76-8-311.5. Aiding or concealing a juvenile offender — Trespass of a secure care facility — Criminal penalties.
| (1) |
As used in this section:
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 |
For details, see Utah Code § 76-3-204
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| (a) |
“Division” means the Division of Juvenile Justice Services created in Section 80-5-103. |
| (b) |
“Juvenile offender” means the same as that term is defined in Section 80-1-102. |
| (c) |
“Secure care” means the same as that term is defined in Section 80-1-102. |
| (d) |
“Secure care facility” means the same as that term is defined in Section 80-1-102. |
|
| (2) |
An individual who commits any of the following offenses is guilty of a class A misdemeanor:
| (a) |
entering, or attempting to enter, a building or enclosure appropriated to the use of juvenile offenders, without permission; |
| (b) |
entering any premises belonging to a secure care facility and committing or attempting to commit a trespass or damage on the premises of a secure care facility; or |
| (c) |
willfully annoying or disturbing the peace and quiet of a secure care facility or of a juvenile offender in a secure care facility. |
|
| (3) |
An individual is guilty of a third degree felony who:
| (a) |
knowingly harbors or conceals a juvenile offender who has:
| (i) |
escaped from secure care; or |
| (ii) |
as described in Subsection (4), absconded from:
| (A) |
a facility or supervision; or |
| (B) |
supervision of the division; or |
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| (b) |
willfully aided or assisted a juvenile offender who has been lawfully committed to a secure care facility in escaping or attempting to escape from the secure care facility. |
|
| (4) |
As used in this section:
| (a) |
a juvenile offender absconds from a facility under this section when the juvenile offender:
| (i) |
leaves the facility without permission; or |
| (ii) |
fails to return at a prescribed time. |
|
| (b) |
A juvenile offender absconds from supervision when the juvenile offender:
| (i) |
changes the juvenile offender’s residence from the residence that the juvenile offender reported to the division as the juvenile offender’s correct address to another residence, without notifying the division or obtaining permission; or |
| (ii) |
for the purpose of avoiding supervision:
| (A) |
hides at a different location from the juvenile offender’s reported residence; or |
| (B) |
leaves the juvenile offender’s reported residence. |
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Renumbered and Amended by Chapter 261, 2021 General Session
