76-6-207. Burglary of a research facility -- Penalties.
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Effective 5/7/2025
76-6-207. Burglary of a research facility -- Penalties.
(a)As used in this section:
(i)"Building," in addition to its commonly-accepted meaning, means any watercraft, aircraft, trailer, sleeping car, or other structure or vehicle adapted for overnight accommodations of individuals or for carrying on business and includes:
(A)each separately secured or occupied portion of the building or vehicle; and
(B)each structure appurtenant or connected to the building or vehicle.
(ii)"Enter" means:
(A)an intrusion of any part of the body; or
(B)the intrusion of any physical object, sound wave, light ray, electronic signal, or other means of intrusion under the control of the actor.
(iii)"Research" means studious and serious inquiry, examination, investigation, or experimentation aimed at the discovery, examination, or accumulation of facts, data, devices, theories, technologies, or applications done for any public, governmental, proprietorial, or teaching purpose.
(iv)"Research facility" means a building, or separately secured yard, pad, pond, laboratory, pasture, pen, or corral which is not open to the public, the major use of which is to conduct research, to house research subjects, to store supplies, equipment, samples, specimens, records, data, prototypes, or other property used in or generated from research.
(b)Terms defined in Sections 76-1-101.5 and 76-6-201 apply to this section.
(2)An actor commits burglary of a research facility if the actor enters or remains unlawfully in a research facility with the intent to:
(a)obtain unauthorized control over any property, sample, specimen, record, data, test result, or proprietary information in the facility;
(b)alter or eradicate any sample, specimen, record, data, test result, or proprietary information in the facility;
(c)damage, deface, or destroy any property in the facility;
(d)release from confinement or remove any animal or biological vector in the facility regardless of whether or not that animal or vector is dangerous;
(e)commit an assault on an individual;
(f)commit any other felony; or
(g)interfere with the personnel or operations of a research facility through conduct that does not constitute an assault.
(a)A violation of Subsection
(g)is a class A misdemeanor.
(b)A violation of Subsection (2)(a) , (b), (c), (d), (e), or
(f)is a second degree felony.
Renumbered and Amended by Chapter 173 , 2025 General Session