reglab/statecodes huggingface dataset:
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 7 - Corporation Frauds › Section 708 - Refusing inspection of books.

76-10-708.
Refusing inspection of books.
Every officer or agent of any corporation having or keeping an office within this state, who has in his custody or control the books of such corporation, and who refuses to give to a bona fide stockholder of record or member of the corporation, lawfully demanding during office hours, the right to inspect or take a copy of it or of any part thereof, is guilty of a class B misdemeanor.
Enacted by Chapter 196, 1973 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 7 - Corporation Frauds › Section 709 - Presumption of director's knowledge of affairs.

76-10-709.
Presumption of director's knowledge of affairs.
Every director of a corporation or joint stock association is deemed to possess a knowledge of the affairs of his corporation as to enable him to determine whether any act, proceeding, or omission of its directors is a violation of this part.
Amended by Chapter 20, 1995 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 7 - Corporation Frauds › Section 710 - Presumption of director's concurrence in action if present at meeting -- Written dissent required.

76-10-710.
Presumption of director's concurrence in action if present at meeting -- Written dissent required.
Every director of a corporation or joint stock association who is present at a meeting of the directors at which any act, proceeding, or omission of the directors in violation of this part occurs is deemed to have concurred therein, unless he at the time causes, or in writing requires, his dissent therefrom to be entered in the minutes of the directors or forwards his dissent by registered mail to the secretary of the corporation immediately after the adjournment of the meeting.
Enacted by Chapter 196, 1973 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 7 - Corporation Frauds › Section 711 - Foreign corporations subject to laws.

76-10-711.
Foreign corporations subject to laws.
It is no defense to a prosecution for a violation of any of the provisions of this part that the corporation was one created by the laws of another state, government, or country if it was one carrying on business or keeping an office therefor within this state.
Amended by Chapter 20, 1995 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 8 - Nuisances › Section 801 - "Nuisance" defined -- Violation -- Classification of offense.

76-10-801.
"Nuisance" defined -- Violation -- Classification of offense.
(1) A nuisance is any item, thing, manner, condition whatsoever that is dangerous to human life or health or renders soil, air, water, or food impure or unwholesome.
(2) Any person, whether as owner, agent, or occupant who creates, aids in creating, or contributes to a nuisance, or who supports, continues, or retains a nuisance, is guilty of a class B misdemeanor.
Enacted by Chapter 196, 1973 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 8 - Nuisances › Section 802 - Befouling waters.

76-10-802.
Befouling waters.
A person is guilty of a class B misdemeanor if he:
(1) Constructs or maintains a corral, sheep pen, goat pen, stable, pigpen, chicken coop, or other offensive yard or outhouse where the waste or drainage therefrom shall flow directly into the waters of any stream, well, or spring of water used for domestic purposes; or
(2) Deposits, piles, unloads, or leaves any manure heap, offensive rubbish, or the carcass of any dead animal where the waste or drainage therefrom will flow directly into the waters of any stream, well, or spring of water used for domestic purposes; or
(3) Dips or washes sheep in any stream, or constructs, maintains, or uses any pool or dipping vat for dipping or washing sheep in such close proximity to any stream used by the inhabitants of any city or town for domestic purposes as to make the waters thereof impure or unwholesome; or
(4) Constructs or maintains any corral, yard, or vat to be used for the purpose of shearing or dipping sheep within 12 miles of any city or town, where the refuse or filth from the corral or yard would naturally find its way into any stream of water used by the inhabitants of any city or town for domestic purposes; or
(5) Establishes and maintains any corral, camp, or bedding place for the purpose of herding, holding, or keeping any cattle, horses, sheep, goats, or hogs within seven miles of any city or town, where the refuse or filth from the corral, camp, or bedding place will naturally find its way into any stream of water used by the inhabitants of any city or town for domestic purposes.
Enacted by Chapter 196, 1973 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 8 - Nuisances › Section 803 - "Public nuisance" defined -- Agricultural operations -- Critical infrastructure materials operations.

Effective 5/14/2019
76-10-803.
"Public nuisance" defined -- Agricultural operations -- Critical infrastructure materials operations.
(1) A public nuisance is a crime against the order and economy of the state and consists in unlawfully doing any act or omitting to perform any duty, which act or omission:
(a) annoys, injures, or endangers the comfort, repose, health, or safety of three or more persons;
(b) offends public decency;
(c) unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous for passage, any lake, stream, canal, or basin, or any public park, square, street, or highway;
(d) is a nuisance as described in Section 78B-6-1107; or
(e) in any way renders three or more persons insecure in life or the use of property.
(2) An act which affects three or more persons in any of the ways specified in this section is still a nuisance regardless of the extent to which the annoyance or damage inflicted on individuals is unequal.
(3)
(a) Activities conducted in the normal and ordinary course of agricultural operations, as defined in Section 4-44-102, and conducted in accordance with sound agricultural practices are presumed to be reasonable and not constitute a public nuisance under Subsection (1).
(b) Agricultural operations undertaken in conformity with federal, state, and local laws and regulations, including zoning ordinances, are presumed to be operating within sound agricultural practices.
(4)
(a) Activities conducted in the normal and ordinary course of critical infrastructure materials operations, as defined in Subsection 78B-6-1101(8), and conducted in accordance with sound critical infrastructure materials practices are presumed to be reasonable and not constitute a public nuisance under Subsection (1).
(b) Critical infrastructure materials operations undertaken in conformity with federal, state, and local laws and regulations, including zoning ordinances, are presumed to be operating within sound critical infrastructure materials operations.
Amended by Chapter 81, 2019 General Session
Amended by Chapter 227, 2019 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 8 - Nuisances › Section 804 - Maintaining, committing or failing to remove public nuisance -- Classification of offense.

76-10-804.
Maintaining, committing or failing to remove public nuisance -- Classification of offense.
Every person who maintains or commits any public nuisance, the punishment for which is not otherwise prescribed, or who willfully omits to perform any legal duty relating to the removal of a public nuisance, is guilty of a class B misdemeanor.
Enacted by Chapter 196, 1973 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 8 - Nuisances › Section 805 - Carcass or offal -- Prohibitions relating to disposal -- Classification of offense.

76-10-805.
Carcass or offal -- Prohibitions relating to disposal -- Classification of offense.
Every person who puts the carcass of any dead animal, or the offal from any slaughter pen, corral, or butcher shop into any river, creek, pond, street, alley, or public highway, or road in common use, or who attempts to destroy it by fire, within one-fourth of a mile of any city or town is guilty of a class B misdemeanor.
Enacted by Chapter 196, 1973 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 8 - Nuisances › Section 806 - Action for abatement of public nuisance.

76-10-806.
Action for abatement of public nuisance.
The county attorney of the county where the public nuisance exists, upon direction of the county executive, or city attorney of the city where the public nuisance exists, upon direction of the board of city commissioners, or attorney general, upon direction of the governor, or any of the above attorneys without the necessity of direction, is empowered to institute an action in the name of the county, city, or state, as the case may be, to abate a public nuisance. The action shall be brought in the district court of the district where the public nuisance exists and shall be in the form prescribed by the Rules of Civil Procedure of the State of Utah for injunctions, but none of the above attorneys shall be required to execute a bond with respect to the action. If the action is instituted, however, to abate the distribution or exhibition of material alleged to offend public decency, the action shall be in the form prescribed by the Rules of Civil Procedure of Utah for injunctions, but no restraining order or injunction shall issue except upon notice to the person sought to be enjoined; and that person shall be entitled to a trial of the issues commencing within three days after filing of an answer to the complaint and a decision shall be rendered by the court within two days after the conclusion of the trial. As used in this part, "distribute," "exhibit," and "material" mean the same as provided in Section 76-10-1201.
Amended by Chapter 227, 1993 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 8 - Nuisances › Section 807 - Violation of order enjoining a public nuisance.

76-10-807.
Violation of order enjoining a public nuisance.
A person who knowingly violates any judgment or order abating or otherwise enjoining a public nuisance as defined under Section 76-10-803 is guilty of a class B misdemeanor.
Enacted by Chapter 99, 2010 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 8 - Nuisances › Section 808 - Relief granted for public nuisance.

Effective 5/12/2015
76-10-808.
Relief granted for public nuisance.
If the existence of a public nuisance as defined by Subsection 76-10-803(1)(b) is admitted or established, either in a civil or criminal proceeding, a judgment shall be entered which shall:
(1) permanently enjoin each defendant and any other person from further maintaining the nuisance at the place complained of and each defendant from maintaining such nuisance elsewhere;
(2) direct the person enjoined to surrender to the sheriff of the county in which the action was brought any material in his possession which is subject to the injunction, and the sheriff shall seize and destroy this material; and
(3) without proof of special injury direct that an accounting be had and all money and other consideration paid as admission to view any motion picture film determined to constitute a public nuisance, or paid for any publication determined to constitute a public nuisance, in either case without deduction for expenses, be forfeited and paid into the general fund of the county where the nuisance was maintained.
Amended by Chapter 258, 2015 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 10 - Trademarks, Trade Names, and Devices › Section 1001 - Definitions.

76-10-1001.
Definitions.
For the purpose of this part:
(1) "Forged trademark," "forged trade name," "forged trade device," and "counterfeited trademark," "counterfeited trade name," "counterfeited trade device," or their equivalents, as used in this part, include every alteration or imitation of any trademark, trade name, or trade device so resembling the original as to be likely to deceive.
(2) "Trademark" or "trade name" or "trade device," as used in this part, includes every trademark registrable with the Division of Corporations and Commercial Code.
Amended by Chapter 66, 1984 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 10 - Trademarks, Trade Names, and Devices › Section 1002 - Forging or counterfeiting trademark, trade name or trade device.

76-10-1002.
Forging or counterfeiting trademark, trade name or trade device.
Every person who willfully forges or counterfeits, or procures to be forged or counterfeited, any trademark, trade name, or trade device, usually affixed by any person, or by any association or union of workingmen, to his or its goods, which has been filed with the Division of Corporations and Commercial Code, with intent to pass off any goods to which the forged or counterfeited trademark, trade name, or trade device is affixed, or intended to be affixed, as the goods of the person or association or union of workingmen, is guilty of a class B misdemeanor.
Amended by Chapter 66, 1984 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 10 - Trademarks, Trade Names, and Devices › Section 1003 - Selling goods under counterfeited trademark, trade name or trade device.

76-10-1003.
Selling goods under counterfeited trademark, trade name or trade device.
Every person who sells or keeps for sale any goods upon or to which any counterfeited trademark, trade name, or trade device has been affixed, after it has been filed with the Division of Corporations and Commercial Code, intending to represent the goods as the genuine goods of another, knowing it to be counterfeited, is guilty of a class B misdemeanor.
Amended by Chapter 66, 1984 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 10 - Trademarks, Trade Names, and Devices › Section 1004 - Sales in containers bearing registered trademark of substituted articles.

76-10-1004.
Sales in containers bearing registered trademark of substituted articles.
Every person who has or uses any container or similar article bearing or having in any way connected with it the registered trademark of another for the purpose of disposing, with intent to deceive or defraud, of any article or substance other than that which the container or similar article originally contained or was connected with by the owner of such trademark is guilty of a class B misdemeanor.
Enacted by Chapter 196, 1973 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 10 - Trademarks, Trade Names, and Devices › Section 1005 - Using, destroying, concealing or possessing articles with registered trademark or service mark to deprive owner of use or possession -- Exception.

76-10-1005.
Using, destroying, concealing or possessing articles with registered trademark or service mark to deprive owner of use or possession -- Exception.
Every person who, without the consent of the owner of an article bearing the owner's validly registered trademark or service mark, uses, destroys, conceals, or possesses the article or who defaces or otherwise conceals the trademark or service mark upon the article with intent to deprive the owner of the use or possession of the article is guilty of a class B misdemeanor; provided, however, that nothing contained in this part shall be construed to apply to or restrict the transfer or use of wooden boxes or the re-use of burlap or cotton bags or sacks when those bags or sacks have been reversed inside out or the markings thereon have been concealed or obliterated to effectively demonstrate that the products contained therein do not purport to be the products of the owner of the registered trademark or service mark theretofore put upon those bags.
Amended by Chapter 20, 1995 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 10 - Trademarks, Trade Names, and Devices › Section 1006 - Selling or dealing with articles bearing registered trademark or service mark with intent to defraud.

76-10-1006.
Selling or dealing with articles bearing registered trademark or service mark with intent to defraud.
Every person who, without the consent of the owner of an article bearing the owner's validly registered trademark or service mark, knowingly sells or traffics in the articles or who withholds the articles from the owner thereof with intent to defraud the owner thereof is guilty of a class B misdemeanor.
Enacted by Chapter 196, 1973 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 10 - Trademarks, Trade Names, and Devices › Section 1007 - Use of registered trademark without consent.

76-10-1007.
Use of registered trademark without consent.
Every person who adopts or in any way uses the registered trademark of another without the consent of the owner thereof, is guilty of a class B misdemeanor.
Enacted by Chapter 196, 1973 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 10 - Trademarks, Trade Names, and Devices › Section 1008 - Inspections by trade commission.

76-10-1008.
Inspections by trade commission.
Subject to the provisions of Section 76-10-1009 of this part, the Utah State Trade Commission may, for purposes of enforcement of this part, inspect the premises of any business operating in this state during regular business hours.
Amended by Chapter 20, 1995 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 10 - Trademarks, Trade Names, and Devices › Section 1009 - Violation as unfair trade practice and unfair competition -- Investigation and enforcement proceedings by trade commission.

76-10-1009.
Violation as unfair trade practice and unfair competition -- Investigation and enforcement proceedings by trade commission.
Violation of a provision of this part is hereby declared to be an unfair trade practice and an unfair method of competition. The Utah state trade commission shall have jurisdiction over violations and may proceed against a violator as provided by the trade commission act. The trade commission may institute an investigation upon receiving an informal complaint from a person who claims to have been injured by the violation of this part. Upon receiving a sworn complaint from a person claiming to be injured by a violation of this part, the trade commission must institute an investigation. If evidence of a violation is found by the commission or is produced by the complainant, the commission must take appropriate enforcement proceedings as provided in the trade commission act.
Enacted by Chapter 196, 1973 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 10 - Trademarks, Trade Names, and Devices › Section 1010 - Action by law enforcement agencies on complaints.

76-10-1010.
Action by law enforcement agencies on complaints.
Nothing in this part providing for enforcement by the trade commission shall be construed to deprive law enforcement agencies from assuming jurisdiction and acting upon a proper complaint as provided by law.
Enacted by Chapter 196, 1973 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 11 - Gambling › Section 1101.5 - General culpability requirement applicable.

Effective 3/28/2020
76-10-1101.5.
General culpability requirement applicable.
Nothing in this part preempts or makes inapplicable the provisions of Title 76, Chapter 2, Part 1, Culpability Generally.
Enacted by Chapter 291, 2020 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 11 - Gambling › Section 1102 - Gambling.

Effective 3/28/2020
76-10-1102.
Gambling.
(1) A person is guilty of gambling if the person:
(a) participates in gambling or fringe gambling, including any Internet or online gambling;
(b) knowingly permits gambling or fringe gambling to be played, conducted, or dealt upon or in any real or personal property owned, rented, or under the control of the actor, whether in whole or in part; or
(c) knowingly allows the use of any video gaming device that is:
(i) in any business establishment or public place; and
(ii) accessible for use by any person within the establishment or public place.
(2) Gambling is a class B misdemeanor, except that any person who is convicted two or more times under this section is guilty of a class A misdemeanor.
(3)
(a) A person is guilty of a third degree felony who intentionally provides or offers to provide any form of Internet or online gambling to any person in this state.
(b) Subsection (3)(a) does not apply to an Internet service provider, a hosting company as defined in Section 76-10-1230, a provider of public telecommunications services as defined in Section 54-8b-2, or an Internet advertising service by reason of the fact that the Internet service provider, hosting company, Internet advertising service, or provider of public telecommunications services:
(i) transmits, routes, or provides connections for material without selecting the material; or
(ii) stores or delivers the material at the direction of a user.
(4) If any federal law authorizes Internet gambling in the states and that federal law provides that individual states may opt out of Internet gambling, this state shall opt out of Internet gambling in the manner provided by federal law and within the time frame provided by that law.
(5) Regardless of whether a federal law is enacted that authorizes Internet gambling in the states, this section acts as this state's prohibition of any gambling, including Internet gambling, in this state.
Amended by Chapter 291, 2020 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 11 - Gambling › Section 1103 - Gambling fraud.

Effective 5/14/2019
76-10-1103.
Gambling fraud.
(1) A person is guilty of gambling fraud if the person participates in gambling or fringe gambling and wins or acquires to himself or herself or another any gambling proceeds when the person knows the person has a lesser risk of losing or greater chance of winning than one or more of the other participants, and the risk is not known to all participants.
(2) A person convicted of gambling fraud is punished as in the case of theft of property of like value.
Amended by Chapter 185, 2019 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 11 - Gambling › Section 1104 - Gambling promotion.

Effective 3/28/2020
76-10-1104.
Gambling promotion.
(1) A person is guilty of gambling promotion if the person derives or intends to derive an economic benefit other than personal winnings from gambling or fringe gambling and:
(a) the person induces or aids another to engage in gambling or fringe gambling; or
(b) the person knowingly invests in, finances, owns, controls, supervises, manages, or participates in any gambling or fringe gambling.
(2) Gambling promotion is a class A misdemeanor, except that any person who is twice convicted under this section is guilty of a third degree felony.
Amended by Chapter 291, 2020 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 11 - Gambling › Section 1104.5 - Advertisement or solicitation for participation in lotteries -- Void in Utah.

76-10-1104.5.
Advertisement or solicitation for participation in lotteries -- Void in Utah.
(1) For purposes of this section:
(a) "Conspicuously printed" means printed in either larger or bolder type size than the adjacent and surrounding material so as to be clearly legible to any person viewing the print.
(b) "Lottery" means the same as defined in Section 76-10-1101.
(2) It is unlawful for any person to distribute or disseminate any advertisement or other written or printed material containing an advertisement or solicitation for participation in any lottery unless the advertisement or solicitation contains or includes the words "Void in Utah" conspicuously printed.
(3)
(a) Any person who is convicted of violating Subsection (2) shall be fined the sum of $2,500.
(b) Any person who is twice or more convicted under this section shall be fined the sum of $10,000.
Enacted by Chapter 182, 2001 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 11 - Gambling › Section 1105 - Possessing a gambling device or record.

Effective 3/28/2020
76-10-1105.
Possessing a gambling device or record.
(1) A person is guilty of possessing a gambling device or record if the person knowingly possesses the gambling device or record with intent to use the gambling device or record in gambling or fringe gambling.
(2) Possession of a gambling device or record is a class A misdemeanor, except that any person who is convicted two or more times under this section is guilty of a third degree felony.
Amended by Chapter 291, 2020 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 11 - Gambling › Section 1106 - Duty of prosecuting attorney or law enforcement officer to prosecute offenses.

76-10-1106.
Duty of prosecuting attorney or law enforcement officer to prosecute offenses.
All prosecuting attorneys, sheriffs, constables, and peace officers who have reasonable cause to believe any person has violated any provisions of this part shall diligently prosecute those persons.
Amended by Chapter 118, 1990 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 11 - Gambling › Section 1108 - Seizure and disposition of gambling debts or proceeds.

Effective 5/3/2023
76-10-1108.
Seizure and disposition of gambling debts or proceeds.
Any gambling bets or gambling proceeds which are reasonably identifiable as having been used or obtained in violation of this part may be seized and are subject to forfeiture proceedings in accordance with Title 77, Chapter 11b, Forfeiture of Seized Property.
Amended by Chapter 448, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 11 - Gambling › Section 1109 - Confidence game -- Punishment as for theft -- Description in charge.

76-10-1109.
Confidence game -- Punishment as for theft -- Description in charge.
(1) Any person who obtains or attempts to obtain from any other person any money or property by any means, instrument or device commonly called a confidence game shall be punished as in the case of theft of property of like value.
(2) In every indictment, information, or complaint under this section, it shall be deemed and held a sufficient description of the offense to charge that the accused did, on, ____ (insert the date) unlawfully and knowingly obtain or attempt to obtain (as the case may be) from ____, (insert the name of the person or persons defrauded or attempted to be defrauded) his money or property (as the case may be) by means and by use of a confidence game.
Enacted by Chapter 196, 1973 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 11 - Gambling › Section 1110 - Fringe gaming devices.

Effective 3/28/2020
76-10-1110.
Fringe gaming devices.
(1) Notwithstanding any other provision in Title 76, Chapter 10, Offenses Against Public Health, Safety, Welfare, and Morals, it is unlawful for any person to derive or intend to derive an economic benefit from a fringe gaming device by:
(a) permitting a fringe gaming device to be located on or in any real or personal property owned, rented, or under the control of the person;
(b) allowing individual or public access or use of a fringe gaming device as part of any business owned or operated by the person;
(c) inducing or aiding a person to use a fringe gaming device;
(d) investing in, financing, owning, controlling, or otherwise managing a fringe gaming device; or
(e) possessing a fringe gaming device with the intent to use or allow another to use the fringe gaming device.
(2) Subsection (1) applies regardless of whether the fringe gaming device:
(a) is server-based;
(b) uses a simulated game terminal as a representation of a prize associated with the results of a sweepstakes entry;
(c) uses a simulated game to influence or determine the result of the simulated game or the value of a prize;
(d) selects the winner of a prize from a predetermined or finite pool of entries;
(e) includes a pre-reveal feature;
(f) predetermines a prize and reveals the prize at the time a sweepstakes entry result is revealed;
(g) requires deposit of any money, coin, token, or gift certificate, or the use of a credit card, debit card, prepaid card, or any other method of payment to activate the device;
(h) requires direct payment into the machine or device or remote activation of the device;
(i) requires a purchase of a related product regardless of whether the product has legitimate value;
(j) reveals the prize incrementally, regardless of whether a prize is awarded; or
(k) includes a skill-based game.
(3) Each violation of this section is a separate offense.
(4) A person who violates this section is guilty of:
(a) a class A misdemeanor for the first offense; or
(b) a third degree felony for a subsequent offense.
Enacted by Chapter 291, 2020 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 11 - Gambling › Section 1112 - Local control.

Effective 5/3/2023
76-10-1112.
Local control.
(1) Nothing in this part preempts or otherwise limits the authority of a county or municipality to enact a local ordinance related to gambling or fringe gambling.
(2) In accordance with Title 77, Chapter 11a, Seizure of Property and Contraband, a county or municipality may seize gambling debts, gambling proceeds, or fringe gaming devices that are reasonably identifiable as being obtained or provided in violation of this part or a local ordinance.
Amended by Chapter 448, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 11 - Gambling › Section 1113 - Cause of action.

Effective 3/28/2020
76-10-1113.
Cause of action.
(1) An individual who suffers economic loss as a result of a fringe gaming device, video gaming device, or gambling device or record may bring a cause of action against a person who operates or receives revenue from the fringe gaming device, video gaming device, or gambling device or record to recover damages, costs, and attorney fees.
(2) An individual who brings suit under Subsection (1) may recover twice the amount of the economic loss described in Subsection (1).
Enacted by Chapter 291, 2020 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 12 - Pornographic and Harmful Materials and Performances › Section 1203 - Pornographic material or performance -- Expert testimony not required.

76-10-1203.
Pornographic material or performance -- Expert testimony not required.
(1) Any material or performance is pornographic if:
(a) The average person, applying contemporary community standards, finds that, taken as a whole, it appeals to prurient interest in sex;
(b) It is patently offensive in the description or depiction of nudity, sexual conduct, sexual excitement, sadomasochistic abuse, or excretion; and
(c) Taken as a whole it does not have serious literary, artistic, political or scientific value.
(2) In prosecutions under this part, where circumstances of production, presentation, sale, dissemination, distribution, exhibition, or publicity indicate that the matter is being commercially exploited by the defendant for the sake of its prurient appeal, this evidence is probative with respect to the nature of the matter and can justify the conclusion that, in the context in which it is used, the matter has no serious literary, artistic, political, or scientific value.
(3) Neither the prosecution nor the defense shall be required to introduce expert witness testimony as to whether the material or performance is or is not harmful to adults or minors or is or is not pornographic, or as to any element of the definition of pornographic, including contemporary community standards.
Amended by Chapter 92, 1977 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 12 - Pornographic and Harmful Materials and Performances › Section 1205 - Inducing acceptance of pornographic material -- Exemptions for Internet service providers and hosting companies.

Effective 7/1/2021
76-10-1205.
Inducing acceptance of pornographic material -- Exemptions for Internet service providers and hosting companies.
(1) A person is guilty of inducing acceptance of pornographic material when he knowingly:
(a) requires or demands as a condition to a sale, allocation, consignment, or delivery for resale of any newspaper, magazine, periodical, book, publication, or other merchandise that the purchaser or consignee receive any pornographic material or material reasonably believed by the purchaser or consignee to be pornographic; or
(b) denies, revokes, or threatens to deny or revoke a franchise, or to impose any penalty, financial or otherwise, because of the failure or refusal to accept pornographic material or material reasonably believed by the purchaser or consignee to be pornographic.
(2)
(a) An offense under this section is a third degree felony punishable by:
(i) a minimum mandatory fine of not less than $1,000 plus $10 for each article exhibited up to the maximum allowed by law; and
(ii) incarceration, without suspension of sentence in any way, for a term of not less than 30 days.
(b) This Subsection (2) supersedes Section 77-18-105.
(3)
(a) This section does not apply to an Internet service provider, as defined in Section 76-10-1230, if:
(i) the distribution of pornographic material by the Internet service provider occurs only incidentally through the Internet service provider's function of:
(A) transmitting or routing data from one person to another person; or
(B) providing a connection between one person and another person;
(ii) the Internet service provider does not intentionally aid or abet in the distribution of the pornographic material; and
(iii) the Internet service provider does not knowingly receive funds from or through a person who distributes the pornographic material in exchange for permitting the person to distribute the pornographic material.
(b) This section does not apply to a hosting company, as defined in Section 76-10-1230, if:
(i) the distribution of pornographic material by the hosting company occurs only incidentally through the hosting company's function of providing data storage space or data caching to a person;
(ii) the hosting company does not intentionally engage, aid, or abet in the distribution of the pornographic material; and
(iii) the hosting company does not knowingly receive funds from or through a person who distributes the pornographic material in exchange for permitting the person to distribute, store, or cache the pornographic material.
Amended by Chapter 260, 2021 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 12 - Pornographic and Harmful Materials and Performances › Section 1207 - Use of real property by tenant or occupant -- Voiding of lease -- Allowance of such use by owner or lessor.

76-10-1207.
Use of real property by tenant or occupant -- Voiding of lease -- Allowance of such use by owner or lessor.
(1) If a tenant or occupant of real property uses this property for an activity for which he or his employee is convicted under any provision of this part, the conviction makes void the lease or other title under which he holds at the option of the fee owner or any intermediate lessor; and 10 days after the fee owner or any intermediate lessor gives notice in writing to the tenant or occupant that he is exercising the option, the right of possession to the property reverts in the person exercising the option. This option does not arise until all avenues of direct appeal from the conviction have been exhausted or abandoned by the tenant or occupant, or his employee.
(2) It shall be unlawful for a fee owner or intermediate lessor of real property to knowingly allow this property to be used for the purpose of distributing or exhibiting pornographic materials, or for pornographic performances, by a tenant or occupant if the tenant or occupant, or his employee, has been convicted under any provision of this part of an offense occurring on the same property and all avenues of direct appeal from the conviction have been exhausted or abandoned.
(a) "Allow" under this subsection (2) means a failure to exercise the option arising under subsection (1) within 10 days after the fee owner or lessor receives notice in writing from the county attorney of the county where the property is situated, or if situated in a city of the first or second class, from the city attorney of that city, that the property is being used for a purpose prohibited by this subsection (2).
(b) A willful violation of this subsection (2) is a class A misdemeanor and any fine assessed, if not paid within 30 days after judgment, shall become a lien upon the property.
(3) Any tenant or occupant who receives a notice in writing that the fee owner or intermediate lessor is exercising the option provided by subsection (1) and who does not quit the premises within 10 days after the giving of that notice is guilty of a class A misdemeanor.
Enacted by Chapter 92, 1977 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 12 - Pornographic and Harmful Materials and Performances › Section 1207.5 - Exemption -- Corrections treatment, programs.

76-10-1207.5.
Exemption -- Corrections treatment, programs.
This part does not apply to the Department of Corrections or any treatment program by or under contract with the department when the use of sexually explicit material that is pornographic is limited to the assessment or treatment of an offender as defined under Section 64-13-1.
Enacted by Chapter 138, 1990 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 12 - Pornographic and Harmful Materials and Performances › Section 1208 - Affirmative defenses.

76-10-1208.
Affirmative defenses.
(1) It is an affirmative defense to prosecution under this part that the distribution of pornographic material is restricted to institutions or persons having scientific, educational, governmental, or other similar justification for possessing pornographic material.
(2) It is not a defense to prosecution under this part that the actor is a motion picture projectionist, usher, ticket-taker, bookstore employee, or otherwise is required to violate this part incident to the person's employment.
(3) It is an affirmative defense to prosecution under Section 76-10-1206, 76-10-1227, or 76-10-1228 for displaying or exhibiting an outer portion of material, that the material is:
(a) in a sealed opaque wrapper that covers at least the lower 2/3 of the material so that the lower 2/3 of the material is concealed from view;
(b) placed behind a blinder rack; or
(c) displayed in an area from which a minor is physically excluded if the material cannot be viewed by the minor from an area in which a minor is allowed.
Amended by Chapter 123, 2007 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 12 - Pornographic and Harmful Materials and Performances › Section 1209 - Injunctive relief -- Jurisdiction -- Consent to be sued.

76-10-1209.
Injunctive relief -- Jurisdiction -- Consent to be sued.
(1) The district courts of this state shall have full power, authority, and jurisdiction, upon application by any county attorney or city attorney within their respective jurisdictions or the attorney general, to issue any and all proper restraining orders, preliminary and permanent injunctions, and any other writs and processes appropriate to carry out and enforce the provisions of this part. No restraining order or injunction, however, shall issue except upon notice to the person sought to be enjoined. That person shall be entitled to a trial of the issues commencing within three days after filing of an answer to the complaint and a decision shall be rendered by the court within two days after the conclusion of the trial. If a final order or judgment of injunction is entered against the person sought to be enjoined, this final order or judgment shall contain a provision directing the person to surrender to the sheriff of the county in which the action was brought any pornographic material in the person's possession which is subject to the injunction; and the sheriff shall be directed to seize and destroy this material.
(2) Any person not qualified to do business in the state who sends or brings any pornographic material into the state with the intent to distribute or exhibit it to others in this state consents that the person may be sued in any proceedings commenced under this section.
Amended by Chapter 43, 2010 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 12 - Pornographic and Harmful Materials and Performances › Section 1210 - Relation to other laws.

76-10-1210.
Relation to other laws.
(1)
(a) It is not the intent of this part to prescribe or limit the regulation of pornographic materials or materials harmful to minors, and counties, cities, and other political subdivisions are specifically given the right to further regulate the materials.
(b) Without limitation, a political subdivision may further regulate materials by ordinances relating to:
(i) zoning;
(ii) licensing;
(iii) public nuisances;
(iv) a specific type of business such as adult bookstores or drive-in movies; or
(v) use of blinder racks.
(2) It is not the intent of this part to preclude the application of other laws of this state to pornographic materials or materials harmful to minors. Specifically, without limitation, this part is not in derogation of Sections 76-10-803 and 76-10-806.
(3) The commission of a crime under this part shall be considered to offend public decency under Section 76-10-803. It is the intent of this part to give the broadest meaning permissible under the federal and state constitutions to the words "offends public decency" in Section 76-10-803.
Amended by Chapter 123, 2007 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 12 - Pornographic and Harmful Materials and Performances › Section 1211 - Separability clause.

76-10-1211.
Severability clause.
If any clause, sentence, paragraph, or part of this part or its application to any person or circumstance shall for any reason be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect, impair, or invalidate the remainder of this part or its application to other persons or circumstances but shall be confined in its operation to the clause, sentence, paragraph, persons, or circumstances, or part thereof directly involved in the controversy in which the judgment shall have been rendered.
Amended by Chapter 20, 1995 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 12 - Pornographic and Harmful Materials and Performances › Section 1213 - Corporate defendants -- Summons -- Subpoena duces tecum.

76-10-1213.
Corporate defendants -- Summons -- Subpoena duces tecum.
(1)
(a) The attendance in court of a corporation for purposes of commencing or prosecuting a criminal action against it under this part may be accomplished by the issuance and service of a summons. A summons shall be issued by a magistrate if he finds probable cause that material in the possession of the corporation against which the summons is sought is pornographic or harmful to minors, which finding shall be upon affidavit describing with specificity the material alleged to be pornographic or harmful to minors or by another manner or means the magistrate finds necessary.
(b) Where practical, the material alleged to be pornographic or harmful to minors shall be attached to the affidavit so as to afford the magistrate the opportunity to examine this material.
(c) The summons must be served upon the corporation by delivery of it to an officer, director, managing or general agent, or cashier, or assistant cashier of the corporation.
(2) The production of material alleged to be pornographic or harmful to minors in any proceedings under this part against a corporation may be compelled by the issuance and service of a subpoena duces tecum. This section does not prohibit or limit the use of a subpoena duces tecum in proceedings against natural persons under this part.
Amended by Chapter 53, 2000 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 12 - Pornographic and Harmful Materials and Performances › Section 1214 - Conspiracy -- Punishment.

Effective 7/1/2021
76-10-1214.
Conspiracy -- Punishment.
(1)
(a) A conspiracy of two or more persons to commit any offense proscribed by this part is a third degree felony punishable for each separate offense by a minimum mandatory fine of not less than $1,000 and by imprisonment, without suspension of sentence in any way, for a term of not less than 60 days.
(b) This subsection supersedes Section 77-18-105.
(2)
(a) If a defendant has already been convicted once under this section, each separate further offense is a second degree felony punishable by a minimum mandatory fine of not less than $5,000 and by imprisonment, without suspension of sentence in any way, for a term of not less than one year.
(b) This subsection supersedes Section 77-18-105.
Amended by Chapter 260, 2021 General Session