Utah Code 76-6-107.5. Vandalism of public lands

76-6-107.5. Defacing by graffiti on public lands.

(1)

Under 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

For details, see Utah Code § 76-3-204

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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.
Graffiti: means any form of unauthorized printing, writing, spraying, scratching, painting, affixing, etching, or inscribing on the property of another regardless of the content or the nature of the material used in the commission of the act. See Utah Code 76-6-101
Land: includes :Utah Code 68-3-12.5

Property: means :

(i)	any form of real property or tangible personal property which is capable of being damaged or destroyed and includes a habitable structure; and

(ii)	the property of another, if anyone other than the actor has a possessory or proprietary interest in any portion of the property. See Utah Code 76-6-101 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, “public lands” means state or federally owned property that is held substantially in the property’s natural state, including canyons, parks owned or managed by the state, national parks, land managed by the Bureau of Land Management, and other lands owned or maintained by a government entity for outdoor recreational use.

(b)	Terms defined in Sections 76-1-101.5 and 76-6-101 apply to this section.

(2)	An actor commits defacing by graffiti on public lands if the actor creates, or assists in creating, graffiti on any public lands or state-owned object permanently located on public lands.

(3)

A violation of Subsection (2) is;

(a)	a class B misdemeanor; or

(b)	if the individual was previously convicted of violating this section, a class A misdemeanor.

(4)

If an actor is convicted of defacing by graffiti on public lands, the court shall sentence the actor to a term of community service as follows:

(a)	for a first conviction, the court shall sentence the actor to 100 hours of community service, to be completed within 90 days after the day on which the court issues the order;

(b)	for a second conviction, the court shall sentence the actor to 200 hours of community service, to be completed within 180 days after the day on which the court issues the order; or

(c)	for a third or subsequent conviction, the court shall sentence the actor to 300 hours of community service, to be completed within 270 days after the day on which the court issues the order.

(5)	If an actor is enrolled in school or maintains full or part-time employment, the ordered community service may not be scheduled at a time the actor is scheduled to be in school or performing the individual’s employment duties.

(6)	A sentence of community service described in Subjection (4) shall, to the greatest extent possible, be for the benefit of public lands.

(7)	If an actor is convicted of defacing by graffiti on public lands, the court may impose a fine up to the full amount of the estimated cost to restore the damaged land, caused by the actor, to the land’s original state.

(8)	An actor who voluntarily, at the actor’s own expense, and with the consent of the property owner, removes graffiti for which the actor is responsible shall be credited for costs ordered by the court under Subsection (7).

Amended by Chapter 111, 2023 General Session
Amended by Chapter 411, 2023 General Session