Utah’s new Riot Act was signed by Governor Cox on 03/16/2021 and goes into effect 60 days after the legislative adjournment.
New Utah Riot Act Highlights.
--If you are arrested for a felony riot charge you can’t just post bail immediately. You have to see a judge first, then bail, if any will be assessed.
--They added felony Riot charges to the exclusive and small list of offenses where you can be refused bail under the Utah and United States Constitution. It reads:
“(f) a felony violation of Section 76-9-101 if there is substantial evidence to support the charge and the court finds by clear and convincing evidence that the individual is not likely to appear for a subsequent court appearance.” See Utah Code Ann. 77-20-1(2)(f)(2021).
Utah Riot Charge Defenses.
Riot charges are not common charges. Riot charges by their nature are culturally and politically sensitive where an effect Utah criminal defense attorney can make a huge difference in front of a jury.
Utah Criminal Defense Attorney Jake Gunter has nearly 20 years’ experience defending people accused of crimes. (801) 373-6345.
The REDLINE amended Utah RIOT statue can be read below and at utahlegislature.org.
27 76-9-101. Riot -- Penalties. 28 (1) [A person] An individual is guilty of riot if the individual: 29 (a) simultaneously with two or more other [persons he] individuals engages in
30 [tumultuous or] violent conduct [and thereby], knowingly or recklessly [creates] creating a 31 substantial risk of causing public alarm; [or] 32 (b) [he] assembles with two or more other [persons] individuals with the purpose of 33 engaging, soon thereafter, in [tumultuous or] violent conduct, knowing, that two or more other 34 [persons] individuals in the assembly have the same purpose; or 35 (c) [he] assembles with two or more other [persons] individuals with the purpose of 36 committing an offense against a person, or the property of another person who [he] the 37 individual supposes to be guilty of a violation of law, believing that two or more other 38 [persons] individuals in the assembly have the same purpose. 39 (2) [Any person] Any individual who refuses to comply with a lawful order to 40 withdraw [given to him immediately] prior to, during, or immediately following a violation of 41 Subsection (1) is guilty of riot. It is no defense to a prosecution under this Subsection (2) that 42 withdrawal must take place over private property; provided, however, that [no persons so 43 withdrawing shall] an individual who withdraws in compliance with an order to withdraw may 44 not incur criminal or civil liability by virtue of acts reasonably necessary to accomplish the 45 withdrawal. 46 [(3) Riot is a felony of the third degree if, in the course of and as a result of the 47 conduct, any person suffers bodily injury, or substantial property damage, arson occurs or the 48 defendant was armed with a dangerous weapon, as defined in Section 76-1-601; otherwise it is 49 a class B misdemeanor.] 50 (3) Except as provided in Subsection (4), riot is a class B misdemeanor. 51 (4) Riot is a third degree felony if, in the course of the conduct: 52 (a) the individual causes substantial or serious bodily injury; 53 (b) the individual causes substantial property damage or commits arson; or 54 (c) the individual was in possession of a dangerous weapon as defined in Section 55 76-1-601. 56 (5) An individual arrested for a violation of Subsection (4) may not be released from 57 custody before the individual appears before a magistrate or a judge.
58 (6) The court shall order a defendant convicted under Subsection (4) to pay restitution 59 as calculated in accordance with Section 77-38a-302. 60