Terms Used In Utah Code 76-6-902.2

• Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
• Antiquities: means :

  (a)	all material remains and their associations, recoverable through excavation or surface collection, that provide information pertaining to the historic or prehistoric peoples in the state; and

  (b)

  vertebrate fossils and other exceptional fossils and fossil sites designated as state landmarks. See Utah Code 76-6-901 Landowner: includes the School and Institutional Trust Lands Administration with respect to lands sold by the School and Institutional Trust Lands Administration and upon which a restrictive deed covenant has been imposed by the School and Institutional Trust Lands Administration. See Utah Code 76-6-901 Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5

  (2)

  An actor commits unlawful sale or exchange of antiquities if the actor: (a)  offers for sale or exchange an object that was collected or excavated in violation of Section 76-6-902; or (b)  counsels, procures, solicits, or employs another person to violate Subsection (2)(a).

  (3)

  (a)  Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class B misdemeanor. (b)  A violation of Subsection (2) is a third degree felony if: (i)  the violation is the actor’s second or subsequent violation of this section, Section 76-6-902, or Section 76-6-902.1; or (ii)  the amount at issue, as calculated under Subsection (3)(c), exceeds $500. (c)  The amount described in Subsection (3)(b)(ii) is calculated by adding together: (i)  the commercial or archaeological value of the antiquities involved in the violation; and (ii)  the cost of the restoration and repair of the antiquities involved in the violation. (d)  An actor shall surrender to the landowner all articles and material discovered, collected, excavated, or offered for sale or exchange in violation of this section.

  Enacted by Chapter 111, 2023 General Session