76-6-111 (Effective 11/01/10) - Wanton destruction of livestock -- Penalties -- Seizure and disposition of property.
76-6-111 (Effective 11/01/10). Wanton destruction of livestock -- Penalties --Seizure and disposition of property.
(1) As used in this section:
(a) "Law enforcement officer" is as defined in Section 53-13-103.
(b) "Livestock" means a domestic animal or fur bearer raised or kept for profit,including:
(i) cattle;
(ii) sheep;
(iii) goats;
(iv) swine;
(v) horses;
(vi) mules;
(vii) poultry; and
(viii) domesticated elk as defined in Section 4-39-102.
(2) Unless authorized by Section 4-25-4, 4-25-5, 4-25-14, 4-39-401, or 18-1-3, a personis guilty of wanton destruction of livestock if that person:
(a) injures, physically alters, releases, or causes the death of livestock; and
(b) does so:
(i) intentionally or knowingly; and
(ii) without the permission of the owner of the livestock.
(3) Wanton destruction of livestock is punishable as a:
(a) class B misdemeanor if the aggregate value of the livestock is $500 or less;
(b) class A misdemeanor if the aggregate value of the livestock is more than $500, butdoes not exceed $1,500;
(c) third degree felony if the aggregate value of the livestock is more than $1,500, butdoes not exceed $5,000; and
(d) second degree felony if the aggregate value of the livestock is more than $5,000.
(4) A material, device, or vehicle used in violation of Subsection (2) is subject toforfeiture under the procedures and substantive protections established in Title 24, Chapter 1,Utah Uniform Forfeiture Procedures Act.
(5) A peace officer may seize a material, device, or vehicle used in violation ofSubsection (2):
(a) upon notice and service of process issued by a court having jurisdiction over theproperty; or
(b) without notice and service of process if:
(i) the seizure is incident to an arrest under:
(A) a search warrant; or
(B) an inspection under an administrative inspection warrant;
(ii) the material, device, or vehicle has been the subject of a prior judgment in favor ofthe state in a criminal injunction or forfeiture proceeding under this section; or
(iii) the peace officer has probable cause to believe that the property has been used inviolation of Subsection (2).
(6) (a) A material, device, or vehicle seized under this section is not repleviable but is incustody of the law enforcement agency making the seizure, subject only to the orders and decreesof a court or official having jurisdiction.
(b) A peace officer who seizes a material, device, or vehicle under this section may:
(i) place the property under seal;
(ii) remove the property to a place designated by the warrant under which it was seized;or
(iii) take custody of the property and remove it to an appropriate location for dispositionin accordance with law.
Amended by Chapter 193, 2010 General Session