(1) (a) As used in this section: (i) "Building" means the same as that term is defined in Section 76-9-113 . (ii) "Business" means the same as that term is defined in Section 76-9-113 . (iii) "Enter" means the same as that term is defined in Section 76-9-113 . (b) Terms defined in Section 76-1-101.5 apply to this section. (2) An actor commits aggravated commercial obstruction if the actor: (a) enters or remains unlawfully on the premises or in a building of any business; (b) intends to interfere with the employees, customers, personnel, or operations of the business; and (c) intends to: (i) obtain unauthorized control over any merchandise, property, records, data, or proprietary information of the business; (ii) alter, eradicate, or remove any merchandise, records, data, or proprietary information of the business; (iii) damage, deface, or destroy any property on the premises of the business; (iv) commit an assault on any person; or (v) commit any other felony. (3) A violation of Subsection (2) is a second degree felony. (4) This section does not apply to: (a) an action protected by the National Labor Relations Act, 29 U.S.C. Sec. 151 et seq., or the Federal Railway Labor Act, 45 U.S.C. Sec. 151 et seq; or (b) an individual's exercise of the rights under the First Amendment to the Constitution of the United States or under Utah Constitution, Article I, Section 15.
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