(8) |
(a) |
As used in this section:
(i) |
“Hazardous air pollutant” means any hazardous air pollutant listed under 42 U.S.C. § 7412 or any extremely hazardous substance listed under 42 U.S.C. § 11002(a)(2). |
(ii) |
“Organization” means a legal entity, other than a government, established or organized for any purpose, and includes a corporation, company, association, firm, partnership, joint stock company, foundation, institution, trust, society, union, or any other association of persons. |
(iii) |
“Serious bodily injury” means bodily injury which involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty. |
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(b) |
(i) |
A person is guilty of a class A misdemeanor and subject to imprisonment under Section 76-3-204 and a fine of not more than $25,000 per day of violation if that person with criminal negligence:
(A) |
releases into the ambient air any hazardous air pollutant; and |
(B) |
places another person in imminent danger of death or serious bodily injury. |
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(ii) |
As used in this Subsection (8)(b), “person” does not include an employee who is carrying out the employee’s normal activities and who is not a part of senior management personnel or a corporate officer. |
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(c) |
A person is guilty of a second degree felony and is subject to imprisonment under Section 76-3-203 and a fine of not more than $50,000 per day of violation if that person:
(i) |
knowingly releases into the ambient air any hazardous air pollutant; and |
(ii) |
knows at the time that the person is placing another person in imminent danger of death or serious bodily injury. |
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(d) |
If a person is an organization, it shall, upon conviction of violating Subsection (8)(c), be subject to a fine of not more than $1,000,000. |
(e) |
(i) |
A defendant who is an individual is considered to have acted knowingly under Subsections (8)(c) and (d), if:
(A) |
the defendant’s conduct placed another person in imminent danger of death or serious bodily injury; and |
(B) |
the defendant was aware of or believed that there was an imminent danger of death or serious bodily injury to another person. |
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(ii) |
Knowledge possessed by a person other than the defendant may not be attributed to the defendant. |
(iii) |
Circumstantial evidence may be used to prove that the defendant possessed actual knowledge, including evidence that the defendant took affirmative steps to be shielded from receiving relevant information. |
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(f) |
(i) |
It is an affirmative defense to prosecution under this Subsection (8) that the conduct charged was freely consented to by the person endangered and that the danger and conduct charged were reasonably foreseeable hazards of:
(A) |
an occupation, a business, a profession; or |
(B) |
medical treatment or medical or scientific experimentation conducted by professionally approved methods and the other person was aware of the risks involved prior to giving consent. |
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(ii) |
The defendant has the burden of proof to establish any affirmative defense under this Subsection (8)(f) and shall prove that defense by a preponderance of the evidence. |
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