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Utah

West's Utah Code Annotated. Title 76. Utah Criminal Code. Chapter 6. Offenses Against Property. Part 1. Property Destruction. 76-6-111. Wanton destruction of livestock--Penalties--Seizure and disposition of property

Statute Details
Printable Version
Citation: U.C.A. 1953 76-6-111

Citation: UT ST 76-6-111


Last Checked by Web Center Staff: 11/2013

Summary:   This Utah statute makes wanton destruction of livestock a crime. A person is guilty if that person intentionally or knowingly and without the permission of the owner injures, physically alters, releases, or causes the death of livestock. Wanton destruction of livestock is punishable as a misdemeanor or a felony, depending on the value of the livestock.


Statute in Full:


(1) As used in this section:

(a) “Law enforcement officer” is as defined in Section 53-13-103.

(b) “Livestock” means a domestic animal or fur bearer raised or kept for profit, including:

(i) cattle;

(ii) sheep;

(iii) goats;

(iv) swine;

(v) horses;

(vi) mules;

(vii) poultry; and

(viii) domesticated elk as defined in Section 4-39-102.

(2) Unless authorized by Section 4-25-4, 4-25-5, 4-25-14, 4-39-401, or 18-1-3, a person is guilty of wanton destruction of livestock if that person:

(a) injures, physically alters, releases, or causes the death of livestock; and

(b) does so:

(i) intentionally or knowingly; and

(ii) without the permission of the owner of the livestock.

(3) Wanton destruction of livestock is punishable as a:

(a) class B misdemeanor if the aggregate value of the livestock is $500 or less;

(b) class A misdemeanor if the aggregate value of the livestock is more than $500, but does not exceed $1,500;

(c) third degree felony if the aggregate value of the livestock is more than $1,500, but does not exceed $5,000; and

(d) second degree felony if the aggregate value of the livestock is more than $5,000.

(4) A material, device, or vehicle used in violation of Subsection (2) is subject to forfeiture under the procedures and substantive protections established in Title 24, Chapter 1, Utah Uniform Forfeiture Procedures Act.

(5) A peace officer may seize a material, device, or vehicle used in violation of Subsection (2):

(a) upon notice and service of process issued by a court having jurisdiction over the property; or

(b) without notice and service of process if:

(i) the seizure is incident to an arrest under:

(A) a search warrant; or

(B) an inspection under an administrative inspection warrant;

(ii) the material, device, or vehicle has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding under this section; or

(iii) the peace officer has probable cause to believe that the property has been used in violation of Subsection (2).

(6)(a) A material, device, or vehicle seized under this section is not repleviable but is in custody of the law enforcement agency making the seizure, subject only to the orders and decrees of a court or official having jurisdiction.

(b) A peace officer who seizes a material, device, or vehicle under this section may:

(i) place the property under seal;

(ii) remove the property to a place designated by the warrant under which it was seized; or

(iii) take custody of the property and remove it to an appropriate location for disposition in accordance with law.

CREDIT(S)

Laws 2009, c. 282, § 5, eff. July 1, 2009; Laws 2010, c. 193, § 9, eff. Nov. 1, 2010.

HISTORICAL AND STATUTORY NOTES

Laws 2010, c. 193, § 9, in subsec. (3)(a), substituted “$500” for “$300”; in subsec. (3)(b), substituted “$500” for “$300” and substituted “$1,500” for “$1,000”; and in subsec. (3)(c), substituted “$1,500” for “$1,000”.

 



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