(1) 

Attorney's Note

Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class B misdemeanorup to 6 monthsup to $1,000
For details, see Utah Code § 76-3-204

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Terms Used In Utah Code 76-9-904

  • Criminal street gang: means an organization, association in fact, or group of three or more persons, whether operated formally or informally:
    (a) that is currently in operation;
    (b) that has as one of its substantial activities the commission of one or more predicate gang crimes;
    (c) that has, as a group, an identifying name or an identifying sign or symbol, or both; and
    (d) whose members, acting individually or in concert with other members, engage in or have engaged in a pattern of criminal gang activity. See Utah Code 76-9-902
  • Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
  • Public place: includes the lobbies, hallways, elevators, restaurants and other dining areas, and restrooms of any of the locations or structures under Subsection (5)(a). See Utah Code 76-9-902
  • (a)  Failure to comply with an order issued under Subsection 76-9-903(1)(b) to disperse is a class B misdemeanor of failure to disperse.

    (b)  Any second and subsequent violation of Subsection (1)(a) is a class B misdemeanor of failure to disperse and is subject to a fine of not less than $100, unless the court finds mitigating circumstances justifying a lesser punishment and makes that finding a part of the court record.

(2) 

(a)  A person is guilty of a class B misdemeanor of subsequent failure to disperse who:

(i)  is present in a public place with or as part of a group of two or more persons, and that group includes one or more persons a peace officer reasonably believes to be a member of a criminal street gang; and

(ii)  is within sight or hearing of a location where a law enforcement officer issued an order to the person to disperse under Section 76-9-903 within the prior eight hours.

(b)  A violation of Subsection (2)(a) is subject to a fine of not less than $100, unless the court finds mitigating circumstances justifying a lesser punishment and makes that finding a part of the court record.

Enacted by Chapter 86, 2009 General Session