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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