reglab/statecodes huggingface dataset:
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 14 - Regulation of Metal Dealers › Section 1404.1 - Unlawful failure to maintain required notice to sellers.

Effective 5/3/2023
76-6-1404.1.
Unlawful failure to maintain required notice to sellers.
(1) Terms defined in Sections 76-1-101.5 and 76-6-1402 apply to this section.
(2) A dealer commits unlawful failure to maintain required notice to sellers if the dealer violates a requirement under Section 76-6-1404.
(3)
(a)
(i) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class C misdemeanor.
(ii) A dealer who is convicted of a class C misdemeanor under this section is subject to a mandatory fine of no less than $750.
(b)
(i) A violation of Subsection (2) is a class A misdemeanor if the dealer previously has been convicted of a violation of this section or Section 76-6-1403.1, 76-6-1405.1, 76-6-1406.1, or 76-6-1409.1.
(ii) A dealer who is convicted of a class A misdemeanor under this section is subject to a mandatory fine of no less than $2,500.
(4)
(a) This section does not impair the authority of a county or municipality in this state to license, tax, and regulate any junk dealer or metal dealer, except that local regulations may not be any less stringent than the provisions in Section 76-6-1404 or this section.
(b) This section does not impair the authority of a county or municipality to revoke or deny a business license or permit required by that county or municipality regulating the authority to sell, purchase, or possess metal, including the revocation or denial of a business license or permit based on a violation of Section 76-6-1404 or this section.
(c) This section does not prohibit the charging of a seller or dealer with any other criminal offense related to the obtaining, possession, or selling of stolen regulated metals.
Enacted by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 14 - Regulation of Metal Dealers › Section 1405 - Qualifications to sell to dealer.

Effective 5/3/2023
76-6-1405.
Qualifications to sell to dealer.
(1) A dealer may not purchase regulated metal from a person younger than 18 years old.
(2) If the person is unable to comply with all the identification requirements of Subsection 76-6-1403(2), the dealer may not conduct a transaction of regulated metal with that person.
(3) A dealer who violates this section is subject to the penalties described in Section 76-6-1405.1.
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 14 - Regulation of Metal Dealers › Section 1405.1 - Unlawful failure to comply with qualifications to sell to dealer.

Effective 5/3/2023
76-6-1405.1.
Unlawful failure to comply with qualifications to sell to dealer.
(1) Terms defined in Sections 76-1-101.5 and 76-6-1402 apply to this section.
(2) A dealer commits unlawful failure to comply with qualifications to sell to dealer if the dealer violates a requirement under Section 76-6-1405.
(3)
(a)
(i) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class C misdemeanor.
(ii) A dealer who is convicted of a class C misdemeanor under this section is subject to a mandatory fine of no less than $750.
(b)
(i) A violation of Subsection (2) is a class A misdemeanor if the dealer previously has been convicted of a violation of this section or Section 76-6-1403.1, 76-6-1404.1, 76-6-1406.1, or 76-6-1409.1.
(ii) A dealer who is convicted of a class A misdemeanor under this section is subject to a mandatory fine of no less than $2,500.
(4)
(a) This section does not impair the authority of a county or municipality in this state to license, tax, and regulate any junk dealer or metal dealer, except that local regulations may not be any less stringent than the provisions in Section 76-6-1405 or this section.
(b) This section does not impair the authority of a county or municipality to revoke or deny a business license or permit required by that county or municipality regulating the authority to sell, purchase, or possess metal, including the revocation or denial of a business license or permit based on a violation of Section 76-6-1405 or this section.
(c) This section does not prohibit the charging of a seller or dealer with any other criminal offense related to the obtaining, possession, or selling of stolen regulated metals.
Enacted by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 14 - Regulation of Metal Dealers › Section 1406 - Restrictions on the purchase of regulated metal -- Exemption.

Effective 5/3/2023
76-6-1406.
Restrictions on the purchase of regulated metal -- Exemption.
(1) A dealer may conduct purchase transactions involving regulated metal only between the hours of 6 a.m. and 7 p.m.
(2) Except when the dealer pays a government entity by check for regulated metal, the dealer may not purchase any of the following regulated metal without obtaining and keeping on file reasonable documentation that the seller is an employee, agent, or contractor of a governmental entity who is authorized to sell the item of regulated metal property on behalf of the governmental entity:
(a) a manhole cover or sewer grate;
(b) an electric light pole; or
(c) a guard rail.
(3)
(a) A dealer may not purchase suspect metal without obtaining the information under Subsection (3)(b) identifying the owner of the suspect metal.
(b) The owner of the suspect metal shall provide in writing:
(i) the owner's telephone number;
(ii) the owner's business or residential address, which may not be a post box;
(iii) a copy of the owner's driver license; and
(iv) a signed statement that the person is the lawful owner of the suspect metal and authorizes the seller, identified by name, to sell the suspect metal.
(c) The dealer shall keep the identifying information provided in Subsection (3)(b) on file for not less than one year.
(4) Transactions with businesses that have an established account with the dealer are exempt from the requirements of Subsections (2) and (3) if the business holds a valid business license, and:
(a)
(i) the dealer has on file a statement from the business identifying those employees authorized to sell all metals to the dealer; and
(ii) the dealer conducts regulated metal transactions only with those identified employees of the business and records the name of the employee when recording the transaction;
(b) the dealer has on file reasonable documentation from the business that any person verified as representing the business as an employee, and whom the dealer has verified is an employee, may sell regulated metal; or
(c) the dealer makes payment for regulated metal purchased from a person by issuing a check to the business employing the seller.
(5) If a dealer is a catalytic converter purchaser as defined in Section 13-32a-102, the dealer shall comply with the requirements in Title 13, Chapter 32a, Pawnshop, Secondhand Merchandise, and Catalytic Converter Transaction Information Act.
(6) A dealer who violates this section is subject to the penalties described in Section 76-6-1406.1.
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 14 - Regulation of Metal Dealers › Section 1406.1 - Unlawful failure to follow restrictions on the purchase of regulated metal.

Effective 5/3/2023
76-6-1406.1.
Unlawful failure to follow restrictions on the purchase of regulated metal.
(1) Terms defined in Sections 76-1-101.5 and 76-6-1402 apply to this section.
(2) A dealer commits unlawful failure to follow restrictions on the purchase of regulated metal if the dealer violates a requirement under Section 76-6-1406.
(3)
(a)
(i) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class C misdemeanor.
(ii) A dealer who is convicted of a class C misdemeanor under this section is subject to a mandatory fine of no less than $750.
(b)
(i) A violation of Subsection (2) is a class A misdemeanor if the dealer previously has been convicted of a violation of this section or Section 76-6-1403.1, 76-6-1404.1, 76-6-1405.1, or 76-6-1409.1.
(ii) A dealer who is convicted of a class A misdemeanor under this section is subject to a mandatory fine of no less than $2,500.
(4)
(a) This section does not impair the authority of a county or municipality in this state to license, tax, and regulate any junk dealer or metal dealer, except that local regulations may not be any less stringent than the provisions in Section 76-6-1406 or this section.
(b) This section does not impair the authority of a county or municipality to revoke or deny a business license or permit required by that county or municipality regulating the authority to sell, purchase, or possess metal, including the revocation or denial of a business license or permit based on a violation of Section 76-6-1406 or this section.
(c) This section does not prohibit the charging of a seller or dealer with any other criminal offense related to the obtaining, possession, or selling of stolen regulated metals.
Enacted by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 14 - Regulation of Metal Dealers › Section 1408 - Falsification of seller's statement to dealer.

Effective 5/3/2023
76-6-1408.
Falsification of seller's statement to dealer.
(1) Terms defined in Sections 76-1-101.5 and 76-6-1402 apply to this section.
(2) An actor commits falsification of seller's statement to dealer if the actor:
(a) sells, offers to sell, or attempts to sell regulated metal; and
(b) in providing information required by Section 76-6-1403, 76-6-1405, or 76-6-1406 willfully makes a false statement or provides any untrue information.
(3)
(a)
(i) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class B misdemeanor.
(ii) An actor who is convicted of a class B misdemeanor under this section is subject to a mandatory fine of no less than $1,000.
(b)
(i) A violation of Subsection (2) is a class A misdemeanor if the actor previously has been convicted of a violation of this section.
(ii) An actor who is convicted of a class A misdemeanor under this section is subject to a mandatory fine of no less than $2,500.
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 14 - Regulation of Metal Dealers › Section 1409 - Hold on stolen regulated metal property -- Hold notice.

Effective 5/3/2023
76-6-1409.
Hold on stolen regulated metal property -- Hold notice.
(1)
(a) If a law enforcement agency has reasonable cause to believe that items of regulated metal in the possession of a dealer are stolen, the law enforcement agency may issue a written hold notice.
(b) The hold notice described in Subsection (1)(a) shall:
(i) identify those items of regulated metal alleged to be stolen and subject to hold; and
(ii) inform the dealer of the restrictions imposed on the regulated metal property under Subsection (2).
(2) For 60 days after the date of receiving a hold notice, a dealer may not process or remove from the dealer's place of business any regulated metal identified in the hold notice, unless the property is released earlier by the law enforcement agency or by order of a court of competent jurisdiction.
(3) On the expiration of the hold notice period, the hold is automatically released, and the dealer may dispose of the regulated metal, unless otherwise directed by a court of competent jurisdiction.
(4) A dealer who violates this section is subject to the penalties described in Section 76-6-1409.1.
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 14 - Regulation of Metal Dealers › Section 1409.1 - Unlawful violation of regulated metal hold requirement.

Effective 5/3/2023
76-6-1409.1.
Unlawful violation of regulated metal hold requirement.
(1) Terms defined in Sections 76-1-101.5 and 76-6-1402 apply to this section.
(2) A dealer commits unlawful violation of regulated metal hold requirement if the dealer violates a requirement under Section 76-6-1409.
(3)
(a)
(i) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class C misdemeanor.
(ii) A dealer who is convicted of a class C misdemeanor under this section is subject to a mandatory fine of no less than $750.
(b)
(i) A violation of Subsection (2) is a class A misdemeanor if the dealer previously has been convicted of a violation of this section or Section 76-6-1403.1, 76-6-1404.1, 76-6-1405.1, or 76-6-1406.1.
(ii) A dealer who is convicted of a class A misdemeanor under this section is subject to a mandatory fine of no less than $2,500.
(4)
(a) This section does not impair the authority of a county or municipality in this state to license, tax, and regulate any junk dealer or metal dealer, except that local regulations may not be any less stringent than the provisions in Section 76-6-1409 or this section.
(b) This section does not impair the authority of a county or municipality to revoke or deny a business license or permit required by that county or municipality regulating the authority to sell, purchase, or possess metal, including the revocation or denial of a business license or permit based on a violation of Section 76-6-1409 or this section.
(c) This section does not prohibit the charging of a seller or dealer with any other criminal offense related to the obtaining, possession, or selling of stolen regulated metals.
Enacted by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6a - Pyramid Scheme Act › Section 101 - Definitions.

Effective 5/3/2023
76-6a-101.
Definitions.
As used in this chapter:
(1)
(a)
(i) "Compensation" means money, money bonuses, overrides, prizes, or other real or personal property, tangible or intangible.
(ii) "Compensation" does not include payment based on the sale of goods or services to anyone purchasing the goods or services for actual personal use or consumption.
(b) "Consideration" does not include:
(i) payment for sales demonstration equipment or materials furnished at cost for use in making sales and not for resale; or
(ii) time or effort spent in selling or recruiting activities.
(c) "Person" includes a business trust, estate, trust, joint venture, or any other legal or commercial entity.
(d) "Pyramid scheme" means any sales device or plan under which a person gives consideration to another person in exchange for compensation or the right to receive compensation that is derived primarily from the introduction of other persons into the sales device or plan rather than from the sale of goods, services, or other property.
(2) Terms defined in Section 76-1-101.5 apply to this part.
Renumbered and Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6a - Pyramid Scheme Act › Section 102 - Conducting pyramid scheme -- Violation as deceptive consumer sales practice -- Prosecution of civil violation.

Effective 5/3/2023
76-6a-102.
Conducting pyramid scheme -- Violation as deceptive consumer sales practice -- Prosecution of civil violation.
(1) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits the offense of conducting a pyramid scheme if the actor knowingly organizes, establishes, promotes, or administers a pyramid scheme.
(3) A violation of Subsection (2) is a third degree felony.
(4) It is not a defense to an action brought under this section that:
(a) the sales device or plan limits the number of persons who may be introduced into the sales device or plan;
(b) the sales device or plan includes additional conditions affecting eligibility for introduction into the sales device or plan or when compensation may be received from the sales device or plan; or
(c) a person receives property or services in addition to the compensation or right to receive compensation in connection with a pyramid scheme.
(5) The appropriate county attorney or district attorney has primary responsibility for investigating and prosecuting a criminal violation of this section.
(6)
(a) A violation under this section constitutes a violation of Section 13-11-4.
(b) A criminal conviction under this section is prima facie evidence of a violation of Section 13-11-4.
(c) In addition to prosecution under this section, a violation of this section shall be civilly investigated and prosecuted as prescribed by Title 13, Chapter 11, Utah Consumer Sales Practices Act.
Enacted by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6a - Pyramid Scheme Act › Section 103 - Participating in pyramid scheme -- Violation as deceptive consumer sales practice -- Prosecution of civil violation.

Effective 5/3/2023
76-6a-103.
Participating in pyramid scheme -- Violation as deceptive consumer sales practice -- Prosecution of civil violation.
(1) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits the offense of participating in a pyramid scheme if the actor participates in a pyramid scheme only by receiving compensation for the introduction of another person into the pyramid scheme rather than from the sale of goods, services, or other property.
(3) A violation of Subsection (2) is a class B misdemeanor.
(4) It is not a defense to an action brought under this section that:
(a) the sales device or plan limits the number of persons who may be introduced into the sales device or plan;
(b) the sales device or plan includes additional conditions affecting eligibility for introduction into the sales device or plan or when compensation may be received from the sales device or plan; or
(c) a person receives property or services in addition to the compensation or right to receive compensation in connection with a pyramid scheme.
(5) The appropriate county attorney or district attorney has primary responsibility for investigating and prosecuting a criminal violation of this section.
(6)
(a) A violation under this section constitutes a violation of Section 13-11-4.
(b) A criminal conviction under this section is prima facie evidence of a violation of Section 13-11-4.
(c) In addition to prosecution under this section, a violation of this section shall be civilly investigated and prosecuted as prescribed by Title 13, Chapter 11, Utah Consumer Sales Practices Act.
Enacted by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6a - Pyramid Scheme Act › Section 104 - Rights of person giving consideration in pyramid scheme.

Effective 5/3/2023
76-6a-104.
Rights of person giving consideration in pyramid scheme.
(1)
(a) Any person giving consideration in connection with a pyramid scheme may, notwithstanding any agreement to the contrary, declare the person's giving of consideration and the related sale or contract for sale void, and may bring a court action to recover the consideration.
(b) In an action brought under Subsection (1)(a), the court shall, in addition to any judgment awarded to the plaintiff, require the defendant to pay to the plaintiff interest as provided in Section 15-1-4, reasonable attorneys' fees, and the costs of the action reduced by any compensation paid by the defendant to the plaintiff in connection with the pyramid scheme.
(2)
(a) The rights, remedies, and penalties provided in this chapter are independent of and supplemental to each other and to any other right, remedy or penalty available in law or equity.
(b) Nothing contained in this chapter shall be construed to diminish or abrogate any other right, remedy or penalty.
Renumbered and Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 7 - Offenses Against the Family › Part 1 - Marital Violations › Section 101 - Bigamy -- Penalty -- Defense.

Effective 5/4/2022
76-7-101.
Bigamy -- Penalty -- Defense.
(1) An individual is guilty of bigamy if:
(a) the individual purports to marry another individual; and
(b) knows or reasonably should know that one or both of the individuals described in Subsection (1)(a) are legally married to another individual.
(2) An individual who violates Subsection (1) is guilty of an infraction.
(3) An individual is guilty of a third degree felony if the individual induces bigamy:
(a) under fraudulent or false pretenses; or
(b) by threat or coercion.
(4) An individual is guilty of a second degree felony if the individual:
(a) cohabitates with another individual with whom the individual is engaged in bigamy as described in Subsection (1); and
(b) in furtherance of the conduct described in Subsection (4)(a), commits a felony offense, or for Subsection (4)(b)(xiii), a misdemeanor offense, in violation of one or more of the following:
(i) Section 76-5-109, child abuse;
(ii) Section 76-5-109.2, aggravated child abuse;
(iii) Section 76-5-109.3, child abandonment;
(iv) Section 76-5-111, abuse of a vulnerable adult;
(v) Section 76-5-111.2, aggravated abuse of a vulnerable adult;
(vi) Section 76-5-111.3, personal dignity exploitation of a vulnerable adult;
(vii) Section 76-5-111.4, financial exploitation of a vulnerable adult;
(viii)Chapter 5, Part 2, Criminal Homicide;
(ix) Section 76-5-208, child abuse homicide;
(x)Chapter 5, Part 3, Kidnapping, Trafficking, and Smuggling;
(xi)Chapter 5, Part 4, Sexual Offenses;
(xii) Section 76-7-201, criminal nonsupport;
(xiii) Section 76-9-702.1, sexual battery;
(xiv)Title 77, Chapter 36, Cohabitant Abuse Procedures Act; or
(xv)Title 78B, Chapter 7, Part 8, Criminal Protective Orders.
(5) It is a defense to prosecution under Subsection (2) that:
(a) the individual ceased the practice of bigamy as described in Subsection (1) under reasonable fear of coercion or bodily harm;
(b) the individual entered the practice of bigamy, as described in Subsection (1), as a minor and ceased the practice of bigamy at any time after the individual entered the practice of bigamy; or
(c) law enforcement discovers that the individual practices bigamy, as described in Subsection (1), as a result of the individual's efforts to protect the safety and welfare of another individual.
Amended by Chapter 181, 2022 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 7 - Offenses Against the Family › Part 1 - Marital Violations › Section 101.5 - Child bigamy -- Penalty.

Effective 5/9/2017
76-7-101.5.
Child bigamy -- Penalty.
(1) An actor 18 years of age or older is guilty of child bigamy when, knowing he or she has a wife or husband, or knowing that a person under 18 years of age has a wife or husband, the actor carries out the following with the person who is under 18 years of age:
(a) purports to marry the person who is under 18 years of age; and
(b) cohabitates with the person who is under 18 years of age.
(2) A violation of Subsection (1) is a second degree felony.
Amended by Chapter 442, 2017 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 7 - Offenses Against the Family › Part 1 - Marital Violations › Section 102 - Incest -- Definitions -- Penalty.

Effective 5/4/2022
76-7-102.
Incest -- Definitions -- Penalty.
(1) As used in this section:
(a) "Provider" means a person who provides or makes available his seminal fluid or her human egg.
(b) "Related person" means a person related to the provider or actor as an ancestor, descendant, brother, sister, uncle, aunt, nephew, niece, or first cousin, and includes:
(i) blood relationships of the whole or half blood, regardless of whether the relationship is legally recognized;
(ii) the relationship of parent and child by adoption; and
(iii) the relationship of stepparent and stepchild while the marriage creating the relationship of a stepparent and stepchild exists.
(2)
(a) An actor is guilty of incest when, under circumstances not amounting to rape, rape of a child, or aggravated sexual assault, the actor knowingly and intentionally:
(i) engages in conduct under Subsection (2)(b)(i), (ii), (iii), or (iv); or
(ii) provides a human egg or seminal fluid under Subsection (2)(b)(v).
(b) Conduct referred to under Subsection (2)(a) is:
(i) sexual intercourse between the actor and a person the actor knows has kinship to the actor as a related person;
(ii) the insertion or placement of the provider's seminal fluid into the vagina, cervix, or uterus of a related person by means other than sexual intercourse;
(iii) providing or making available his seminal fluid for the purpose of insertion or placement of the fluid into the vagina, cervix, or uterus of a related person by means other than sexual intercourse;
(iv) a woman 18 years of age or older who:
(A) knowingly allows the insertion of the seminal fluid of a provider into her vagina, cervix, or uterus by means other than sexual intercourse; and
(B) knows that the seminal fluid is that of a person with whom she has kinship as a related person; or
(v) providing the actor's sperm or human egg that is used to conduct in vitro fertilization, or any other means of fertilization, with the human egg or sperm of a person who is a related person.
(c) This Subsection (2) does not prohibit providing a fertilized human egg if the provider of the fertilizing sperm is not a related person regarding the person providing the egg.
(3) Incest is a third degree felony.
(4) A provider under this section is not a donor under Section 78B-15-702.
Amended by Chapter 217, 2022 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 7 - Offenses Against the Family › Part 2 - Nonsupport and Custody of Children › Section 201 - Criminal nonsupport.

Effective 5/12/2020
76-7-201.
Criminal nonsupport.
(1) A person commits criminal nonsupport if, having a spouse, a child, or children under the age of 18 years, the person knowingly fails to provide for the support of a spouse, child, or children when any one of them:
(a) is in needy circumstances; or
(b) would be in needy circumstances but for support received from a source other than the defendant or paid on the defendant's behalf.
(2) Except as provided in Subsection (3), criminal nonsupport is a class A misdemeanor.
(3) Criminal nonsupport is a felony of the third degree if the defendant:
(a) has been convicted one or more times of nonsupport, whether in this state, any other state, or any court of the United States;
(b) committed the offense while residing outside of Utah; or
(c) commits the crime of nonsupport in each of 18 individual months within any 24-month period, or the total arrearage is in excess of $10,000.
(4) For purposes of this section "child" includes a child born out of wedlock whose paternity has been admitted by the defendant or has been established in a civil suit.
(5)
(a) In a prosecution for criminal nonsupport under this section, it is an affirmative defense that the defendant is unable to provide support. Voluntary unemployment or underemployment by the defendant does not give rise to that defense.
(b) Not less than 20 days before trial the defendant shall file and serve on the prosecuting attorney a notice, in writing, of the defendant's intention to claim the affirmative defense of inability to provide support. The notice shall specifically identify the factual basis for the defense and the names and addresses of the witnesses who the defendant proposes to examine in order to establish the defense.
(c) Not more than 10 days after receipt of the notice described in Subsection (5)(b), or at such other time as the court may direct, the prosecuting attorney shall file and serve the defendant with a notice containing the names and addresses of the witnesses who the state proposes to examine in order to contradict or rebut the defendant's claim.
(d) Failure to comply with the requirements of Subsection (5)(b) or (5)(c) entitles the opposing party to a continuance to allow for preparation. If the court finds that a party's failure to comply is the result of bad faith, it may impose appropriate sanctions.
(6) Criminal nonsupport is a continuing offense.
Amended by Chapter 209, 2020 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 7 - Offenses Against the Family › Part 2 - Nonsupport and Custody of Children › Section 202 - Orders for support in criminal nonsupport proceedings.

76-7-202.
Orders for support in criminal nonsupport proceedings.
(1) In any proceeding under Section 76-7-201, the court may, instead of imposing the punishments otherwise prescribed, issue an order directing the defendant to periodically pay a sum to the Office of Recovery Services, or otherwise as the court may direct, to be used for the support of the dependents who are the subject of the proceeding under Section 76-7-201.
(2) The order to periodically pay a sum for the support of the dependents:
(a) may be issued with the consent of the defendant prior to trial, or after conviction, having regard to the circumstances, financial ability, and earning capacity of the defendant;
(b) shall be subject to change from time to time as circumstances may require;
(c) may not require payments for a period exceeding the term of probation provided for the offense with which the defendant is charged, or of which he is found guilty; and
(d) shall be conditioned upon the defendant either entering a recognizance in accordance with Subsection (3), or providing security in a sum as the court directs.
(3) The condition of recognizance shall require the defendant to:
(a) make personal appearance in court whenever ordered to do so within the period of probation; and
(b) comply with the terms of the order and any subsequent modifications of the order.
(4) If the court is satisfied by information and due proof under oath that at any time during the period of probation the defendant has violated the terms of the order, it may proceed with the trial of defendant under the original charge or sentence him under the original conviction or enforce the original sentence as the case may be. In the case of forfeiture of bail or bond in any proceeding under Section 76-7-201, the sum recovered may, in the discretion of the court, be paid in whole or in part to the Office of Recovery Services, or otherwise as the court may direct, to be used for the support of the dependents involved.
Amended by Chapter 289, 1995 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 7 - Offenses Against the Family › Part 2 - Nonsupport and Custody of Children › Section 203 - Sale of child -- Felony -- Payment of adoption related expenses.

Effective 5/14/2019
76-7-203.
Sale of child -- Felony -- Payment of adoption related expenses.
(1) For purposes of this section:
(a) "Adoption related expenses" means expenses that:
(i) are reasonably related to the adoption of a child;
(ii) are incurred for a reasonable amount; and
(iii) may include expenses:
(A) of the mother or father of the child being adopted, including:
(I) legal expenses;
(II) maternity expenses;
(III) medical expenses;
(IV) hospital expenses;
(V) counseling expenses;
(VI) temporary living expenses and lost wages during the pregnancy of the mother for up to eight weeks after the day on which the mother delivers the child; or
(VII) expenses for travel between the mother's or father's home and the location where the child will be born or placed for adoption;
(B) of a directly affected person for:
(I) travel between the directly affected person's home and the location where the child will be born or placed for adoption; or
(II) temporary living expenses during the pregnancy or confinement of the mother; or
(C) other than those included in Subsection (1)(a)(iii)(A) or (B), that are not made for the purpose of inducing the mother, parent, or legal guardian of a child to:
(I) place the child for adoption;
(II) consent to an adoption; or
(III) cooperate in the completion of an adoption.
(b) "Directly affected person" means a person who is:
(i) a parent or guardian of a minor when the minor is the mother or father of the child being adopted;
(ii) a dependent of:
(A) the mother or father of the child being adopted; or
(B) the parent or guardian described in Subsection (1)(b)(i); or
(iii) the spouse or partner of the mother or father of the child being adopted.
(2) Except as provided in Subsection (3), a person is guilty of a third degree felony if the person:
(a) while having custody, care, control, or possession of a child, sells, or disposes of the child, or attempts or offers to sell or dispose of the child, for and in consideration of the payment of money or another thing of value; or
(b) offers, gives, or attempts to give money or another thing of value to a person, with the intent to induce or encourage a person to violate Subsection (2)(a).
(3) A person does not violate this section by paying or receiving payment for adoption related expenses, if:
(a) the expenses are paid as an act of charity; and
(b) the payment is not made for the purpose of inducing the mother, parent, or legal guardian of a child to:
(i) place the child for adoption;
(ii) consent to an adoption; or
(iii) cooperate in the completion of an adoption.
Amended by Chapter 491, 2019 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 7 - Offenses Against the Family › Part 3 - Abortion › Section 301.1 - Preamble -- Findings and policies of Legislature.

76-7-301.1.
Preamble -- Findings and policies of Legislature.
(1) It is the finding and policy of the Legislature, reflecting and reasserting the provisions of Article I, Sections 1 and 7, Utah Constitution, which recognize that life founded on inherent and inalienable rights is entitled to protection of law and due process; and that unborn children have inherent and inalienable rights that are entitled to protection by the state of Utah pursuant to the provisions of the Utah Constitution.
(2) The state of Utah has a compelling interest in the protection of the lives of unborn children.
(3) It is the intent of the Legislature to protect and guarantee to unborn children their inherent and inalienable right to life as required by Article I, Sections 1 and 7, Utah Constitution.
(4) It is also the policy of the Legislature and of the state that, in connection with abortion, a woman's liberty interest, in limited circumstances, may outweigh the unborn child's right to protection. These limited circumstances arise when the abortion is necessary to save the pregnant woman's life or prevent grave damage to her medical health, and when pregnancy occurs as a result of rape or incest. It is further the finding and policy of the Legislature and of the state that a woman may terminate the pregnancy if the unborn child would be born with grave defects.
Amended by Chapter 2, 1991 Special Session 1
Amended by Chapter 2, 1991 Special Session 1
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 7 - Offenses Against the Family › Part 3 - Abortion › Section 301.5 - Relationship to criminal homicide.

76-7-301.5.
Relationship to criminal homicide.
(1) This part does not apply to the killing or attempted killing of a live unborn child in any manner that is not an abortion.
(2) The killing or attempted killing of a live unborn child in a manner that is not an abortion shall be punished as provided in Title 76, Chapter 5, Part 2, Criminal Homicide.
Enacted by Chapter 13, 2010 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 7 - Offenses Against the Family › Part 3 - Abortion › Section 302 - Circumstances under which abortion authorized.

Effective 5/3/2023
76-7-302.
Circumstances under which abortion authorized.
(1) An abortion may be performed in this state only by a physician.
(2) An abortion may be performed in this state only under the following circumstances:
(a) the unborn child has not reached 18 weeks gestational age;
(b) the unborn child has reached 18 weeks gestational age, and:
(i) the abortion is necessary to avert:
(A) the death of the woman on whom the abortion is performed; or
(B) a serious physical risk of substantial impairment of a major bodily function of the woman on whom the abortion is performed; or
(ii) subject to Subsection (4), two physicians who practice maternal fetal medicine concur, in writing, in the patient's medical record that the fetus has a fetal abnormality that in the physicians' reasonable medical judgment is incompatible with life; or
(c) the unborn child has not reached 18 weeks gestational age and:
(i)
(A) the woman is pregnant as a result of:
(I) rape, as described in Section 76-5-402;
(II) rape of a child, as described in Section 76-5-402.1; or
(III) incest, as described in Subsection 76-5-406(2)(j) or Section 76-7-102; or
(B) the pregnant child is under the age of 14; and
(ii) before the abortion is performed, the physician who performs the abortion:
(A) for an abortion authorized under Subsection (2)(c)(i)(A), verifies that the incident described in Subsection (2)(c)(i)(A) has been reported to law enforcement; and
(B) if applicable, complies with the requirements of Section 80-2-602.
(3) An abortion may be performed only in a hospital, unless it is necessary to perform the abortion in another location due to a medical emergency.
(4) If the unborn child has been diagnosed with a fetal abnormality that is incompatible with life, at the time of the diagnosis, the physician shall inform the woman, both verbally and in writing, that perinatal hospice and perinatal palliative care services are available and are an alternative to abortion.
(5) A physician who performs an abortion under Subsection (2)(c) shall:
(a) maintain an accurate record as to the manner in which the physician conducted the verification under Subsection (2)(c)(ii)(A); and
(b) report the information described in Subsection (5)(a) to the department in accordance with Section 76-7-313.
Amended by Chapter 158, 2023 General Session
Amended by Chapter 301, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 7 - Offenses Against the Family › Part 3 - Abortion › Section 302.4 - Abortion restriction of an unborn child with Down syndrome.

Effective 5/3/2023
76-7-302.4.
Abortion restriction of an unborn child with Down syndrome.
Notwithstanding any other provision of this part, an abortion may not be performed if the pregnant mother's sole reason for the abortion is that the unborn child has or may have Down syndrome, unless the abortion is permissible for a reason described in Section 76-7-302.
Amended by Chapter 301, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 7 - Offenses Against the Family › Part 3 - Abortion › Section 303 - Concurrence of attending physician based on medical judgment.

76-7-303.
Concurrence of attending physician based on medical judgment.
No abortion may be performed in this state without the concurrence of the attending physician, based on his best medical judgment.
Enacted by Chapter 33, 1974 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 7 - Offenses Against the Family › Part 3 - Abortion › Section 304 - Considerations by physician -- Notice to a parent or guardian -- Exceptions.

Effective 5/3/2023
76-7-304.
Considerations by physician -- Notice to a parent or guardian -- Exceptions.
(1) To enable the physician to exercise the physician's best medical judgment, the physician shall consider all factors relevant to the well-being of a pregnant woman upon whom an abortion is to be performed, including:
(a) her physical, emotional, and psychological health and safety;
(b) her age; and
(c) her familial situation.
(2) Subject to Subsection (3), at least 24 hours before a physician performs an abortion on a minor, the physician shall notify a parent or guardian of the minor that the minor intends to have an abortion.
(3) A physician is not required to comply with Subsection (2) if:
(a) subject to Subsection (4)(a):
(i) a medical condition exists that, on the basis of the physician's good faith clinical judgment, so complicates the medical condition of a pregnant minor as to necessitate the abortion of her pregnancy to avert:
(A) the minor's death; or
(B) a serious physical risk of substantial impairment of a major bodily function of the minor; and
(ii) there is not sufficient time to give the notice required under Subsection (2) before it is necessary to terminate the minor's pregnancy in order to avert the minor's death or impairment described in Subsection (3)(a)(i);
(b) subject to Subsection (4)(b):
(i) the physician complies with Subsection (5); and
(ii)
(A) the minor is pregnant as a result of incest to which the parent or guardian was a party; or
(B) the parent or guardian has abused the minor; or
(c) subject to Subsection (4)(b), the parent or guardian has not assumed responsibility for the minor's care and upbringing.
(4)
(a) If, for the reason described in Subsection (3)(a), a physician does not give the 24-hour notice described in Subsection (2), the physician shall give the required notice as early as possible before the abortion, unless it is necessary to perform the abortion immediately in order to avert the minor's death or impairment described in Subsection (3)(a)(i).
(b) If, for a reason described in Subsection (3)(b) or (c), a parent or guardian of a minor is not notified that the minor intends to have an abortion, the physician shall notify another parent or guardian of the minor, if the minor has another parent or guardian that is not exempt from notification under Subsection (3)(b) or (c).
(5) If, for a reason described in Subsection (3)(b)(ii)(A) or (B), a physician does not notify a parent or guardian of a minor that the minor intends to have an abortion, the physician shall report the incest or abuse to the Division of Child and Family Services within the Department of Health and Human Services.
Amended by Chapter 301, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 7 - Offenses Against the Family › Part 3 - Abortion › Section 304.5 - Consent required for abortions performed on minors -- Division of Child and Family Services as guardian of a minor -- Hearing to allow a minor to self-consent -- Appeals.

Effective 5/3/2023
76-7-304.5.
Consent required for abortions performed on minors -- Division of Child and Family Services as guardian of a minor -- Hearing to allow a minor to self-consent -- Appeals.
(1) In addition to the other requirements of this part, a physician may not perform an abortion on a minor unless:
(a) the physician obtains the informed written consent of a parent or guardian of the minor, in accordance with Sections 76-7-305 and 76-7-305.5;
(b) the minor is granted the right, by court order under Subsection (4)(b), to consent to the abortion without obtaining consent from a parent or guardian; or
(c)
(i) a medical condition exists that, on the basis of the physician's good faith clinical judgment, so complicates the medical condition of a pregnant minor as to necessitate the abortion of her pregnancy to avert:
(A) the minor's death; or
(B) a risk described in Subsection 76-7-302(2)(b)(i)(B); and
(ii) there is not sufficient time to obtain the consent in the manner chosen by the minor under Subsection (2) before it is necessary to terminate the minor's pregnancy in order to avert the minor's death or impairment described in Subsection (1)(c)(i).
(2)
(a) A minor who wants to have an abortion may choose:
(i) to seek consent from the minor's parent or guardian as described in Subsection (1); or
(ii) to seek a court order as described in Subsection (1).
(b) Neither Subsection (1) nor this Subsection (2) require the minor to seek or obtain consent from the minor's parent or guardian if the circumstances described in Subsection 76-7-304(3)(b)(ii) exist.
(3) If a minor does not obtain the consent of the minor's parent or guardian, the minor may file a petition with the juvenile court to obtain a court order as described in Subsection (1).
(4)
(a) The juvenile court shall close the hearing on a petition described in Subsection (3) to the public.
(b) After considering the evidence presented at the hearing, the court shall order that the minor may obtain an abortion without the consent of a parent or guardian of the minor if the court finds by a preponderance of the evidence that:
(i) the minor:
(A) has given her informed consent to the abortion; and
(B) is mature and capable of giving informed consent to the abortion; or
(ii) an abortion would be in the minor's best interest.
(5) The Judicial Council shall make rules that:
(a) provide for the administration of the proceedings described in this section;
(b) provide for the appeal of a court's decision under this section;
(c) ensure the confidentiality of the proceedings described in this section and the records related to the proceedings; and
(d) establish procedures to expedite the hearing and appeal proceedings described in this section.
Amended by Chapter 301, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 7 - Offenses Against the Family › Part 3 - Abortion › Section 306 - Refusal to participate, admit, or treat for abortion based on religious or moral grounds -- Cause of action.

Effective 5/3/2023
76-7-306.
Refusal to participate, admit, or treat for abortion based on religious or moral grounds -- Cause of action.
(1) As used in this section:
(a) "Health care facility" is as defined in Section 26B-2-201.
(b) "Health care provider" means an individual who is an employee of, has practice privileges at, or is otherwise associated with a health care facility.
(2) A health care provider may, on religious or moral grounds, refuse to perform or participate in any way, in:
(a) an abortion; or
(b) a procedure that is intended to, or likely to, result in the termination of a pregnancy.
(3) Except as otherwise required by law, a health care facility may refuse, on religious or moral grounds, to:
(a) admit a patient for an abortion procedure or another procedure that is intended to, or likely to, result in the termination of a pregnancy; or
(b) perform for a patient an abortion procedure or another procedure that is intended to, or likely to, result in the termination of a pregnancy.
(4) A health care provider's refusal under Subsection (2) and a health care facility's refusal under Subsection (3) may not be the basis for civil liability or other recriminatory action.
(5) A health care facility, employer, or other person may not take an adverse action against a health care provider for exercising the health care provider's right of refusal described in Subsection (2), or for bringing or threatening to bring an action described in Subsection (6), including:
(a) dismissal;
(b) demotion;
(c) suspension;
(d) discipline;
(e) discrimination;
(f) harassment;
(g) retaliation;
(h) adverse change in status;
(i) termination of, adverse alteration of, or refusal to renew an association or agreement; or
(j) refusal to provide a benefit, privilege, raise, promotion, tenure, or increased status that the health care provider would have otherwise received.
(6) A person who is adversely impacted by conduct prohibited in Subsection (5) may bring a civil action for equitable relief, including reinstatement, and for damages. A person who brings an action under this section must commence the action within three years after the day on which the cause of action arises.
Amended by Chapter 330, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 7 - Offenses Against the Family › Part 3 - Abortion › Section 307 - Medical procedure required to save life of unborn child.

76-7-307.
Medical procedure required to save life of unborn child.
If an abortion is performed when the unborn child is sufficiently developed to have any reasonable possibility of survival outside its mother's womb, the medical procedure used must be that which, in the best medical judgment of the physician will give the unborn child the best chance of survival. No medical procedure designed to kill or injure that unborn child may be used unless necessary, in the opinion of the woman's physician, to prevent grave damage to her medical health.
Amended by Chapter 2, 1991 Special Session 1
Amended by Chapter 2, 1991 Special Session 1