76-9-308. Harassment of livestock.
| (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 | | class B misdemeanor | up to 6 months | up to $1,000 |
For details, see Utah Code § 76-3-204
Have a question?
Click here to chat with a criminal defense lawyer and protect your rights.
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
| (a) |
“Livestock” has the same meaning as that term is defined in Subsection 76-9-301(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:
| (a) |
a motorized vehicle or all-terrain vehicle; |
| (c) |
an unmanned aircraft system. |
|
| (3) |
A person is not guilty of harassment of livestock if:
| (a) |
the person is:
| (i) |
the owner of the livestock; |
| (ii) |
an employee or agent of the owner, or otherwise acting under the owner’s general direction or with the owner’s permission; |
| (iii) |
acting in an emergency situation to prevent damage to the livestock or property; or |
| (iv) |
an employee or agent of the state or a political subdivision and acting in the employee or agent’s official capacity; or |
|
| (b) |
the action is in line with generally accepted animal husbandry practices. |
|
| (4) |
A person who violates this section is guilty of:
| (a) |
a class B misdemeanor if the violation is a first offense and:
| (i) |
no livestock is seriously injured or killed as a result of the person’s actions; or |
| (ii) |
the person’s actions cause the livestock to be displaced onto property where the livestock is not legally entitled to be; and |
|
| (b) |
a class A misdemeanor if:
| (i) |
the person has previously been convicted of harassment of livestock under this section; |
| (ii) |
livestock is seriously injured or killed as a result of the person’s actions; or |
| (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. |
|
|
Amended by Chapter 216, 2023 General Session
