1. (1) Terms defined in Sections 76-1-101.5 and 76-9-1201 apply to this section.

2. (2) Except as provided in Subsection (4), an actor commits unlawful damage to a bridge, dam, canal, or other water-related structure if the actor intentionally, knowingly, or recklessly:

   1. (a) cuts, breaks, damages, or destroys a bridge, dam, canal, flume, aqueduct, levee, embankment, reservoir, or other structure erected:

      1. (i) to create hydraulic power;
      2. (ii) to drain or reclaim a swamp, overflowed land, or marsh land; or
      3. (iii) to conduct water for mining, manufacturing, reclamation, or agricultural purposes, or for the supply of the inhabitants of any city or town;
   2. (b) makes or causes to be made an aperture in a dam, canal, flume, aqueduct, reservoir, embankment, levee, or similar structure with intent to injure or destroy the dam, canal, flume, aqueduct, reservoir, embankment, levee, or similar structure; or
   3. (c) draws up, cuts, or injures a pile fixed in the ground and used for securing a lake or river bank or wall or a dock, quay, jetty, or lock.
3. (3) A violation of Subsection (2) is a third degree felony.
4. (4) Subsection (2) applies to conduct that does not amount to a violation of Subsection 76-6-106(2)(a)(ii) or Section 76-6-106.3.

Renumbered and Amended by Chapter 173, 2025 General Session