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Utah statute

Utah Code Ann. § 76-6-113 — Property damage resulting in economic interruption - Enhanced penalties.

Current through 2026 General Session

Part of Part 1: Property Destruction, Utah Code.

Criminal charges under this statute

Full text of Utah Code Ann. § 76-6-113

Statutory text current through the 2026 General Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Utah.

Utah Code Ann. § 76-6-113Primary source, current through the 2026 General Session
(1)(a) As used in this section: (1)(a)(i) "Business" means an enterprise carried on for the purpose of gain or economic profit. (1)(a)(ii) "Governmental entity" means the state, a county, a municipality, a special district, a special service district, a school district, a state institution of higher education, or any other political subdivision or administrative unit of the state. (1)(a)(iii) "Economic interruption" means any disruption or cessation to the operations of a business or governmental entity that results in: (1)(a)(iii)(A) the business or governmental entity ceasing operations for at least one day; or (1)(a)(iii)(B) the employees of the business or governmental entity being unable to perform labor for the business or governmental entity for at least one day. (1)(a)(iv) "Private postsecondary educational institution" means the same as that term is defined in Section 53H-1-101. (1)(b) Terms defined in Sections 76-1-101.5 and 76-6-101 apply to this section. (2) An actor commits property damage resulting in economic interruption if: (2)(a) the actor intentionally, knowingly, recklessly, or negligently damages, defaces, or destroys a business's, private postsecondary educational institution's, or governmental entity's property; and (2)(b) the actor's actions under Subsection (2)(a) cause an economic interruption for the business, private postsecondary educational institution, or governmental entity. (3) A violation of Subsection (2) is a class A misdemeanor. (4) It is not a defense under this section that the actor did not know that the victim is a business, private postsecondary educational institution, or governmental entity. (5) If the trier of facts finds that the actor committed a violation of Subsection (2), the actor is guilty of: (5)(a) a third degree felony if the actor has two prior convictions for a violation of Subsection (2) within five years before the day on which the actor committed the most recent violation of Subsection (2); and (5)(b) a second degree felony if the actor has at least three prior convictions for a violation of Subsection (2) within five years before the day on which the actor committed the most recent violation of Subsection (2). (6) A prior conviction used for a penalty enhancement under Subsection (5) is a conviction that is from a separate criminal episode than: (6)(a) the most recent violation of Subsection (2); and (6)(b) any other prior conviction that is used to enhance the penalty for the most recent violation of Subsection (2). (7) The prosecuting attorney, or the grand jury if an indictment is returned, shall include notice in the information or indictment that the offense is subject to an enhancement under Subsection (5).

Official sources

Legal terms used in this section

Questions this section answers

Is property damage resulting in economic interruption a felony or a misdemeanor in Utah?

It depends on the circumstances: property damage resulting in economic interruption ranges from a Class A Misdemeanor to a Second Degree Felony in Utah under Utah Code Ann. § 76-6-113.

Base offense - property damage resulting in economic interruption: Class A Misdemeanor (Utah Code Ann. § 76-6-113(3)) · Enhanced penalty - two prior convictions within five years: Third Degree Felony (Utah Code Ann. § 76-6-113(5)(a)) · Enhanced penalty - three or more prior convictions within five years: Second Degree Felony (Utah Code Ann. § 76-6-113(5)(b))

Which Utah statute covers property damage resulting in economic interruption?

Property damage resulting in economic interruption is governed by Utah Code Ann. § 76-6-113 (Property damage resulting in economic interruption - Enhanced penalties).

This reference is informational and is not legal advice.