2011 Utah Code
Title 76 Utah Criminal Code
Chapter 10 Offenses Against Public Health, Safety, Welfare, and Morals
Section 1603.5 Violation a felony -- Costs -- Forfeiture -- Fines -- Divestiture -- Restrictions -- Dissolution or reorganization -- Prior restraint.

76-10-1603.5. Violation a felony -- Costs -- Forfeiture -- Fines -- Divestiture -- Restrictions -- Dissolution or reorganization -- Prior restraint.
(1) A person who violates any provision of Section 76-10-1603 is guilty of a second degree felony. In addition to penalties prescribed by law, the court may order the person found guilty of the felony to pay to the state, if the attorney general brought the action, or to the county, if the county attorney or district attorney brought the action, the costs of investigating and prosecuting the offense and the costs of securing the forfeitures provided for in this section. The person shall forfeit:
(a) any interest acquired or maintained in violation of any provision of Section 76-10-1603;
(b) any interest in, security of, claim against, or property or contractual right of any kind affording a source of influence over any enterprise which the person has established, operated, controlled, conducted, or participated in the conduct of in violation of Section 76-10-1603; and
(c) any property constituting or derived from the net proceeds which the person obtained, directly or indirectly, from the conduct constituting the pattern of unlawful activity or from any act or conduct constituting the pattern of unlawful activity proven as part of the violation of any provision of Section 76-10-1603.
(2) If a violation of Section 76-10-1603 is based on a pattern of unlawful activity consisting of acts or conduct in violation of Section 76-10-1204, 76-10-1205, 76-10-1206, or 76-10-1222, the property subject to forfeiture under this section is limited to property, the seizure or forfeiture of which would not constitute a prior restraint on the exercise of an affected party's rights under the First Amendment to the Constitution of the United States or Utah Constitution Article I, Section 15, or would not otherwise unlawfully interfere with the exercise of those rights.
(3) In lieu of a fine otherwise authorized by law for a violation of Section 76-10-1603, a defendant who derives net proceeds from a conduct prohibited by Section 76-10-1603 may be fined not more than twice the amount of the net proceeds.
(4) Property subject to forfeiture in accordance with the procedures and substantive protections of Title 24, Chapter 1, Utah Uniform Forfeiture Procedures Act:
(a) includes:
(i) real property, including things growing on, affixed to, and found in land; and
(ii) tangible and intangible personal property including money, rights, privileges, interests, claims, and securities of any kind; but
(b) does not include property exchanged or to be exchanged for services rendered in connection with the defense of the charges or any related criminal case.
(5) Upon conviction for violating any provision of Section 76-10-1603, and in addition to any penalty prescribed by law and in addition to any forfeitures provided for in this section, the court may do any or all of the following:
(a) order restitution to any victim or rightful owner of property obtained, directly or indirectly, from:
(i) the conduct constituting the pattern of unlawful activity; or
(ii) any act or conduct constituting the pattern of unlawful activity that is proven as part of the violation of any provision of Section 76-10-1603;
(b) order the person to divest himself of any interest in or any control, direct or indirect, of any enterprise;

(c) impose reasonable restrictions on the future activities or investments of any person, including prohibiting the person from engaging in the same type of endeavor as the enterprise engaged in, to the extent the Utah Constitution and the Constitution of the United States permit; or
(d) order the dissolution or reorganization of any enterprise.
(6) If a violation of Section 76-10-1603 is based on a pattern of unlawful activity consisting of acts or conduct in violation of Section 76-10-1204, 76-10-1205, 76-10-1206, or 76-10-1222, the court may not enter any order that would amount to a prior restraint on the exercise of an affected party's rights under the First Amendment to the Constitution of the United States or Utah Constitution Article I, Section 15.
(7) All rights, title, and interest in forfeitable property described in Subsections (1) and (2) are subject to forfeiture proceedings in accordance with the procedures and substantive protections of Title 24, Chapter 1, Utah Uniform Forfeiture Procedures Act.
(8) For purposes of this section, the "net proceeds" of an offense means property acquired as a result of the violation minus the direct costs of acquiring the property.