(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.