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Cultural Sites Protection

Utah Code tit. 76, ch. 76-6, pt. 76-6-P9
in effect

Utah Code § 76-6-901 Definitions.

76-6-901. Definitions. As used in this part: (1) "Antiquities" means: (a) all material remains and their associations, recoverable through excavation or surface collection, that provide information pertaining to the historic or prehistoric peoples in the state; and (b) vertebrate fossils and other exceptional fossils and fossil sites designated as state landmarks. (2) "Landowner" includes the School and Institutional Trust Lands Administration with respect to lands sold by the School and Institutional Trust Lands Administration and upon which a restrictive deed covenant has been imposed by the School and Institutional Trust Lands Administration. (3) "Persons" means an individual, corporation, partnership, trust, institution, association, or any other private entity or any officer, employee, agent, department, or instrumentality of the United States, of any Native American tribe, or of any state or political subdivision of any state. (4) "State lands" means all lands owned by: (a) Utah, including school and institutional trust lands and lands sold by the School and Institutional Trust Lands Administration subject to a restrictive deed covenant for the protection of antiquities; and (b) political subdivisions. Amended by Chapter 111, 2006 General Session

Utah Code § 76-6-902 Antiquities alteration, removal, injury, or destruction.

76-6-902. Antiquities alteration, removal, injury, or destruction. (1) Terms defined in Sections 76-1-101.5 and 76-6-901 apply to this section. (2) An actor commits antiquities alteration, removal, injury, or destruction if the actor: (a) intentionally alters, removes, injures, or destroys antiquities from state lands or private lands without the landowner's consent; or (b) counsels, procures, solicits, or employs another person to violate Subsection (2)(a). (3) (a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class B misdemeanor. (b) A violation of Subsection (2) is a third degree felony if: (i) the violation is the actor's second or subsequent violation of this section, Section 76-6-902.1, or Section 76-6-902.2; or (ii) the amount at issue, as calculated under Subsection (3)(c), exceeds $500. (c) The amount described in Subsection (3)(b)(ii) is calculated by adding together: (i) the commercial or archaeological value of the antiquities involved in the violation; and (ii) the cost of the restoration and repair of the antiquities involved in the violation. (d) An actor shall surrender to the landowner all articles and material discovered, collected, excavated, or offered for sale or exchange in violation of this section. (4) (a) For a violation of Subsection (2) on state lands, the court may: (i) impose a fine up to the full amount described in Subsection (3)(c); or (ii) order the actor to pay restitution for the damage caused by the actor's violation of this section. (b) The court may order that restitution under Subsection (4)(a) be deposited into the Public Lands Restoration and Protection Fund created in Section 9-8a-207. Amended by Chapter 376, 2026 General Session

Utah Code § 76-6-902.1 Unlawful creation, labeling, or sale of reproduction of antiquities.

76-6-902.1. Unlawful creation, labeling, or sale of reproduction of antiquities. (1) Terms defined in Sections 76-1-101.5 and 76-6-901 apply to this section. (2) An actor commits unlawful reproduction, labeling, or sale of reproduction of antiquities if the actor: (a) with the intent to represent one or more objects as original and genuine antiquities, intentionally: (i) reproduces, reworks, or forges antiquities; or (ii) (A) makes an object, whether as a copy or not; or (B) falsely labels, describes, identifies, or offers for sale or exchange an object; or (b) counsels, procures, solicits, or employs another person to violate Subsection (2)(a). (3) (a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class B misdemeanor. (b) A violation of Subsection (2) is a third degree felony if: (i) the violation is the actor's second or subsequent violation of this section, Section 76-6-902, or Section 76-6-902.2; or (ii) the amount at issue, as calculated under Subsection (3)(c), exceeds $500. (c) The amount described in Subsection (3)(b)(ii) is calculated by adding together: (i) the commercial or archaeological value of the antiquities involved in the violation; and (ii) the cost of the restoration and repair of the antiquities involved in the violation. (d) An actor shall surrender to the landowner all articles and material discovered, collected, excavated, or offered for sale or exchange in violation of this section. Enacted by Chapter 111, 2023 General Session

Utah Code § 76-6-902.2 Unlawful sale or exchange of antiquities.

76-6-902.2. Unlawful sale or exchange of antiquities. (1) Terms defined in Sections 76-1-101.5 and 76-6-901 apply to this section. (2) An actor commits unlawful sale or exchange of antiquities if the actor: (a) offers for sale or exchange an object that was collected or excavated in violation of Section 76-6-902; or (b) counsels, procures, solicits, or employs another person to violate Subsection (2)(a). (3) (a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class B misdemeanor. (b) A violation of Subsection (2) is a third degree felony if: (i) the violation is the actor's second or subsequent violation of this section, Section 76-6-902, or Section 76-6-902.1; or (ii) the amount at issue, as calculated under Subsection (3)(c), exceeds $500. (c) The amount described in Subsection (3)(b)(ii) is calculated by adding together: (i) the commercial or archaeological value of the antiquities involved in the violation; and (ii) the cost of the restoration and repair of the antiquities involved in the violation. (d) An actor shall surrender to the landowner all articles and material discovered, collected, excavated, or offered for sale or exchange in violation of this section. Enacted by Chapter 111, 2023 General Session
Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title76/Chapter6/76-6-P9.html?v=C76-6-P9_1800010118000101Fetched: 10/26/2026

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