76-9-113. Commercial obstruction.
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Effective 5/7/2025
76-9-113. Commercial obstruction.
(a)As used in this section:
(A)"Building" means a watercraft, aircraft, trailer, sleeping car, or other structure or vehicle adapted for overnight accommodations of individuals or for carrying on business and includes:
(I)each separately secured or occupied portion of the building or vehicle; and
(II)each structure appurtenant or connected to the building or vehicle.
(B)"Building" includes the commonly accepted meaning of building.
(ii)"Business" means a retail business dealing in tangible personal property.
(iii)"Enter" means:
(A)an intrusion of any part of the body; or
(B)the intrusion of any physical object under the control of the actor.
(b)Terms defined in Section 76-1-101.5 apply to this section.
(2)An actor commits commercial obstruction if the actor:
(a)enters or remains unlawfully on the premises of or in a building of any business; and
(b)intends to interfere with the employees, customers, personnel, or operations of the business.
(3)A violation of Subsection
(2)is a class A misdemeanor.
(4)This section does not apply to:
(a)an action protected by the National Labor Relations Act, 29 U.S.C. Section 151 et seq., or the Federal Railway Labor Act, 45 U.S.C. Section 151 et seq.; or
(b)an individual's exercise of the rights under the First Amendment to the Constitution of the United States or under Utah Constitution, Article I, Section 15.
Renumbered and Amended by Chapter 173 , 2025 General Session