(1)  A person who violates any provision of Section 76-10-1603 is guilty of a second degree felony. In addition to penalties prescribed by law, the court may order the person found guilty of the felony to pay to the state, if the attorney general brought the action, or to the county, if the county attorney or district attorney brought the action, the costs of investigating and prosecuting the offense and the costs of securing the forfeitures provided for in this section.

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Terms Used In Utah Code 76-10-1603.5

  • Act: means a voluntary bodily movement and includes speech. See Utah Code 76-1-101.5
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Conduct: means an act or omission. See Utah Code 76-1-101.5
  • Conviction: A judgement of guilt against a criminal defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Enterprise: means any individual, sole proprietorship, partnership, corporation, business trust, association, or other legal entity, and any union or group of individuals associated in fact although not a legal entity, and includes illicit as well as licit entities. See Utah Code 76-10-1602
  • Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
  • Pattern of unlawful activity: means engaging in conduct which constitutes the commission of at least three episodes of unlawful activity, which episodes are not isolated, but have the same or similar purposes, results, participants, victims, or methods of commission, or otherwise are interrelated by distinguishing characteristics. See Utah Code 76-10-1602
  • Person: includes any individual or entity capable of holding a legal or beneficial interest in property, including state, county, and local governmental entities. See Utah Code 76-10-1602
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • 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
  • Unlawful activity: means to directly engage in conduct or to solicit, request, command, encourage, or intentionally aid another person to engage in conduct which would constitute any offense described by the following crimes or categories of crimes, or to attempt or conspire to engage in an act which would constitute any of those offenses, regardless of whether the act is in fact charged or indicted by any authority or is classified as a misdemeanor or a felony:
(a) any act prohibited by the criminal provisions of Title 13, Chapter 10, Unauthorized Recording Practices Act;
(b) any act prohibited by the criminal provisions of Title 19, Environmental Quality Code, Sections 19-1-101 through 19-7-109;
(c) taking, destroying, or possessing wildlife or parts of wildlife for the primary purpose of sale, trade, or other pecuniary gain, in violation of Title 23, Wildlife Resources Code of Utah, or Section 23-20-4;
(d) false claims for medical benefits, kickbacks, and any other act prohibited by 11, Sections 26B-3-1101 through 26B-3-1112;
(e) any act prohibited by the criminal provisions of Title 32B, Chapter 4, Criminal Offenses and Procedure Act;
(f) any act prohibited by the criminal provisions of Title 57, Chapter 11, Utah Uniform Land Sales Practices Act;
(g) any act prohibited by the criminal provisions of Title 58, Chapter 37, Utah Controlled Substances Act, or Title 58, Chapter 37b, Imitation Controlled Substances Act, Title 58, Chapter 37c, Utah Controlled Substance Precursor Act, or Title 58, Chapter 37d, Clandestine Drug Lab Act;
(h) any act prohibited by the criminal provisions of Title 61, Chapter 1, Utah Uniform Securities Act;
(i) any act prohibited by the criminal provisions of Title 63G, Chapter 6a, Utah Procurement Code;
(j) assault or aggravated assault, Sections 76-5-102 and 76-5-103;
(k) a threat of terrorism, Section 76-5-107. See Utah Code 76-10-1602
(2)  In lieu of a fine otherwise authorized by law for a violation of Section 76-10-1603, a defendant who derives net proceeds from a conduct prohibited by Section 76-10-1603 may be fined not more than twice the amount of the net proceeds.

(3)  Upon conviction for violating any provision of Section 76-10-1603, and in addition to any penalty prescribed by law, the court may do any or all of the following:

(a)  order restitution to any victim or rightful owner of property obtained, directly or indirectly, from:

(i)  the conduct constituting the pattern of unlawful activity; or

(ii)  any act or conduct constituting the pattern of unlawful activity that is proven as part of the violation of any provision of Section 76-10-1603;

(b)  order the person to divest himself of any interest in or any control, direct or indirect, of any enterprise;

(c)  impose reasonable restrictions on the future activities or investments of any person, including prohibiting the person from engaging in the same type of endeavor as the enterprise engaged in, to the extent the Utah Constitution and the Constitution of the United States permit; or

(d)  order the dissolution or reorganization of any enterprise.

(4)  If a violation of Section 76-10-1603 is based on a pattern of unlawful activity consisting of acts or conduct in violation of Section 76-10-1204, 76-10-1205, 76-10-1206, or 76-10-1222, the court may not enter any order that would amount to a prior restraint on the exercise of an affected party’s rights under the First Amendment to the Constitution of the United States or Utah Constitution Article I, Section 15.

(5)  For purposes of this section, the “net proceeds” of an offense means property acquired as a result of the violation minus the direct costs of acquiring the property.

Amended by Chapter 394, 2013 General Session

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