DRIVE-BY SHOOTING
Utah 76-10-508. Discharge of firearm from a vehicle, near a highway, or in direction of any person, building, or vehicle -- Penalties.
(1) (a) A person may not discharge any kind of dangerous weapon or firearm:
(i) from an automobile or other vehicle;
(ii) from, upon, or across any highway;
(iii) at any road signs placed upon any highways of the state;
(iv) at any communications equipment or property of public utilities including facilities, lines, poles, or devices of transmission or distribution;
(v) at railroad equipment or facilities including any sign or signal;
(vi) within Utah State Park buildings, designated camp or picnic sites, overlooks, golf courses, boat ramps, and developed beaches; or
(vii) without written permission to discharge the dangerous weapon from the owner or person in charge of the property within 600 feet of:
(A) a house, dwelling, or any other building; or
(B) any structure in which a domestic animal is kept or fed, including a barn, poultry yard, corral, feeding pen, or stockyard.
(b) It shall be a defense to any charge for violating this section that the person being accused had actual permission of the owner or person in charge of the property at the time in question.
(2) A violation of any provision of this section is a class B misdemeanor unless the actor discharges a firearm under any of the following circumstances not amounting to criminal homicide or attempted criminal homicide, in which case it is a third degree felony and the convicted person shall be sentenced to an enhanced minimum term of three years in prison:
(a) the actor discharges a firearm in the direction of any person or persons, knowing or having reason to believe that any person may be endangered;
(b) the actor, with intent to intimidate or harass another or with intent to damage a habitable structure as defined in Subsection 76-6-101(2), discharges a firearm in the direction of any building; or
(c) the actor, with intent to intimidate or harass another, discharges a firearm in the direction of any vehicle.
(3) This section does not apply to a person:
(a) who discharges any kind of firearm when that person is in lawful defense of self or others; or
(b) who is performing official duties as provided in Sections 23-20-1.5 and 76-10-523 and as otherwise provided by law.
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ENHANCED PENALTIES-SENTENCING
Utah 76-3-203.1 Offenses committed in concert with two or more persons -- Notice -- Enhanced penalties.
(1) (a) A person who commits any offense listed in Subsection (4) is subject to an enhanced penalty for the offense as provided in Subsection (3) if the trier of fact finds beyond a reasonable doubt that the person acted in concert with two or more persons.
(b) "In concert with two or more persons" as used in this section means the defendant was aided or encouraged by at least two other persons in committing the offense and was aware that he was so aided or encouraged, and each of the other persons:
(i) was physically present; or
(ii) participated as a party to any offense listed in Subsection (4).
(c) For purposes of Subsection (1)(b)(ii):
(i) other persons participating as parties need not have the intent to engage in the same offense or degree of offense as the defendant; and
(ii) a minor is a party if the minor's actions would cause him to be a party if he were an adult.
(2) The prosecuting attorney, or grand jury if an indictment is returned, shall cause to be subscribed upon the information or indictment notice that the defendant is subject to the enhanced penalties provided under this section.
(3) The enhanced penalty for a:
(a) class B misdemeanor is a class A misdemeanor;
(b) class A misdemeanor is a third degree felony;
(c) third degree felony is a second degree felony;
(d) second degree felony is a first degree felony; and
(e) first degree felony is an indeterminate prison term of not less than nine years and which may be for life.
(4) Offenses referred to in Subsection (1) are:
(a) any criminal violation of Title 58, Chapter 37, 37a, 37b, or 37c, regarding drug-related offenses;
(b) assault and related offenses under Title 76, Chapter 5, Part 1;
(c) any criminal homicide offense under Title 76, Chapter 5, Part 2;
(d) kidnapping and related offenses under Title 76, Chapter 5, Part 3;
(e) any felony sexual offense under Title 76, Chapter 5, Part 4;
(f) sexual exploitation of a minor as defined in Section 76-5a-3;
(g) any property destruction offense under Title 76, Chapter 6, Part 1;
(h) burglary, criminal trespass, and related offenses under Title 76, Chapter 6, Part 2;
(i) robbery and aggravated robbery under Title 76, Chapter 6, Part 3;
(j) theft and related offenses under Title 76, Chapter 6, Part 4;
(k) any fraud offense under Title 76, Chapter 6, Part 5, except Sections 76-6-503, 76-6-504, 76-6-505, 76-6-507, 76-6-508, 76-6-509, 76-6-510, 76-6-511, 76-6-512, 76-6-513, 76-6-514, 76-6-516, 76-6-517, 76-6-518, and 76-6-520;
(l) any offense of obstructing government operations under Title 76, Chapter 8, Part 3, except Sections 76-8-302, 76-8-303, 76-8-304, 76-8-307, 76-8-308, and 76-8-312;
(m) tampering with a witness or other violation of Section 76-8-508;
(n) extortion or bribery to dismiss criminal proceeding as defined in Section 76-8-509;
(o) any explosives offense under Title 76, Chapter 10, Part 3;
(p) any weapons offense under Title 76, Chapter 10, Part 5;
(q) pornographic and harmful materials and performances offenses under Title 76, Chapter 10, Part 12;
(r) prostitution and related offenses under Title 76, Chapter 10, Part 13;
(s) any violation of Title 76, Chapter 10, Part 15, Bus Passenger Safety Act;
(t) any violation of Title 76, Chapter 10, Part 16, Pattern of Unlawful Activity Act;
(u) communications fraud as defined in Section 76-10-1801;
(v) any violation of Title 76, Chapter 10, Part 19, Money Laundering and Currency Transaction Reporting Act; and
(w) burglary of a research facility as defined in Section 76-10-2002.
(5) It is not a bar to imposing the enhanced penalties under this section that the persons with whom the actor is alleged to have acted in concert are not identified, apprehended, charged, or convicted, or that any of those persons are charged with or convicted of a different or lesser offense.
Utah § 18.2-46.2. Prohibited criminal street gang participation; penalty.
- Any person who actively participates in or is a member of a criminal street gang and who knowingly and willfully participates in any predicate criminal act committed for the benefit of, at the direction of, or in association with any criminal street gang shall be guilty of a Class 5 felony. However, if such participant in or member of a criminal street gang is age eighteen years or older and knows or has reason to know that such criminal street gang also includes a juvenile member or participant, he shall be guilty of a Class 4 felony.
- Violation of this section shall constitute a separate and distinct offense. If the acts or activities violating this section also violate another provision of law, a prosecution under this section shall not prohibit or bar any prosecution or proceeding under such other provision or the imposition of any penalties provided for thereby.
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GANG RECRUITMENT, THREATS, INTIMIDATION
Utah § 18.2-46.3. Recruitment of juveniles for criminal street gang; penalty.
Any person age eighteen years or older who solicits, invites, recruits, encourages or otherwise causes or attempts to cause a juvenile to actively participate in or become a member of a criminal street gang shall be guilty of a Class 6 felony.
GANG-RELATED CLOTHING, DRESS CODES, SCHOOL UNIFORMS
Utah 53A-15-602. Uniforms in public schools -- Determination by school board or school -- Patron approval.
(3) The Legislature further recognizes that the wearing of certain types of clothing identifies students as members of youth gangs and has contributed to disruptive behavior and violence in the public schools.
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GANG-RELATED DEFINITIONS
Utah 78-57-102. Definitions.
(1) "Adult" means a person 18 years of age or older.
(2) "Gang activity" means any criminal activity that is conducted as part of an organized youth gang. It includes any criminal activity that is done in concert with other gang members, or done alone if it is to fulfill gang purposes. "Gang activity" does not include graffiti.
(3) "Minor offense" means any unlawful act that is a status offense or would be a class B or C misdemeanor, infraction, or violation of a municipal or county ordinance if the youth were an adult. "Minor offense" does not include:
(a) class A misdemeanors;
(b) felonies of any degree;
(c) any offenses that are committed as part of gang activity;
Utah § 18.2-46.1. Definitions.
As used in this article unless the context requires otherwise or it is otherwise provided:
"Act of violence" means those felony offenses described in subsection A of § 19.2-297.1.
"Criminal street gang" means any ongoing organization, association, or group of three or more persons, whether formal or informal, (i) which has as one of its primary objectives or activities the commission of one or more predicate criminal acts, (ii) which has an identifiable name or identifying sign or symbol, and (iii) whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity.
"Pattern of criminal gang activity" means commission of, attempt to commit, conspiracy to commit, or solicitation of two or more predicate criminal acts, at least one of which is an act of violence, provided such predicate criminal acts (i) were not part of a common act, transaction or scheme or (ii) were committed by two or more persons who are members of, or belong to, the same criminal street gang.
GANGS AND SCHOOLS
Utah 53A-11-902. Conduct and discipline policies and procedures
The conduct and discipline policies required under Section 53A-11-901 shall include:
(7) specific provisions for preventing and responding to gang-related activities in the school, on school grounds, on school vehicles, or in connection with school-related activities or events.
Utah 53A-15-601. Appropriation for program -- Program requirements -- Distribution of funds to school districts
(1) The Legislature shall provide an annual appropriation from the Uniform School Fund to the State Board of Education for a gang prevention and intervention program designed to help students at risk for gang involvement stay in school, enhance their self-
esteem, and improve their intellectual and life skills.
(2) The program shall:
(a) provide independent gang prevention and intervention both inside and outside of school grounds when necessary, including:
(i) meetings with gang members and other students whose activities negatively impact students in the program;
(ii) intervening in situations involving gangs that impact students in the program or can
result in violence;
(iii) in-home visits with families of students in the program designed to encourage parents to become involved in their child's education; and
(iv) notifying law enforcement personnel when a particular problem cannot be defused or when required by law; and
(b) maintaining required individual information including profiles on each student receiving direct services through the program, including:
(i) attendance records;
(ii) academic records; and
(iii) extra-curricular activities.
(3) The program coordinator at each school shall:
(a) be on the school grounds during school hours;
(b) have received training on gang prevention and intervention strategies in the schools;
(c) have an understanding of the cultural backgrounds of gang members and at-risk students and be aware of the potential for gang involvement in all situations; and
(d) have a minimum of one year's experience or on-site training in gang related issues inside the schools.
(4) Individual schools within each school district interested in providing a gang prevention and intervention program shall apply to the school board for funds.
(5) Individual schools shall be required to provide a percentage of the funding necessary for the program in their school, at least one-half of which must be provided through in-kind services. In-kind services may not include office space and support. Percentage requirements shall be as follows:
(a) elementary schools, 12%;
(b) middle, intermediate, or junior high schools, 18%;
(c) high schools, 25%.
(6) Individual schools receiving funds may provide the program to their students by contracting with a private entity whose program meets the requirements set out in Subsections (2) and (3).
Graffiti (view all states for this subject)
Utah 76-6-107. Graffiti defined - Penalties - Removal costs - Reimbursement liability
(1) "Graffiti" means any form of unauthorized printing, writing, spraying, scratching, affixing, or inscribing on the property of another regardless of the content or nature of the material used in the commission of the act.
(2) "Victim" means the person or entity whose property was defaced by the graffiti and bears the expense for its removal.
(3) Graffiti is a:
(a) second degree felony if the damage caused is in excess of $5,000;
(b) third degree felony if the damage caused is in excess of $1,000;
(c) class A misdemeanor if the damage caused is equal to or in excess of $300; and
(d) class B misdemeanor if the damage caused is less than $300.
(4) Damages under Subsection (3) include removal costs, repair costs, or replacement costs, whichever is less.
(5) The court, upon conviction or adjudication, shall order restitution to the victim in the amount of removal, repair, or replacement costs.
(6) An additional amount of $1,000 in restitution shall be added to removal costs if the graffiti is positioned on an overpass or an underpass, requires that traffic be interfered with in order to remove it, or the entity responsible for the area in which the clean-up is to take place must provide assistance in order for the removal to take place safely.
(7) A person who voluntarily and at his own expense, removes graffiti for which he is responsible may be credited for the removal costs against restitution ordered by a court.
Utah 78-11-20.7. Compensatory service - Graffiti penalties
(1) If an offender uses graffiti and is convicted under Section 76-6-106 or 76-6-206 for its use, or adjudicated in the juvenile court under Section 78-3a-118, the court may, as a condition of probation under Subsection 77-18-1(8), in addition to the compensatory or general damage award imposed pursuant to Section 78-11-20, order the offender to clean up graffiti of his own and any other at a time and place within the jurisdiction of the court.
(a) For a first conviction or adjudication, the court may require the offender to clean up graffiti for not less than eight hours.
(b) For a second conviction or adjudication, the court may require the offender to clean up graffiti for not less than 16 hours.
(c) For a third conviction or adjudication, the court may require the offender to clean up graffiti for not less than 24 hours.
(2) Any compensatory service of a person under the age of 18 years which is required, under this section, may be performed in the presence, and under the direct supervision, of the person's parent or legal guardian. The person's parent or legal guardian shall report completion of the order to the court.
(3) The offender convicted under Section 76-6-106, 76-6-206, or 76-6-107 or adjudicated under Section 78-3a-118 or his parent or legal guardian, if applicable, shall be responsible for removal costs as determined under Section 76-6-107, unless waived by the court for good cause.
(4) The court may also require the offender to perform other alternative forms of restitution or repair to the damaged property pursuant to Subsection 77-18-1(8).
Utah 76-6-206. Criminal trespass
(1) For purposes of this section "enter" means intrusion of the entire body.
(2) A person is guilty of criminal trespass if, under circumstances not amounting to burglary as defined in Section 76-6-202, 76-6-203, or 76-6-204:
(a) he enters or remains unlawfully on property and:
(i) intends to cause annoyance or injury to any person or damage to any property, including the use of graffiti as defined in Section 76-6-107;
Utah 78-11-20. Property damage caused by a minor -- Liability of parent or legal guardian
(1) The parent or legal guardian having legal custody of the minor is liable for damages sustained to property not to exceed $2,000 when:
(a) the minor intentionally damages, defaces, destroys, or takes the property of another;
(b) the minor recklessly or willfully shoots or propels a missile, or other object at or against a motor vehicle, bus, airplane, boat, locomotive, train, railway car, or caboose, whether moving or standing; or
(2) For purposes of this section, Subsection (1)(a) or (c) includes graffiti, as defined in Section 76-6-107.
(3) A court may waive part or all of the liability for damages by the parent or legal guardian if the offender is adjudicated in the juvenile court under Section 78-3a-118 only:
(a) upon a finding of good cause; or
(b) if the parent or legal guardian:
(i) made a reasonable effort to restrain the wrongful conduct; and
(ii) reported it to the property owner involved or the law enforcement agency having primary jurisdiction after he knew of the minor's unlawful act. No report is required under this section from a parent or legal guardian if the minor was arrested or apprehended by a peace officer or by anyone acting on behalf of the property owner involved.
