2006 Utah Code - 76-10-508 — Discharge of firearm from a vehicle, near a highway, or in direction of any person, building, or vehicle -- Penalties.

     76-10-508.   Discharge of firearm from a vehicle, near a highway, or in direction of any person, building, or vehicle -- Penalties.
     (1) (a) A person may not discharge any kind of dangerous weapon or firearm:
     (i) from an automobile or other vehicle;
     (ii) from, upon, or across any highway;
     (iii) at any road signs placed upon any highways of the state;
     (iv) at any communications equipment or property of public utilities including facilities, lines, poles, or devices of transmission or distribution;
     (v) at railroad equipment or facilities including any sign or signal;
     (vi) within Utah State Park buildings, designated camp or picnic sites, overlooks, golf courses, boat ramps, and developed beaches; or
     (vii) without written permission to discharge the dangerous weapon from the owner or person in charge of the property within 600 feet of:
     (A) a house, dwelling, or any other building; or
     (B) any structure in which a domestic animal is kept or fed, including a barn, poultry yard, corral, feeding pen, or stockyard.
     (b) It shall be a defense to any charge for violating this section that the person being accused had actual permission of the owner or person in charge of the property at the time in question.
     (2) A violation of any provision of this section is a class B misdemeanor unless the actor discharges a firearm under any of the following circumstances not amounting to criminal homicide or attempted criminal homicide, in which case it is a third degree felony and the convicted person shall be sentenced to an enhanced minimum term of three years in prison:
     (a) the actor discharges a firearm in the direction of any person or persons, knowing or having reason to believe that any person may be endangered;
     (b) the actor, with intent to intimidate or harass another or with intent to damage a habitable structure as defined in Subsection 76-6-101(2), discharges a firearm in the direction of any building; or
     (c) the actor, with intent to intimidate or harass another, discharges a firearm in the direction of any vehicle.
     (3) The court shall:
     (a) notify the Driver License Division of the conviction for purposes of any revocation, denial, suspension, or disqualification of a driver license under Section 53-3-220(1)(a)(xi); and
     (b) specify in court at the time of sentencing the length of the revocation under Subsection 53-3-225(1)(c).
     (4) This section does not apply to a person:
     (a) who discharges any kind of firearm when that person is in lawful defense of self or others; or
     (b) who is performing official duties as provided in Sections 23-20-1.5 and 76-10-523 and as otherwise provided by law.

Amended by Chapter 220, 2005 General Session