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Legal Information: Utah

Statutes: Utah

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Updated: 
July 19, 2023

76-9-102. Disorderly conduct

(1) As used in this section:

(a) “Official meeting” means:

(i) a meeting, as defined in Section 52-4-103;

(ii) a meeting of the Legislature, the Utah Senate, the Utah House of Representatives, a legislative caucus, or any committee, task force, working group, or other organization in the state legislative branch; or

(iii) a meeting of an entity created by the Utah Constitution, Utah Code, Utah administrative rule, legislative rule, or a written rule or policy of the Legislative Management Committee.

(b) “Public place” means a place to which the public or a substantial group of the public has access, including:

(i) streets or highways; and

(ii) the common areas of schools, hospitals, apartment houses, office buildings, public buildings, public facilities, transport facilities, and shops.

(2) An individual is guilty of disorderly conduct if:

(a) the individual refuses to comply with the lawful order of a law enforcement officer to move from a public place or an official meeting, or knowingly creates a hazardous or physically offensive condition, by any act that serves no legitimate purpose; or

(b) intending to cause public inconvenience, annoyance, or alarm, or recklessly creating a risk of public inconvenience, annoyance, or alarm, the person:

(i) engages in fighting or in violent, tumultuous, or threatening behavior;

(ii) makes unreasonable noises in a public place or an official meeting;

(iii) makes unreasonable noises in a private place which can be heard in a public place or an official meeting; or

(iv) obstructs vehicular or pedestrian traffic in a public place or an official meeting.

(3) The mere carrying or possession of a holstered or encased firearm, whether visible or concealed, without additional behavior or circumstances that would cause a reasonable person to believe the holstered or encased firearm was carried or possessed with criminal intent, does not constitute a violation of this section. Nothing in this Subsection (3) may limit or prohibit a law enforcement officer from approaching or engaging any person in a voluntary conversation.

(4) An individual who violates this section is guilty of:

(a) except as provided in Subsection (4)(b), (c), or (d), an infraction;

(b) except as provided in Subsection (4)(c) or (d), a class C misdemeanor, if the violation occurs after the individual has been asked to cease conduct prohibited under this section;

(c) except as provided in Subsection (4)(d), a class B misdemeanor, if:

(i) the violation occurs after the individual has been asked to cease conduct prohibited under this section; and

(ii) within five years before the day on which the individual violates this section, the individual was previously convicted of a violation of this section; or

(d) a class A misdemeanor, if:

(i) the violation occurs after the individual has been asked to cease conduct prohibited under this section; and

(ii) within five years before the day on which the individual violates this section, the individual was previously convicted of two or more violations of this section.