Utah Code 76-9-308. Harassment of livestock
Current as of: 2024 | Check for updates
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(1) As used in this section:
For details, see Utah Code § 76-3-204
Attorney's Note
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 |
Terms Used In Utah Code 76-9-308
- 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
- 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
(1)(a) “Livestock” has the same meaning as that term is defined in Subsection 76-9-301(1).
(1)(b) “Unmanned aircraft system” means the same as that term is defined in Section 72-10-102.
(2) Except as provided in Subsection (3), a person is guilty of harassment of livestock if the person intentionally, knowingly, or recklessly chases, with the intent of causing distress, or harms livestock through the use of:
(2)(a) a motorized vehicle or all-terrain vehicle;
(2)(b) a dog; or
(2)(c) an unmanned aircraft system.
(3) A person is not guilty of harassment of livestock if:
(3)(a) the person is:
(3)(a)(i) the owner of the livestock;
(3)(a)(ii) an employee or agent of the owner, or otherwise acting under the owner’s general direction or with the owner’s permission;
(3)(a)(iii) acting in an emergency situation to prevent damage to the livestock or property; or
(3)(a)(iv) an employee or agent of the state or a political subdivision and acting in the employee or agent’s official capacity; or
(3)(b) the action is in line with generally accepted animal husbandry practices.
(4) A person who violates this section is guilty of:
(4)(a) a class B misdemeanor if the violation is a first offense and:
(4)(a)(i) no livestock is seriously injured or killed as a result of the person’s actions; or
(4)(a)(ii) the person’s actions cause the livestock to be displaced onto property where the livestock is not legally entitled to be; and
(4)(b) a class A misdemeanor if:
(4)(b)(i) the person has previously been convicted of harassment of livestock under this section;
(4)(b)(ii) livestock is seriously injured or killed as a result of the person’s actions; or
(4)(b)(iii) livestock or property suffered damage in excess of $1,000, including money spent in recovering the livestock, as a result of the person’s actions.