76-17-407. Prohibited conduct concerning a pattern of unlawful activity.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/7/2025

(a)As used in this section, "net proceeds" of a violation of this section means property acquired as a result of the violation minus the direct costs of acquiring the property.

(b)Terms defined in Sections 76-1-101.5 , 76-17-101 , and 76-17-401 apply to this section.

(2)An actor commits prohibited conduct concerning a pattern of unlawful activity if the actor:

(i)has received proceeds derived, whether directly or indirectly, from a pattern of unlawful activity in which the actor has participated as a principal; and

(ii)uses or invests, directly or indirectly, any part of the income described in Subsection (2)(a)(i) , or the proceeds of the income, or the proceeds derived from the investment or use of those proceeds, in the acquisition of an interest in, or the establishment or operation of, an enterprise;

(b)acquires or maintains, directly or indirectly, through a pattern of unlawful activity, an interest in or control of an enterprise;

(i)is employed by or associated with an enterprise; and

(ii)conducts or participates, whether directly or indirectly, in the conduct of the enterprise's affairs through a pattern of unlawful activity; or

(d)conspires to violate Subsection (2)(a) , (b), or (c).

(3)A violation of Subsection

(2)is a second degree felony.

(4)In addition to penalties prescribed by law, the court may order an actor to pay to the state, if the attorney general brought the action, or to the county, if the county attorney or district attorney brought the action, the costs of investigating and prosecuting the offense and the costs of securing the forfeitures provided for in this section.

(5)In lieu of a fine otherwise authorized by law for a violation of this section, an actor who derives net proceeds from a conduct prohibited by this section may be fined not more than twice the amount of the net proceeds.

(6)Upon a conviction for a violation of this section, and in addition to a penalty prescribed by law, the court may do any or all of the following:

(a)order restitution to any victim or rightful owner of property obtained, directly or indirectly, from:

(i)the conduct constituting the pattern of unlawful activity; or

(ii)any act or conduct constituting the pattern of unlawful activity that is proven as part of the violation of this section;

(b)order the actor to divest the actor of any interest in or any control, direct or indirect, of an enterprise;

(c)impose reasonable restrictions on the future activities or investments of any person, including prohibiting the person from engaging in the same type of endeavor as the enterprise engaged in, to the extent the Utah Constitution and the Constitution of the United States permit; or

(d)order the dissolution or reorganization of an enterprise.

(7)If a violation of this section is based on a pattern of unlawful activity consisting of acts or conduct in violation of Section 76-5c-202 , 76-5c-203 , 76-5c-204 , 76-5c-205 , 76-5c-206 , or 76-5c-305 , the court may not enter an order that would amount to a prior restraint on the exercise of an affected party's rights under the First Amendment to the Constitution of the United States or Utah Constitution, Article I, Section 15.

Renumbered and Amended by Chapter 173 , 2025 General Session