Title 76 - Utah Criminal Code - Chapter 5 - Offenses Against the Person - Part 1 - Assault and Related Offenses - Section 107.1 - Threats against schools.

Published: 2020-05-12

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Utah Code

Page 1

Effective 5/12/2020 Superseded 9/1/2021 76-5-107.1 Threats against schools. (1) As used in this section, "school" means a preschool or a public or private elementary or

secondary school. (2) An individual is guilty of making a threat against a school if the individual threatens in person

or via electronic means, either with real intent or as an intentional hoax, to commit any offense involving bodily injury, death, or substantial property damage, and:

(a) threatens the use of a firearm or weapon or hoax weapon of mass destruction, as defined in Section 76-10-401;

(b) acts with intent to: (i) disrupt the regular schedule of the school or influence or affect the conduct of students,

employees, or the general public at the school; (ii) prevent or interrupt the occupancy of the school or a portion of the school, or a facility or

vehicle used by the school; or (iii) intimidate or coerce students or employees of the school; or

(c) causes an official or volunteer agency organized to deal with emergencies to take action due to the risk to the school or general public.

(3) (a) A violation of Subsection (2)(a), (b)(i), or (b)(iii) is a class A misdemeanor. (b) A violation of Subsection (2)(b)(ii) is a class B misdemeanor. (c) A violation of Subsection (2)(c) is a class C misdemeanor.

(4) Counseling for the minor and the minor's family may be made available through state and local health department programs.

(5) It is not a defense to this section that the individual did not attempt to carry out or was incapable of carrying out the threat.

(6) In addition to any other penalty authorized by law, a court shall order an individual convicted of a violation of this section to pay restitution to any federal, state, or local unit of government, or any private business, organization, individual, or entity for expenses and losses incurred in responding to the threat, unless the court states on the record the reasons why the reimbursement would be inappropriate. Restitution ordered in the case of a minor adjudicated for a violation of this section shall be determined in accordance with Subsection 78A-6-117(2) (j).

(7) A violation of this section shall be reported to the local law enforcement agency. If the individual alleged to have violated this section is a minor, the minor may be referred to the juvenile court.