(1) 

Attorney's Note

Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class A misdemeanorup to 364 daysup to $2,500
For details, see Utah Code § 76-3-204
criminal case

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Terms Used In Utah Code 76-10-2402

  • 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.
  • Business: means a retail business dealing in tangible personal property. See Utah Code 76-10-2401
  • Conduct: means an act or omission. See Utah Code 76-1-101.5
  • Offense: means a violation of any penal statute of this state. 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
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(a)  A person is guilty of a misdemeanor if the person enters or remains unlawfully on the premises of or in a building of any business with the intent to interfere with the employees, customers, personnel, or operations of a business through any conduct that does not constitute an offense listed under Subsection (2).

(b)  A violation of Subsection (1)(a) is a class A misdemeanor.

(2)  A person is guilty of felony commercial obstruction if the person enters or remains unlawfully on the premises or in a building of any business with the intent to interfere with the employees, customers, personnel, or operations of a business and also with the intent to:

(a)  obtain unauthorized control over any merchandise, property, records, data, or proprietary information of the business;

(b)  alter, eradicate, or remove any merchandise, records, data, or proprietary information of the business;

(c)  damage, deface, or destroy any property on the premises of the business;

(d)  commit an assault on any person; or

(e)  commit any other felony.

(3)  A person who violates any provision in Subsection (2) is guilty of a second degree felony.

(4)  This section does not apply to action protected by the National Labor Relations Act, 29 U.S.C. § 151 et seq., or the Federal Railway Labor Act, 45 U.S.C. § 151 et seq.

(5)  This section does not apply to a person’s exercise of the rights under the First Amendment to the Constitution of the United States or under Article I, Sec. 15 of the Utah Constitution.

Amended by Chapter 334, 2010 General Session

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