| (1) |
A person is guilty of burglary of a research facility if he enters or remains unlawfully in a research facility with the intent to:
Attorney's NoteUnder the Utah Code, punishments for crimes depend on the classification. In the case of this section:
| Class | Prison | Fine |
|---|
| felony of the second degree | 1 to 15 years | up to $10,000 | | class A misdemeanor | up to 364 days | up to $2,500 |
For details, see Utah Code § 76-3-203 and Utah Code § 76-3-204
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Terms Used In Utah Code 76-10-2002- Conduct: means an act or omission. See Utah Code 76-1-101.5
- Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Research: means studious and serious inquiry, examination, investigation, or experimentation aimed at the discovery, examination, or accumulation of facts, data, devices, theories, technologies, or applications done for any public, governmental, proprietorial, or teaching purpose. See Utah Code 76-10-2001
- Research facility: means any building, or separately secured yard, pad, pond, laboratory, pasture, pen, or corral which is not open to the public, the major use of which is to conduct research, to house research subjects, to store supplies, equipment, samples, specimens, records, data, prototypes, or other property used in or generated from research. See Utah Code 76-10-2001
| (a) |
obtain unauthorized control over any property, sample, specimen, record, data, test result, or proprietary information in the facility; |
| (b) |
alter or eradicate any sample, specimen, record, data, test result, or proprietary information in the facility; |
| (c) |
damage, deface, or destroy any property in the facility; |
| (d) |
release from confinement or remove any animal or biological vector in the facility regardless of whether or not that animal or vector is dangerous; |
| (e) |
commit an assault on any person; |
| (f) |
commit any other felony; or |
| (g) |
interfere with the personnel or operations of a research facility through any conduct that does not constitute an assault. |
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