76-9-116. Unlawful deprivation of religious rights.
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Effective 5/6/2026
76-9-116. Unlawful deprivation of religious rights.
(a)As used in this section, "house of worship" means the same as that term is defined in Section 76-11-201 .
(b)Terms defined in Section 76-1-101.5 apply to this section.
(2)An actor commits unlawful deprivation of religious rights if the actor:
(a)in concert with two or more individuals, intentionally or knowingly deprives another individual of the right to enter or exit a house of worship; and
(b)the act described in Subsection (2)(a) is done with the purpose of preventing the individual from exercising the individual's religious liberty rights protected under the First Amendment to the United States Constitution or under Utah Constitution, Article I, Sections 1 and 4.
(3)A violation of Subsection
(2)is a third degree felony.
(a)An individual, or the heirs of a deceased individual, who has been injured by a violation of Subsection
(2)may bring an action against the actor who committed the violation.
(b)If, in the action described in Subsection (4)(a) , the court finds by a preponderance of the evidence that the defendant has committed a violation of Subsection
(2)and that the plaintiff was injured by the actor's violation of Subsection
(2), the court shall, subject to Subsection (4)(c)(ii) , award the plaintiff:
(i)reasonable attorney fees; and
(A)compensatory damages; or
(B)statutory damages of $2,000, whichever is greater.
(i)If an actor at a criminal trial is found not guilty of violating Subsection
(2), the not guilty verdict does not preclude a court from finding that the actor is liable under Subsection (4)(b) .
(ii)If restitution is ordered in the criminal action, the amount ordered shall be deducted from any damages awarded under Subsection (4)(b)(ii) .
(5)This section does not apply to an individual's exercise of the individual's rights under the First Amendment to the United States Constitution or under Utah Constitution, Article I, Section 15.
Enacted by Chapter 368 , 2026 General Session