76-10-1603.5 - Violation a felony -- Costs -- Forfeiture -- Fines -- Divestiture -- Restrictions -- Dissolution or reorganization -- Prior restraint.
76-10-1603.5. Violation a felony -- Costs -- Forfeiture -- Fines -- Divestiture --Restrictions -- Dissolution or reorganization -- Prior restraint.
(1) A person who violates any provision of Section 76-10-1603 is guilty of a seconddegree felony. In addition to penalties prescribed by law, the court may order the person foundguilty of the felony to pay to the state, if the attorney general brought the action, or to the county,if the county attorney or district attorney brought the action, the costs of investigating andprosecuting the offense and the costs of securing the forfeitures provided for in this section. Theperson shall forfeit:
(a) any interest acquired or maintained in violation of any provision of Section76-10-1603;
(b) any interest in, security of, claim against, or property or contractual right of any kindaffording a source of influence over any enterprise which the person has established, operated,controlled, conducted, or participated in the conduct of in violation of Section 76-10-1603; and
(c) any property constituting or derived from the net proceeds which the person obtained,directly or indirectly, from the conduct constituting the pattern of unlawful activity or from anyact or conduct constituting the pattern of unlawful activity proven as part of the violation of anyprovision of Section 76-10-1603.
(2) If a violation of Section 76-10-1603 is based on a pattern of unlawful activityconsisting of acts or conduct in violation of Section 76-10-1204, 76-10-1205, 76-10-1206, or76-10-1222, the property subject to forfeiture under this section is limited to property, the seizureor forfeiture of which would not constitute a prior restraint on the exercise of an affected party'srights under the First Amendment to the Constitution of the United States or Utah ConstitutionArticle I, Section 15, or would not otherwise unlawfully interfere with the exercise of thoserights.
(3) In lieu of a fine otherwise authorized by law for a violation of Section 76-10-1603, adefendant who derives net proceeds from a conduct prohibited by Section 76-10-1603 may befined not more than twice the amount of the net proceeds.
(4) Property subject to forfeiture in accordance with the procedures and substantiveprotections of Title 24, Chapter 1, Utah Uniform Forfeiture Procedures Act:
(a) includes:
(i) real property, including things growing on, affixed to, and found in land; and
(ii) tangible and intangible personal property including money, rights, privileges,interests, claims, and securities of any kind; but
(b) does not include property exchanged or to be exchanged for services rendered inconnection with the defense of the charges or any related criminal case.
(5) Upon conviction for violating any provision of Section 76-10-1603, and in additionto any penalty prescribed by law and in addition to any forfeitures provided for in this section, thecourt may do any or all of the following:
(a) order restitution to any victim or rightful owner of property obtained, directly orindirectly, from:
(i) the conduct constituting the pattern of unlawful activity; or
(ii) any act or conduct constituting the pattern of unlawful activity that is proven as partof the violation of any provision of Section 76-10-1603;
(b) order the person to divest himself of any interest in or any control, direct or indirect,of any enterprise;
(c) impose reasonable restrictions on the future activities or investments of any person,including prohibiting the person from engaging in the same type of endeavor as the enterpriseengaged in, to the extent the Utah Constitution and the Constitution of the United States permit;or
(d) order the dissolution or reorganization of any enterprise.
(6) If a violation of Section 76-10-1603 is based on a pattern of unlawful activityconsisting of acts or conduct in violation of Section 76-10-1204, 76-10-1205, 76-10-1206, or76-10-1222, the court may not enter any order that would amount to a prior restraint on theexercise of an affected party's rights under the First Amendment to the Constitution of the UnitedStates or Utah Constitution Article I, Section 15.
(7) All rights, title, and interest in forfeitable property described in Subsections (1) and(2) are subject to forfeiture proceedings in accordance with the procedures and substantiveprotections of Title 24, Chapter 1, Utah Uniform Forfeiture Procedures Act.
(8) For purposes of this section, the "net proceeds" of an offense means propertyacquired as a result of the violation minus the direct costs of acquiring the property.
Amended by Chapter 129, 2007 General Session
Amended by Chapter 180, 2007 General Session