1. (1) Terms defined in Sections 76-1-101.5 and 76-6-901 apply to this section.

2. (2) An actor commits antiquities alteration, removal, injury, or destruction if the actor:

   1. (a) intentionally alters, removes, injures, or destroys antiquities from state lands or private lands without the landowner's consent; or
   2. (b) counsels, procures, solicits, or employs another person to violate Subsection (2)(a).

3. (3)

   1. (a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class B misdemeanor.

   2. (b) A violation of Subsection (2) is a third degree felony if:

      1. (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
      2. (ii) the amount at issue, as calculated under Subsection (3)(c), exceeds $500.

   3. (c) The amount described in Subsection (3)(b)(ii) is calculated by adding together:

      1. (i) the commercial or archaeological value of the antiquities involved in the violation; and
      2. (ii) the cost of the restoration and repair of the antiquities involved in the violation.
   4. (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. (4)

   1. (a) For a violation of Subsection (2) on state lands, the court may:

      1. (i) impose a fine up to the full amount described in Subsection (3)(c); or
      2. (ii) order the actor to pay restitution for the damage caused by the actor's violation of this section.
   2. (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