76-9-114. Aggravated commercial obstruction.

246 words·~1 min read·/ut/title-76/chapter-9/76-9-114

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:

(i)"Building" means the same as that term is defined in Section 76-9-113 .

(ii)"Business" means the same as that term is defined in Section 76-9-113 .

(iii)"Enter" means the same as that term is defined in Section 76-9-113 .

(b)Terms defined in Section 76-1-101.5 apply to this section.

(2)An actor commits aggravated commercial obstruction if the actor:

(a)enters or remains unlawfully on the premises or in a building of any business;

(b)intends to interfere with the employees, customers, personnel, or operations of the business; and

(c)intends to:

(i)obtain unauthorized control over any merchandise, property, records, data, or proprietary information of the business;

(ii)alter, eradicate, or remove any merchandise, records, data, or proprietary information of the business;

(iii)damage, deface, or destroy any property on the premises of the business;

(iv)commit an assault on any person; or

(v)commit any other felony.

(3)A violation of Subsection

(2)is a second degree felony.

(4)This section does not apply to:

(a)an action protected by the National Labor Relations Act, 29 U.S.C. Sec. 151 et seq., or the Federal Railway Labor Act, 45 U.S.C. Sec. 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.

Enacted by Chapter 173 , 2025 General Session