust company organized under the laws of this state or of the United States;a private bank;a savings and loan association or a building and loan association organized under the laws of the United States;an insured institution as defined in Section 401 of the National Housing Act;a savings bank, industrial bank, or other thrift institution;a credit union organized under the laws of this state or of the United States; orany other organization chartered under Title 7, Financial Institutions Act, and subject to the supervisory authority set forth in that title.

(2) “Conducts” includes initiating, concluding, or participating in initiating or concluding a transaction.

(3) “Currency” means the coin and paper money of the United States or of another country that is designated as legal tender, that circulates, and is customarily used and accepted as a medium of exchange in the country of issuance.”Currency” includes United States silver certificates, United States notes, Federal Reserve notes, and foreign bank notes customarily used and accepted as a medium of exchange in a foreign country.

(4) “Financial institution” means an agent, agency, branch, or office within this state of a person doing business, whether or not on a regular basis or as an organized business concern, in one or more of the following capacities:a bank, except bank credit card systems;a broker or dealer in securities;a currency dealer or exchanger, including a person engaged in the business of check cashing;an issuer, seller, or redeemer of travelers checks or money orders, except as a selling agent exclusively who does not sell more than $150,000 of the instruments within any 30-day period;a licensed transmitter of funds or other person engaged in the business of transmitting funds;a telegraph company;a person subject to supervision by a state or federal supervisory authority; orthe United States Postal Service regarding the sale of money orders.

(5) “Financial transaction” means a transaction:involving the movement of funds by wire or other means or involving one or more monetary instruments, which in any way or degree affects commerce; orinvolving the use of a financial institution that is engaged in, or its activities affect commerce in any way or degree.

(6) “Monetary instruments” means coins or currency of the United States or of another country, travelers checks, personal checks, bank checks, money orders, and investment securities or negotiable instruments in bearer form or in other form so that title passes upon delivery.

(7) “Person” means an individual, corporation, partnership, trust or estate, joint stock company, association, syndicate, joint venture, or other unincorporated organization or group, and all other entities cognizable as legal personalities.

(8) “Proceeds” means property acquired or derived directly or indirectly from, produced through, realized through, or caused by an act or omission and includes property of any kind.

(9) “Property” means anything of value, and includes an interest in property, including a benefit, privilege, land, or right with respect to anything of value, whether real or personal, tangible or intangible.

(10) “Prosecuting agency” means the office of the attorney general or the office of the county attorney, including an attorney on the staff whether acting in a civil or criminal capacity.

(11) “Transaction” means a purchase, sale, loan, pledge, gift, transfer, delivery, or other disposition. With respect to a financial institution, “transaction” includes a deposit, withdrawal, transfer between accounts, exchange of currency, loan, extension of credit, purchase or sale of a stock, bond, certificate of deposit, or other monetary instrument, or any other payment, transfer, or delivery by, through, or to a financial institution, by whatever means effected.

(12) “Transaction in currency” means a transaction involving the physical transfer of currency from one person to another. A transaction that is a transfer of funds by means of bank check, bank draft, wire transfer, or other written order that does not include the physical transfer of currency is not a transaction in currency under this chapter.

(13) “Unlawful activity” means the same as that term is defined in Section 76-17-401.”Unlawful activity” includes activity committed outside this state which, if committed within this state, would be unlawful activity.”Unlawful activity” does not include an illegal act under 18 U.S.C. Sec. 1961(1)(B), (C), and (D).

Renumbered and Amended by Chapter 173, 2025 General Session

76-9-1602 - Money laundering.

(1) Terms defined in Sections 76-1-101.5 and 76-9-1601 apply to this section.

(2) An actor commits money laundering if the actor:transports, receives, or acquires property that is the proceeds of unlawful activity; andknows that the property represents the proceeds of unlawful activity;makes proceeds of unlawful activity available to another person by transaction, transportation, or other means; andknows that the proceeds are intended to be used for the purpose of continuing or furthering the commission of unlawful activity; orconducts a transaction involving property;knows that the property represents the proceeds of unlawful activity; andconducts the transaction with the intent:to promote the unlawful activity;to conceal or disguise the nature, location, source, ownership, or control of the property; orto avoid a transaction reporting requirement under this part or under federal law.

(3) A violation of Subsection (2) is a second degree felony.

(4) Each act committed in violation of Subsection (2) that involves the movement of funds in excess of $10,000 is a separate violation under this section.

(5) Under Subsection (2)(a)(ii), the phrase “knows that the property involved represents the proceeds of unlawful activity” means that the actor knows, or it was represented to the actor, that the property involved represents proceeds from a form of unlawful activity, although the actor does not necessarily know which form of activity, that constitutes a crime under state or federal law, regardless of whether or not the activity is specified in the definition of unlawful activity.

Renumbered and Amended by Chapter 173, 2025 General Session

76-9-1603 - Accepting the proceeds of unlawful activity.

(1) Terms defined in Sections 76-1-101.5 and 76-9-1601 apply to this section.

(2) An actor commits accepting the proceeds of unlawful activity if the actor knowingly accepts or receives property that is represented to the actor to be the proceeds of unlawful activity.

(3) A violation of Subsection (2) is a third degree felony.

(4) Each act committed in violation of Subsection (2) that involves the movement of funds in excess of $10,000 is a separate violation under this section.

(5) Under Subsection (2), knowledge that the property represents the proceeds of unlawful activity may be established by proof that a law enforcement officer or an individual acting at the request of a law enforcement officer made the representations and the actor’s subsequent statements or actions indicate that the actor believed those representations to be true.

Enacted by Chapter 173, 2025 General Session

76-9-1604 - Failure to report a financial transaction of more than $10,000.

(1) Terms defined in Sections 76-1-101.5 and 76-9-1601 apply to this section.

(2) An actor commits failure to report a financial transaction of more than $10, 000 i f t h e a c t or : i se n g a g e d ina t r a d eor b u s in ess; rece i v es m ore t han$ 10,000 in domestic or foreign currency:in one transaction; orthrough two or more related transactions during one business day; andintentionally or knowingly fails to complete and file with the State Bureau of Investigation the information required by 26 U.S.C. Sec. 6050I, concerning returns relating to currency received in trade or business.

(3) Except as provided in Subsection (3)(b) or (c), a violation of Subsection (2) is a class C misdemeanor.Except as provided in Subsection (3)(c), a violation of Subsection (2) is a class A misdemeanor if the actor has previously been convicted of violating this section.A violation of Subsection (2) is a third degree felony if the violation is committed:in furtherance of the commission of any other violation of state law; oras part of a pattern of illegal activity involving transactions exceeding $100,000 in any 12-month period.

(4) The State Bureau of Investigation and the Office of the Attorney General:shall enforce compliance with Subsection (2); andare custodians of and have access to all information and documents filed under Subsection (2).Information filed by a trade or business in compliance with this section is confidential, except a law enforcement agency, county attorney, or district attorney, when establishing a clear need for the information for investigative purposes, shall have access to the information and shall maintain the information in a confidential manner except as otherwise provided by the Utah Rules of Criminal Procedure.

(5) Under this section, each failure by an actor to file a report required under Subsection (2) is a separate violation.

(6) This section does not apply to a financial institution.

Renumbered and Amended by Chapter 173, 2025 General Session

Unlawful Use of a Laser Pointer

76-9-1701 - Definitions.

(1) “Aircraft” means the same as that term is defined in Section 72-10-102.

(2) “Laser light” means light that is amplified by stimulated emission of radiation.

(3) “Laser pointer” means any portable device that emits a visible beam of laser light that may be directed at an individual.

(4) “Law enforcement officer” means an officer under Section 53-13-103.

Enacted by Chapter 173, 2025 General Session

76-9-1702 - Unlawful use of a laser pointer against a motor vehicle.

(1) Terms defined in Sections 76-1-101.5 and 76-9-1701 apply to this section.

(2) An actor commits unlawful use of a laser pointer against a motor vehicle if the actor directs a beam of laser light from a laser pointer at a moving motor vehicle or the occupants of a moving motor vehicle.

(3) A violation of Subsection (2) is an infraction.

(4) If the violation of this section constitutes an offense subject to a greater penalty under another provision of this title than is provided under this section, this section does not prohibit the prosecution and sentencing for the offense subject to a greater penalty.

Renumbered and Amended by Chapter 173, 2025 General Session

76-9-1703 - Unlawful use of a laser pointer against an aircraft.

(1) Terms defined in Sections 76-1-101.5 and 76-9-1701 apply to this section.

(2) An actor commits unlawful use of a laser pointer against an aircraft if the actor directs a beam of laser light from a laser pointer at an aircraft or the occupants of an aircraft.

(3) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class B misdemeanor.Except as provided in Subsection (3)(c), a violation of Subsection (2) is a class A misdemeanor if the actor previously has been convicted of a violation of Subsection (2).A violation of Subsection (2) is a third degree felony if the actor’s conduct causes an aircraft to crash or perform an emergency landing.

Enacted by Chapter 173, 2025 General Session

76-9-1704 - Unlawful use of a laser pointer against a law enforcement officer.

(1) Terms defined in Sections 76-1-101.5 and 76-9-1701 apply to this section.

(2) An actor commits unlawful use of a laser pointer against a law enforcement officer if the actor directs a beam of laser light from a laser pointer at an individual who the actor knows or has reason to know is a law enforcement officer.

(3) A violation of Subsection (2) is a class C misdemeanor.

(4) It is an affirmative defense to a charge under Subsection (2) that:the law enforcement officer was:not in uniform;not traveling in a vehicle identified as a law enforcement vehicle; andnot otherwise engaged in an activity that would give the actor reason to know the law enforcement officer to be a law enforcement officer; andthe law enforcement officer was not otherwise known by the actor to be a law enforcement officer.

(5) If the violation of this section constitutes an offense subject to a greater penalty under another provision of this title than is provided under this section, this section does not prohibit the prosecution and sentencing for the offense subject to a greater penalty.

Enacted by Chapter 173, 2025 General Session

Litter and Recycling Violations

76-9-1801 - Definitions.

Enacted by Chapter 173, 2025 General Session

76-9-1802 - Unlawful littering on land or waterway.

(1) As used in this section, “litter” includes a glass bottle, glass, a nail, tack, wire, can, barbed wire, board, trash or garbage, paper or paper products, or any other substance that would or could mar or impair the scenic aspect or beauty of the land.Terms defined in Sections 76-1-101.5 and 76-9-1801 apply to this section.

(2) An actor commits unlawful littering on land or waterway if the actor drops, throws, deposits, or discards, or permits to be dropped, thrown, deposited, or discarded, litter in a park, recreation area, or other public or private land, or waterway, without the permission of the owner or person having control or custody of the land or waterway.

(3) A violation of Subsection (2) is a class C misdemeanor and subject to a minimum fine of $100 for each violation.The court may require the actor to participate in at least four hours of cleaning up:litter caused by the actor’s offense; andexisting litter from a safe area designated by the court.

(4) A municipality within the municipality’s corporate limits and a county outside of incorporated municipalities may enact local ordinances to carry out the provisions of this section.

Renumbered and Amended by Chapter 173, 2025 General Session

76-9-1803 - Unlawful failure to prevent advertising materials from becoming litter.

(1) Terms defined in Sections 76-1-101.5 and 76-9-1801 apply to this section.

(2) An actor commits unlawful failure to prevent advertising materials from becoming litter if the actor:distributes commercial handbills, leaflets, or other advertising materials; andfails to take measures that are reasonably necessary to keep the commercial handbills, leaflets, or other advertising materials from littering public or private property.

(4) A municipality within the municipality’s corporate limits and a county outside of incorporated municipalities may enact local ordinances to carry out the provisions of this section.

Enacted by Chapter 173, 2025 General Session

76-9-1804 - Unlawful failure to remove injurious substance while removing a vehicle.

(1) Terms defined in Sections 76-1-101.5 and 76-9-1801 apply to this section.

(2) An actor commits unlawful failure to remove injurious substance while removing a vehicle if the actor:removes a wrecked or damaged vehicle from a park, recreation area, or other public or private land; andfails to remove glass or other injurious substance dropped from the vehicle in the park, recreation area, or other private or public land.

(3) A violation of Subsection (2) is a class C misdemeanor and subject to a minimum fine of $100 for each violation.The court may require the actor to participate in at least four hours of cleaning up:the glass or other injurious substance dropped from the vehicle; andexisting litter from a safe area designated by the court.

(4) A municipality within the municipality’s corporate limits and a county outside of incorporated municipalities may enact local ordinances to carry out the provisions of this section.

Enacted by Chapter 173, 2025 General Session

76-9-1805 - Unlawful failure to prevent accumulation of litter at a construction or demolition site.

(1) Terms defined in Sections 76-1-101.5 and 76-9-1801 apply to this section.

(2) An actor commits unlawful failure to prevent accumulation of litter at a construction or demolition site if the actor:is in charge of a construction or demolition site; andfails to take reasonable steps to prevent the accumulation of litter at the construction or demolition site.

(3) A violation of Subsection (2) is a class C misdemeanor and subject to a minimum fine of $100 for each violation.The court may require the actor to participate in at least four hours of cleaning up:the litter caused by the actor’s offense; andexisting litter from a safe area designated by the court.

(4) A municipality within the municipality’s corporate limits and a county outside of incorporated municipalities may enact local ordinances to carry out the provisions of this section.

Enacted by Chapter 173, 2025 General Session

76-9-1806 - Unlawful failure to provide sufficient litter receptacles.

(1) Terms defined in Sections 76-1-101.5 and 76-9-1801 apply to this section.

(2) An actor commits unlawful failure to provide sufficient litter receptacles if the actor:is an operator of a park, campground, trailer park, drive-in restaurant, gasoline service station, shopping center, grocery store parking lot, tavern parking lot, parking lot of an industrial firm, marina, boat launching area, boat moorage and fueling station, public or private pier, beach, or bathing area; andfails to maintain sufficient litter receptacles on the premises to accommodate the litter that accumulates on the premises.

(3) A violation of Subsection (2) is a class C misdemeanor and subject to a minimum fine of $100 for each violation.The court may require the actor to participate in at least four hours of cleaning up:the litter caused by the actor’s offense; andexisting litter from a safe area designated by the court.

(4) A municipality within the municipality’s corporate limits and a county outside of incorporated municipalities may enact local ordinances to carry out the provisions of this section.

Enacted by Chapter 173, 2025 General Session

76-9-1807 - Unlawful misuse of a recycling bin.

(1) As used in this section:“Recycling” means the process of collecting materials diverted from the waste stream for reuse.”Recycling bin” means any receptacle made available to the public by a governmental entity or private business for the collection of any source-separated item for recycling purposes.Terms defined in Sections 76-1-101.5 and 76-9-1801 apply to this section.

(2) An actor commits unlawful misuse of a recycling bin if: the actor places a prohibited item or substance in a recycling bin; andthe recycling bin is posted with the following information printed legibly in basic English:a descriptive list of the items that may be deposited in the recycling bin, entitled in boldface capital letters: “ITEMS YOU MAY DEPOSIT IN THIS RECYCLING BIN:“;at the end of the list in Subsection (2)(b)(i), the following statement in boldface capital letters: “REMOVING FROM THIS BIN ANY ITEM THAT IS LISTED ABOVE AND THAT YOU DID NOT PLACE IN THE CONTAINER IS THE CRIMINAL OFFENSE OF THEFT, PUNISHABLE BY LAW.”;the following statement in boldface capital letters: “DEPOSIT OF ANY OTHER ITEM IN THIS RECYCLING BIN IS AGAINST THE LAW.”;the following statement in boldface capital letters, posted on the recycling collection container in close proximity to the other notices required under Subsection (2)(b): “PLACING ANY ITEM OR SUBSTANCE IN THIS RECYCLING BIN OTHER THAN THOSE ALLOWED IN THE LIST POSTED ON THIS BIN IS AN INFRACTION, PUNISHABLE BY A MAXIMUM FINE OF $750.”; andthe name and telephone number of the entity that owns the recycling bin or is responsible for its placement and maintenance.

(3) A violation of Subsection (2) is an infraction.

Renumbered and Amended by Chapter 173, 2025 General Session

Unlawful Contraband Compartment in a Vehicle

76-9-1901 - Definitions.

(1) “Compartment” means any box, container, space, or enclosure:that is intended or designed to conceal, hide, or otherwise prevent the discovery of contraband; andthat is within a vehicle or attached to a vehicle.”Compartment” includes:false, altered, or modified fuel tanks;original factory equipment of a vehicle that is modified, altered, or changed to accommodate or contain contraband; anda box, container, space, or enclosure that is fabricated, made, created from, or added to the existing structure of a vehicle.

(2) “Contraband” means any property, item, or substance that is unlawful to produce or possess under state or federal law.”Contraband” includes any cash or monetary instrument that is the proceeds of an unlawful activity under Subsection 76-17-401(4).

(3) “Motor vehicle” means the same as that term is defined in Section 41-6a-102.

(4) “Semitrailer” means the same as that term is defined in Section 41-6a-102.

(5) “Trailer” means the same as that term is defined in Section 41-1a-102.

(6) “Vehicle” means a motor vehicle, a trailer, or a semitrailer.

Enacted by Chapter 173, 2025 General Session

76-9-1902 - Vehicle compartment for contraband — Penalties.

(1) Terms defined in Sections 76-1-101.5 and 76-9-1901 apply to this section.

(2) An actor commits unlawful possession, use, or control of a vehicle with a contraband compartment if the actor knowingly possesses, uses, or controls a vehicle that has a compartment with the intent to store, conceal, or transport contraband in the compartment.

(3) A violation of Subsection (2) is a class A misdemeanor.

(4) The trier of fact may infer that an actor intended to store, conceal, or transport contraband if: the actor possesses, uses, or controls a vehicle that has a compartment; andthe compartment contains:contraband; orevidence of prior storage, concealment, or transportation of contraband.

Renumbered and Amended by Chapter 173, 2025 General Session

76-9-1903 - Unlawful creation, installation, or attachment of a contraband compartment.

(1) Terms defined in Sections 76-1-101.5 and 76-9-1901 apply to this section.

(2) An actor commits unlawful creation, installation, or attachment of a contraband compartment if the actor facilitates the storage, concealment, or transportation of contraband by:designing, constructing, building, altering, or fabricating a compartment for a vehicle;installing or creating a compartment in a vehicle; orattaching a compartment to a vehicle.

(3) A violation of Subsection (2) is a third degree felony.

(4) The trier of fact may infer that an actor intends to store, conceal, or transport contraband if:the actor possesses, uses, or controls a vehicle that has a compartment; andthe compartment contains:contraband; orevidence of prior storage, concealment, or transportation of contraband.

Enacted by Chapter 173, 2025 General Session

Unlawful Tattooing or Body Piercing of a Minor

76-9-2001 - Definitions.

(1) “Body piercing” means the creation of an opening in the body, excluding the ear, for the purpose of inserting jewelry or other decoration.

(2) “Consent of a minor’s parent or legal guardian” means the presence of a parent or legal guardian during the performance of tattooing or body piercing upon the minor after the parent or legal guardian has provided:reasonable proof of personal identity and familial relationship; andwritten permission signed by the parent or legal guardian authorizing the performance of tattooing or body piercing upon the minor.

(3) “Minor” means a person younger than 18 years old who:is not married; andhas not been declared emancipated by a court of law.

(4) “Tattoo” means to fix an indelible mark or figure upon the body by inserting a pigment under the skin or by producing scars.

Enacted by Chapter 173, 2025 General Session

76-9-2002 - Unlawful tattooing of a minor.

(1) Terms defined in Sections 76-1-101.5 and 76-9-2001 apply to this section.

(2) Except as provided in Subsection (5), an actor commits unlawful tattooing of a minor if the actor performs or offers to perform a tattooing:upon a minor;without receiving the consent of the minor’s parent or legal guardian; andfor remuneration or in the course of a business or profession.

(3) A violation of Subsection (2) is a class B misdemeanor.

(4) The owner or operator of a business in which a violation of Subsection (2) occurs is subject to a civil penalty of $1,000 for each violation.

(5) An actor is not guilty of violating Subsection (2) if the actor:has no actual knowledge of the minor’s age; andreviews, photocopies, and retains the photocopy of an apparently valid driver license or other government-issued picture identification for the minor that expressly purports that the minor is 18 years old or older before the actor performs the tattooing.

Renumbered and Amended by Chapter 173, 2025 General Session

76-9-2003 - Unlawful body piercing of a minor.

(1) Terms defined in Sections 76-1-101.5 and 76-9-2001 apply to this section.

(2) Except as provided in Subsection (5), an actor commits unlawful body piercing of a minor if the actor performs or offers to perform a body piercing:upon a minor;without receiving the consent of the minor’s parent or legal guardian; andfor renumeration or in the course of a business or profession.

(3) A violation of Subsection (2) is a class B misdemeanor.

(4) The owner or operator of a business in which a violation of Subsection (2) occurs is subject to a civil penalty of $1,000 for each violation.

Enacted by Chapter 173, 2025 General Session

Utah • Lex Graph

Explorer

76-9 - Offenses Against Public Order, Health, and Safety

76-9 - Offenses Against Public Order, Health, and Safety

Sections (102)

Breaches of the Peace and Related Offenses

76-9-101 - Riot.

76-9-102 - Disorderly conduct.

76-9-102.1 - Aggravated disorderly conduct on a street or highway.

76-9-103 - Disrupting a meeting or procession.

76-9-104 - Failure to disperse.

76-9-105 - Making a false alarm.

76-9-105.5 - Emergency reporting abuse.

76-9-105.6 - Prohibited use of a party line or public pay telephone in an emergency.

76-9-106 - Disrupting the operation of a school.

76-9-107 - Unauthorized entry onto a school bus.

76-9-108 - Disrupting a funeral or memorial service.

76-9-109 - Targeted residential picketing.

76-9-110 - Public intoxication.

76-9-111 - Public urination.

76-9-112 - Participation in an ultimate fighting match.

76-9-113 - Commercial obstruction.

76-9-114 - Aggravated commercial obstruction.

Offenses Concerning the Military.

76-9-602 - False representation of the military.

Criminal Gang Related Offenses

76-9-802 - Definitions.

76-9-803 - Soliciting, recruiting, enticing, or intimidating a minor to join a criminal street gang.

76-9-803.1 - Aggravated soliciting, recruiting, enticing, or intimidating a minor to join a criminal street gang.

76-9-803.2 - Intimidating a minor to remain in a criminal street gang.

76-9-803.3 - Aggravated intimidating a minor to remain in a criminal street gang.

76-9-804 - Possession of a dangerous weapon by a convicted criminal gang offender.

76-9-805 - Failure to disperse.

Cigarettes, Tobacco, and Psychotoxic Chemical Solvents

76-9-1101 - Definitions.

76-9-1102 - Cigarette or tobacco advertising violation.

76-9-1103 - Permitting a minor to use a tobacco product, electronic cigarette product, or nicotine product in a place of business.

76-9-1104 - Providing a cigar, a cigarette, an electronic cigarette product, a nicotine product, or tobacco to a minor.

76-9-1105 - Providing tobacco paraphernalia to a minor.

76-9-1106 - Buying or possessing a tobacco product or an electronic cigarette product by a minor.

76-9-1107 - Illegal indirect sale of a tobacco product, an electronic cigarette product, or a nicotine product.

76-9-1108 - Illegal presence of a minor inside a tobacco specialty business.

76-9-1109 - Illegal sale or gift of clove cigarette.

76-9-1110 - Abuse of psychotoxic chemical solvent.

76-9-1111 - Abuse of nitrous oxide.

76-9-1112 - Illegal provision of smokeless tobacco or electronic cigarette product — Exceptions.

76-9-1113 - Illegal distribution of a tobacco product — Exceptions.

76-9-1114 - Illegal distribution of a flavored electronic cigarette product.

76-9-1115 - Illegal distribution of an electronic cigarette product without federal authorization.

76-9-1116 - Unlawful sale of a tobacco product, electronic cigarette product, or nicotine product.

76-9-1117 - Unlawful transfer of proof of age.

76-9-1118 - Unlawful use of proof of age containing false information.

76-9-1119 - Ordinances, rules, and regulations.

Offenses Concerning Water, Shafts, and Wells

76-9-1201 - Definitions.

76-9-1202 - Unlawful interference with water flow.

76-9-1203 - Unlawful taking of water or damaging a water facility.

76-9-1204 - Unlawful obstruction of watergates.

76-9-1205 - Unlawful damage to a bridge, dam, canal, or other water-related structure.

76-9-1206 - Unlawful failure to fence a shaft or well.

Criminal Nuisance

76-9-1301 - Definitions.

76-9-1302 - Creating, supporting, or retaining a nuisance.

76-9-1303 - Befouling waters.

76-9-1304 - Unlawful disposal of carcass or offal.

76-9-1305 - Maintaining, committing, or failing to remove a public nuisance.

76-9-1306 - Action for abatement of public nuisance.

76-9-1307 - Relief granted for a public nuisance that offends public decency.

76-9-1308 - Criminal violation of an order enjoining a public nuisance.

76-9-1309 - Maintenance of a drug-involved premises.

Gambling

76-9-1401 - Definitions.

76-9-1402 - Participating in gambling.

76-9-1403 - Permitting gambling.

76-9-1404 - Online gambling promotion.

76-9-1405 - General gambling promotion.

76-9-1406 - Gambling fraud.

76-9-1407 - Possessing a gambling device or record.

76-9-1408 - Deriving a benefit from a fringe gaming device.

76-9-1409 - Advertising or soliciting participation in a lottery.