Full Statute Name:  West's Utah Code Annotated. Title 76. Utah Criminal Code. Chapter 6. Offenses Against Property. Part 1. Property Destruction. § 76-6-112. Agricultural operation interference--Penalties

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Primary Citation:  U.C.A. 1953 § 76-6-112 Country of Origin:  United States Last Checked:  February, 2024 Alternate Citation:  UT ST § 76-6-112 Date Adopted:  2012 Historical: 
Summary: This Utah law creates the crime of "agricultural operation interference ." A person commits agricultural operation interference if he or she records an image or sound from an agricultural operation by leaving a recording device without consent, obtains access to an agricultural operation under false pretenses, applies for employment with the intent to record, or without consent intentionally records the operation while committing criminal trespass.

Held Unconstitutional by Animal Legal Defense Fund v. Herbert, D.Utah, July 07, 2017

See also § 76-6-110. Offenses committed against animal enterprises--Definitions--Enhanced penalties

§ 76-6-112. Agricultural operation interference--Penalties

(1)(a) As used in this section, “agricultural operation” means private property used for the production of livestock, poultry, livestock products, or poultry products.

(b) Terms defined in Sections 76-1-101.5 and 76-6-101 apply to this section.

(2) An actor commits agricultural operation interference if the actor:

(a) without consent from the owner of the agricultural operation, or the owner's agent, knowingly or intentionally records an image of, or sound from, the agricultural operation by leaving a recording device on the agricultural operation;

(b) obtains access to an agricultural operation under false pretenses;

(c)(i) applies for employment at an agricultural operation with the intent to record an image of, or sound from, the agricultural operation;

(ii) knows, at the time that the actor accepts employment at the agricultural operation, that the owner of the agricultural operation prohibits the employee from recording an image of, or sound from, the agricultural operation; and

(iii) while employed at, and while present on, the agricultural operation, records an image of, or sound from, the agricultural operation; or

(d) without consent from the owner of the operation or the owner's agent, knowingly or intentionally records an image of, or sound from, an agricultural operation while the person is committing criminal trespass, as described in Section 76-6-206, on the agricultural operation.

(3)(a) A violation of Subsection (2)(a) is a class A misdemeanor.

(b) A violation of Subsection (2)(b), (c), or (d) is a class B misdemeanor.

Credits
Laws 2012, c. 213, § 1, eff. May 8, 2012; Laws 2023, c. 111, § 35, eff. May 3, 2023.

Editors' Notes

VALIDITY
<For validity of this section, see Animal Legal Defense Fund v. Herbert, 263 F.Supp.3d 1193, 2017 WL 2912423.>

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