76-10-2801 - Vehicle compartment for contraband -- Penalties.
76-10-2801. Vehicle compartment for contraband -- Penalties.
(1) As used in this section:
(a) (i) "Compartment" means any box, container, space, or enclosure:
(A) that is intended or designed to conceal, hide, or otherwise prevent the discovery ofcontraband; and
(B) that is within a vehicle or attached to a vehicle.
(ii) "Compartment" includes:
(A) false, altered, or modified fuel tanks;
(B) original factory equipment of a vehicle that is modified, altered, or changed toaccommodate or contain contraband; and
(C) a box, container, space, or enclosure that is fabricated, made, created from, or addedto the existing structure of a vehicle.
(b) (i) "Contraband" means any property, item, or substance which is unlawful toproduce or possess under state or federal law.
(ii) "Contraband" includes any cash or monetary instrument that is the proceeds of anunlawful activity under Subsection 76-10-1602(4).
(c) "Motor vehicle" has the same meaning as in Section 41-6a-102.
(d) "Semitrailer" has the same meaning as in Section 41-6a-102.
(e) "Trailer" has the same meaning as in Section 41-1a-102.
(f) "Vehicle" means a motor vehicle, a trailer, and a semitrailer.
(2) It is a class A misdemeanor for a person to knowingly possess, use, or control avehicle which has a compartment with the intent to store, conceal, or transport contraband in thecompartment.
(3) It is a third degree felony for a person to facilitate the storage, concealment, ortransportation of contraband by:
(a) designing, constructing, building, altering, or fabricating a compartment for a vehicle;
(b) installing or creating a compartment in a vehicle; or
(c) attaching a compartment to a vehicle.
(4) The trier of fact may infer that a person intended to store, conceal, or transportcontraband if the person possesses, uses, or controls a vehicle that has a compartment, and thecompartment contains:
(a) contraband; or
(b) evidence of prior storage, concealment, or transportation of contraband.
Enacted by Chapter 298, 2008 General Session