2006 Utah Code - 78-38-9 — Nuisance -- Right of action to abate nuisances -- Drug houses and drug dealing -- Gambling -- Group criminal activity -- Prostitution -- Weapons.

     78-38-9.   Nuisance -- Right of action to abate nuisances -- Drug houses and drug dealing -- Gambling -- Group criminal activity -- Prostitution -- Weapons.
     (1) Every building or place is a nuisance where:
     (a) the unlawful sale, manufacture, service, storage, distribution, dispensing, or acquisition occurs of any controlled substance, precursor, or analog specified in Title 58, Chapter 37, Controlled Substances;
     (b) gambling is permitted to be played, conducted, or dealt upon as prohibited in Title 76, Chapter 10, Part 11, Gambling, which creates the conditions of a nuisance as defined in Subsection 78-38-1(1);
     (c) criminal activity is committed in concert with two or more persons as provided in Section 76-3-203.1;
     (d) parties occur frequently which create the conditions of a nuisance as defined in Subsection 78-38-1(1);
     (e) prostitution or promotion of prostitution is regularly carried on by one or more persons as provided in Title 76, Chapter 10, Part 13, Prostitution; and
     (f) a violation of Title 76, Chapter 10, Part 5, Weapons, occurs on the premises.
     (2) It is a defense to nuisance under Subsection (1)(a) if the defendant can prove that the defendant is lawfully entitled to possession of a controlled substance.
     (3) Sections 78-38-10 through 78-38-16 govern only an abatement by eviction of the nuisance as defined in Subsection (1).

Amended by Chapter 136, 1999 General Session