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House passes criminal-code amendment targeting property-destruction campaigns called 'commercial terrorism'

Utah House of Representatives · January 31, 2002
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Summary

House Bill 100 amends criminal definitions to increase penalties for property-destruction campaigns described by the sponsor as terrorism linked to extremist animal-rights groups; debate centered on free-speech limits and who decides whether conduct qualifies.

Representative Jerry Adair, sponsor of House Bill 100, presented floor amendments to criminal-code language to address destructive campaigns aimed at businesses and research facilities. The sponsor cited past incidents — including arson and large-scale vandalism — and argued that some actions cause substantial property damage and should be eligible for enhanced penalties.

The bill removes terms a judge struck down (e.g., references to sound wave or light ray in the old code) and clarifies that the statute does not apply to protected First Amendment activity; the sponsor said the statute was drafted to avoid criminalizing lawful picketing, referencing the National Labor Relations Act and constitutional protections cited in the bill text.

Floor questioning focused on who will determine whether specific conduct rises to the level of the enhanced offense: the arresting officer, prosecutor, jury or court. Representative Hendricks asked whether the determination would be made prior to charging; the sponsor said it would involve arrests, charging decisions and jury review as appropriate. Other members warned that enhanced penalties keyed to motivation can risk classifying civil disobedience as terrorism; one lawmaker urged caution so civil protesters are not unfairly labeled.

The bill’s sponsor pointed to previous violent acts and property destruction — including events cited in Weber County and elsewhere — saying the measure targets conduct that threatens safety and commerce. After floor debate and amendment, HB100 passed the House 50–17 and will be sent to the Senate.

Representative Adair quote: "This does not affect anybody's free speech, but their free speech ends with the beginning of my nose and your nose and my private property and your private property," as he described the statute’s limits.