Terms Used In Utah Code 76-6-111

• Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
• Arrest: Taking physical custody of a person by lawful authority.
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Guardian: includes a person who:Utah Code 68-3-12.5
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Property: means :

  (i)	any form of real property or tangible personal property which is capable of being damaged or destroyed and includes a habitable structure; and

  (ii)

  the property of another, if anyone other than the actor has a possessory or proprietary interest in any portion of the property. See Utah Code 76-6-101 Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Service of process: The service of writs or summonses to the appropriate party. State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Value: means : (i)  the market value of the property, if totally destroyed, at the time and place of the offense, or where cost of replacement exceeds the market value; or (ii)  where the market value cannot be ascertained, the cost of repairing or replacing the property within a reasonable time following the offense. See Utah Code 76-6-101 (a)  As used in this section: (i)  “Law enforcement officer” means the same as that term is defined in Section 53-13-103. (ii)  “Livestock” means a domestic animal or fur bearer raised or kept for profit or as an asset, including: (A)  cattle; (B)  sheep; (C)  goats; (D)  swine; (E)  horses; (F)  mules; (G)  poultry; (H)  domesticated elk as defined in Section 4-39-102; and (I)  livestock guardian dogs. (iii)  “Livestock guardian dog” means a dog that is being used to live with and guard livestock, other than itself, from predators. (b)  Terms defined in Sections 76-1-101.5 and 76-6-101 apply to this section.

  (2)

  Unless authorized by Section 4-25-201, 4-25-202, 4-25-401, 4-39-401, or 18-1-3, an actor commits wanton destruction of livestock if the actor: (a)  injures, physically alters, releases, or causes the death of livestock; and (b)  does so: (i)  intentionally or knowingly; and (ii)  without the permission of the owner of the livestock.

  (3)

  A violation of Subsection (2) is a: (a)  class B misdemeanor if the aggregate value of the livestock is $250 or less; (b)  class A misdemeanor if the aggregate value of the livestock is more than $250, but does not exceed $750; (c)  third degree felony if the aggregate value of the livestock is more than $750, but does not exceed $5,000; and (d)  second degree felony if the aggregate value of the livestock is more than $5,000.

  (4)	For purposes of this section, a livestock guardian dog is presumed to belong to an owner of the livestock with which the livestock guardian dog was living at the time of an alleged violation of Subsection (2).

  (5)	When a court orders an actor who is convicted of wanton destruction of livestock to pay restitution under Title 77, Chapter 38b, Crime Victims Restitution Act, the court shall consider the restitution guidelines in Subsection (6) when setting the amount of restitution under Section 77-38b-205.

  (6)

  The minimum restitution value for cattle and sheep is the sum of the following, unless the court states on the record why it finds the sum to be inappropriate: (a)  the fair market value of the animal, using as a guide the market information obtained from the Department of Agriculture and Food created under Section 4-2-102; and (b)  10 years times the average annual value of offspring, for which average annual value is determined using data obtained from the National Agricultural Statistics Service within the United States Department of Agriculture, for the most recent 10-year period available.

  (7)	A material, device, or vehicle used in violation of Subsection (2) is subject to forfeiture under the procedures and substantive protections established in Title 77, Chapter 11b, Forfeiture of Seized Property.

  (8)

  A peace officer may seize a material, device, or vehicle used in violation of Subsection (2): (a)  upon notice and service of process issued by a court having jurisdiction over the property; or (b)  without notice and service of process if: (i)  the seizure is incident to an arrest under: (A)  a search warrant; or (B)  an inspection under an administrative inspection warrant; (ii)  the material, device, or vehicle has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding under this section; or (iii)  the peace officer has probable cause to believe that the property has been used in violation of Subsection (2).

  (9)

  (a)  A material, device, or vehicle seized under this section is not repleviable but is in custody of the law enforcement agency making the seizure, subject only to the orders and decrees of a court or official having jurisdiction. (b)  A peace officer who seizes a material, device, or vehicle under this section may: (i)  place the property under seal; (ii)  remove the property to a place designated by the warrant under which it was seized; or (iii)  take custody of the property and remove it to an appropriate location for disposition in accordance with law.

  Amended by Chapter 111, 2023 General Session
  Amended by Chapter 448, 2023 General Session