UTAH CODE 76-6-409 THEFT OF UTILITY WATER SERVICES.  

UNAUTHORIZED USE OR TAKING OF CULINARY WATER, A UTILITY, IS A CRIMINAL OFFENSE SUBJECT TO A MINIMUM $500.00 FINE. INCIDENTS OF THEFT, DAMAGE, DESTRUCTION OR TAMPERING WILL BE FORMERLY RECORDED AND FILED WITH THE UTAH WASHINGTON COUNTY SHERIFF DEPARTMENT. THE FINES AND FEES ARE SUBJECT TO ADDITIONAL COSTS TO REPAIR, REPLACE, AND RESTORE DAMAGED PROPERTY, AND IS THE RESPONSIBILITY OF THE PROPERTY OWNER OF LEGAL PUBLIC RECORD.  

UTAH CODE 76-6-106 CRIMINAL MISCHIEF, UNAUTHORIZED & UNLAWFUL USE OF LDWA INFRASTRUCTURE.

UNAUTHORIZED USE, DAMAGES TO ANY PORTION OR PORTIONS OF LDWA INFRASTRUCTURE INCLUDING, BUT NOT LIMITED TO, FIRE HYDRANTS, SETTERS, METERS, PIPELINES, WATER, ETC, IS A CRIMINAL OFFENSE SUBJECT TO A MINIMUM $500.00 FINE. INCIDENTS OF THEFT, DAMAGE, DESTRUCTION WILL BE FORMERLY RECORDED AND FILED WITH THE UTAH WASHINGTON COUNTY SHERIFF DEPARTMENT. THE FINES AND FEES ARE SUBJECT TO ADDITIONAL COSTS TO REPAIR, REPLACE, AND RESTORE DAMAGED PROPERTY, AND IS THE RESPONSIBILITY OF THE PROPERTY OWNER OF LEGAL PUBLIC RECORD.  


Title 76Utah Criminal Code
Chapter 6Offenses Against Property
Part 1Property Destruction
Section 106Criminal mischief.
76-6-106. Criminal mischief.
(1)As used in this section, "critical infrastructure" includes:
(a)information and communication systems;
(b)financial and banking systems;
(c)any railroads, airlines, airports, airways, highways, bridges, waterways, fixed guideways, or other transportation systems intended for the transportation of persons or property;
(d)any public utility service, including the power, energy, and water supply systems;
(e)sewage and water treatment systems;
(f)health care facilities as listed in Section 26-21-2, and emergency fire, medical, and law enforcement response systems;
(g)public health facilities and systems;
(h)food distribution systems; and
(i)other government operations and services.
(2)A person commits criminal mischief if the person:
(a)under circumstances not amounting to arson, damages or destroys property with the intention of defrauding an insurer;
(b)intentionally and unlawfully tampers with the property of another and as a result:
(i)recklessly endangers:
(A)human life; or
(B)human health or safety; or
(ii)recklessly causes or threatens a substantial interruption or impairment of any critical infrastructure;
(c)intentionally damages, defaces, or destroys the property of another.
(3)(b)Any other violation of this section is a:
(i)second degree felony if the actor's conduct causes or is intended to cause pecuniary loss equal to or in excess of $5,000 in value;
(ii)third degree felony if the actor's conduct causes or is intended to cause pecuniary loss equal to or in excess of $1,500 but is less than $5,000 in value;
(iii)class A misdemeanor if the actor's conduct causes or is intended to cause pecuniary loss equal to or in excess of $500 but is less than $1,500 in value; and
(iv)class B misdemeanor if the actor's conduct causes or is intended to cause pecuniary loss less than $500 in value.
Title 76Utah Criminal Code
Chapter 6Offenses Against Property
Part 4Theft
Section 409Theft of services.
76-6-409.3. Theft of services.
(3)In this section "services" includes, but is not limited to, labor, professional service, public utility and transportation services, restaurant, hotel, motel, tourist cabin, rooming house, and like accommodations, the supplying of equipment, tools, vehicles, or trailers for temporary use, telephone or telegraph service, steam, admission to entertainment, exhibitions, sporting events, or other events for which a charge is made.

​PENALTIES & FINES.
2nd degree felony: A fine not to exceed $10,000, plus a 90% surcharge.
  (Utah Code Ann. §76-3-301(1)(a), Utah Code Ann. §51-9-401)

3rd degree felony: A fine not to exceed $5,000, plus a 90% surcharge.
  (Utah Code Ann. §76-3-301(a)(b), Utah Code Ann. §51-9-401)

Class A misdemeanor: A fine not to exceed $2,500, plus a 90% surcharge.
  (Utah Code Ann. §76-3-301(1)(c), Utah Code Ann. §51-9-401)

Class B misdemeanor: A fine not to exceed $1,000, plus a 90% surcharge.
  (Utah Code Ann. §76-3-301(1)(d), Utah Code Ann. §51-9-401)

RESTITUTION.
The court may order the accused to pay restitution if convicted of this crime.
  (Utah Code Ann. §77-38a-301) 

IMPRISONMENT.
2nd degree felony. A term of imprisonment not less than 1 year nor more than 15 years.
  (Utah Code Ann. §76-3-203(2))

3rd degree felony. A term of imprisonment not to exceed 5 years.
  (Utah Code Ann. §76-3-203(3))

Class A misdemeanor. A term in jail not to exceed 1 year.
  (Utah Code Ann. §76-3-204(1))

Class B misdemeanor. A term in jail not to exceed 6 months.
  (Utah Code Ann. §76-3-204(2))

DNA SPECIMEN ANALYSIS.
A defendant convicted of a class A misdemeanor, 2nd or 3rd degree felony theft of cable or utility services must provide a DNA specimen.
  (Utah Code Ann. §53-10-403(2)) 

FIREARMS.
A defendant convicted of a 2nd or 3rd degree felony theft of cable or utility services may not posses, use or have control of a firearm or ammunition for life.
  (Utah Code Ann. §76-10-503, 18 U.S.C. §921-930) 





THEFT OF A WATER UTILITY SERVICE & CRIMINAL MISCHIEF
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