76-6-101. Definitions.

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

Effective 5/3/2023

(1)As used in this part:

(a)"Etching" means defacing, damaging, or destroying hard surfaces by means of an abrasive object, a knife, or an engraving device, or a chemical action which uses any caustic cream, gel, liquid, or solution.

(b)"Fire" means a flame, heat source capable of combustion, or material capable of combustion that is caused, set, or maintained by a person for any purpose.

(c)"Graffiti" means any form of unauthorized printing, writing, spraying, scratching, painting, affixing, etching, or inscribing on the property of another regardless of the content or the nature of the material used in the commission of the act.

(d)"Habitable structure" means a structure that has the apparent purpose of or is used for lodging or assembling persons or conducting business whether a person is actually present or not.

(e)"Property" means:

(i)any form of real property or tangible personal property which is capable of being damaged or destroyed and includes a habitable structure; and

(ii)the property of another, if anyone other than the actor has a possessory or proprietary interest in any portion of the property.

(f)"Value" means:

(i)the market value of the property, if totally destroyed, at the time and place of the offense, or where cost of replacement exceeds the market value; or

(ii)where the market value cannot be ascertained, the cost of repairing or replacing the property within a reasonable time following the offense.

(2)Terms defined in Section 76-1-101.5 apply to this part.

(3)If the property damaged has a value that cannot be ascertained by the criteria set forth in Subsection (1)(f) , the property shall be considered to have a value less than $500.

Amended by Chapter 102 , 2023 General Session

Amended by Chapter 111 , 2023 General Session