Archive for the ‘Utah Legal Definition’ Category

Utah Legal Definition: Disorderly Conduct

Jesse, on the topic of  Utah Law, Utah Legal Definition
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Photo: AndyWilson

Photo: AndyWilson

If you were a member of the Utah Legislature and wanted to create a statute that was a catch-all for criminal activity, you would create Utah’s disorderly conduct statute.  It allows for police to arrest you for multiple reasons for ambiguous actions, such as knowing creating a “hazardous” condition that serves “no legitimate purpose,” or making “unreasonable” noises in a public place.  What do those parts of the statute mean?  It means whatever an arresting police officer determines those words to mean.

Utah Code § 76-9-102: Disorderly conduct.

(1) A person is guilty of disorderly conduct if: (a) he refuses to comply with the lawful order of the police to move from a public place, or knowingly creates a hazardous or physically offensive condition, by any act which serves no legitimate purpose; or (b) intending to cause public inconvenience, annoyance, or alarm, or recklessly creating a risk thereof, he: (i) engages in fighting or in violent, tumultuous, or threatening behavior; (ii) makes unreasonable noises in a public place; (iii) makes unreasonable noises in a private place which can be heard in a public place; or (iv) obstructs vehicular or pedestrian traffic.      (2) “Public place,” for the purpose of this section, means any place to which the public or a substantial group of the public has access and includes but is not limited to streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops. (3) Disorderly conduct is a class C misdemeanor if the offense continues after a request by a person to desist. Otherwise it is an infraction.

Utah Legal Definition: Assault

Jesse, on the topic of  Utah Legal Definition
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Assault in Utah is attempting to do injure to another person, making a threat to another person and immediately showing that you can back up your threat (usually showing a weapon),  or actually injuring  another person.  This statute is broad so that it can encompass almost anytime a person tries to injure another person.  Simple assault is a Class B misdemeanor.  It can become a Class A Misdemeanor if the victim is actually injured or the victim is pregnant.

An simple assault becomes an aggravated assault in Utah if the person intentionally causes injury or uses a dangerous weapon.

Utah Code § 76-5-102: Assault

(1) Assault is: (a) an attempt, with unlawful force or violence, to do bodily injury to another; (b) a threat, accompanied by a show of immediate force or violence, to do bodily injury to another; or (c) an act, committed with unlawful force or violence, that causes bodily injury to another or creates a substantial risk of bodily injury to another.

Utah Code § 76-5-103: Aggravated assault
(1) A person commits aggravated assault if he commits assault as defined in Section 76-5-102 and he: (a) intentionally causes serious bodily injury to another; or (b) under circumstances not amounting to a violation of Subsection (1)(a), uses a dangerous weapon … or other means or force likely to produce death or serious bodily injury.

Utah Legal Definition: Identity Theft

Jesse, on the topic of  Utah Legal Definition
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Photo: Don Hankins

Photo: Don Hankins

Identify theft in Utah is defined as obtaining the personal identifying information of another person and using it with a fraudulent intent.  The types of personal identifying information that the statute includes are:

•    name
•    birth date
•    address
•    telephone number
•    drivers license number
•    Social Security number
•    place of employment
•    employee identification numbers or other personal identification numbers
•    mother’s maiden name
•    electronic identification numbers

If a person gets that information, legally or illegally, and uses it fraudulently, then they can be charged under the statute.  Utah doesn’t require that a person actually use the information.  The statute says that if a person uses it or attempts to use it, they can be prosecuted.  The person must use or attempt to use the information to obtain credit, goods, services, employment, medical information, or anything else of value.

Identify theft is a third-degree felony if the thing value attempting to be stolen or actually stolen is less than $5000.  It is a second-degree felony if that amount is over $5000.

If you have been charged with identify theft in Utah, contact a qualified attorney who can help defend you against this charge.

Utah Code § 76-6-1102(2): Identify Fraud Crime
(a) A person is guilty of identity fraud when that person: (i) obtains personal identifying information of another person whether that person is alive or deceased; and (ii) knowingly or intentionally uses, or attempts to use, that information with fraudulent intent, including to obtain, or attempt to obtain, credit, goods, services, employment, any other thing of value, or medical information.

Utah Legal Definition: Aiding and Abetting/Accessory

Jesse, on the topic of  Utah Legal Definition
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Photo: T. Scott Carlisle

Photo: T. Scott Carlisle

Even if a person didn’t commit the actual crime, a person in Utah who helped the person commit the crime can be charged with aiding and abetting, or being an accessory to a crime.  Utah’s statute requires that the aiding person have the “mental state required for the commission of an offense,” meaning that a person actually had to know that they were helping to commit the crime.  For example, if a stranger asks you to hand them a baseball bat that is lying on the floor, and then the stranger attacks a bystander, you probably would not be liable for aiding the stranger because you didn’t know that the stranger was going to attack anyone with it.

The statute is also applicable if you solicit, request, command, encourage, or intentionally aid someone to commit a crime.

This is not an accomplice, which means that a person actually committed the crime with another person rather than just aiding.

Utah Code 76-2-202: Criminal responsibility for direct commission of offense or for conduct of another.
Every person, acting with the mental state required for the commission of an offense who directly commits the offense, who solicits, requests, commands, encourages, or intentionally aids another person to engage in conduct which constitutes an offense shall be criminally liable as a party for such conduct.

Question: Can I drink alcohol as a passenger in Utah?

Jesse, on the topic of  Question, Utah Legal Definition
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Photo: 3n

Photo: 3n

Q:  I am always careful to obey the law, and I don’t mess with drinking and driving.  Last Saturday night, my friend was assigned to be the designated driver.  A Salt Lake City cop pulled us over and gave everyone in the car  tickets even though WE weren’t driving!  He told us that drinking isn’t allowed in vehicles.  We were drinking in the car, but we were being safe because none of us were driving.  Can I get out of this ticket?

It was very good to find a friend to be your designated driver.  Although you were not personally driving, Utah law prohibits passengers from drinking alcohol in the vehicle.

A person may not drink any alcoholic beverage while operating a motor vehicle or while a passenger in a motor vehicle, whether the vehicle is moving, stopped, or parked on any highway.  U.C.A. § 41-6a-526(2).

The law wouldn’t even let you drink as a passenger in a car that is stopped on a street.  The probable rationale is that drinking passengers are a distraction to the driver.  The law also prevents you from drinking alcohol even if the car is parked on the street.

The only way passengers in Utah can drink alcohol in a vehicle is if the vehicle is a limousine.  Even then, the limo must begin at someone’s house or hotel and the limo driver must be separated from the passengers by a partition.  See U.C.A. § 32A-12-213(3)(b)(i-ii).

Because ignorance isn’t a defense to any law, your defense would most likely involve other matters (such as whether the cop had probable cause to pull the driver over in the first place).  You should contact a knowledgeable Utah Criminal defense lawyer who can help defend you against this charge.