Q: Is 41-6a-904(2)(A) an infraction or misdemeanor?
A violation of 41-6a-904(2)(A) is a class C misdemeanor.
Utah Code Ann. 41-6a-202 states that any violation of Chapter 6a is either a class C misdemeanor or an infraction, unless it is specifically provided otherwise in the statute allegedly violated. Violations of Parts 2, 11, 17, and are infractions. Violations of any other Part is a class C misdemeanor. The first number of the third group of numbers of the statute identifies the Part. In this case 41-6a-904 is found in the 9th part, and thus any violation of a statute beginning with 41-6a-9*** would be a class C misdemeanor unless otherwise provided. No where in 41-6a-202 does it specifically state what level of offense a violation would be, thus it would default to a class C misdemeanor.
Keep in mind, in Utah a class C misdemeanor is punishable by up to 90 days in jail and/or up to a fine of $750.00, so talking with an attorney is a very good idea.
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