Criminal Offenses Modifications

34
76-5-107.3
76-8-321
76-9-115
76-9-116
76-17-401
0
Criminal Offenses Modifications
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Tyler Clancy
Senate Sponsor: Keith Grover

Cosponsor:
Jason E. Thompson
LONG TITLE
General Description:
This bill addresses criminal offenses.
Highlighted Provisions:
This bill:
amends the offense of threat of terrorism by:
renaming the offense to terrorism; and
clarifying that the offense applies to certain completed acts in addition to threatened
acts;
creates the offense of unlawfully advancing foreign organizations and governments;
creates the offense of intentional concealment of identity while committing an offense in
public;
creates the offense of unlawful deprivation of religious rights with a corresponding civil
right of action by a victim that may be brought against the actor;
amends the definition of unlawful activity applicable to the offense of prohibited conduct
concerning a pattern of unlawful activity to include the offenses of aggravated disorderly
conduct on a street or highway and unlawfully advancing foreign organizations and
governments; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-5-107.3
, as last amended by Laws of Utah 2025, Chapter 173
76-17-401
, as renumbered and amended by Laws of Utah 2025, Chapter 173
ENACTS:
76-8-321
, Utah Code Annotated 1953
76-9-115
, Utah Code Annotated 1953
76-9-116
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
76-5-107.3
is amended to read:
76-5-107.3
. Terrorism.
(1)
(a)
As used in this section:
(i)
"Hoax weapon of mass destruction" means the same as that term is defined in
Section
76-15-301
.
(ii)
"Weapon of mass destruction" means the same as that term is defined in Section
76-15-301
.
(b)
Terms defined in Section
76-1-101.5
apply to this section.
(2)
(a)
An actor commits
a threat of
terrorism if the actor
commits, or
threatens to
commit
,
an offense involving bodily injury, death, or substantial property damage
and the actor:
(i)
(a)
(A)
(i)
threatens the use of a weapon of mass destruction; or
(B)
(ii)
threatens the use of a hoax weapon of mass destruction; or
(ii)
(b)
acts with intent to:
(A)
(i)
intimidate or coerce a civilian population or to influence or affect the conduct
of a government or a unit of government;
(B)
(ii)
prevent or interrupt the occupation of a building or a portion of the building,
a place to which the public has access, or a facility or vehicle of public
transportation operated by a common carrier; or
(C)
(iii)
cause an official or volunteer agency organized to deal with emergencies to
take action due to the actor's conduct posing a serious and substantial risk to the
general public.
(b)
A threat under this section may be express or implied.
(3)
(a)
(i)
A violation of Subsection
(2)(a)(i)
or
(2)(a)(ii)(A)
(2)(a)
or
(2)(b)(i)
is a
second degree felony.
(ii)
(b)
A violation of Subsection
(2)(a)(ii)(B)
(2)(b)(ii)
is a third degree felony.
(iii)
(c)
A violation of Subsection
(2)(a)(ii)(C)
(2)(b)(iii)
is a class B misdemeanor.
(b)
(4)
(a)
An actor who commits an offense under this section is subject to punishment
for that offense, in addition to any other offense committed, including the carrying
out of
the threatened act
any threatened offense
.
(c)
(b)
In addition to any other penalty authorized by law, a court shall order an actor
convicted of a violation of this section to reimburse any federal, state, or local unit of
government, or any private business, organization, individual, or entity for all
expenses and losses incurred in responding to the violation, unless the court states on
the record the reasons why the reimbursement would be inappropriate.
(4)
(5)
It is not a defense under this section that the actor did not attempt to carry out or
was incapable of carrying out the threat.
(6)
A threat under this section may be express or implied.
Section 2. Section
76-8-321
is enacted to read:
76-8-321
. Unlawfully advancing foreign organizations and governments.
(1)
(a)
As used in this section:
(i)
"Agent of a foreign government" means the same as that term is defined in 18
U.S.C. Sec. 951.
(ii)
"Federally designated foreign terrorist organization" means a foreign organization
that is designated by the federal government as a terrorist organization in
accordance with 8 U.S.C. Sec. 1189.
(b)
Terms defined in Section
76-1-101.5
apply to this section.
(2)
An actor commits unlawfully advancing foreign organizations and governments if the
actor:
(a)
(i)
commits a local, state, or federal criminal offense that has a penalty level of a
class B misdemeanor, class A misdemeanor, or felony; and
(ii)
coordinates with a federally designated foreign terrorist organization to commit
the offense described in Subsection
(2)(a)(i)
with the intent to benefit or advance
the interests of the federally designated foreign terrorist organization; or
(b)
unlawfully acts, or attempts to act, as an agent of a foreign government.
(3)
A violation of Subsection
(2)
is a third degree felony.
Section 3. Section
76-9-115
is enacted to read:
76-9-115
. Intentional concealment of identity while committing an offense in
public.
(1)
(a)
As used in this section, "public place" means a place to which the public or a
substantial group of the public has access, including:
(i)
a street or highway; and
(ii)
the common areas of a school, hospital, apartment house, office building, public
building, public facility, transport facility, and a retail establishment.
(b)
Terms defined in Section
76-1-101.5
apply to this section.
(2)
An actor commits intentional concealment of identity while committing an offense in
public if the actor intentionally or knowingly:
(a)
wears a mask or other facial obscurant or disguise with the intent to conceal the
actor's identity from law enforcement or other government officials;
(b)
is in a public place; and
(c)
while wearing the mask or other facial obscurant or disguise, is:
(i)
committing, or attempting to commit, a local, state, or federal criminal offense; or
(ii)
congregating with other individuals who the actor knows are committing, or
attempting to commit, a local, state, or federal criminal offense.
(3)
A violation of Subsection
(2)
is a class A misdemeanor.
Section 4. Section
76-9-116
is enacted to read:
76-9-116
. Unlawful deprivation of religious rights.
(1)
(a)
As used in this section, "house of worship" means the same as that term is defined
in Section
76-11-201
.
(b)
Terms defined in Section
76-1-101.5
apply to this section.
(2)
An actor commits unlawful deprivation of religious rights if the actor:
(a)
in concert with two or more individuals, intentionally or knowingly deprives another
individual of the right to enter or exit a house of worship; and
(b)
the act described in Subsection
(2)(a)
is done with the purpose of preventing the
individual from exercising the individual's religious liberty rights protected under the
First Amendment to the United States Constitution or under Utah Constitution,
Article I, Sections 1 and 4.
(3)
A violation of Subsection
(2)
is a third degree felony.
(4)
(a)
An individual, or the heirs of a deceased individual, who has been injured by a
violation of Subsection
(2)
may bring an action against the actor who committed the
violation.
(b)
If, in the action described in Subsection
(4)(a)
, the court finds by a preponderance of
the evidence that the defendant has committed a violation of Subsection
(2)
and that
the plaintiff was injured by the actor's violation of Subsection
(2)
, the court shall,
subject to Subsection
(4)(c)(ii)
, award the plaintiff:
(i)
reasonable attorney fees; and
(ii)
(A)
compensatory damages; or
(B)
statutory damages of $2,000, whichever is greater.
(c)
(i)
If an actor at a criminal trial is found not guilty of violating Subsection
(2)
, the
not guilty verdict does not preclude a court from finding that the actor is liable
under Subsection
(4)(b)
.
(ii)
If restitution is ordered in the criminal action, the amount ordered shall be
deducted from any damages awarded under Subsection
(4)(b)(ii)
.
(5)
This section does not apply to an individual's exercise of the individual's rights under
the First Amendment to the United States Constitution or under Utah Constitution,
Article I, Section 15.
Section 5. Section
76-17-401
is amended to read:
76-17-401
. Definitions.
As used in this part:
(1)
(a)
"Enterprise" means an individual, sole proprietorship, partnership, corporation,
business trust, association, or other legal entity, and a union or group of individuals
associated in fact although not a legal entity.
(b)
"Enterprise" includes illicit as well as licit entities.
(2)
"Pattern of unlawful activity" means engaging in conduct that constitutes the
commission of at least three episodes of unlawful activity, which episodes are not
isolated, but have the same or similar purposes, results, participants, victims, or methods
of commission, or otherwise are interrelated by distinguishing characteristics. Taken
together, the episodes shall demonstrate continuing unlawful conduct and be related
either to each other or to the enterprise. At least one of the episodes comprising a
pattern of unlawful activity shall have occurred after July 31, 1981. The most recent act
constituting part of a pattern of unlawful activity as defined by this part shall have
occurred within five years of the commission of the next preceding act alleged as part of
the pattern.
(3)
"Person" includes an individual or entity capable of holding a legal or beneficial interest
in property, including state, county, and local governmental entities.
(4)
"Unlawful activity" means to directly engage in conduct or to solicit, request, command,
encourage, or intentionally aid another person to engage in conduct that would constitute
an offense described by the following crimes or categories of crimes, or to attempt or
conspire to engage in an act that would constitute any of those offenses, regardless of
whether the act is in fact charged or indicted by an authority or is classified as a
misdemeanor or a felony:
(a)
an act prohibited by the criminal provisions under Title 13, Chapter 10, Unauthorized
Recording Practices Act;
(b)
an act prohibited by the criminal provisions under Title 19, Environmental Quality
Code, Sections
19-1-101
through
19-7-109
;
(c)
taking, destroying, or possessing wildlife or parts of wildlife for the primary purpose
of sale, trade, or other pecuniary gain under Title 23A, Wildlife Resources Act, or
Section
23A-5-311
;
(d)
false claims for medical benefits, kickbacks, or other acts prohibited under Title 26B,
Chapter 3, Part 11, Utah False Claims Act, Sections
26B-3-1101
through
26B-3-1112
;
(e)
an act prohibited by the criminal provisions under Title 32B, Chapter 4, Criminal
Offenses and Procedure Act;
(f)
unlawful marking of pistol or revolver under Section
53-5a-105
;
(g)
alteration of number or mark on pistol or revolver under Section
53-5a-106
;
(h)
an act prohibited by the criminal provisions under Title 57, Chapter 11, Utah
Uniform Land Sales Practices Act;
(i)
an act prohibited by the criminal provisions under Title 58, Chapter 37, Utah
Controlled Substances Act, or Title 58, Chapter 37b, Imitation Controlled Substances
Act, Title 58, Chapter 37c, Utah Controlled Substance Precursor Act, or Title 58,
Chapter 37d, Clandestine Drug Lab Act;
(j)
an act prohibited by the criminal provisions under Title 61, Chapter 1, Utah Uniform
Securities Act;
(k)
an act prohibited by the criminal provisions under Title 63G, Chapter 6a, Utah
Procurement Code;
(l)
assault under Section
76-5-102
;
(m)
aggravated assault under Section
76-5-103
;
(n)
a threat of
terrorism under Section
76-5-107.3
;
(o)
a criminal homicide offense under Section
76-5-201
;
(p)
kidnapping under Section
76-5-301
;
(q)
aggravated kidnapping under Section
76-5-302
;
(r)
human trafficking for labor under Section
76-5-308
;
(s)
human trafficking for sexual exploitation under Section
76-5-308.1
;
(t)
human smuggling under Section
76-5-308.3
;
(u)
human trafficking of a child under Section

76-5-308.5
;
(v)
benefiting from trafficking and human smuggling under Section
76-5-309
;
(w)
aggravated human trafficking under Section
76-5-310
;
(x)
sexual exploitation of a minor under Section
76-5b-201
;
(y)
aggravated sexual exploitation of a minor under Section
76-5b-201.1
;
(z)
sexual extortion under Section
76-5b-204
;
(aa)
arson under Section
76-6-102
;
(bb)
aggravated arson under Section

76-6-103
;
(cc)
causing a catastrophe under Section
76-6-105
;
(dd)
burglary under Section
76-6-202
;
(ee)
aggravated burglary under Section
76-6-203
;
(ff)
burglary of a vehicle under Section
76-6-204
;
(gg)
manufacture or possession of an instrument for burglary or theft under Section
76-6-205
;
(hh)
robbery under Section
76-6-301
;
(ii)
aggravated robbery under Section
76-6-302
;
(jj)
theft under Section
76-6-404
;
(kk)
theft by deception under Section
76-6-405
;
(ll)
theft by extortion under Section
76-6-406
;
(mm)
receiving stolen property under Section
76-6-408
;
(nn)
theft of services under Section
76-6-409
;
(oo)
forgery under Section
76-6-501
;
(pp)
unlawful use of financial transaction card under Section
76-6-506.2
;
(qq)
unlawful acquisition, possession, or transfer of financial transaction card under
Section
76-6-506.3
;
(rr)
financial transaction card offenses under Section
76-6-506.6
;
(ss)
deceptive business practices under Section
76-6-507
;
(tt)
bribery or receiving bribe by person in the business of selection, appraisal, or
criticism of goods under Section
76-6-508
;
(uu)
bribery of a labor official under Section
76-6-509
;
(vv)
defrauding creditors under Section
76-6-511
;
(ww)
acceptance of deposit by insolvent financial institution under Section
76-6-512
;
(xx)
unlawful dealing with property by fiduciary under Section
76-6-513
;
(yy)
unlawful influence of a contest under Section
76-6-514
;
(zz)
making a false credit report under Section
76-6-517
;
(aaa)
criminal simulation under Section
76-6-518
;
(bbb)
criminal usury under Section
76-6-520
;
(ccc)
insurance fraud under Section
76-6-521
;
(ddd)
retail theft under Section
76-6-602
;
(eee)
computer crimes under Section
76-6-703
;
(fff)
identity fraud under Section
76-6-1102
;
(ggg)
mortgage fraud under Section
76-6-1203
;
(hhh)
sale of a child under Section
76-7-203
;
(iii)
bribery or offering a bribe under Section
76-8-103
;
(jjj)
threat to influence official or political action under Section
76-8-104
;
(kkk)
receiving bribe or bribery by public servant under Section
76-8-105
;
(lll)
receiving bribe for endorsement of person as a public servant under Section
76-8-106
;
(mmm)
bribery for endorsement of person as public servant under Section
76-8-106.1
;
(nnn)
official misconduct based on unauthorized act or failure of duty under Section
76-8-201
;
(ooo)
official misconduct concerning inside information under Section
76-8-202
;
(ppp)
obstruction of justice in a criminal investigation or proceeding under Section
76-8-306
;
(qqq)
acceptance of bribe or bribery to prevent criminal prosecution under Section
76-8-308
;
(rrr)
harboring or concealing offender who has escaped from official custody under
Section
76-8-309.2
;
(sss)
unlawfully advancing foreign organizations and governments under Section
76-8-321
;
(sss)
(ttt)
making a false or inconsistent material statement under Section
76-8-502
;
(ttt)
(uuu)
making a false or inconsistent statement under Section
76-8-503
;
(uuu)
(vvv)
making a written false statement under Section
76-8-504
;
(vvv)
(www)
tampering with a witness under Section
76-8-508
;
(www)
(xxx)
retaliation against a witness, victim, or informant under Section
76-8-508.3
;
(xxx)
(yyy)
receiving or soliciting a bribe as a witness under Section
76-8-508.7
;
(yyy)
(zzz)
extortion or bribery to dismiss a criminal proceeding under Section
76-8-509
;
(zzz)
(aaaa)
tampering with evidence under Section
76-8-510.5
;
(aaaa)
(bbbb)
falsification or alteration of a government record under Section
76-8-511
,
if the record is a record described in Title 20A, Election Code, or Title 36, Chapter
11, Lobbyist Disclosure and Regulation Act;
(bbbb)
(cccc)
public assistance fraud by an applicant for public assistance under
Section
76-8-1203.1
;
(cccc)
(dddd)
public assistance fraud by a recipient of public assistance under Section
76-8-1203.3
;
(dddd)
(eeee)
public assistance fraud by a provider under Section
76-8-1203.5
;
(eeee)
(ffff)
fraudulently misappropriating public assistance funds under Section
76-8-1203.7
;
(ffff)
(gggg)
false statement to obtain or increase unemployment compensation under
Section
76-8-1301
;
(gggg)
(hhhh)
false statement to prevent or reduce unemployment compensation or
liability under Section
76-8-1302
;
(hhhh)
(iiii)
unlawful failure to comply with Employment Security Act requirements
under Section
76-8-1303
;
(iiii)
(jjjj)
unlawful use or disclosure of employment information under Section
76-8-1304
;
(jjjj)
(kkkk)
intentionally or knowingly causing one animal to fight with another under
Subsection
76-13-202(2)(d)
or
(3)
, or Section
76-13-205
or
76-13-206
concerning
dog fighting;
(llll)
aggravated disorderly conduct on a street or highway under Section
76-9-102.1
;
(kkkk)
(mmmm)
soliciting, recruiting, enticing, or intimidating a minor to join a
criminal street gang under Section
76-9-803
;
(llll)
(nnnn)
aggravated soliciting, recruiting, enticing, or intimidating a minor to join a
criminal street gang under Section
76-9-803.1
;
(mmmm)
(oooo)
intimidating a minor to remain in a criminal street gang under Section
76-9-803.2
;
(nnnn)
(pppp)
aggravated intimidating a minor to remain in a criminal street gang under
Section
76-9-803.3
;
(oooo)
(qqqq)
unlawful conduct involving an explosive, chemical, or incendiary device
under Section
76-15-210
;
(pppp)
(rrrr)
unlawful conduct involving an explosive, chemical, or incendiary part
under Section
76-15-211
;
(qqqq)
(ssss)
unlawful delivery or mailing of an explosive, chemical, or incendiary
device under Section
76-15-209
;
(rrrr)
(tttt)
forging or counterfeiting trademarks, trade name, or trade device under
Section
76-16-302
;
(ssss)
(uuuu)
selling goods under counterfeited trademark, trade name, or trade devices
under Section
76-16-303
;
(tttt)
(vvvv)
sales in containers bearing registered trademark of substituted articles
under Section
76-16-304
;
(uuuu)
(wwww)
selling or dealing with article bearing registered trademark or service
mark with intent to defraud under Section
76-16-306
;
(vvvv)
(xxxx)
participating in gambling under Section
76-9-1402
;
(wwww)
(yyyy)
permitting gambling under Section
76-9-1403
;
(xxxx)
(zzzz)
online gambling prohibition under Section
76-9-1404
;
(yyyy)
(aaaaa)
gambling promotion under Section
76-9-1405
;
(zzzz)
(bbbbb)
gambling fraud under Section
76-9-1406
;
(aaaaa)
(ccccc)
possessing a gambling device or record under Section
76-9-1407
;
(bbbbb)
(ddddd)
obtaining a benefit from a confidence game under Section
76-9-1410
;
(ccccc)
(eeeee)
distributing pornographic material under Section
76-5c-202
;
(ddddd)
(fffff)
aiding or abetting a minor in distributing pornographic material under
Section
76-5c-203
;
(eeeee)
(ggggg)
inducing acceptance of pornographic material under Section
76-5c-204
;
(fffff)
(hhhhh)
distributing material harmful to minors under Section
76-5c-205
;
(ggggg)
(iiiii)
aiding or abetting a minor in distributing material harmful to minors
under Section
76-5c-206
;
(hhhhh)
(jjjjj)
distribution of a pornographic file for exhibition under Section
76-5c-305
;
(iiiii)
(kkkkk)
indecent public display in the presence of a minor under Section
76-5c-207
;
(jjjjj)
(lllll)
engaging in prostitution under Section
76-5d-202
;
(kkkkk)
(mmmmm)
aiding prostitution under Section
76-5d-206
;
(lllll)
(nnnnn)
exploiting prostitution under Section
76-5d-207
;
(mmmmm)
(ooooo)
aggravated exploitation of prostitution under Section
76-5d-208
;
(nnnnn)
(ppppp)
communications fraud under Section
76-6-525
;
(ooooo)
(qqqqq)
possession of a dangerous weapon with criminal intent under Section
76-11-208
;
(ppppp)
(rrrrr)
an act prohibited by the criminal provisions of Chapter 9, Part 16,
Money Laundering and Currency Transaction Reporting;
(qqqqq)
(sssss)
vehicle compartment for contraband under Section
76-9-1902
or
76-9-1903
;
(rrrrr)
(ttttt)
an act prohibited by the criminal provisions of the laws governing taxation
in this state; or
(sssss)
(uuuuu)
an act illegal under the laws of the United States and enumerated in 18
U.S.C. Secs. 1961(1)(B), (C), and (D).
Section 6.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-11-26 2:01 PM