76-3-410. Compensatory service — Graffiti penalties.
| (1) |
If an actor uses graffiti and is convicted under Section 76-6-106, 76-6-106.1, 76-6-107, or 76-6-206 for the use of graffiti, the court may, as a condition of probation under Subsection 77-18-105(6), order the actor to clean up graffiti of the actor and any other at a time and place within the jurisdiction of the court.
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Terms Used In Utah Code 76-3-410- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
- Conviction: A judgement of guilt against a criminal defendant.
- 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.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- 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.
| (a) |
For a first conviction or adjudication, the court may require the actor to clean up graffiti for not less than eight hours. |
| (b) |
For a second conviction or adjudication, the court may require the actor to clean up graffiti for not less than 16 hours. |
| (c) |
For a third conviction or adjudication, the court may require the actor to clean up graffiti for not less than 24 hours. |
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| (3) |
The court may also require the actor to perform other alternative forms of restitution or repair to the damaged property in accordance with Subsection 77-18-105(6). |
Renumbered and Amended by Chapter 111, 2023 General Session
