Pleasant View City Ordinances

Public Peace, Morals, and Welfare

Title 9 Public Peace, Morals, and Welfare Chapter

9.04 General Provisions 

Chapter 9.08 Criminal Responsibility 

Chapter 9.12 Inchoate Offenses 

Chapter 9.16 Offenses Against Public Officers and Government

Chapter 9.20 Offenses Against the Person

Chapter 9.24 Offenses Against Public Peace

Chapter 9.28 Offenses Against Public Decency 

Chapter 9.32 Offenses Against Property 

Chapter 9.36 Offenses by or Against Minors 

Chapters:

9.04 General Provisions 9 - 1

9.08 Criminal Responsibility 9 - 2

9.12 Inchoate Offenses 9 - 4

9.16 Offenses Against Public Officers and Government 9 - 5

9.20 Offenses Against the Person 9 - 10

9.24 Offenses Against Public Peace 9 - 12

9.28 Offenses Against Public Decency 9 - 15

9.32 Offenses Against Property 9 - 20

9.36 Offenses by or Against Minors 9 - 35

9.40 Weapons 9 - 36

9.44 Punishment 9 - 39

9.04.010 State Provisions Adopted

A. A person is subject to prosecution in the city for an offense which he/she commits, while either within or outside the city, by his/her own conduct or that of another for which he/she is legally accountable, if:

1. The offense is committed either wholly or partly within the city; or

2. The conduct outside the city constitutes an attempt to commit an offense within the city; or

3. The conduct outside the city constitutes a conspiracy to commit an offense within the city and an act in furtherance of the conspiracy occurs in the city; or

4. The conduct within the city constitutes an attempt, solicitation or conspiracy to commit in another jurisdiction an offense under the laws of both the city and such other jurisdiction.

B. An offense is committed partly within the city if either the conduct which is an element of the offense, or result which is such an element, occurs within the city.

A. Prosecutions under this code are subject to the following periods of limitation:

1. A prosecution for a misdemeanor must be commenced within two years after it is committed;

2. A prosecution for any infraction must be commenced within one year after it is committed.

. The period of limitation does not run against any defendant during any period of time he/she is out of the state following the commission of an offense. (Ord. 87-2 (CC 1.05), 1987)..

9.08.010 Definitions-Generally

A. Agent means any director, officer, employee or other person authorized to act in behalf of a corporation or association.

B. Corporation means all organizations required by the laws of the state or any other state to obtain a certificate of authority, a certificate of incorporation, or other form of registration to transact business as a corporation within the state or any other state and shall include domestic, foreign, profit and nonprofit corporations, but shall not include a corporation sole, as such term is used in Chapter 7, Title 16, UCA 1953. Lack of an appropriate certificate of authority, incorporation, or other form of registration shall be no defense when such organization conducted its business in a manner as to appear to have lawful corporate existence.

C. High managerial agent means:

1. A partner in a partnership;

2. An officer of a corporation or association;

A. Intentionally, or with intent or wilfully with respect to the nature of his/her conduct or to a result of his/her conduct, when it is his/her conscious objective or desire to engage in the conduct or cause the result;

B. Knowingly, or with knowledge, with respect to his/her conduct or to circumstances surrounding his/her conduct when he/she is aware of the nature of his/her conduct or the existing circumstances. A person acts knowingly, or with knowledge with respect to a result of his/her conduct when he/she is aware that his/her conduct is reasonably certain to cause the result.

C. Recklessly, or maliciously, with respect to circumstances surrounding his/her conduct or the result of his/her c onduct when he/she is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint.

D. With criminal negligence or is criminally negligent with respect to circumstances surrounding his/her conduct or the result of his/her conduct when he/she ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise in all the circumstances as view from the actor's standpoint. (Ord. 87-2 (CC 2.02), 1987)

A. That the actor belongs to a class of persons who by definition of the offense are legally incapable of committing the offense in an individual capacity; or

B. That the person for whose conduct the actor is criminally responsible has been acquitted, has not been prosecuted or convicted, has been convicted of a different offense or of a different type or class of offense or is immune from prosecution. (Ord. 87-2 (CC 2.05), 1987)

9.08.060 Corporation or Association

A. The conduct constituting the offense consists of an omission to discharge a specific duty of affirmative performance imposed on corporations or associations by law; or

. A person is criminally liable for conduct constituting an offense which he/she performs or causes to be performed in the name of or on behalf of a corporation or association to the same extent as if such conduct were performed in his/her own name or behalf. (Ord. 87-2 (CC 2.07), 1987). A corporation or association is guilty of an offense when:. In any prosecution in which an actor's criminal responsibility is based on the conduct of another, it is no defense:. Every person, acting with the mental state required for the commission of an offense who directly commits the offense, who solicits, requests, commands, encourages or intentionally aids another person to engage in conduct which constitutes an offense shall be criminally liable as a party for such conduct. (Ord. 87-2 (CC 2.04), 1987) . Every offense not involving strict liability shall require a culpable mental state, and when the definition of the offense does not specify a culpable mental state, intent, knowledge, or recklessness shall suffice to establish criminal responsibility. An offense shall involve strict liability only when a statute defining the offense clearly indicates a legislative purpose to impose strict liability for the conduct by use of the phrase strict liability or other terms of similar import. (Ord. 87-2 (CC 2.01), 1987) . A person engages in conduct:

9.12.010 Attempt

A. For purposes of this title a person is guilty of an attempt to commit a crime if, acting with the kind of culpability otherwise required for the commission of the offense, he/she engages in conduct constituting a substantial step toward commission of the offense.

B. For purposes of this title, conduct does not constitute a substantial step unless it is strongly corroborative of the actor's intent to commit the offense.

C. No defense to the offense of attempt shall arise:

1. Because the offense attempted was actually committed; or

A. A class B misdemeanor is a class C misdemeanor;

B. A class C misdemeanor or infraction is punishable by a penalty not exceeding one half the penalty for a class C misdemeanor. (Ord. 87-2 (CC 4.03), 1987)

. Conspiracy or attempt to commit:. For purposes of this part a person is guilty of conspiracy when he, intending that conduct constituting a crime be performed, agrees with one or more persons to engage in or cause the performance of such conduct and anyone of them commits an overt act in pursuance of the conspiracy. (Ord. 87-2 (CC 4-02), 1987)

A. A person is guilty of a class B misdemeanor if he/she intentionally disturbs an official meeting or commits any disorderly conduct in immediate view and presence of participants in an official meeting tending to interrupt its proceedings.

A. A person is guilty of an offense if, with intent to hinder, prevent or delay the discovery, apprehension, prosecution, conviction or punishment of another for the commission of a crime, he:

1. Knowing an offense has been committed, conceals it from magistrate; or

2. Harbors or conceals the offender; or

3. Provides the offender a weapon, transportation, disguise or other means for avoiding discovery or apprehension; or

4. Warns such offender of impending discovery or apprehension; or

5. Conceals, destroys, or alters any physical evidence that might aid in the discovery, apprehension or conviction of such person; or

6. Obstructs by force, intimidation, or deception anyone from performing an act which might aid in the discovery, apprehension, prosecution or conviction of such person.

A. A person is guilty of a class B misdemeanor if he:

1. Solicits, accepts or agrees to accept any benefit as consideration for his/her refraining from initiating or aiding in a criminal prosecution; or

2. Confers, offers or agrees to confer any benefit upon another as consideration for the person refraining from initiating or aiding in a criminal prosecution.

A. A person is guilty of escape if he/she escapes from official custody.

B. Escape is a class B misdemeanor.

C. Official custody, for the purpose of this section, means arrest, custody in a penal institution, jail, an institution for confinement of juvenile offenders, or other confinement pursuant to an order of the court. (Ord. 87-2 (CC 7.08), 1987) 9.16.090 Bail Jumping

A. A person is guilty of an offense when having been released on bail or on his/her own recognizance by court order or by other lawful authority upon condition that he/she subsequently appear personally upon a charge of an offense, he/she fails without just cause to appear at the time and place which has been lawfully designated for his/her appearance.

A. Material means capable of affecting the course or outcome of the proceeding. A statement is not material if it is retracted in the course of the official proceeding in which it was made before it became manifest that the falsification was or would be exposed and before it substantially affected the proceeding. Whether a statement is material is a question of law to be determined by the court.

A. He/she makes a false statement under oath or affirmation or swears or affirms the truth of the statement previously made and he/she does not believe the statement to be true if:

1. The falsification occurs in an official proceeding, or is made with a purpose to mislead a public servant in performing his/her official functions or

2. The statement is one which is required by law to be sworn or affirmed before a notary or other person authorized to administer oaths; or

B. He/she makes inconsistent statements under oath or affirmation, both within the period of limitations, one of which is false and not believed by him/her to be true. In a prosecution under this section, it need not be alleged or proved which of the statements is false but only that one or the other was false and not believed by the defendant to be true.

A. He/she makes a written false statement which he/she does not believe to be true on or pursuant to a form bearing a notification authorized by law to the effect that false statements made therein are punishable; or

B. With intent to deceive a public servant in the performance of his/her official function, he:

1. Makes any written false statement which he/she does not believe to be true, or

2. Knowingly creates a false impression in a written application for any pecuniary or other benefit by omitting, information necessary to prevent statements therein from being misleading, or

3. Submits or invites reliance on any writing which he/she knows to be lacking in authenticity, or

4. Submits or invites reliance on any sample, specimen, map, boundary mark or other object which he/she knows to be false.

A. Knowingly gives or causes to be given false information to any law enforcement officer with a purpose of inducing the officer to believe that another has committed an offense; or

9.16.200 Falsification or Alteration of Government Record

A . Knowingly makes a false entry in or false alteration of anything belonging to, received or kept by the government for information or record, or required by law to be kept for information of the government; or

B. Presents or uses anything knowing it to be false and with a purpose that it be taken as a genuine part of information of records referred to in subsection A of this section; or

A. A person is guilty of giving a false alarm if he/she initiates or circulates a report or warning of any fire, impending bombing, or other crime or catastrophe, knowing that the report of warning is false or baseless and is likely to cause evacuation of any building, place of assembly, on facility of public transport, to cause public inconvenience or alarm or action of any sort by any official or volunteer agency organized to deal with emergencies.

B. Giving a false alarm is a class B misdemeanor. (Ord. 87-2 (CC 8.05), 1987)

9.16.240 Abuse of Flag

A. A person is guilty of abuse of a flag if he:

1. Intentionally places any unauthorized inscription or other thing, upon any flag of the United States or of any state of the United States; or

2. Knowingly exhibits any such flag, knowing the inscription or other thing to be unauthorized; or

3. For purposes of advertising a product or service for sale or for distribution, affixes a representation of the flag of the United States or of a state of the United States to the product or on any display whereon the product or service is advertised; or

4. Knowingly casts contempt upon the flag of the United States or of any state of the United States by publicly mutilating, defacing, defiling, burning or trampling upon it.

B. Abuse of a flag is a class B misdemeanor. (Ord. 87-2 (CC 8.16), 1987)

. . . A person is guilty of a class B misdemeanor who, with a purpose to procure the compliance of another with a request made by the person, knowingly sends, mails or delivers to the person a notice or other writing which has no judicial or other sanction but which in its format or appearance simulates a summons, complaint, court order, or process, or an insignia, seal, or printed form of a federal, state or local government or an instrumentality thereof, or is otherwise calculated to induce a belief that it does have a judicial or other official sanction. (Ord. 87-2 (CC 7.22), 1987) . A person is guilty of a class B misdemeanor if he/she impersonates a public servant or a peace officer with intent to deceive another or with intent to induce another to submit to his/her pretended official authority or to rely upon his/her pretended official act. (Ord. 87-2 (CC 7.21), 1987) . A person is guilty of a class B misdemeanor if he:. A person commits a class C misdemeanor if, with intent of misleading a law enforcement officer as to his/her identity, he/she knowingly gives a false name or address to a law enforcement officer in the lawful discharge of his/her official duties. (Ord. 87-2 (CC 7.19), 1987) . A person is guilty of a class B misdemeanor if he:. A person is guilty of a class B misdemeanor if:. A person is guilty of a class B misdemeanor if:. For the purpose of Sections 9.16.160 through 9.16.220:. Every person who maliciously removes or injures any milepost or milestone or guidepost or any inscription on them, erected upon any highway, is guilty of a class B misdemeanor. (Ord. 87-2 (CC 7.14), 1987) . Every person who intentionally defaces, obliterates, tears down, or destroys any copy or transcript or extract from or of any law of the United States or of this state, or any proclamation, advertisement, or notice set up at any place in this state by authority of any law of the United States or of this state, or by order of any court or of any public officer, before the expiration of the time for which the same was to remain set up, is guilty of an infraction. (Ord. 87-2 (CC 7.13), 1987) . Every person who commences or carries on any business, trade, profession, or calling, for the transaction or carrying on of which a license is required by any law, or by any county, city or town ordinance, without taking out the license required by law or ordinance is guilty of a class B misdemeanor. (Ord. 87-2 (CC 7.12), 1987) Every person who, when requested by the assessor or collector of taxes or license fees, refuses to give to the assessor or collector the name and residence of each man in his/her employ, or to give the assessor or collector access to the building or place where such men are employed, is guilty of a class B misdemeanor. (Ord. 87-2 (CC 7.11), 1987) . Every person who willfully obstructs or hinders any public officer from collecting any revenue, taxes, or other sums of money in which the people of this state are interested and which such officer is by law empowered to collect, is guilty of a class B misdemeanor. (Ord. 87-2 (CC 7.10), 1987) . .. . A person is guilty of a class B misdemeanor if, upon command by a peace officer identifiable or identified by him/her as such, he/she unreasonably fails or refuses to aid the peace officer in effecting an arrest or in preventing the commission of any offense by another person. (Ord. 87-2 (CC 7.06), 1987).. A person is guilty of a class B misdemeanor if hes/she has knowledge, or by the exercise of reasonable care, should have knowledge, that a peace officer is seeking to effect a lawful arrest or detention of himself or another and interferes with such arrest or detention by use of force or by use of any weapon. (Ord. 87-9.16, 1987: Ord. 87-2 (CC 7.04), 1987) .. A person is guilty of a class B misdemeanor if he/she pickets or parades in or near a building which houses a court of this state with intent to obstruct access to that court or to affect the outcome of a case pending before that court. (Ord. 87-2 (CC 7.02), 1987)

9.20.010 Assault

A. Assault is:

1. An attempt, with unlawful force or violence, to do bodily injury to another; or

2. A threat, accompanied by a show of immediate force or violence, to do bodily injury to another.

A. A person is guilty of harassment if, with intent to frighten or harass another, he/she communicates in writing a threat to commit any violent felony.

A. A person commits terroristic threat if he/she threatens to commit any offense involving violence with intent:

1. To cause action of any sort by an official or volunteer agency organized to deal with emergencies; or

2. To place a person in fear of imminent serious bodily injury; or

3. To prevent or interrupt the occupation of a building, room, place of assembly, place to which the public has access, or aircraft, automobile, or other form of conveyance.

A. A person commits unlawful detention if he/she knowingly restrains another unlawfully so as to interfere substantially with his/her liberty.

A. A person is guilty of telephone harassment and subject to prosecution in the jurisdiction where the telephone call originated or was received if, with intent to annoy or alarm another, he:

1. Makes a telephone call, whether or not a conversation ensues, without purpose of lawful communication; or

2. Makes repeated telephone calls at extremely inconvenient hours or in offensively coarse language; or

3. Insults, taunts or challenges another in a manner likely to intimidate or provoke a violent or disorderly response.

B. Telephone harassment is a class B misdemeanor. (Ord. 87-2 (CC 8.06), 1987)

.. .. Any person who has been restrained from abusing another, or who has been ordered to vacate a dwelling by a protective order issued pursuant to Chapter 6 of Title 30, UCA 1979, violates that order after having been properly served with it, is guilty of a class B misdemeanor. (Ord. 87-2 (CC 5.03), 1987) .

9.24.010 Riot

A. A person is guilty of riot if:

1. Simultaneously with two or more other persons he/she engages in tumultuous or violent conduct and thereby knowingly or recklessly creates a substantial risk of causing public alarm; or

2. He/she assembles with two or more other persons with the purpose of engaging soon thereafter in tumultuous or violent conduct, knowing that the two or more other persons in the assembly have the same purpose; or

3. He/she assembles with two or more other persons with the purpose of committing an offense against a person or property of another whom he/she supposes to be guilty of a violation of law, believing that the two or more other persons in the assembly have the same purpose.

B. Any person who refuses to comply with a lawful order to withdraw given to him/her immediately prior to, during, or immediately following a violation of subsection A is guilty of riot. It is no defense to a prosecution under this subsection that withdrawal must take place over private property; provided, however, that no persons so withdrawing shall incur criminal or civil liability by virtue of acts reasonably necessary to accomplish the withdrawal.

A. A person is guilty of disorderly conduct if:

1. He/she refuses to comply with the lawful order of the police to move from a public place, or knowingly creates a hazardous or physically offensive condition, by any act which serves no legitimate purpose; or

2. Intending to cause public inconvenience, annoyance, or alarm, or recklessly creating a risk thereof:

a. He/she engages in fighting or in violent, tumultuous or threatening behavior; or

b. He/she makes unreasonable noises in a public place; or

c. He/she makes unreasonable noises in a private place which can be heard in a public place; or

d. He/she engages in abusive or obscene language or makes obscene gestures in a public place; or

e. He/she obstructs vehicular or pedestrian traffic.

B. Public place for the purpose of this section, means any place to which the public or a substantial group of the public has access and includes but is not limited to streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.

A. A person is guilty of disrupting a meeting or procession if, intending to prevent or disrupt a lawful meeting, procession, or gathering he/she obstructs or interferes with the meeting, procession or gathering by physical action, verbal utterance, or any other means.

A. A person is guilty of failure to disperse when he/she remains at the scene of a riot, disorderly conduct, or an unlawful assembly after having been ordered to disperse by a peace officer.

B. This section shall not apply to a person who attempted to but was unable to leave the scene of the riot or unlawful assembly.

A. It is unlawful for any person, either directly or indirectly, to get or gather alms within the limits of the city.

A. Eavesdrop means to overhear, record, amplify or transmit any part of a wire or oral communication of others without the consent of at least one party thereto by means of any electronic, mechanical or other device.

B. Private place means a place where one may reasonably expect to be safe from casual or hostile intrusion or surveillance.

A. A person is guilty of privacy violation if, except as authorized by law, he:

1. Trespasses on property with intent to subject anyone to eavesdropping or other surveillance in a private place; or

2. Installs in any private place, without the consent of the person or persons entitled to privacy there, any device for observing, photographing, recording, amplifying or broadcasting sounds or events in the place or uses any such unauthorized installation; or

3. Installs or uses outside of a private place any device for hearing, recording, amplifying or broadcasting sounds originating in the place which would not ordinarily be audible or comprehensible outside, without the consent of the person or persons entitled to privacy there.

A. Intercepts, without the consent of the sender or receiver, a message by telephone, telegraph, letter or other means of communicating privately; this subsection does not extend to:

1. Overhearing of messages through a regularly installed instrument on a telephone party line or on an extension; or

2. Interception by the telephone company or subscriber incident to enforcement of regulations limiting use of the facilities or to other normal operation and use; or

A. A person is guilty of emergency telephone abuse if he:

1. Intentionally refuses to yield or surrender the use of a party line or a public pay telephone to another person upon being informed that the telephone is needed to report a fire or summon police, medical or other aid in case of emergency, unless the telephone is likewise being used for an emergency call; or

2. Asks for or requests the use of a party line or a public pay telephone on the pretext that an emergency exists, knowing that no emergency exists.

B. Emergency telephone abuse is a class C misdemeanor.

C. For the purpose of this section:

1. Emergency means a situation in which property or human life is in jeopardy and the prompt summoning of aid is essential to the preservation of human life or property.

2. Party line means a subscriber's line or telephone circuit consisting of two or more main telephone stations connected therewith, each station with a distinctive ring or telephone number. (Ord. 87-2 (CC 8.07), 1987)

.. A person commits communication abuse if, except as authorized by law, he:......

A. A person is guilty of loitering if he/she appears at a place or at a time under circumstances that warrant alarm for the safety of persons or property in the vicinity, and upon inquiry by a law enforcement official, he/she fails to give a reasonably credible account of his/her identity, conduct or purposes.

B. No person shall be convicted under this section if the explanation he/she gave of his/her conduct and purposes was true and, if believed by the law enforcement official at the time, would have dispelled the alarm.

A. A person is guilty of abuse of a corpse if he/she intentionally and unlawfully:

1. Removes, conceals, dissects or destroys a corpse or any part thereof; or

2. Disinters a corpse that has been buried or otherwise interred.

A. Definitions. As used in this section wilfully means simply a purpose or willingness to commit the act or to omit an act referred to herein.

B. Except those sections defining crimes and penalties therefore, over which the justice of the peace does not have jurisdiction, the Criminal Code, Title 76, Section 76-10-1201 and 76-10-1203 of the UCA 1953, as amended from time to time is adopted and incorporated in this section by reference.

C. It shall be unlawful for any person:

1. To knowingly or wilfully bathe in the nude in public or in such a manner that the nude body is exposed to the view of other persons;

2. To expose his/her private parts or go nude, or topless (if female) or bottomless in any public place or to procure, counsel or assist any other person to so expose themselves;

3. To urinate or stool in any public place (except public restrooms) or in any place exposed to public view or to procure, counsel, or aid any other person to do so.

D. Lewdness

1. A person is guilty of lewdness if the person under circumstances not amounting to rape, object rape, forcible sodomy, forcible sexual abuse, or an attempt to commit any of these offenses, performs an act of sexual intercourse or sodomy, exposes his/her genitals or private parts, masturbates, engages in trespassory voyeurism, or performs any other act of gross lewdness, in a public place or under circumstances which he/she should know will likely cause affront or alarm to, on, or in the presence of another who is fourteen years of age or older.

A. No person shall:

1. Permit drunkenness to take place in any house or on any premises of which he/she is the owner, tenant or occupant; or

2. Permit or suffer any person apparently under the influence of liquor to consume any liquor in any house or on any premises of which the first-named is owner, tenant or occupant; or

3. Give any liquor to any person apparently under the influence of liquor.

A. Gambling means risking anything of value for a return or risking anything of value upon the outcome of a contest, game, gaming scheme or gaming device when the return or outcome is based upon an element of chance and is in accord with an agreement or understanding that someone will receive something of value in the event of a certain outcome; gambling does not include:

1. A lawful business transaction; or

2. Playing an amusement device that confers only an immediate and unrecorded right of replay not exchangeable for value.

B. Gambling bet means money, checks, credit or any other representation of value.

C. Gambling device or record means anything specifically designed for use in gambling or used primarily for gambling.

A. A person is guilty of gambling if he:

1. Participates in gambling; or

2. Knowingly permits any gambling to be played, conducted or dealt upon or in any real or personal property owned, rented, or under the control of the actor, whether in whole or in part.

A. Whenever any magistrate shall determine that any devices or equipment is used or kept for the purpose of gambling, the magistrate may authorize the city council in conjunction with its police chief to seize the devices and sell them for the best price obtainable. The sale must be made to a person of good character and repute who is a bona fide resident of a state where it is lawful to use the equipment. The officials conducting the sale shall place the equipment on a public carrier, properly consigned to the purchaser at the place of this residence.

B. The proceeds of any sale shall be paid into the treasury of the city.

C. If no sale is consummated within ninety days of the authorization therefor, the device or equipment shall be destroyed under the direction of the magistrate.

A. At the commencement of any prosecution for a violation of this chapter any gambling bets or gambling proceeds which are reasonably identifiable as having been used or obtained in violation of this chapter may be seized and they shall be held pending the disposition of the proceedings. At the conclusion of the proceedings, any person who is found guilty of a violation of this chapter shall forfeit any sums held by the court which were acquired or being used in violation of this chapter. Any sums not identifiable, or in the event the individual is found not guilty, shall be returned to him.

B. A commencement or prosecution shall occur upon arrest, issuance of a complaint or indictment, whichever occurs first.

A. House of prostitution means a place where prostitution or promotion of prostitution is regularly carried on by one or more persons under the control, management or supervision of another.

B. Inmate means a person who engages in prostitution in or through the agency of a house of prostitution.

C. Public place means any place to which the public or any substantial group thereof has access.

A. A person is guilty of prostitution when:

1. He/she engages or offers or agrees to engage in any sexual activity with another person for a fee; or

2. Is an inmate of a house of prostitution; or

3. Loiters in or within view of any public place for the purpose of being hired to engage in sexual activity,

A. He/she pays or offers or agrees to pay another person a fee for the purpose of engaging in an act of sexual activity; or

A. A person is guilty of aiding prostitution if he:

1. Solicits a person to patronize a prostitute; or

2. Procures or attempts to procure a prostitute for a patron; or

3. Knowingly leases or otherwise permits a place controlled by the actor, alone or in association with another, to be used for prostitution or the promotion of prostitution; or

4. Solicits, receives or agrees to receive any benefit for doing any of the acts prohibited by this subsection.

B. Aiding prostitution is a class B misdemeanor. (Ord. 87-2 (CC 9.39), 1987)

.. A person is guilty of patronizing a prostitute when:. . For purposes of Sections 9.28.160 through 9.28.180, the following terms shall have the meanings set out in this section:.... . The entire Chapter 10, Part 1, Title 76 UCA, 1953, as amended from time to time, is adopted and incorporated in the criminal code by reference. (Ord. 87-9.40, 1987), 1987) . 2 Except for those sections defining controlled substances, drug paraphernalia and imitation controlled substances crimes, and penalties therefor over which the justice of the peace does not have jurisdiction, the entire Chapter 37, Title 58 UCA, 1953, as amended from time to time is adopted and incorporated in the criminal code by reference. (Ord. 87-9.24(x) 1, 1987) . Except as provided by state law, the manufacture, sale, keeping or storing for sale in the city, or offering or exposing for sale, or importing, carrying, transporting, advertising, distributing, giving away, exchanging, dispensing or serving of liquors in the city, is prohibited, and it is unlawful for any person within the corporate limits of the city to knowingly have in his, her or its possession any intoxicating liquors except as provided by state law. (Ord. 87-2 (CC 8.23), 1987) .. No person shall sell or supply any alcoholic beverage or permit alcoholic beverages to be sold or supplied to any person under or apparently under the influence of liquor. A violation of this section is a class B misdemeanor. (Ord. 87-2 (CC 8.18), 1987) . Any person who drinks any intoxicating liquor in any street, alley, park, theater, store or in any vehicle commonly used for the public transportation of passengers, or who is drunk or intoxicated in a public place, or who is drunk or intoxicated in a private place where he/she unreasonably disturbs another person, within the corporate limits of the city, shall be deemed guilty of a class B misdemeanor. (Ord. 87-2 (CC 8.17), 1987) . 1..

9.32.010 Property Destruction-Definitions

A. Property means any form of real property or tangible personal property which is capable of being damaged or destroyed and includes a habitable structure.

B. Property is that of another, if anyone other than the actor has possessory or proprietary interest in any portion thereof.

C. Value means:

1. The market value of the property, if totally destroyed, at the time and place of the offense, or when cost of replacement exceeds the market value; or

2. Where the market value cannot be ascertained, the cost of repairing or replacing the property within a reasonable time following the offense;

A. A person is guilty of arson if under circumstances not amounting to aggravated arson as defined in Section 76-6-103, UCA 1973, by means of fire or explosives, he/she unlawfully and intentionally damages the property of another.

A. A person is guilty of reckless burning if he/she damages the property of another by reckless use of fire or by causing an explosion.

A. A person commits criminal mischief if:

1. He/she intentionally damages, defaces or destroys the property of another.

2. He/she recklessly or wilfully shoots or propels a missile or other object at or against a motor vehicle, bus, airplane, boat, locomotive, train, railway car or caboose, whether moving or standing.

A. For purposes of this section enter means intrusion of the entire body.

B. A person is guilty of criminal trespass if, under circumstances not amounting to burglary as defined in Sections 76-6-202, 76-6-203 or 76-6-204, UCA, 1953:

1. He/she enters or remains unlawfully on property and:

a. Intends to cause annoyance or injury to any person thereon or damage to any property thereon, or

b. Intends to commit any crime, other than theft or a felony,

c. Is reckless as to whether his/her presence will cause fear for the safety of another;

2. Knowing his/her entry or presence is unlawful, he/she enters or remains on property as to which notice against entering is given by;

a. Personal communication to the actor by the owner or someone with apparent authority to act for the owner; or

b. Fencing or other enclosure obviously designed to exclude intruders; or

c. Posting of signs reasonably likely to come to the attention of intruders.

C. It is a defense to prosecution under this section:

1. That the property was open to the public when the actor entered or remained; or

2. The actor's conduct did not substantially interfere with the owner's use of the property.

A. Deception occurs when a person intentionally:

1. Creates or confirms by words or conduct an impression of law or fact that is false and that the actor does not believe to be true and that is likely to affect the judgment of another in the transaction; or

2. Fails to correct a false impression of law or fact that the actor previously created or confirmed by words or conduct that is likely to affect the judgment of another and that the actor does not now believe to be true; or

3. Prevents another from acquiring information likely to affect his/her judgment in the transaction; or

4. Sells or otherwise transfers or encumbers property without disclosing a lien, security interest, adverse claim, or other legal impediment to the enjoyment of the property, whether the lien, security interest, claim or impediment is or is not valid or is or is not a matter of official record; or

5. Promises performance that is likely to affect the judgment of another in the transaction, which performance the actor does not intend to perform or knows will not be performed; provided, however, that failure to perform the promise in issue without other evidence of intent or knowledge is not sufficient proof that the actor did not intend to perform or knew the promise would not be performed.

B. Obtain means, in relation to property, to bring about a transfer of possession or of some other legally recognized interest in property, whether to the obtainer or another; in relation to labor or services, to secure performance thereof; and in relation to a trade secret, to make any facsimile, replica, photograph, or other reproduction.

C. Obtain or exercise unauthorized control means, but is not necessarily limited to, conduct heretofore defined or known as common-law larceny by trespassory taking, larceny by conversion, larceny by bailee, and embezzlement.

D. Property means anything of value, including real estate, tangible and intangible personal property, captured or domestic animals and birds, written instruments or other writings represented or embodying rights concerning real or personal property, labor, service or otherwise containing anything of value to the owner, commodities of a public utility nature such as telecommunications, gas, electricity, steam or water, and trade secrets meaning the whole or any portion of any scientific or technical information, design, process, procedure, formula or invention which the owner thereof intends to be available only to persons selected by him.

E. Purpose to deprive means to have the conscious object:

1. To withhold property permanently or for so extended a period or to use under such circumstances that a substantial portion of its economic value, or of the use and benefit thereof, would be lost; or

2. To restore the property only upon payment of a reward or other compensation; or

A. Possession of property recently stolen, when no satisfactory explanation of such possession is made, shall be deemed prima facie evidence that the person in possession stole the property.

B. It is no defense under this part that the actor has an interest in the property or service stolen if another person also has an interest that the actor is not entitled to infringe, provided an interest in property for purposes of this subsection shall not include a security interest for the repayment of a debt or obligation.

C. It is a defense under sections 9.32.070 through 9.32.160 that the actor:

1. Acted under an honest claim of right to the property or service involved; or

2. Acted in the honest belief that he/she had the right to obtain or exercise control over the property or service as he/she did; or

A. A person commits theft if he/she obtains or exercises control over property of another by deception and with a purpose to deprive him/her thereof.

B. Theft by deception does not occur, however, when there is only falsity as to matters having no pecuniary significance, of puffing by statements unlikely to deceive ordinary persons in the group addressed. Puffing means an exaggerated commendation of wares or worth in communications addressed to the public or to a class or group. (Ord. 87-2 (CC 6.10), 1987) 9.32.110 TheftExtortion

A. A person is guilty of theft if he/she obtains or exercises control over the property of another by extortion and with a purpose to deprive him/her thereof.

B. As used in this section, extortion occurs when a person threatens to:

1. Cause physical harm in the future to the person threatened or to property at any time; or

2. Subject the person threatened or any other person to physical confinement or restraint; or

3. Engage in other conduct constituting a crime; or

4. Accuse any person of a crime or expose him/her to hatred, contempt or ridicule; or

5. Reveal any information sought to be concealed by the person threatened; or

6. Testify or provide information or withhold testimony or information with respect to another's legal claim or defense; or

7. Take action as an official against anyone or anything, or withhold official action, or cause such action or withholding; or

8. Bring about or continue a strike, boycott, or other similar collective action to obtain property which is not demanded or received for the benefit of the group which the actor purports to represent; or

9. Do any other act which would not in itself substantially benefit him/her but which would harm substantially any other person with respect to that person's health, safety, business, calling, career, financial condition, reputation or personal relationships. (Ord. 87-2 (CC 6.11), 1987) 9.32.120 TheftLost or Mistakenly Delivered Property

A. He/she obtains property of another which he/she knows to have been lost or mislaid, or to have been delivered under a mistake as to the identity of the recipient or as to the nature or amount of the property, without taking reasonable measures to return it to the owner; and

A. As used in this section:

1. Dealer means a person in the business of buying or selling goods.

2. Receives means acquiring possession, control or title or lending on security of the property.

B. A person commits theft if he/she receives, retains, or disposes of the property of another knowing that it has been stolen, or believing that it probably has been stolen or who conceals, sells, withholds or aids in concealing, selling or withholding any property from the owner, knowing the property to be stolen, with a purpose to deprive the owner thereof.

C. The knowledge or belief required for subsection B of this section is presumed in the case of an actor who:

1. Is found in possession or control of other property stolen on a separate occasion; or

2. Has received other stolen property within the year preceding the receiving offense charged; or

3. Being a dealer in property of the sort received, retained or disposed, acquires it for a consideration which he/she knows is far below its reasonable value;

4. Is a pawnbroker or person who has or operates a business dealing in or collecting used or secondhand merchandise or personal property, or an agent, employee or representative of the pawnbroker or person who buys, receives or obtains property to certify, in writing, that he/she has the legal rights to sell the property. If the value given the property exceeds twenty dollars, the pawnbroker or person shall also require the seller or person delivering the property to obtain a legible print, preferably the right thumb, at the bottom of the certificate next to his/her signature and at least one other positive form of identification.

a. Every pawnbroker or person who has or operates a business dealing in or collecting used or secondhand merchandise or personal property, and every agent, employee or representative of the pawnbroker or person who fails to comply with the requirements of subdivision 4 of this subsection shall be presumed to have bought, received or obtained the property knowing it to have been stolen or unlawfully obtained. This presumption may be rebutted by proof.

A. As used in this section, services includes, but is not necessarily limited to, labor, professional service, public utility, and transportation services, restaurant, hotel, motel, tourist cabin, rooming house, and accommodations, the supplying of equipment, tools, vehicles, or trailers for temporary use, telephone or telegraph service, gas, electricity, water or steam and the like, admission to entertainment, exhibitions, sporting events, or other events for which a charge is made.

B. A person commits theft if he/she obtains services which he/she knows are available only for compensation by deception, threat, force, or any other means designed to avoid the due payment therefor.

A. Theft of property and services as provided in this chapter shall be punishable as a class B misdemeanor if the value of the property stolen was one hundred dollars or less.

A. Any person who, having no privileges to do so, knowingly falsifies, destroys, removes or conceals any writing, other than the writings enumerated in Section 76-6-503, UCA, 1953, or record, public or private, with intent to deceive or injure any person or to conceal any wrongdoing is guilty of tampering with records.

A. Gives false information on an application for the purpose of procuring a card of identification;

B. Knowingly has possession of or has under his/her control an altered or fictitious card of identification; or

A. Any person who issues or passes a check for the payment of money, for the purpose of obtaining from any person, firm, partnership, or corporation, any money, property or other thing of value or paying for any services, wages, salary, labor or rent, knowing it will not be paid by the drawee and payment is refused by the drawee, is guilty of issuing a bad check.

B. For purposes of this section, a person who issues a check for which payment is refused by the drawee is presumed to know the check would not be paid if he/she had no account with the drawee at the time of issue.

A. Definitions Defense.

1. A person is guilty of a class B misdemeanor if in the course of business, he:

a. Uses or possesses for use a false weight or measure, or any other device for falsely determining or recording any quality or quantity;

b. Takes or attempts to take more than the represented quantity of any commodity or service when as buyer he/she furnishes the weight or measure; or

c. Sells, offers or exposes for sale adulterated or mislabeled commodities.

2a. Adulterated means varying from the standard of composition or quality prescribed, or pursuant to any statute providing criminal penalties for a variance, or set by established commercial usage.

b. Mislabeled means varying from the standard of truth or disclosure in labeling prescribed by or pursuant to any statute providing criminal penalties for a variance, or set by established commercial usage.

3. It is an affirmative defense to prosecution under this section that the defendant's conduct was not knowing or reckless.

B. Bribery of or Receiving Bribe by Person in the Business of Selection, Appraisal or Criticism of Goods or Services.

1. A person is guilty of a class B misdemeanor when, without the consent of the employer or principal, contrary to the interests of the employer or principal:

a. He/she confers, offers or agrees to confer upon the employee, agent or fiduciary of an employer or principal any benefit with the purpose of influencing the conduct of the employee, agent, or fiduciary in relating to his/her employer's or principal's affairs; or

b. He, as an employee, agent or fiduciary of an employer or principal, solicits, accepts or agrees to accept any benefit from another upon an agreement or understanding that such benefit will influence his/her conduct in relation to his/her employer's or principal's affairs; provided, that this section does not apply to inducements made or accepted solely for the purpose of causing a change in employment by an employee, agent or fiduciary.

2. A person is guilty of violation of this section if he/she holds himself out to the public as being engaged in the business of making disinterested selection, appraisal, or criticism of goods or services and he/she solicits, accepts or agrees to accept any benefit to influence his/her selection, appraisal, or criticism.

A. He/she destroys, removes, conceals, encumbers, transfers or otherwise deals with property subject to a security interest with a purpose to hinder enforcement of that interest; or

B. Knowing that proceedings have been or are about to be instituted for the appointment of a person entitled to administer property for the benefit of creditors, he:

1. Destroys, removes, conceals, encumbers, transfers, or otherwise deals with any property with a purpose to defeat or obstruct the claim of any creditor, or otherwise to obstruct the operation of any law relating to administration of property for the benefit of creditors; or

A. As used in this section:

1. Coin machine means any mechanical or electronic device or receptacle designed to receive a coin or bill of a certain denomination or a token made for the purpose, and in return for the insertion or deposit thereof, automatically to offer, provide, assist in providing or permit the acquisition of property or a public or private service.

2. Slug means any object which, by virtue of its size, shape, or other quality, is capable of being inserted, deposited, or otherwise used in a coin machine as an improper substitute for a genuine coin, bill or token.

B. A person is guilty of a class B misdemeanor if:

1. With a purpose to defraud the supplier of property or a service offered or sold by means of a coin machine, he/she inserts, deposits or uses a slug in that machine; or

A. A person is guilty of criminal simulation if, with intent to defraud another:

1. He/she makes or alters an object in whole or in part so that it appears to have value because of age, antiquity, rarity, source or authorship that it does not have; or

2. He/she sells, passes or otherwise utters an object so made or altered; or

3. He/she possesses an object so made or altered with intent to sell, pass or otherwise utter it; or

4. He/she authenticates or certifies an object so made or altered as genuine or as different from what it i s.