76-6-106 (Effective 11/01/10) - Criminal mischief. - Utah Statutes

76-6-106 (Effective 11/01/10). Criminal mischief.
(1) As used in this section, "critical infrastructure" includes:
(a) information and communication systems;
(b) financial and banking systems;
(c) transportation systems;
(d) any public utility service, including the power, energy, and water supply systems;
(e) sewage and water treatment systems;
(f) health care facilities as listed in Section 26-21-2, and emergency fire, medical, andlaw enforcement response systems;
(g) public health facilities and systems;
(h) food distribution systems; and
(i) other government operations and services.
(2) A person commits criminal mischief if the person:
(a) under circumstances not amounting to arson, damages or destroys property with theintention of defrauding an insurer;
(b) intentionally and unlawfully tampers with the property of another and as a result:
(i) recklessly endangers:
(A) human life; or
(B) human health or safety; or
(ii) recklessly causes or threatens a substantial interruption or impairment of any criticalinfrastructure;
(c) intentionally damages, defaces, or destroys the property of another; or
(d) recklessly or willfully shoots or propels a missile or other object at or against a motorvehicle, bus, airplane, boat, locomotive, train, railway car, or caboose, whether moving orstanding.
(3) (a) (i) A violation of Subsection (2)(a) is a third degree felony.
(ii) A violation of Subsection (2)(b)(i)(A) is a class A misdemeanor.
(iii) A violation of Subsection (2)(b)(i)(B) is a class B misdemeanor.
(iv) A violation of Subsection (2)(b)(ii) is a second degree felony.
(b) Any other violation of this section is a:
(i) second degree felony if the actor's conduct causes or is intended to cause pecuniaryloss equal to or in excess of $5,000 in value;
(ii) third degree felony if the actor's conduct causes or is intended to cause pecuniary lossequal to or in excess of $1,500 but is less than $5,000 in value;
(iii) class A misdemeanor if the actor's conduct causes or is intended to cause pecuniaryloss equal to or in excess of $500 but is less than $1,500 in value; and
(iv) class B misdemeanor if the actor's conduct causes or is intended to cause pecuniaryloss less than $500 in value.
(4) In determining the value of damages under this section, or for computer crimes underSection 76-6-703, the value of any item, computer, computer network, computer property,computer services, software, or data includes the measurable value of the loss of use of the itemsand the measurable cost to replace or restore the items.
(5) In addition to any other penalty authorized by law, a court shall order any personconvicted of any violation of this section to reimburse any federal, state, or local unit ofgovernment, or any private business, organization, individual, or entity for all expenses incurred

in responding to a violation of Subsection (2)(b)(ii), unless the court states on the record thereasons why the reimbursement would be inappropriate.

Amended by Chapter 193, 2010 General Session