76-10-2801. Vehicle compartment for contraband — Penalties.
- (1) As used in this section:
- (a)
- (i) “Compartment” means any box, container, space, or enclosure:
- (A) that is intended or designed to conceal, hide, or otherwise prevent the discovery of contraband; and
- (B) that is within a vehicle or attached to a vehicle.
- (ii) “Compartment” includes:
- (A) false, altered, or modified fuel tanks;
- (B) original factory equipment of a vehicle that is modified, altered, or changed to accommodate or contain contraband; and
- (C) a box, container, space, or enclosure that is fabricated, made, created from, or added to the existing structure of a vehicle.
- (i) “Compartment” means any box, container, space, or enclosure:
- (b)
- (i) “Contraband” means any property, item, or substance which is unlawful to produce or possess under state or federal law.
- (ii) “Contraband” includes any cash or monetary instrument that is the proceeds of an unlawful activity under Subsection 76-10-1602(4).
- (c) “Motor vehicle” has the same meaning as in Section 41-6a-102.
- (d) “Semitrailer” has the same meaning as in Section 41-6a-102.
- (e) “Trailer” has the same meaning as in Section 41-1a-102.
- (f) “Vehicle” means a motor vehicle, a trailer, and a semitrailer.
- (a)
- (2) It is a class A misdemeanor for a person to knowingly possess, use, or control a vehicle which has a compartment with the intent to store, conceal, or transport contraband in the compartment.
- (3) It is a third degree felony for a person to facilitate the storage, concealment, or transportation of contraband by:
- (a) designing, constructing, building, altering, or fabricating a compartment for a vehicle;
- (b) installing or creating a compartment in a vehicle; or
- (c) attaching a compartment to a vehicle.
- (4) The trier of fact may infer that a person intended to store, conceal, or transport contraband if the person possesses, uses, or controls a vehicle that has a compartment, and the compartment contains:
- (a) contraband; or
- (b) evidence of prior storage, concealment, or transportation of contraband.
Enacted by Chapter 298, 2008 General Session