76-5-107.1. Threats against schools.
| (1) |
Attorney's NoteUnder the Utah Code, punishments for crimes depend on the classification. In the case of this section:
| Class | Prison | Fine |
|---|
| class A misdemeanor | up to 364 days | up to $2,500 | | class B misdemeanor | up to 6 months | up to $1,000 | | class C misdemeanor | up to 90 days | up to $750 |
For details, see Utah Code § 76-3-204
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Terms Used In Utah Code 76-5-107.1- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
- Bodily injury: means physical pain, illness, or any impairment of physical condition. See Utah Code 76-1-101.5
- 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
- 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
| (a) |
As used in this section:
| (i) |
“Hoax weapon of mass destruction” means the same as that term is defined in Section 76-10-401. |
| (ii) |
“School” means a preschool or a public or private elementary or secondary school. |
|
| (b) |
Terms defined in Section 76-1-101.5 apply to this section. |
|
| (2) |
An actor is guilty of making a threat against a school if the actor threatens in person or via electronic means, either with real intent or as an intentional hoax, to commit any offense involving bodily injury, death, or substantial property damage and the actor:
| (a) |
threatens the use of a firearm or weapon or hoax weapon of mass destruction; |
| (b) |
acts with intent to:
| (i) |
disrupt the regular schedule of the school or influence or affect the conduct of students, employees, or the general public at the school; |
| (ii) |
prevent or interrupt the occupancy of the school or a portion of the school, or a facility or vehicle used by the school; or |
| (iii) |
intimidate or coerce students or employees of the school; or |
|
| (c) |
causes an official or volunteer agency organized to deal with emergencies to take action due to the risk to the school or general public. |
|
| (3) |
| (a) |
| (i) |
A violation of Subsection (2)(a), (b)(i), or (b)(iii) is a class A misdemeanor. |
| (ii) |
A violation of Subsection (2)(b)(ii) is a class B misdemeanor. |
| (iii) |
A violation of Subsection (2)(c) is a class C misdemeanor. |
|
| (b) |
| (i) |
In addition to any other penalty authorized by law, a court shall order an actor convicted of a violation of this section to pay restitution to any federal, state, or local unit of government, or any private business, organization, individual, or entity for expenses and losses incurred in responding to the threat, unless the court states on the record the reasons why the reimbursement would be inappropriate. |
| (ii) |
Restitution ordered in the case of a minor adjudicated for a violation of this section shall be determined in accordance with Section 80-6-710. |
|
|
| (4) |
It is not a defense to this section that the actor did not attempt to carry out or was incapable of carrying out the threat. |
| (5) |
| (a) |
A violation of this section shall be reported to the local law enforcement agency. |
| (b) |
If the actor alleged to have violated this section is a minor, the minor may be referred to the juvenile court. |
|
| (6) |
Counseling for the minor and the minor’s family may be made available through state and local health department programs. |
Amended by Chapter 181, 2022 General Session
