(HB 1149)
Certain crimes revised.
Section
1.
That
§
1-1-11
be repealed.
Section
2.
That
§
2-4-6
be amended to read as follows:
2-4-6.
Every person who intentionally
and
,
by force or fraud
,
prevents the Legislature of this
state or either of the branches composing it, or any of the members thereof, from meeting or
organizing, is guilty of a Class 4 felony.
Section
3.
That
§
2-4-8
be amended to read as follows:
2-4-8.
Every person who intentionally
and
,
by force or fraud
,
compels or attempts to compel
the Legislature of this state, or either of the branches composing it, to adjourn or disperse, is guilty
of a Class 4 felony.
Section
4.
That
§
2-4-10
be amended to read as follows:
2-4-10.
Every person who intentionally
, by force or fraud,
compels or attempts to compel either
branch of the Legislature of this state to pass, amend, or reject any bill or resolution, or to grant
or refuse any petition, or to perform or omit to perform any other official act, is guilty of a Class
4 felony.
Section
5.
That
§
2-7-21
be amended to read as follows:
2-7-21.
Any person who
fraudulently
alters a bill which has been passed by the Legislature of
this state, with intent to have it approved by the Governor, certified by the secretary of state, or
printed or published by the printer of the statutes, in language different from that in which it was
passed by the Legislature, is guilty of a Class 6 felony.
Section
6.
That
§
23A-28B-35
be amended to read as follows:
23A-28B-35.
No person may submit a fraudulent application or claim for a victims'
compensation award, may intentionally make or cause to be made any false statement or
representation of a material fact in a claim, or may intentionally conceal or fail to disclose
information affecting the amount of or the initial or continued right to any such claim or award
when reasonably requested to provide such information by the department or the commission.
Section
7.
That
§
23A-43-31
be amended to read as follows:
23A-43-31.
Any person who, having been released pursuant to this chapter, fails to appear
before any court or judicial officer as required or fails to comply with the provisions of § 23A-43-
4.2 shall, subject to the provisions of this title, forfeit any security which was given or pledged for
such person's release and, in addition, shall:
24-11-48.
No employee or other person may deliver or procure to be delivered, or have in such
person's possession with intent to deliver, to any person incarcerated in a jail or a juvenile
detention facility, or deposit or conceal in or around any jail or in or around a juvenile detention
facility, or in any mode of transport entering the grounds of any jail or juvenile detention facility
and its ancillary facilities used to house inmates or juveniles, any article or thing
contrary
prohibited pursuant
to § 24-11-47 with intent that any inmate obtain or receive the same. A
violation of this section is a Class 6 felony.
Section
9.
The code counsel shall transfer
§
25-5A-7.1 to a newly created chapter in Title 22
entitled "Offenses Against the Family" and shall renumber the section accordingly and adjust all
appropriate cross references.
Section
10.
That
§
25-7-15
be amended to read as follows:
25-7-15.
The parent of any child under the age of
six
ten
years and any person to whom any
such child has been confided for nurture or education who deserts such child in any place
whatever
with intent
to
wholly
to
abandon
it
the child
, is guilty of a
Class 6
Class 4
felony.
Section
11.
That
§
25-10-13
be amended to read as follows:
25-10-13.
If a temporary protection order or a protection order is granted pursuant to this
chapter
or is a foreign protection order pursuant to
§
25-10-12.1
, and the respondent or person to
be restrained knows of the order, violation of the order is a Class 1 misdemeanor. If any violation
of this section constitutes an assault pursuant to
§ 22-18-1.1
§
22-18-1
, the violation is a Class 6
felony. If a respondent or person to be restrained has been convicted of, or entered a plea of guilty
to, two or more violations of this section, the factual basis for which occurred after the date of the
second conviction, and occurred within five years of committing the current offense, the
respondent or person to be restrained is guilty of a Class 6 felony for any third or subsequent
offense. Any proceeding under this chapter is in addition to other civil or criminal remedies.
Section
12.
That
§
31-28-23
be amended to read as follows:
31-28-23.
No person may, without lawful authority, attempt or actually alter, deface, injure,
knock down, remove, or in any manner molest or interfere with any official highway marker, sign,
guide board, traffic-control device,
interstate highway gate,
or any railroad sign or signal, barrier,
warning device, or sign erected in connection with highway maintenance or construction activities.
A violation of this section is a Class 1 misdemeanor. Any person who violates this section is
responsible for the cost of repairing or replacing such markers, signs, signals, barriers, or devices.
Section
13.
That
§
33-12-23
be amended to read as follows:
33-12-23.
Every
Any
person who enters any fort, magazine, arsenal, armory, arsenal yard, or
encampment, and seizes or takes away any arms, ammunition, military stores, or supplies
belonging to the people of this state, and every person who enters any such place with intent to do
so, is guilty of a
Class 4
Class 2
felony.
Section
14.
That
§
34-16-2
be amended to read as follows:
34-16-2.
Every
Any
person who releases or spreads any disease germs intending thereby to
accomplish the infection of one or more persons or domestic animals is guilty of a
Class 4
Class
2
felony.
Section
15.
That
§
37-17-1
be amended to read as follows:
37-17-1.
Any person who knowingly sells or offers for sale any agricultural implement, farm
tractor, or other type of farm machinery or equipment, or radio, piano, phonograph, sewing
machine, washing machine, typewriter, adding machine, comptometer, bicycle, firearm, safe,
vacuum cleaner, dictating machine, tape recorder, watch, watch movement, watch case, or any
mechanical or electrical device, appliance, contrivance, material, piece of apparatus
,
or equipment,
which is identified by a serial number placed thereon by the manufacturer, the original serial
number of which has been destroyed, removed, altered, covered, or defaced, is guilty of a Class
2 misdemeanor if the value of the property is
two
four
hundred dollars or less. If the value of the
property is more than
two
four
hundred dollars
and less than one thousand dollars, such person is
guilty of a Class 1 misdemeanor. If the value of the property is one thousand dollars or greater
,
such person is guilty of a Class 4 felony.
Section
16.
That
§
40-38-4
be amended to read as follows:
40-38-4.
Any person who violates subdivision 40-38-2(1) or (6) is guilty of a
Class 6 felony
Class 2 misdemeanor
if there is damage of
at least five
four
hundred dollars
and a Class 1
misdemeanor
or less. Any person who violates subdivision 40-38-2(1) or (6) is guilty of a Class
1 misdemeanor if there is damage of an amount greater than four hundred dollars and less than one
thousand dollars. Any person who violates subdivision 40-38-2(1) or (6) is guilty of a Class 4
felony
if there is damage of
less than five hundred dollars
one thousand dollars or greater
. Any
person who violates subdivisions 40-38-2(2) to (5), inclusive, is guilty of a
Class 6
Class 4
felony.
Section
17.
That
§
47-31B-508
be amended to read as follows:
47-31B-508.
(a) Criminal penalties. It is a
class four
Class 4
felony for any person that willfully
violates this chapter, or a rule adopted or order issued under this chapter, except § 47-31B-504 or
the notice filing requirements of § 47-31B-302 or 47-31B-405, or that willfully violates § 47-31B-
505 knowing the statement made to be false or misleading in a material respect
, upon conviction,
shall be fined not more than ten thousand dollars per violation
. An individual convicted of
violating a rule or order under this chapter may be fined, but may not be imprisoned, if the
individual did not have knowledge of the rule or order. A subsequent violation is a Class 3 felony.
Section
18.
That
§
51A-1-10
be amended to read as follows:
51A-1-10.
It is a Class 4 felony for an officer, director, employee, or agent of a bank:
52-1-12.
It is a Class 4 felony for an officer, director, employee or agent of an association:
58-4A-2.
For purposes of this chapter, a person commits a fraudulent insurance act if the
person:
Section
21.
That
§
58-33-37
be amended to read as follows:
58-33-37.
Any person who knowingly makes any false or fraudulent statement or
representation with reference to any application for insurance is guilty of a Class 1 misdemeanor.
Any person who knowingly presents or causes to be presented a false or fraudulent claim for the
purpose of obtaining any money or benefit, or who submits any proof in support of such a claim
for the payment of a loss upon a contract of insurance, or who prepares, makes, or subscribes a
false or fraudulent account, certificate, affidavit or proof of loss, or other document or writing, with
intent that the same may be presented or used in support of such a claim, is guilty of a
Class 1
Class 2
misdemeanor if such claim is for an amount of
five
four
hundred dollars or less
,
; a Class
1 misdemeanor if such claims is for an amount greater than four hundred dollars and less than one
thousand dollars;
and
is guilty of
a Class 4 felony if such claim
exceeds five hundred
is one
thousand
dollars
or greater
.