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2017 Utah Code
Title 76 - Utah Criminal Code
Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals
Part 16 - Pattern of Unlawful Activity Act
Section 1603.5 - Violation a felony -- Costs -- Fines -- Divestiture -- Restrictions -- Dissolution or reorganization -- Prior restraint.
Universal Citation: UT Code § 76-10-1603.5 (2017)
76-10-1603.5. Violation a felony -- Costs -- Fines -- Divestiture -- Restrictions -- Dissolution or reorganization -- Prior restraint.
Amended by Chapter 394, 2013 General Session
- (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.
- (2) 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.
- (3) Upon conviction for violating any provision of Section 76-10-1603, and in addition to any penalty prescribed by law, 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.
- (a) order restitution to any victim or rightful owner of property obtained, directly or indirectly, from:
- (4) 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.
- (5) 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.
Amended by Chapter 394, 2013 General Session
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