Title 76 Utah Criminal Code
Chapter 6 Offenses Against Property
Part 1 Property Destruction
Section 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.
PENALTIES & FINES - UTAH STATE CODE
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)