2006 Utah Code - 76-9-301.7 — Cruelty to animals -- Enhanced penalties.

     76-9-301.7.   Cruelty to animals -- Enhanced penalties.
     (1) "Conviction" means a conviction by plea or by verdict.
     (2) A person who commits any violation of Section 76-9-301, Section 76-9-301.5, or Subsection 76-9-301.1(4) within the state and on at least one previous occasion has been convicted of violating Section 76-9-301, Section 76-9-301.5, or Subsection 76-9-301.1(4) shall be subject to an enhanced penalty as provided in Subsection (3).
     (3) The enhanced degree of offense for offenses committed under this section are:
     (a) if the offense is a class C misdemeanor, it is a class B misdemeanor; and
     (b) if the offense is a class B misdemeanor, it is a class A misdemeanor.
     (4) (a) The prosecuting attorney, or grand jury if an indictment is returned, shall provide written notice upon the information or indictment that the defendant is subject to an enhanced degree of offense or penalty under Subsection (3). The notice shall be served upon the defendant or his attorney not later than ten days prior to trial.
     (b) If the notice is not included initially, the court may subsequently allow the prosecutor to amend the charging document to include the notice if the court finds:
     (i) that the amended charging documents, including any statement of probable cause, provide notice that the defendant is subject to an enhanced penalty provided under this section; and
     (ii) that the defendant has not otherwise been substantially prejudiced by the amendment.

Enacted by Chapter 7, 1996 Special Session 2