76-9-904 - Failure to disperse -- Penalties. - Utah Statutes

76-9-904. Failure to disperse -- Penalties.
(1) (a) Failure to comply with an order issued under Subsection 76-9-903(1)(b) to disperse isa class B misdemeanor of failure to disperse.
(b) Any second and subsequent violation of Subsection (1)(a) is a class B misdemeanor offailure to disperse and is subject to a fine of not less than $100, unless the court finds mitigatingcircumstances justifying a lesser punishment and makes that finding a part of the court record.
(2) (a) A person is guilty of a class B misdemeanor of subsequent failure to disperse who:
(i) is present in a public place with or as part of a group of two or more persons, and thatgroup includes one or more persons a peace officer reasonably believes to be a member of a criminalstreet gang; and
(ii) is within sight or hearing of a location where a law enforcement officer issued an order tothe person to disperse under Section 76-9-903 within the prior eight hours.
(b) A violation of Subsection (2)(a) is subject to a fine of not less than $100, unless the courtfinds mitigating circumstances justifying a lesser punishment and makes that finding a part of the courtrecord.

Enacted by Chapter 86, 2009 General Session