reglab/statecodes huggingface dataset:
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 5 - Offenses Against the Individual › Part 1 - Assault and Related Offenses › Section 102.3 - Assault or threat of violence against a school employee.

Effective 5/4/2022
76-5-102.3.
Assault or threat of violence against a school employee.
(1)
(a) As used in this section:
(i) "Assault" means an offense under Section 76-5-102.
(ii) "Employee" includes a volunteer.
(iii) "Threat of violence" means an offense under Section 76-5-107.
(b) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits assault or threat of violence against a school employee if:
(a) the actor commits assault or a threat of violence against an employee of a public or private school;
(b) the actor has knowledge that the individual is an employee; and
(c) the employee is acting within the scope of the employee's authority as an employee.
(3) A violation of Subsection (2) is a class A misdemeanor.
Amended by Chapter 181, 2022 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 5 - Offenses Against the Individual › Part 1 - Assault and Related Offenses › Section 102.4 - Assault against peace officer or a military service member in uniform -- Penalties.

Effective 5/3/2023
76-5-102.4.
Assault against peace officer or a military service member in uniform -- Penalties.
(1)
(a) As used in this section:
(i) "Assault" means an offense under Section 76-5-102.
(ii) "Military service member in uniform" means:
(A) a member of any branch of the United States military who is wearing a uniform as authorized by the member's branch of service; or
(B) a member of the National Guard serving as provided in Section 39A-3-103.
(iii) "Peace officer" means:
(A) a law enforcement officer certified under Section 53-13-103;
(B) a correctional officer under Section 53-13-104;
(C) a special function officer under Section 53-13-105; or
(D) a federal officer under Section 53-13-106.
(iv) "Threat of violence" means an offense under Section 76-5-107.
(b) Terms defined in Section 76-1-101.5 apply to this section.
(2)
(a) An actor commits assault against a peace officer if:
(i) the actor commits an assault or threat of violence against a peace officer, with knowledge that the peace officer is a peace officer; and
(ii) at the time of the assault or threat of violence, the peace officer was acting within the scope of authority as a peace officer.
(b) An actor commits an assault or threat of violence against a military service member in uniform if:
(i) the actor commits an assault or threat of violence against a military service member in uniform; and
(ii) at the time of the assault or threat of violence, the service member was on orders and acting within the scope of authority granted to the military service member in uniform.
(3)
(a) A violation of Subsection (2) is a class A misdemeanor.
(b) Notwithstanding Subsection (3)(a), a violation of Subsection (2) is a third degree felony if the actor:
(i) has been previously convicted of a class A misdemeanor or a felony violation of this section; or
(ii) causes substantial bodily injury.
(c) Notwithstanding Subsection (3)(a) or (b), a violation of Subsection (2) is a second degree felony if the actor uses:
(i) a dangerous weapon; or
(ii) other means or force likely to produce death or serious bodily injury.
(4) This section does not affect or limit any individual's constitutional right to the lawful expression of free speech, the right of assembly, or any other recognized rights secured by the Utah Constitution or laws, or by the United States Constitution or federal law.
(5) An actor who violates this section shall serve, in jail or another correctional facility, a minimum of:
(a) 90 consecutive days for a second offense; and
(b) 180 consecutive days for each subsequent offense.
(6) The court may suspend the imposition or execution of the sentence required under Subsection (5) if the court finds that the interests of justice would be best served by the suspension and the court makes specific findings concerning the disposition on the record.
Amended by Chapter 44, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 5 - Offenses Against the Individual › Part 1 - Assault and Related Offenses › Section 102.5 - Assault by prisoner.

Effective 5/4/2022
76-5-102.5.
Assault by prisoner.
(1)
(a) As used in this section, "assault" means an offense under Section 76-5-102.
(b) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits assault by prisoner if the actor:
(a) is a prisoner; and
(b) intending to cause bodily injury, commits an assault.
(3) A violation of Subsection (2) is a third degree felony.
Amended by Chapter 181, 2022 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 5 - Offenses Against the Individual › Part 1 - Assault and Related Offenses › Section 102.6 - Propelling object or substance at a correctional or peace officer -- Penalties.

Effective 5/3/2023
76-5-102.6.
Propelling object or substance at a correctional or peace officer -- Penalties.
(1)
(a) As used in this section, "infectious agent" means the same as that term is defined in Section 26B-7-201.
(b) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits the offense of propelling an object or substance at a correctional or peace officer if the actor:
(a) is a prisoner or a detained individual; and
(b) throws or otherwise propels an object or substance at a peace officer, a correctional officer, or an employee or volunteer, including a health care provider.
(3)
(a) A violation of Subsection (2) is a class A misdemeanor.
(b) Notwithstanding Subsection (3)(a), a violation of Subsection (2) is a third degree felony if:
(i) the object or substance causes substantial bodily injury to the peace officer, the correctional officer, or the employee or volunteer, including a health care provider; or
(ii)
(A) the object or substance is:
(I) blood, urine, semen, or fecal material;
(II) an infectious agent or a material that carries an infectious agent;
(III) vomit or a material that carries vomit; or
(IV) the actor's saliva, and the actor knows the actor is infected with HIV, hepatitis B, or hepatitis C; and
(B) the object or substance comes into contact with any portion of the officer's, employee's, volunteer's, or health care provider's face, including the eyes or mouth, or comes into contact with any open wound on the officer's, employee's, volunteer's, or health care provider's body.
(4) If an offense committed under this section amounts to an offense subject to a greater penalty under another provision of state law than under this section, this section does not prohibit prosecution and sentencing for the more serious offense.
Amended by Chapter 330, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 5 - Offenses Against the Individual › Part 1 - Assault and Related Offenses › Section 102.7 - Assault or threat of violence against health care provider, emergency medical service worker, or health facility employee, owner, or contractor -- Penalty.

Affected by 63I-2-276 on 1/1/2027
Effective 5/3/2023
Superseded 7/1/2024
76-5-102.7.
Assault or threat of violence against health care provider, emergency medical service worker, or health facility employee, owner, or contractor -- Penalty.
(1)
(a) As used in this section:
(i) "Assault" means an offense under Section 76-5-102.
(ii) "Emergency medical service worker" means an individual licensed under Section 26B-4-116.
(iii) "Health care provider" means the same as that term is defined in Section 78B-3-403.
(iv) "Health facility" means:
(A) a health care facility as defined in Section 26B-2-201; and
(B) the office of a private health care provider, whether for individual or group practice.
(v) "Health facility employee" means an employee, owner, or contractor of a health facility.
(vi) "Threat of violence" means an offense under Section 76-5-107.
(b) Terms defined in Section 76-1-101.5 apply to this section.
(2)
(a) An actor commits assault or threat of violence against a health care provider or emergency medical service worker if:
(i) the actor is not a prisoner or a detained individual;
(ii) the actor commits an assault or threat of violence;
(iii) the actor knew that the victim was a health care provider or emergency medical service worker; and
(iv) the health care provider or emergency medical service worker was performing emergency or lifesaving duties within the scope of his or her authority at the time of the assault or threat of violence.
(b) An actor commits assault or threat of violence against a health facility employee if:
(i) the actor is not a prisoner or a detained individual;
(ii) the actor commits an assault or threat of violence;
(iii) the actor knew that the victim was a health facility employee; and
(iv) the health facility employee was acting within the scope of the health facility employee's duties for the health facility.
(3)
(a) A violation of Subsection (2) is a class A misdemeanor.
(b) Notwithstanding Subsection (3)(a), a violation of Subsection (2) is a third degree felony if the actor:
(i) causes substantial bodily injury; and
(ii) acts intentionally or knowingly.
Amended by Chapter 330, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 5 - Offenses Against the Individual › Part 1 - Assault and Related Offenses › Section 102.7 - Assault or threat of violence against health care provider, emergency medical service worker, or health facility employee, owner, or contractor -- Penalty.

Affected by 63I-2-276 on 1/1/2027
Effective 7/1/2024
76-5-102.7.
Assault or threat of violence against health care provider, emergency medical service worker, or health facility employee, owner, or contractor -- Penalty.
(1)
(a) As used in this section:
(i) "Assault" means an offense under Section 76-5-102.
(ii) "Emergency medical service worker" means an individual licensed under Section 53-2d-402.
(iii) "Health care provider" means the same as that term is defined in Section 78B-3-403.
(iv) "Health facility" means:
(A) a health care facility as defined in Section 26B-2-201; and
(B) the office of a private health care provider, whether for individual or group practice.
(v) "Health facility employee" means an employee, owner, or contractor of a health facility.
(vi) "Threat of violence" means an offense under Section 76-5-107.
(b) Terms defined in Section 76-1-101.5 apply to this section.
(2)
(a) An actor commits assault or threat of violence against a health care provider or emergency medical service worker if:
(i) the actor is not a prisoner or a detained individual;
(ii) the actor commits an assault or threat of violence;
(iii) the actor knew that the victim was a health care provider or emergency medical service worker; and
(iv) the health care provider or emergency medical service worker was performing emergency or lifesaving duties within the scope of his or her authority at the time of the assault or threat of violence.
(b) An actor commits assault or threat of violence against a health facility employee if:
(i) the actor is not a prisoner or a detained individual;
(ii) the actor commits an assault or threat of violence;
(iii) the actor knew that the victim was a health facility employee; and
(iv) the health facility employee was acting within the scope of the health facility employee's duties for the health facility.
(3)
(a) A violation of Subsection (2) is a class A misdemeanor.
(b) Notwithstanding Subsection (3)(a), a violation of Subsection (2) is a third degree felony if the actor:
(i) causes substantial bodily injury; and
(ii) acts intentionally or knowingly.
Amended by Chapter 310, 2023 General Session
Amended by Chapter 330, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 5 - Offenses Against the Individual › Part 1 - Assault and Related Offenses › Section 102.8 - Disarming a peace officer -- Penalties.

Effective 5/4/2022
76-5-102.8.
Disarming a peace officer -- Penalties.
(1)
(a) As used in this section:
(i) "Conductive energy device" means a weapon that uses electrical current to disrupt voluntary control of muscles.
(ii) "Firearm" means the same as that term is defined in Section 76-10-501.
(b) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits disarming a peace officer if the actor intentionally takes or removes, or attempts to take or remove a firearm or a conductive energy device from an individual or immediate presence of an individual who the actor knows is a peace officer:
(a) without the consent of the peace officer; and
(b) while the peace officer is acting within the scope of the peace officer's authority as a peace officer.
(3)
(a) A violation of Subsection (2) regarding a firearm is a first degree felony.
(b) A violation of Subsection (2) regarding a conductive energy device is a third degree felony.
Amended by Chapter 181, 2022 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 5 - Offenses Against the Individual › Part 1 - Assault and Related Offenses › Section 102.9 - Propelling a bodily substance or material -- Penalties.

Effective 5/3/2023
76-5-102.9.
Propelling a bodily substance or material -- Penalties.
(1)
(a) As used in this section:
(i) "Bodily substance or material" means:
(A) saliva, blood, urine, semen, or fecal material;
(B) an infectious agent or a material that carries an infectious agent; or
(C) vomit or a material that carries vomit.
(ii) "Infectious agent" means the same as that term is defined in Section 26B-7-201.
(b) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits propelling a bodily substance or material if the actor knowingly or intentionally throws or otherwise propels a bodily substance or material at another individual.
(3)
(a) A violation of Subsection (2) is a class B misdemeanor.
(b) Notwithstanding Subsection (3)(a), a violation of Subsection (2) is a class A misdemeanor if:
(i) the bodily substance or material is the actor's saliva and the actor knows the actor is infected with HIV, hepatitis B, or hepatitis C; or
(ii) the bodily substance or material comes into contact with any portion of the other individual's face, including the eyes or mouth, or comes into contact with any open wound on the other individual's body.
(4) If an offense committed under this section amounts to an offense subject to a greater penalty under another provision of state law than under this section, this section does not prohibit prosecution and sentencing for the more serious offense.
Amended by Chapter 330, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 5 - Offenses Against the Individual › Part 1 - Assault and Related Offenses › Section 103 - Aggravated assault -- Penalties.

Effective 5/4/2022
76-5-103.
Aggravated assault -- Penalties.
(1)
(a) As used in this section, "targeting a law enforcement officer" means the same as that term is defined in Section 76-5-202.
(b) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits aggravated assault if the actor:
(a)
(i) attempts, with unlawful force or violence, to do bodily injury to another;
(ii) makes a threat, accompanied by a show of immediate force or violence, to do bodily injury to another; or
(iii) commits an act, committed with unlawful force or violence, that causes bodily injury to another or creates a substantial risk of bodily injury to another; and
(b) includes in the actor's conduct under Subsection (2)(a) the use of:
(i) a dangerous weapon;
(ii) any act that impedes the breathing or the circulation of blood of another individual by the actor's use of unlawful force or violence that is likely to produce a loss of consciousness by:
(A) applying pressure to the neck or throat of an individual; or
(B) obstructing the nose, mouth, or airway of an individual; or
(iii) other means or force likely to produce death or serious bodily injury.
(3)
(a) A violation of Subsection (2) is a third degree felony.
(b) Notwithstanding Subsection (3)(a), a violation of Subsection (2) is a second degree felony if:
(i) the act results in serious bodily injury; or
(ii) an act under Subsection (2)(b)(ii) produces a loss of consciousness.
(c) Notwithstanding Subsection (3)(a) or (b), a violation of Subsection (2) is a first degree felony if the conduct constitutes targeting a law enforcement officer and results in serious bodily injury.
Amended by Chapter 181, 2022 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 5 - Offenses Against the Individual › Part 1 - Assault and Related Offenses › Section 103.5 - Aggravated assault by prisoner.

Effective 5/4/2022
76-5-103.5.
Aggravated assault by prisoner.
(1)
(a) As used in this section, "aggravated assault" means an offense under Section 76-5-103.
(b) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits aggravated assault by prisoner if the actor:
(a) is a prisoner; and
(b) commits aggravated assault.
(3)
(a) A violation of Subsection (2) is a second degree felony.
(b) Notwithstanding Subsection (3)(a), a violation of Subsection (2) is a first degree felony if serious bodily injury was intentionally caused.
Amended by Chapter 181, 2022 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 5 - Offenses Against the Individual › Part 1 - Assault and Related Offenses › Section 104 - Consensual altercation.

Effective 5/4/2022
76-5-104.
Consensual altercation.
(1) As used in this section, "ultimate fighting match" means the same as that term is defined in Section 76-9-705.
(2) In any prosecution for criminal homicide under Part 2, Criminal Homicide, or assault as that offense is described in Section 76-5-102, it is no defense to the prosecution that the defendant was a party to any duel, mutual combat, or other consensual altercation if during the course of the duel, combat, or altercation:
(a) any dangerous weapon was used; or
(b) the defendant was engaged in an ultimate fighting match.
Amended by Chapter 181, 2022 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 5 - Offenses Against the Individual › Part 1 - Assault and Related Offenses › Section 105 - Mayhem.

Effective 5/4/2022
76-5-105.
Mayhem.
(1) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits mayhem if the actor unlawfully and intentionally:
(a) deprives an individual of a member of the individual's body;
(b) disables or renders useless a member of an individual's body;
(c) cuts out or disables an individual's tongue;
(d) puts out an individual's eye; or
(e) slits an individual's nose, ear, or lip.
(3) A violation of Subsection (2) is a second degree felony.
Amended by Chapter 181, 2022 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 5 - Offenses Against the Individual › Part 1 - Assault and Related Offenses › Section 106 - Harassment.

Effective 5/4/2022
76-5-106.
Harassment.
(1) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits harassment if, with intent to frighten or harass another, the actor communicates a written or recorded threat to commit a violent felony.
(3) A violation of Subsection (2) is a class B misdemeanor.
Amended by Chapter 181, 2022 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 5 - Offenses Against the Individual › Part 1 - Assault and Related Offenses › Section 107 - Threat of violence -- Penalty.

Effective 5/4/2022
76-5-107.
Threat of violence -- Penalty.
(1) Terms defined in Section 76-1-101.5 apply to this section.
(2)
(a) An actor commits a threat of violence if the actor:
(i)
(A) threatens to commit an offense involving bodily injury, death, or substantial property damage; and
(B) acts with intent to place an individual in fear of imminent serious bodily injury, substantial bodily injury, or death; or
(ii) makes a threat, accompanied by a show of immediate force or violence, to do bodily injury to an individual.
(b) A threat under this section may be express or implied.
(3)
(a) A violation of Subsection (2) is a class B misdemeanor.
(b) An actor who commits an offense under this section is subject to punishment for that offense, in addition to any other offense committed, including the carrying out of the threatened act.
(c) In addition to any other penalty authorized by law, a court shall order an actor convicted of a violation of this section to reimburse any federal, state, or local unit of government, or any private business, organization, individual, or entity for all expenses and losses incurred in responding to the violation, unless the court states on the record the reasons why the reimbursement would be inappropriate.
(4) It is not a defense under this section that the actor did not attempt to or was incapable of carrying out the threat.
Amended by Chapter 181, 2022 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 5 - Offenses Against the Individual › Part 1 - Assault and Related Offenses › Section 107.1 - Threats against schools.

Effective 5/4/2022
76-5-107.1.
Threats against schools.
(1)
(a) As used in this section:
(i) "Hoax weapon of mass destruction" means the same as that term is defined in Section 76-10-401.
(ii) "School" means a preschool or a public or private elementary or secondary school.
(b) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor is guilty of making a threat against a school if the actor threatens in person or via electronic means, either with real intent or as an intentional hoax, to commit any offense involving bodily injury, death, or substantial property damage and the actor:
(a) threatens the use of a firearm or weapon or hoax weapon of mass destruction;
(b) acts with intent to:
(i) disrupt the regular schedule of the school or influence or affect the conduct of students, employees, or the general public at the school;
(ii) prevent or interrupt the occupancy of the school or a portion of the school, or a facility or vehicle used by the school; or
(iii) intimidate or coerce students or employees of the school; or
(c) causes an official or volunteer agency organized to deal with emergencies to take action due to the risk to the school or general public.
(3)
(a)
(i) A violation of Subsection (2)(a), (b)(i), or (b)(iii) is a class A misdemeanor.
(ii) A violation of Subsection (2)(b)(ii) is a class B misdemeanor.
(iii) A violation of Subsection (2)(c) is a class C misdemeanor.
(b)
(i) In addition to any other penalty authorized by law, a court shall order an actor convicted of a violation of this section to pay restitution to any federal, state, or local unit of government, or any private business, organization, individual, or entity for expenses and losses incurred in responding to the threat, unless the court states on the record the reasons why the reimbursement would be inappropriate.
(ii) Restitution ordered in the case of a minor adjudicated for a violation of this section shall be determined in accordance with Section 80-6-710.
(4) It is not a defense to this section that the actor did not attempt to carry out or was incapable of carrying out the threat.
(5)
(a) A violation of this section shall be reported to the local law enforcement agency.
(b) If the actor alleged to have violated this section is a minor, the minor may be referred to the juvenile court.
(6) Counseling for the minor and the minor's family may be made available through state and local health department programs.
Amended by Chapter 181, 2022 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 5 - Offenses Against the Individual › Part 1 - Assault and Related Offenses › Section 107.3 - Threat of terrorism -- Penalty.

Effective 5/4/2022
76-5-107.3.
Threat of terrorism -- Penalty.
(1)
(a) As used in this section:
(i) "Hoax weapon of mass destruction" means the same as that term is defined in Section 76-10-401.
(ii) "Weapon of mass destruction" means the same as that term is defined in Section 76-10-401.
(b) Terms defined in Section 76-1-101.5 apply to this section.
(2)
(a) An actor commits a threat of terrorism if the actor threatens to commit an offense involving bodily injury, death, or substantial property damage and the actor:
(i)
(A) threatens the use of a weapon of mass destruction; or
(B) threatens the use of a hoax weapon of mass destruction; or
(ii) acts with intent to:
(A) intimidate or coerce a civilian population or to influence or affect the conduct of a government or a unit of government;
(B) prevent or interrupt the occupation of a building or a portion of the building, a place to which the public has access, or a facility or vehicle of public transportation operated by a common carrier; or
(C) cause an official or volunteer agency organized to deal with emergencies to take action due to the actor's conduct posing a serious and substantial risk to the general public.
(b) A threat under this section may be express or implied.
(3)
(a)
(i) A violation of Subsection (2)(a)(i) or (2)(a)(ii)(A) is a second degree felony.
(ii) A violation of Subsection (2)(a)(ii)(B) is a third degree felony.
(iii) A violation of Subsection (2)(a)(ii)(C) is a class B misdemeanor.
(b) An actor who commits an offense under this section is subject to punishment for that offense, in addition to any other offense committed, including the carrying out of the threatened act.
(c) In addition to any other penalty authorized by law, a court shall order an actor convicted of a violation of this section to reimburse any federal, state, or local unit of government, or any private business, organization, individual, or entity for all expenses and losses incurred in responding to the violation, unless the court states on the record the reasons why the reimbursement would be inappropriate.
(4) It is not a defense under this section that the actor did not attempt to carry out or was incapable of carrying out the threat.
Amended by Chapter 181, 2022 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 5 - Offenses Against the Individual › Part 1 - Assault and Related Offenses › Section 108 - Violation of protective order.

Effective 5/4/2022
76-5-108.
Violation of protective order.
(1) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits violation of protective order if the actor:
(a) is the respondent or defendant subject to a protective order, child protective order, ex parte protective order, ex parte child protective order, or foreign protection order issued under, or for the purposes of Subsection (2)(a)(i), enforceable under:
(i)Title 78B, Chapter 7, Part 3, Uniform Interstate Enforcement of Domestic Violence Protection Orders Act;
(ii)Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders;
(iii)Title 78B, Chapter 7, Part 8, Criminal Protective Orders; or
(iv)Title 80, Utah Juvenile Code; and
(b) intentionally or knowingly violates that order after having been properly served or having been present, in person or through court video conferencing, when the order was issued.
(3) A violation of Subsection (2) is a class A misdemeanor, except as a greater penalty may be provided in Title 77, Chapter 36, Cohabitant Abuse Procedures Act.
(4) Violation of an order described in Subsection (2) is a domestic violence offense under Section 77-36-1 and subject to increased penalties in accordance with Section 77-36-1.1.
Amended by Chapter 181, 2022 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 5 - Offenses Against the Individual › Part 1 - Assault and Related Offenses › Section 109.2 - Aggravated child abuse.

Effective 5/4/2022
76-5-109.2.
Aggravated child abuse.
(1)
(a) As used in this section:
(i) "Child" means the same as that term is defined in Section 76-5-109.
(ii) "Serious physical injury" means the same as that term is defined in Section 76-5-109.
(b) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits aggravated child abuse if the actor:
(a) inflicts upon a child serious physical injury; or
(b) having the care or custody of such child, causes or permits another to inflict serious physical injury upon a child.
(3)
(a) A violation of Subsection (2) is a second degree felony if done intentionally or knowingly.
(b) A violation of Subsection (2) is a third degree felony if done recklessly.
(c) A violation of Subsection (2) is a class A misdemeanor if done with criminal negligence.
(4)
(a) A parent or legal guardian who provides a child with treatment by spiritual means alone through prayer, in lieu of medical treatment, in accordance with the tenets and practices of an established church or religious denomination of which the parent or legal guardian is a member or adherent may not, for that reason alone, be considered to have committed an offense under this section.
(b) A parent or guardian of a child does not violate this section by selecting a treatment option for the medical condition of the child, if the treatment option is one that a reasonable parent or guardian would believe to be in the best interest of the child.
(c) An actor is not guilty of an offense under this section for conduct that constitutes:
(i) conduct described in Section 76-2-401; or
(ii) the use of reasonable and necessary physical restraint or force on a child:
(A) in self-defense;
(B) in defense of others;
(C) to protect the child; or
(D) to remove a weapon in the possession of a child for any of the reasons described in Subsections (4)(c)(ii)(A) through (C).
Enacted by Chapter 181, 2022 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 5 - Offenses Against the Individual › Part 1 - Assault and Related Offenses › Section 110 - Abuse or neglect of a child with a disability.

Effective 5/4/2022
76-5-110.
Abuse or neglect of a child with a disability.
(1)
(a) As used in this section:
(i) "Abuse" means:
(A) inflicting physical injury;
(B) having the care or custody of a child with a disability, causing or permitting another to inflict physical injury; or
(C) unreasonable confinement.
(ii) "Caretaker" means:
(A) any parent, legal guardian, or other person having under that person's care and custody a child with a disability; or
(B) any person, corporation, or public institution that has assumed by contract or court order the responsibility to provide food, shelter, clothing, medical, and other necessities to a child with a disability.
(iii) "Child with a disability" means an individual under 18 years old who is impaired because of mental illness, mental deficiency, physical illness or disability, or other cause, to the extent that the individual is unable to care for the individual's own personal safety or to provide necessities such as food, shelter, clothing, and medical care.
(iv) "Neglect" means failure by a caretaker to provide care, nutrition, clothing, shelter, supervision, or medical care.
(v) "Physical injury" means the same as that term is defined in Section 76-5-109.
(b) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits abuse or neglect of a child with a disability if the actor is a caretaker and intentionally, knowingly, or recklessly abuses or neglects a child with a disability.
(3) A violation of Subsection (2) is a third degree felony.
(4)
(a) A parent or legal guardian who provides a child with treatment by spiritual means alone through prayer, in lieu of medical treatment, in accordance with the tenets and practices of an established church or religious denomination of which the parent or legal guardian is a member or adherent may not, for that reason alone, be considered to be in violation under this section.
(b) Subject to Section 80-3-109, the exception under Subsection (4)(a) does not preclude a court from ordering medical services from a physician licensed to engage in the practice of medicine to be provided to the child where there is substantial risk of harm to the child's health or welfare if the treatment is not provided.
(c) A caretaker of a child with a disability does not violate this section by selecting a treatment option for a medical condition of a child with a disability, if the treatment option is one that a reasonable caretaker would believe to be in the best interest of the child with a disability.
Amended by Chapter 181, 2022 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 5 - Offenses Against the Individual › Part 1 - Assault and Related Offenses › Section 111.2 - Aggravated abuse of a vulnerable adult -- Penalties.

Effective 5/4/2022
76-5-111.2.
Aggravated abuse of a vulnerable adult -- Penalties.
(1)
(a) As used in this section, "abuse," "caretaker," "isolation," "neglect," "serious physical injury," and "vulnerable adult" all mean the same as those terms are defined in Section 76-5-111.
(b) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor, including a caretaker, commits aggravated abuse of a vulnerable adult if the actor, under a circumstance likely to produce death or serious physical injury:
(a) causes a vulnerable adult to suffer serious physical injury;
(b) having the care or custody of a vulnerable adult, causes or permits the vulnerable adult's person or health to be injured; or
(c) causes or permits a vulnerable adult to be placed in a situation in which the vulnerable adult's person or health is endangered.
(3)
(a) A violation of Subsection (2) is a second degree felony if done intentionally or knowingly.
(b) A violation of Subsection (2) is a third degree felony if done recklessly.
(c) A violation of Subsection (2) is a class A misdemeanor if done with criminal negligence.
(4)
(a) It does not constitute a defense to a prosecution for a violation of this section that the actor did not know the age of the vulnerable adult.
(b) An adult is not considered abused, neglected, or a vulnerable adult for the reason that the adult has chosen to rely solely upon religious, nonmedical forms of healing in lieu of medical care.
(5) If an actor, including a caretaker, violates this section by willfully isolating a vulnerable adult, in addition to the penalties under Subsection (3), the court may require that the actor:
(a) undergo appropriate counseling as a condition of the sentence; and
(b) pay for the costs of the ordered counseling.
Enacted by Chapter 181, 2022 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 5 - Offenses Against the Individual › Part 1 - Assault and Related Offenses › Section 112 - Reckless endangerment -- Penalty.

Effective 5/4/2022
76-5-112.
Reckless endangerment -- Penalty.
(1) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits reckless endangerment if, under circumstances not amounting to a felony offense, the actor recklessly engages in conduct that creates a substantial risk of death or serious bodily injury to another individual.
(3) A violation of Subsection (2) is a class A misdemeanor.
Amended by Chapter 181, 2022 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 5 - Offenses Against the Individual › Part 1 - Assault and Related Offenses › Section 114 - Commission of domestic violence in the presence of a child.

Effective 5/4/2022
76-5-114.
Commission of domestic violence in the presence of a child.
(1)
(a) As used in this section:
(i) "Cohabitant" means the same as that term is defined in Section 78B-7-102.
(ii) "Criminal homicide offense" means an offense listed in Subsection 76-5-201(2).
(iii) "Domestic violence" means the same as that term is defined in Section 77-36-1.
(iv) "In the presence of a child" means:
(A) in the physical presence of a child; or
(B) having knowledge that a child is present and may see or hear an act of domestic violence.
(b) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits domestic violence in the presence of a child if the actor:
(a) commits or attempts to commit a criminal homicide offense against a cohabitant in the presence of a child;
(b) intentionally causes serious bodily injury to a cohabitant or uses a dangerous weapon or other means or force likely to produce death or serious bodily injury against a cohabitant, in the presence of a child; or
(c) under circumstances not amounting to a violation of Subsection (2)(a) or (b), commits an act of domestic violence in the presence of a child.
(3)
(a) A violation of Subsection (2)(a) or (b) is a third degree felony.
(b) A violation of Subsection (2)(c) is a class B misdemeanor.
(4)
(a) A charge under this section is separate and distinct from, and is in addition to, a charge of domestic violence in which the victim is the cohabitant.
(b) Either or both charges may be filed by the prosecutor.
(5) An actor who commits a violation of this section when more than one child is present is guilty of one offense of domestic violence in the presence of a child regarding each child present when the violation occurred.
Renumbered and Amended by Chapter 181, 2022 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 5 - Offenses Against the Individual › Part 2 - Criminal Homicide › Section 201 - Criminal homicide -- Designations of offenses -- Exceptions -- Application of consensual altercation defense.

Effective 5/4/2022
76-5-201.
Criminal homicide -- Designations of offenses -- Exceptions -- Application of consensual altercation defense.
(1)
(a) As used in this section:
(i) "Abortion" means the same as that term is defined in Section 76-7-301.
(ii) "Criminal homicide" means an act causing the death of another human being, including an unborn child at any stage of the unborn child's development.
(b) The terms defined in Section 76-1-101.5 apply to this section.
(2) The following are criminal homicide:
(a) aggravated murder;
(b) murder;
(c) manslaughter;
(d) child abuse homicide;
(e) homicide by assault;
(f) negligent homicide; and
(g) negligently operating a vehicle resulting in death.
(3) Notwithstanding Subsection (2), an actor is not guilty of criminal homicide if:
(a) the death of an unborn child is caused by an abortion;
(b) the sole reason for the death of an unborn child is that the actor:
(i) refused to consent to:
(A) medical treatment; or
(B) a cesarean section; or
(ii) failed to follow medical advice; or
(c) a woman causes the death of her own unborn child, and the death:
(i) is caused by a criminally negligent act or reckless act of the woman; and
(ii) is not caused by an intentional or knowing act of the woman.
(4) The provisions governing a defense of a consensual altercation as described in Section 76-5-104 apply to this part.
Amended by Chapter 116, 2022 General Session
Amended by Chapter 116, 2022 General Session, (Coordination Clause)
Amended by Chapter 181, 2022 General Session, (Coordination Clause)
Amended by Chapter 181, 2022 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 5 - Offenses Against the Individual › Part 2 - Criminal Homicide › Section 204 - Death of other than intended victim no defense.

76-5-204.
Death of other than intended victim no defense.
In any prosecution for criminal homicide, evidence that the actor caused the death of a person other than the intended victim shall not constitute a defense for any purpose to criminal homicide.
Enacted by Chapter 196, 1973 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 5 - Offenses Against the Individual › Part 2 - Criminal Homicide › Section 205 - Manslaughter -- Penalties.

Effective 5/4/2022
76-5-205.
Manslaughter -- Penalties.
(1)
(a) As used in this section:
(i)
(A) "Aid" means the act of providing the physical means.
(B) "Aid" does not include the withholding or withdrawal of life sustaining treatment procedures to the extent allowed under Title 75, Chapter 2a, Advance Health Care Directive Act, or any other laws of this state.
(ii) "Practitioner" means an individual currently licensed, registered, or otherwise authorized by law to administer, dispense, distribute, or prescribe medications or procedures in the course of professional practice.
(iii) "Provides" means to administer, prescribe, distribute, or dispense.
(b) Terms defined in Section 76-1-101.5 apply to this section.
(2) Except as provided in Subsection (5), an actor commits manslaughter if the actor:
(a) recklessly causes the death of another individual;
(b) intentionally, and with knowledge that another individual intends to commit suicide or attempt to commit suicide, aids the individual to commit suicide; or
(c) commits a homicide which would be murder, but the offense is reduced in accordance with Subsection 76-5-203(4).
(3) A violation of Subsection (2) is a felony of the second degree.
(4)
(a) In addition to the penalty described under this section or any other section, a defendant who is convicted of violating this section shall have the defendant's driver license revoked under Section 53-3-220 if the death of another individual results from driving a motor vehicle.
(b) The court shall forward the report of the conviction resulting from driving a motor vehicle to the Driver License Division in accordance with Section 53-3-218.
(5)
(a) A practitioner does not violate Subsection (2)(b) if the practitioner provides medication or a procedure to treat an individual's illness or relieve an individual's pain or discomfort, regardless of whether the medication or procedure may hasten or increase the risk of death to the individual to whom the practitioner provides the medication or procedure.
(b) Notwithstanding Subsection (5)(a), a practitioner violates Subsection (2)(b) if the practitioner intentionally and knowingly provides the medication or procedure to aid the individual to commit suicide or attempt to commit suicide.
Amended by Chapter 181, 2022 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 5 - Offenses Against the Individual › Part 2 - Criminal Homicide › Section 206 - Negligent homicide -- Penalties.

Effective 5/4/2022
76-5-206.
Negligent homicide -- Penalties.
(1) Definitions of terms in Section 76-1-101.5 apply to this section.
(2) An actor commits negligent homicide if the actor, acting with criminal negligence, causes the death of another individual.
(3) A violation of Subsection (2) is a class A misdemeanor.
(4)
(a) In addition to the penalty provided under this section or any other section, a defendant who is convicted of violating this section shall have the defendant's driver license revoked under Section 53-3-220 if the death of another individual results from driving a motor vehicle.
(b) The court shall forward the report of the conviction to the Driver License Division in accordance with Section 53-3-218.
Amended by Chapter 181, 2022 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 5 - Offenses Against the Individual › Part 2 - Criminal Homicide › Section 207.5 - Automobile homicide involving a handheld wireless communication device while driving.

Effective 5/3/2023
76-5-207.5.
Automobile homicide involving a handheld wireless communication device while driving.
(1)
(a) As used in this section:
(i) "Criminally negligent" means the same as that term is described in Subsection 76-2-103(4).
(ii) "Motor vehicle" means any self-propelled vehicle, including an automobile, truck, van, motorcycle, train, engine, watercraft, or aircraft.
(iii) "Negligent" means the failure to exercise the degree of care that a reasonable and prudent person exercises under similar circumstances.
(iv) "Wireless communication device" means the same as that term is defined in Section 41-6a-1716.
(b) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits automobile homicide if the actor:
(a) operates a moving motor vehicle in a negligent manner;
(b) while using a wireless communication device in violation of Section 41-6a-1716; and
(c) causes the death of another individual.
(3)
(a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a third degree felony.
(b) A violation of Subsection (2) is a second degree felony if the actor operated the moving motor vehicle in a criminally negligent manner.
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 5 - Offenses Against the Individual › Part 2 - Criminal Homicide › Section 208 - Child abuse homicide -- Penalties.

Effective 5/3/2023
76-5-208.
Child abuse homicide -- Penalties.
(1)
(a) As used in this section, "child abuse" means an offense described in Sections 76-5-109, 76-5-109.2, 76-5-109.3, and 76-5-114.
(b) Terms defined in Section 76-1-101.5 apply to this section.
(2) Unless a violation amounts to aggravated murder as described in Section 76-5-202, an actor commits child abuse homicide if:
(a)
(i) the actor causes the death of another individual who is younger than 18 years old; and
(ii) the individual's death results from child abuse; and
(b)
(i) the child abuse is done recklessly under Subsection 76-5-109.2(3)(b);
(ii) the child abuse is done with criminal negligence under Subsection 76-5-109.2(3)(c); or
(iii) under circumstances not amounting to the type of child abuse homicide described in Subsection (2)(b)(i), the child abuse is done intentionally, knowingly, recklessly, or with criminal negligence, under Subsection 76-5-109(3)(a), (b), or (c).
(3)
(a) A violation of Subsection (2) under the circumstances described in Subsection (2)(b)(i) is a first degree felony.
(b) A violation of Subsection (2) under the circumstances described in Subsection (2)(b)(ii) or (iii) is a second degree felony.
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 5 - Offenses Against the Individual › Part 2 - Criminal Homicide › Section 209 - Homicide by assault -- Penalty.

Effective 5/4/2022
76-5-209.
Homicide by assault -- Penalty.
(1) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits homicide by assault if, under circumstances not amounting to aggravated murder, murder, or manslaughter:
(a) the actor causes the death of another individual; and
(b) the actor causes the other individual's death while intentionally or knowingly attempting, with unlawful force or violence, to do bodily injury to the other individual.
(3) Homicide by assault is a third degree felony.
Amended by Chapter 181, 2022 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 5 - Offenses Against the Individual › Part 3 - Kidnapping, Trafficking, and Smuggling › Section 301 - Kidnapping.

Effective 5/4/2022
76-5-301.
Kidnapping.
(1)
(a) As used in this section:
(i) "Against the will of an individual" includes without the consent of the legal guardian, caretaker, or custodian of an individual who is a dependent adult.
(ii) "Dependent adult" means the same as that term is defined in Section 76-5-111.
(iii) "Minor" means an individual who is 14 years old or older but younger than 18 years old.
(b) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits kidnapping if the actor intentionally or knowingly, without authority of law, and against the will of an individual:
(a) detains or restrains the individual for any substantial period of time;
(b) detains or restrains the individual in circumstances exposing the individual to risk of bodily injury;
(c) holds the individual in involuntary servitude;
(d) detains or restrains a minor without the consent of the minor's parent or legal guardian or the consent of a person acting in loco parentis; or
(e) moves the individual any substantial distance or across a state line.
(3) A violation of Subsection (2) is a second degree felony.
Amended by Chapter 181, 2022 General Session