78B-6-1107. Nuisance — Drug houses and drug dealing — Gambling — Group criminal activity — Party house — Prostitution — Weapons — Abatement by eviction.
| (1) |
Every building or place is a nuisance where:
Terms Used In Utah Code 78B-6-1107- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
| (a) |
the unlawful sale, manufacture, service, storage, distribution, dispensing, or acquisition occurs of any controlled substance, precursor, or analog specified in Title 58, Chapter 37, Utah Controlled Substances Act; |
| (b) |
gambling is permitted to be played, conducted, or dealt upon as prohibited in 11, which creates the conditions of a nuisance as defined in Subsection 78B-6-1101(1); |
| (c) |
criminal activity is committed in concert with three or more persons as provided in Section 76-3-203.1; |
| (d) |
criminal activity is committed for the benefit of, at the direction of, or in association with any criminal street gang as defined in Section 76-9-802; |
| (e) |
criminal activity is committed to gain recognition, acceptance, membership, or increased status with a criminal street gang as defined in Section 76-9-802; |
| (f) |
parties occur frequently which create the conditions of a nuisance as defined in Subsection 78B-6-1101(1); |
| (g) |
prostitution or promotion of prostitution is regularly carried on by one or more persons as provided in 13; and |
| (h) |
a violation of 5, occurs on the premises. |
|
| (2) |
It is a defense to nuisance under Subsection (1)(a) if the defendant can prove that the defendant is lawfully entitled to possession of a controlled substance. |
| (3) |
Sections 78B-6-1108 through 78B-6-1114 govern only an abatement by eviction of the nuisance as defined in Subsection (1). |
Amended by Chapter 207, 2021 General Session
